Playground, Outdoor Equipment, Surfacing Installation and Repairs

Fontana Unified School District is seeking bids for Playground, Outdoor Equipment, Surfacing Installation and Repairs, under Bid No. 25/26-0019. The Scope of Work includes unit‑price installation of new playground equipment, surfacing, and shade structures, and repairs/overlays to existing equipment and surfacing. Scope will vary by school site and work may be issued district‑wide on an as‑needed basis via purchase orders. Playground, outdoor equipment, and surfacing materials will be provided by the District; the contractor shall furnish all labor, installation hardware, incidentals, and related services.

Questions must be submitted through the e-procurement portal no later than 2:00 pm on Friday, April 3, 2026. Bids must be submitted through the e-procurement portal at https://procurement.opengov.com/portal/fusd, no later than 2:00 pm on Tuesday, April 21, 2026; bids received after that time will not be accepted.

Contract Term

The resulting contract shall be for One (1) year with option to renew for up to Five (5) years renewal options at the District’s discretion.

Compliance

This is a public works contract subject to California prevailing wage requirements. All contractors and subcontractors must be registered with the Department of Industrial Relations (DIR) before bidding and for the duration of the project

Background

The District is seeking unit pricing for installation of NEW playground equipment, surfacing, installation of shade structures over playground equipment, and repairs to playground equipment and surfacing (overlay). Playground, outdoor equipment and surfacing materials will be provided by the District.

Fontana Unified School District is a public K-12 school district located in San Bernardino County, California. The District serves a diverse population of approximately 32,000 students across 45 school sites, including elementary, middle, and high schools. FUSD is the second-largest school district in San Bernardino County and is committed to providing equitable access to high-quality education and technology for all students. For additional information on the District, vendors are recommended to visit the District's website at www.fusd.net.

Project Details

Reference ID: 25/26-0019
Department: FMOT
Department Head: Samer Alzubaidi (Executive Director)

Important Dates

Questions Due: 2026-04-03T21:00:00.000Z
Answers Posted By: 2026-04-07T21:00:00.000Z
Pre-Proposal Meeting: 2026-03-31T17:00:00.000Z — FUSD M&O Conference Room, 9851 Catawba Ave, Fontana, Ca 92335

Addenda

Addendum #1 (released 2026-03-27T23:34:57.488Z) —
This addendum forms a part of the Contract Documents and modifies the original documents dated March 23, 2026. It is intended that all work affected by the following modifications shall conform to the applicable provisions and general conditions of the original bid documents. Bidders shall be responsible for transmitting this information to all affected subcontractors and suppliers prior to the closing of proposals.

License Classification:
Class B (General Building) contractor as the Prime, with specialty work performed by properly licensed subcontractors.
Specifically:
- Playground equipment installation to be performed by a C‑61/D‑34 contractor (prime or sub);
- Concrete footings, as applicable, to be performed by a C‑8 contractor;
- Installation of the synthetic Turf requires C-27; and
- Rubberized floor Mat (poured in place) requires C-61/D-12.
Please use the See What Changed link to view all the changes made by this addendum.
Official Notice #1: Bid No. 25/26-0019 - Pre-Bid Conference Sign-in Sheet (released 2026-04-01T16:42:00.916Z) —
This notice is being issued to provide all prospective bidders with access to the official Pre-Bid Conference Sign-In Sheet for this project.
The sign-in sheet serves as documentation of attendance at the mandatoryPre-Bid Conference and will be used to verify bidder eligibility, as applicable to the requirements outlined in the bid documents.
Official Notice #2: Notice of Cancellation (released 2026-04-06T19:34:40.627Z) —
Notice is hereby given that Bid No. 25/26-0019 – Playground, Outdoor Equipment, Surfacing Installation and Repairs is canceled. The District has elected not to proceed with this solicitation at this time.
This action is taken in the best interest of the District. The District reserves the right to issue a separate and/or revised solicitation at a future date.

Evaluation Criteria

Preparation of Bid Form —
All interested Vendors are invited to submit a Bid in accordance with the terms and conditions stated in the Bid documents. Bids must be electronically submitted up to but not later than the date and time indicated in the Notice Inviting Bids. A copy of the Bid documents can be downloaded by accessing the District’s web site at https://procurement.opengov.com/portal/fusd. Vendors are required to register for an account via the District’s e-Procurement Portal hosted by OpenGov.
The District reserves the right to reject any bid if all of the above information is not furnished. It is each bidder’s sole responsibility to ensure its bid is timely submitted and received by the District. Any bid received after the scheduled closing time for receipt of bids shall not be accepted.

Fontana Unified School District Sites —

FUSD Elementary Schools
Name	Address
Almond Elementary	8172 Almond Avenue, Fontana, CA 92335
Beech Avenue Elementary	9206 Beech Avenue, Fontana, CA 92335
Canyon Crest Elementary	11851 Cherry Avenue, Fontana, CA 92337
Chaparral Academy of Technology	14000 Shadow Drive, Fontana, CA 92337
Citrus Elementary	16041 Randall Avenue, Fontana, CA 92335
Cypress Elementary	9751 Cypress Ave., Fontana, CA, 92335
Date Elementary	9011 Oleander Avenue, Fontana, CA 92335
Dolores Huerta International Academy	17777 Merrill Avenue, Fontana, CA 92335
Dororthy Grant Innovations Academy	7069 Isabel Lane, Fontana, CA 92336
Hemlock Elementary	15080 Miller Avenue, Fontana, CA 92336
Juniper Elementary	7655 Juniper Avenue, Fontana, CA 92336
Kathy Binks Elementary	7358 Cypress Avenue, Fontana, CA 92336
Live Oak Elementary	9522 Live Oak Avenue, Fontana, CA, 92335
Locust Elementary	7420 Locust Avenue, Fontana, CA, 92336
Mango Elementary	7450 Mango Avenue, Fontana, CA 92336
Maple Elementary	751 S. Maple Avenue, Fontana, CA 92335
North Tamarind Elementary	7961 Tamarind Avenue, Fontana, CA 92336
Oak Park Elementary	14200 Live Oak Avenue, Fontana, CA 92337
O'Day Short Elementary	16613 Randall Avenue, Fontana, CA 92335
Oleander Elementary	8650 Oleander Avenue, Fontana, CA 92335
Palmetto Elementary	9325 Palmetto Avenue, Fontana, CA, 92335
Poplar Elementary	9937 Poplar Avenue, Fontana, CA 92335
Redwood Elementary	8570 Redwood Avenue, Fontana, CA 92335
Shadow Hills Elementary	14300 Shadow Drive, Fontana, CA 92337
Sierra Lakes Elementary	5740 Avenal Pl., Fontana, CA 92336
South Tamarind Elementary	8561 Tamarind Avenue, Fontana, CA 92335
Ted J. Porter Elementary	8330 Locust Avenue, Fontana, CA 92335
Tokay Elementary	7846 Tokay Avenue, Fontana, CA 92336
Virginia Primrose Elementary	751 N. Maple Avenue, Fontana, CA 92336
West Randall Elementary	15620 Randall Avenue, Fontana, CA 92335

FUSD Middle Schools
Name	Address
Alder Middle School	7555 Alder Avenue, Fontana, CA 92336
Almeria Middle School	7723 Almeria Avenue, Fontana, CA 92336
Fontana Middle School	8425 Mango Avenue, Fontana, CA 92335
Harry S. Truman Middle School	16224 Mallory Drive, Fontana, CA 92335
Sequioa Middle School	9452 Hemlock Avenue, Fontana, CA 92335
Southridge Tech Middle School	14500 Live Oak Avenue, Fontana, CA 92337
Wayne Ruble Middle School	6762 Juniper Avenue, Fontana, CA 92336

FUSD High Schools
Name	Address
A.B Miller High School	6821 Oleander Avenue, Fontana, CA 92336
Fontana High School	9453 Citrus Avenue, Fontana, CA 92335
Henry J. Kaiser High School	11155 Almond Avenue, Fontana, CA 92337
Jurupa Hills High School	10700 Oleander Avenue, Fontana, CA 92335
Summit High School	15551 Summit Avenue, Fontana, CA 92336

FUSD Alternative School
Name	Address
Eric Birch High School	10760 Cypress Avenue, Fontana, CA 92335

FUSD Adult School
Name	Address
Fontana Adult School	10755 Oleander Avenue, Fontana, CA 92337

FUSD Offices
Name	Address
FUSD FMOT Complex	9851 Catawba Avenue, Fontana, CA 92335
FUSD Office Complex	9680 Citrus Avenue, Fontana, CA 92335
FUSD Warehouse	8426 Mango Avenue, Fontana, CA 92335

*The district may add, remove, and/or rename sites related to school closures, unforeseen circumstances, and the construction or addition of new school buildings or sites; or renaming.

ACCESS TO SCHOOL SITES AND DEPARTMENTS (only if delivery is indicated direct to the sites)
Contractor is required to sign out and return school master keys from the Fontana School Police Department each day unless pre-approved to check out keys for a longer duration of time. Contractor must also notify School Police at (909) 357-5000 ext. 29060 when leaving any school site or District building after hours.

ARTICLE 1 DEFINITIONS —
NOTE: The following shall not be construed as a comprehensive list of all definitions in the Contract Documents and there may be other definitions set forth in the Contract Documents. Additionally, any references to any DSA forms, documents or requirements shall be construed to incorporate any updates, supplements, or additions. The Contractor shall be required to meet the latest DSA requirements applicable to the Project. These General Conditions are intended to supplement, complement and work in conjunction with the Division 1 documents/specifications. Work required by one set of documents and not by the others shall be done as if required by all. In the event there is a discrepancy, conflict, or ambiguity between the various documents, it is intended that the more stringent, higher quality, and greater quantity of work shall apply. The Contractor shall carefully review all Contract Documents carefully and if there are any discrepancies, conflict or ambiguities in the documents, the Contractor shall notify the Construction Manager in writing. Failure to provide written notice shall be deemed consent by the Contractor that all of the requirements in the documents are clear, there are no discrepancies, conflicts or ambiguities, and that the Contractor understands the requirements for the Project.
1. 1. Action of the Governing Board is a vote of a majority of the District’s governing board.
  2. Approval means written authorization through action of the governing board unless specific delegation of approval authority is delegated to a District representative.
  3. As shown, as indicated, as detailed refers to drawings accompanying this specification.
  4. Claim. A “Claim” shall have the same meaning as in Public Contract Code sections 9204 and 20104, including the requirements of Section 9204 (c)(1) to submit a Claim to the District by registered or certified mail. In addition, a Claim shall include any disagreement involving any withholding the District makes or has provided notice to the Contractor that it intends to make from any payment that would otherwise be due to the Contractor. Notwithstanding the above, before any “Dispute” rises to the level of a Claim, the Contractor must have complied with the applicable provisions of Article 43, including the requirement to assemble documentation supporting the Contractor’s position. Supporting documentation (see Article 44) must be submitted with a Claim.
  5. Dispute. A “Dispute” is a disagreement over a discrete and separate issue involving the terms or conditions of the Project or Contract where the Contractor’s opinion or interpretation of the Project, Contract, payment, Change Order or Request for Proposal differs from that of the District or Architect. A Dispute includes any disagreement that would be considered a claim under Public Contract Code sections 9204 and 20104, but has not yet risen to the level of a Claim. A Dispute only rises to the level of a Claim once the Contractor assembles back-up documentation and presents it to the District for evaluation. See Article 44.
  6. Complete/ Completion/ Final Completion means that all Work in the Contract Documents is finished, the requirements of the Contract Documents have been met, the Project has been closed out, and all Work has ceased on the Project. This may also be referred to as Final Completion. In most cases, the recording of a Notice of Completion shall represent Completion of the Project. Beneficial Occupancy does not mean the Work is Complete.
  7. Contract, Contract Documents includes all documents noted in Article 7 of the Agreement Form and all modifications, addenda, and amendments thereto.
  8. Contractor, District and Architect are those mentioned as such in the Agreement. They are treated throughout the contract as if they are of singular number and neuter gender.
  9. Locality in which the work is performed means the county in which the public work is done.
  10. Project is the planned undertaking as provided for in the Contract Documents by District and Contractor.
  11. Provide shall include “provide complete in place”, that is, “furnish & install”.
  12. Safety Orders are those issued by the Division of Industrial Safety an OSHA Safety and Health Standards for construction.
  13. Standards, Rules and Regulations that are recognized printed standards applicable to the Project shall be considered as one and a part of the Contract Documents.
  14. Subcontractor, as used herein, includes those having direct contract with Contractor and one who furnishes material worked to a special design according to plans, drawings, and specifications for this work, but does not include one who merely furnishes material not so worked.
  15. Substantial Completion/ Substantially Complete(d) is not reached unless and until each of the following five (5) conditions have been fully met: (1) all contractually required items have been installed with the exception of only minor and incomplete punch list items; (2) all fire/life safety systems have been installed, and are working and signed off on the DSA Form 152 Inspection Card; (3) all building systems including mechanical, electrical, low voltage, and plumbing are all functioning; (4) all other items DSA Form 152 Inspection Card for the Project have been approved and signed off; and (5) the Project is fit for occupancy and its intended use.
  16. Surety is the person, firm, or corporation that executes as surety the Contractor’s Performance Bond and Payment Bond.
  17. Work of the Contractor or Subcontractor includes labor or materials (including, without installation, equipment and appliances) or both, incorporated in, or to be incorporated in the construction covered by the complete Contract.
  18. Workers include laborer, worker or mechanic.
FEDERAL REQUIREMENTS —
The Contractor shall comply with the all federal rules as applicable including, but not limited to: Equal Employment Opportunity; Davis-Bacon and Related Acts; Work Hours and Safety Standards Act; Clear Air Act; Debarment and Suspension; and Byrd Anti-Lobbying Amendment. Contractor and all Subcontractors agree to comply with all applicable requirements under the National School Lunch Program (NSLP).
FEDERAL LABOR STANDARDS PROVISIONS —
(a) Based on certain Federal funding received by the District for this Project, the following Federal Labor Standards are included and made a part of the Agreement and Contract Documents for this Project. In each case that the term “contractor” is stated herein, it shall mean the “Contractor” as defined and referenced in the General Conditions and other contract documents. In each case that the term “subcontractor” is stated herein, it shall mean any and all subcontractors to the Contractor, and each such subcontractor’s subcontractor, through all tiers. Notwithstanding the foregoing, in each case that the term “contractor or subcontractor” is stated herein, it shall mean the Contractor and any and all subcontractors to the Contractor, and each such subcontractor’s subcontractor, through all tiers. Contractor and its subcontractors shall comply with the following requirements of the Federal Davis-Bacon Act and the Contract Work Hours and Safety Standards Act pursuant to 29 Code of Federal Regulations Section 5.5.
(1) Minimum wages.
(i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in §5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: provided that the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
(ii)
(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
(2) Withholding. The District shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, the District may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.
(3) Payrolls and Basic Records.
(i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.
(ii)
(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the federal agency if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to the federal agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead, the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the federal agency if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit them to the applicant, sponsor, or owner, as the case may be, for transmission to the federal agency, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the sponsoring government agency or the applicant, or the District.
(B) Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be provided under §5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete;
(2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract.
(C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph (a)(3)(ii)(B) of this section.
(D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code.
(iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the District, the federal agency, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.
(4) Apprentices and Trainees.
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30.
(5) Compliance with Copeland Act Requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract.
(6) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the federal agency may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5.
(7) Contract Termination: Debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.
(8) Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract.
(9) Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives.
(10) Certification of Eligibility.
(i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.
(b) Contract Work Hours and Safety Standards Act.
(1) Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(2) Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section.
(3) Withholding for Unpaid Wages and Liquidated Damages. The District shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section.
(c) The contractor and all subcontractors shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. The records to be maintained under this paragraph shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the District, the federal agency, and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job.
District Map —
Manufacturer Certified Installer/Experience —
Contractor must be manufacturer certified installer for at least one (1) the following manufacturers and must have at least five (5) years documentable experience installing playground equipment for public agencies:
- Miracle Recreation Equipment Company
- Playworld Systems
Award of a contract may be to more than one (1) contractors due to the above requirement.
ARTICLE 2 LAWS CONCERNING THE DISTRICT A PART HEREOF —
Contract is subject to all provision of the Constitution of Laws of California governing, controlling or effecting District, or the property, funds operations, or powers of District, and such provisions are by his reference made a part hereof and of Contract.
Additional Information/Instructions —
Contractor will be responsible for coordination of delivery, receipt and secure storage of all equipment/product at their facility, as well as be responsible for the transport of equipment/product to the individual project sites. Temporary fencing and/or cargo container may be required to secure equipment during installation and will be the responsibility of the contractor. Upon receipt of product, contractor will be responsible for notifying the District of receipt (packing slip shall be signed by contractor and sent to the District). Contractor is responsible for confirming that all equipment/product ordered has been received.
District will remove and replace fences within the perimeter where it interferes with work. District will provide site demarcation and/or plot plans to identify installation footprints and product orientations. Contractor will be responsible for accurate post and footing layouts.
District will contract for the purchase of all EQUIPMENT AND SURFACING material.
Contractor must be Playground Safety Certified Installer (PSCI), be Miracle and/or Playworld Factory Certified Installer and have at least five (5) years documentable experience installing playground equipment and surfacing for public agencies.
Contractor shall take particular effort and care to ensure that all playground posts, equipment components, and asphalt surfacing in project areas are continuously free of concrete splashings. Asphalt surfaces are to be left in a clean state to enable follow-on impact-attenuating surfacing installation (by others).
Contractor must comply with Health and Safety Code, California Code of Regulations, and/or the Americans with Disabilities Act (ADA). The specific Health and Safety Code sections are 1596.70 through 1596.879 and Sections 115725 through 115750. The specific California Code of Regulations sections are found in Title 22: Division 12, Chapter 1; and Division 4, Chapter 22; which incorporate by reference the "Handbook for Public Playground Safety" (Pub. 325) and Standard Consumer Safety Performance Specification for Playground Equipment for Public Use, (ASTM), Publication Designation: F 1487-98 and any and all other legal codes, regulations, laws, and requirements as applicable to these particular projects.
ARTICLE 3 SITE INVESTIGATION —
Before bidding on this Project, Contractor shall make a careful investigation of the site and thoroughly familiarize himself with the requirement of the Contract. By the act of submitting a bid for the Project included in this Contract, Contractor shall be deemed to have made such study and investigation and that Contractor is familiar with and accepts the conditions of the site.
Miscellaneous Information —
Contractor is responsible to submit the required information for the site safety plan per DSA bulletin 24-05. The contractor, in collaboration with the District, is responsible for developing the SSP and submitting it with the DSA 102-IC.
MISCELLANEOUS PROVISIONS —
(a) Contractor must post the applicable wage determinations and the Davis-Bacon poster (WH-1321) on the Project site in a conspicuous location protected from the weather in all relevant languages. The applicable wage determinations are attached hereto. The Davis-Bacon Poster (WH-1321) can be found on the United States Department of Labor website at http://www.dol.gov/whd/programs/dbra/wh1321.htm
(b) Contractor and all subcontractors shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.). Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
(c) Contractor and subcontractors of all tiers must certify to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the District.
Signature —
The bid form, all bonds, all designations of Subcontractors, the Contractor’s Certificate, the Agreement, and all Guarantees must be signed in permanent ink in the name of the bidder and must bear the signature in longhand of the person or persons duly authorized to sign the bid. Typed font signature will not be accepted.
If bidder is a corporation, the legal name of the corporation shall first be set forth, together with two signatures: one from the President and one from the Secretary or Assistant Secretary. Alternatively, the signature of other authorized officers or agents may be affixed, if a certified copy of the resolution of the corporate board of directors authorizing them to do so is provided to the District. Such documents shall include the title of such signatories below the signature and shall bear the corporate seal.
If bidder is a partnership, the true name of the firm shall first be set forth, together with the names of all persons comprising the partnership or co-partnership. The bid must be signed by all partners comprising the partnership unless proof in the form of a certified copy of a statement of partnership acknowledging the signer to be a general partner is presented to the District, in which case the general partner may sign.
Bids submitted as joint ventures must so state and be signed by each joint venture.
Bids submitted by individuals must be signed by the bidder unless an up-to-date power- of-attorney is on file in the District office, in which case, said person may sign for the individual.
The above rules also apply in the case of the use of a fictitious firm name. In addition, however, where a fictitious name is used, it must be indicated in the signature.
California Public Contract Code —
Where applicable, bidders must meet the requirements set forth in Public Contract Code section 10115 et seq., Military and Veterans Code section 999 et seq. and California Code of Regulations, Title 2, Section 1896.60 et seq. regarding Disabled Veteran Business Enterprise (“DVBE”) Programs. Forms are included in this Bid Package.
Modifications —
Changes in or additions to the bid form, recapitulations of the work bid upon, alternative proposals, or any other modification of the bid form which is not specifically called for in the Contract Documents may result in the District’s rejection of the bid as not being responsive to the Notice Inviting Bids. No oral or telephonic modification of any bid submitted will be considered.
ARTICLE 4 STATUS OF CONTRACTOR —
1. 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 this contract. Nothing herein contained shall be construed as creating the relationship of employer and employee, or principal and agent, between the District, or any of the District’s employees or agents, 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. District shall be permitted to monitor the activities to determine compliance with the terms of this Contract. Contractor and Subcontractors are required by law to be licensed and regulated by the Contractors State License Board.
2. Strict compliance with all DIR registration requirements in accordance with Labor Code sections 1725.5 and 1771.1 is a material obligation of the Contractor and all of its Subcontractors (of any tier) under the Contract Documents. The foregoing includes, without limitation, compliance with DIR registration requirements at all times during performance of the Work by the Contractor and all of its Subcontractors of any tier. The failure of the Contractor and all Subcontractors of any tier to be properly registered with DIR at all times during performance of the Work is a material breach of the Contract and subject to termination for cause.
3. An affirmative and ongoing obligation of the Contractor under the Contract Documents is the verification that all Subcontractors of any tier are at all times during performance of the Work are in full and strict compliance with the DIR registration requirements. The Contractor shall not permit or allow any Subcontractor of any tier to perform any Work without the Contractor’s verification that all Subcontractors are in full and strict compliance with the DIR registration requirements. Any Subcontractors of any tier not properly registered with DIR shall be substituted in accordance with Labor Code section 1771.1. Contractor or its Subcontractors of any tier shall not be entitled to any additional costs or time arising from or in any way related to compliance with the DIR registration requirements.
Erasures, Inconsistent or Illegible Bids —
The bid submitted must not contain any erasures, interlineations, or other corrections unless each such correction creates no inconsistency and is suitably authenticated by affixing in the margin immediately opposite the correction the signature or signatures of the person or persons signing the bid. In the event of inconsistency between words and figures in the bid price, words shall control figures. In the event that the District determines that any bid is unintelligible, inconsistent, or ambiguous, the District may reject such bid as being non-responsive.
ARTICLE 5 CONTRACTOR’S SUPERVISION —
1. During progress of the Work, Contractor shall keep on the premises (including both the site and the plant) a superintendent satisfactory to District and, if applicable, Architect. Before commencing the Work herein, Contractor shall give written notice to District and Architect of the name and a Statement of Qualifications of such superintendent. 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 in writing. Superintendent shall represent Contractor and all directions given to Superintendent shall be as binding as if given to Contractor.
2. The Contractor shall verify all indicated dimensions before ordering materials or equipment, or before performing and Work. The Contractor shall take field measurements, verify field conditions, and shall carefully compare such field measurements and conditions and other information known to the Contractor with the Contract Documents before commencing activities. Errors, inconsistencies, or omissions discovered shall be reported to the Architect at once. Upon commencement of any item of Work, the Contractor shall be responsible for dimensions related to such item of Work and shall make any corrections necessary to make the 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.
3. Omissions from the drawings or specifications, or the misdescription of details of the Work which are manifestly necessary to carry out the intent of the drawings and specifications, or which are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed Work, but they shall be performed as if fully and correctly set forth and described in the drawings and specifications.
4. Contractor shall establish a protocol for requesting inspection with Inspector so as to not delay the Project or Work and provide adequate time for the Inspector to perform inspection. If such a protocol is not established ahead of time, Inspector may utilize the time criteria set by Title 24 of 48 hours in advance of submitting form DSA 156 for each new area. DSA requirements under PR 13-01 specifically give the Special Inspector fourteen (14) days to post to the DSA website. Contractor is responsible for delays and for failure to plan.
5. For some Projects, there may be a need to incrementally install certain assemblies. It is up to Contractor to identify areas and assemblies that may be constructed incrementally. Contractor must identify and establish incremental areas of construction and establish protocols with Inspector for DSA 152 approvals so they may be presented to DSA. See PR-13-01 for further discussion.
ARTICLE 6 SUBCONTRACTORS —
1. Contractor agrees to bind every Subcontractor by terms of Contract as far as such terms are applicable to Subcontractor’s Work. If Contractor shall subcontract any part of this Contract, Contractor shall be as fully responsible to 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 the Contract Documents shall create any contractual relation between any Subcontractor and District, nor shall this Contract be construed to be for the benefit of any Subcontractor. The Contractor shall be responsible for the coordination of the trades, Subcontractors and materialmen engaged upon their Work.
2. All Subcontractors (of any tier) performing any portion of the Work must comply with the Labor Code sections 1725.5 and 1771.1 and must be properly and currently registered with the California Department of Industrial Relations and qualified to perform public works pursuant to Labor Code section 1725.5 throughout the duration of the Project. No portion of the Work is permitted to be performed by a Subcontractor of any tier unless the Subcontractor is properly registered with DIR. Any Subcontractors of any tier not properly registered with DIR shall be substituted in accordance with Labor Code section 1771.1.
Examination of Site and Contract Documents —
Each bidder shall visit the site of the proposed work and become fully acquainted with the conditions relating to the construction and labor so that the facilities, difficulties, and restrictions attending the execution of the work under the Contract are fully understood. Bidders shall thoroughly examine and be familiar with the drawings and specifications and all others documents and requirements that are attached to and/or contained in the Project Manual or other documents issued to bidders. The failure or omission of any bidder to receive or examine any Contract Documents, form, instrument, addendum, or other document or to visit the site and become acquainted with conditions there existing shall not relieve any bidder from obligations with respect to the bid or to the Contract. The submission of a bid shall be taken as prima facie evidence of compliance with this Section. Bidders shall not, at any time after submission of the bid, dispute, complain, or assert that there were any misunderstandings with regard to the nature or amount of work to be done.
ARTICLE 7 DISTRICT’S INSPECTOR —
One or more Project Inspectors employed by the District and approved by the Division of the State Architect will be assigned to the Project in accordance with the requirements of Title 24 of the California Code of Regulations. The Inspector(s) duties are as specifically defined in Title 24 Section 4-333 and 4-342 and in DSA IR A-8. No Work shall be carried on except with the knowledge and under the inspection of said Inspector(s). He shall have free access to any or all parts of the Work at any time. The District will provide inspection and testing at its cost during the normal eight (8) hour day Monday through Friday (except holidays). Work by the Contractor outside of the normal eight (8) hour day shall constitute an authorization from the Contractor to the District to provide inspection and testing as required outside of the normal eight (8) hour day. Contractor shall reimburse District for inspection and testing outside the normal eight-hour day or for any retests caused by the Contractor.
Withdrawal of Bids —
Any Bid may be withdrawn by the Vendor by selecting the “Unsubmit Proposal” button at any time prior to the scheduled closing time for receipt of bids. Proposers are advised that the District reserves the right to amend the Bid documents at any time. If a Vendor discovers any ambiguity or error such as a conflict, discrepancy, omission, or other errors in the Bid documents, proposer shall immediately notify the District via the OpenGov Question/Answer tab.
No bidder may withdraw any bid for a period of ninety (90) calendar days after the date set for the opening of bids.
Agreements, Insurance and Bonds —
The Agreement Form which the successful bidder, as Contractor, will be required to execute, and the forms and amounts of surety bonds and insurance endorsements which Contractor will be required to be furnished at the time of execution of the Agreement, are included in the bid documents and should be carefully examined by the bidder. The number of executed copies of the Agreement, the Performance Bond, and the Payment Bond required is two (2). Payment and Performance bonds must be executed by an admitted surety insurer as defined in Code of Civil Procedure 995.120.
ARTICLE 8 ARCHITECT’S STATUS —
1. The Architect shall be the District’s representative during construction period and shall observe the progress and quality of the Work on behalf of the District. Architect shall have the authority to act on behalf of District only to the extent expressly provided in the Contract Documents. Architect shall have authority to stop work whenever such stoppage may be necessary in Architect’s reasonable opinion to insure the proper execution of Contract.
2. The Architect shall be, in the first instance, the judge of the performance of this Contract. Architect shall side neither with District nor with Contractor, but shall exercise authority under Contract to enforce its faithful performance by both. Nothing herein authorizes Architect to act as arbitrator for the parties.
3. The Architect shall have all authority and responsibility established by law, including Title 24 of the California Code of Regulations.
4. The Architect shall be the final authority in determining the amount of Work satisfactorily completed and the amount of money due during the progress of construction.
Pricing —
Unit prices quoted shall be net, including all necessary equipment, material, shipping/delivery costs, installation, labor, required insurance, applicable taxes, overhead and profit. Payment and Performance Bond premium shall be listed as a separate line item, as indicated on the unit pricing sheet.
Bidder is responsible to ensure the correct wages are paid in accordance with California Labor Codes.
ARTICLE 9 ASSIGNMENT OF ANTITRUST ACTIONS —
1. Pursuant to Government Code section 4551, 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 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 the purchase 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. If the District receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under Chapter 11 (commencing with Section 4550) of Division 5 of Title 1 of the Government Code, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the District any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the District as part of the bid price, less the expenses incurred in obtaining that portion of the recovery.
2. Upon demand in writing by the assignor, the District shall, within one (1) year from such demand, reassign the cause of action assigned pursuant to this Article if the assignor has been or may have been injured by the violation of law for which the cause of action arose and the District has not been injured thereby or the District declines to file a court action for the cause of action.
Interpretation of Plans and Documents/Pre-Bid Clarification —
If any prospective bidder is in doubt as to the true meaning of any part of the Contract Documents, or finds discrepancies in, or omissions, a request for an interpretation or correction thereof may be submitted to the District, through the Procurement Portal. The bidder submitting the request shall be responsible for its prompt delivery. Any interpretation or correction of the Contract Documents will only be made by Addendum duly issued. Addendum will be made available through the e-procurement portal. No person is authorized to make any oral interpretation of any provision in the Contract Documents, nor shall any oral interpretation be binding on the District. If discrepancies on plans, specifications or elsewhere in the Contract Documents are not covered by addenda, bidder shall include in their bid methods of construction and materials for the higher quality and complete assembly.
Each request shall contain Specifications and/or Drawing number, if applicable, and any other pertinent information. Pre-bid clarification request shall be filed by the RFI deadline. Requests received after the deadline shall not be considered or responded to. A response to timely pre-bid clarifications requests which materially affects the bidders price will be made by Addendum issued by the District not less than seventy-two (72) hours prior to bid opening through the Procurement Portal.
SUBMITTAL OF A BID WITHOUT A REQUEST FOR CLARIFICATIONS SHALL BE INCONTROVERTIBLE EVIDENCE THAT THE BIDDER HAS DETERMINED THAT THE BID DOCUMENTS ARE ACCEPTABLE AND SUFFICIENT FOR BIDDING AND COMPLETING THE WORK; THAT BIDDER IS CAPABLE OF READING, FOLLOWING AND COMPLETING THE WORK IN ACCORDANCE WITH THE BID DOCUMENTS; AND THAT BIDDER AGREES THAT THE WORK CAN AND WILL BE COMPLETED ACCORDING TO THE DISTRICT’S TIMELINES.
Bidders Interested in More Than One Bid —
No person, firm, or corporation shall be allowed to make, or file, or be interested in more than one prime bid for the same work unless alternate bids are specifically called for. A person, firm, or corporation that has submitted a proposal to a bidder, or that has quoted prices of materials to a bidder, is not thereby disqualified from submitting a proposal or quoting prices to other bidders or making a prime proposal.
ARTICLE 10 OTHER CONTRACTS —
1. District reserves the right to let other contracts in connection with the Project. 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 theirs.
2. Nothing herein contained shall be interpreted as granting to Contractor exclusive occupancy at the Project site. 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.
Unidentified Conditions Allowance —
A 10% Unidentified Conditions Allowance is to be added to the cost of the Project. Each bidder is to add this percentage to their base bid amount. This allowance will be used for any unforeseen necessary changes that are approved, in writing, by the District. Any portion of the allowance that is not used to be deducted from the Project/bid amount via deductive change order. Contractor shall submit the Allowance Authorization Form included herein to obtain written approval by the District.
This allowance requirement does not apply to Unit Price bids, and no allowance is to be included in the Unit Price schedule.
ARTICLE 11 OCCUPANCY —
District reserves the right to occupy portions of the Project at any time before Completion, and such occupancy shall constitute final acceptance of that portion only to the extent that the Contractor will not be subject to performing Work or repairs caused by the District’s use of the occupied areas. Such occupancy shall not extend the date specified for Substantial or Final Completion of the Project. The Contractor will be required to complete punch list items documented by District, Architect, Inspector and Contractor prior to final payment. Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Project by the District shall not constitute acceptance of the Work not complying with the requirements of the Contract Documents.
Errors and Omissions —
It shall be the responsibility of the bidder to acquaint him/herself with the contract documents before submitting a bid, and the bidder shall assume full liability for any errors or omissions in their bid.
ARTICLE 12 DISTRICT’S RIGHT TO DO WORK —
Should the Contractor, at any time during the process of construction, fail or refuse to furnish enough materials or workmen to properly execute the Work, unless prohibited from so doing through the action of District, Architect, or other authorized official agencies, District, after giving five (5) days written notice to Contractor may, without prejudice to any other rights he may have, proceed to furnish the materials and/or workmen necessary to proceed with or Complete the Work, and may deduct the cost thereof, together with reasonable expenses arising from such procedure, from any amounts then due or which may thereafter become due to Contractor.
Award of Contract —
The award of a contract(s), if made by the District, will be by action of the Governing Board. Award may be to more than one (1) contractor for a unit price bid.
ARTICLE 13 DISTRICT’S RIGHT TO TERMINATE CONTRACT —
1. Grounds for Termination. The Contractor may terminate the Contract if the Work is stopped for a period of thirty (30) consecutive days through no act or fault of the Contractor, a Subcontractor, a Sub-Subcontractor, their agents or employees, or any other persons performing portions of the Work for whom the Contractor is contractually responsible, for only the following reasons:
  1. Issuance of an order of a court or other public authority having jurisdiction; or
  2. An act of government, such as a declaration of national emergency.
2. Notice of Termination. If one of the above reasons exists, the Contractor may, upon written notice of seven (7) additional days to the District, terminate the Contract and recover from the District payment for Work executed and for reasonable costs verified by the Architect with respect to materials, equipment, tools, construction equipment, and machinery, including reasonable overhead, profit, and damages.
Bid Protest Procedure —
Any bid protest by any bidder regarding any other bid must be submitted in writing to: Sr. Director of Purchasing, Shamica R. Nance at shamica.nance@fusd.net, not more than five (5) calendar days after receipt of written notice of the District’s intent to award to another bidder and must meet the following requirements:
1. 1. 1. The protest must contain a complete statement of any and all basis for the protest.
    2. The protest must refer to the specific portions of all documents that form the basis for the protest.
    3. The protest must include the name, address, email and telephone number of the person representing the protesting party.
The procedure and time limits set forth in this section are mandatory and are each bidder's sole and exclusively remedy in the event of bid protest. Failure to comply with these procedures shall constitute a waiver of any right to further pursue the bid protest, including filing a Government Code claim, any administrative remedies or legal proceedings.
ARTICLE 14 TERMINATION BY THE DISTRICT FOR CAUSE —
1. Grounds for Termination. The District may terminate the Contractor and/or this Contract for the following reasons:
  1. Persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials;
  2. Persistently or repeatedly is absent, without excuse, from the job site;
  3. Fails to make payment to Subcontractors, suppliers, materialmen, etc.;
  4. Persistently disregards laws, ordinances, rules, regulations, or orders of a public authority having jurisdiction;
  5. Fails to provide a schedule or fails or refuses to update schedules required under the Contract;
  6. Becomes bankrupt or insolvent, including the filing of a general assignment for the benefit of creditors;
  7. If the Contractor has been debarred from performing work; or
  8. Otherwise is in substantial breach of a provision of the Contract Documents.
2. Notification of Termination. When any of the above reasons exist, the District may, without prejudice to any other rights or remedies of the District and after giving the Contractor and the Contractor’s surety, if any, written notice of seven (7) days, terminate the Contract and may, subject to any prior rights of the surety:
  1. Take possession of the Project and of all material, equipment, tools, and construction equipment and machinery thereon owned by the Contractor;
  2. Accept assignment of Subcontracts. Contractor acknowledges and agrees that if the District (in its sole and absolute discretion) decides to takeover Completion of the Project, the Contractor agrees to immediately assign all subcontracts to the District which the District has chosen to accept; and
  3. Complete the Work by any reasonable method the District may deem expedient, including contracting with a replacement contractor or contractors.
3. Payments Withheld. If the District terminates the Contract for one of the reasons stated in Article 14.A, the Contractor shall not be entitled to receive further payment until the Project is fully Complete. All costs associated with the termination and Completion of the Project shall be the responsibility of the Contractor and/or its surety.
4. Payments Upon Completion. If the unpaid balance of the Contract Price exceeds costs of Completing the Project, including compensation for professional services and expenses made necessary thereby, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the District. The amount to be paid to the Contractor, or District, as the case may be, shall be certified by the Architect upon application. This payment obligation shall survive completion of the Contract.
5. Remedies Other Than Termination. If a default occurs, the District may, without prejudice to any other right or remedy, including, without limitation, its right to terminate the Contract pursuant to Article 14, do any of the following:
  1. Permit the Contractor to continue under this Contract, but make good such deficiencies or Complete the Contract by whatever method the District may deem expedient, and the cost and expense thereof shall be deducted from the Contract Price or paid by the Contractor to the District on demand;
  2. If the workmanship performed by the Contractor is faulty or defective materials are provided, erected or installed, then the District may order the Contractor to remove the faulty workmanship or defective materials and to replace the same with Work or materials that conform to the Contract Documents, in which event the Contractor, at its sole costs and expense, shall proceed in accordance with the District’s order and complete the same within the time period given by the District in its notice to the Contractor; or
  3. Initiate procedures to declare the Contractor a non-responsible bidder for a period of two to five years thereafter.
All amounts expended by the District in connection with the exercise of its rights hereunder shall accrue interest from the date expended until paid to the District at the maximum legal rate. The District may retain or withhold any such amounts from the Contract Price. If the Contractor is ordered to replace any faulty workmanship or defective materials pursuant to Paragraph (b) above, the Contractor shall replace the same with new work or materials approved by the Architect and the District, and, at its own cost, shall repair or replace, in a manner and to the extent the Architect and the District shall direct, all work or material that is damaged, injured or destroyed by the removal of said faulty workmanship or defective material, or by the replacement of the same with acceptable work or materials. In no event shall anything in this Paragraph be deemed to constitute a waiver by the District of any other rights or remedies that it may have at law or in equity, it being acknowledged and agreed by the Contractor that the remedies set forth in this Paragraph are in addition to, and not in lieu of, any other rights or remedies that the District may have at law or in equity.
Alternates —
If alternate bids are called for, the Contract may be awarded at the election of the Governing Board to the lowest responsible and responsive bidder using the method and procedures outlined in the Notice Inviting Bids and as specified in the section entitled Alternate/Deductive Bid Alternates.
1. 1. 1. Subcontractor Listing for Alternates. If alternate bids are called for and the bidder intends to use different or additional Subcontractors, a separate list of Subcontractors must be submitted for each such alternate.
Public Works Payroll Reporting Forms —
The successful bidder and any listed subcontractor(s) shall be required to furnish electronic certified payroll records directly to the Labor Commissioner, Division of Labor Standards Enforcement, in accordance with Senate Bill 854 and within ten (10) days upon the District’s request.
Evidence of Responsibility —
Upon the request of the District, a bidder whose bid is under consideration for the award of the Contract shall submit promptly to the District satisfactory evidence showing the bidder’s financial resources, surety and insurance claims experience, construction experience, completion ability, workload, organization available for the performance of the Contract, and other factors pertinent to a Project of the scope and complexity involved.
ARTICLE 15 TERMINATION OF CONTRACT BY DISTRICT (CONTRACTOR NOT AT FAULT) —
1. Termination for Convenience. District may terminate the Contract upon fifteen (15) calendar days of written notice to the Contractor and use any reasonable method the District deems expedient to Complete the Project, including contracting with replacement contractor or contractors, if it is found that reasons beyond the control of either the District or Contractor make it impossible or against the District’s interest to Complete the Project. In such a case, the Contractor shall have no Claims against the District except for: (1) the actual cost for approved labor, materials, and services performed in accordance with the Contract Documents which have not otherwise been previously paid for and which are supported and documented through timesheets, invoices, receipts, or otherwise; and (2) profit and overhead of ten percent (10%) of the approved costs in item (1); and (3) termination cost of five percent (5%) of the approved costs in item (1). Contractor acknowledges and agrees that if the District (in its sole and absolute discretion) decides to take over Completion of the Project, the Contractor agrees to immediately assign all subcontracts to the District which the District has chosen to accept.
2. Non-Appropriation of Funds/ Insufficient Funds. 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 the 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 for which value is received, 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 not otherwise already paid for by the District up to the time of termination under this Paragraph shall include a factor of fifteen percent (15%) for the 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. 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.
ARTICLE 16 CONTRACT SECURITY - BONDS —
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 Contract and shall furnish a separate bond in an amount at least equal to one hundred percent (100%) of the Contract Price as security for payment of persons performing labor and furnishing materials in connection with this Contract. The required bonds shall be in the form set forth in the Contract Documents.
Listing Subcontractors —
Each bidder shall submit with his bid, on the form furnished with the Contract Documents, a list of the names, license numbers, scopes of work, locations of the places of business, contact information, and Department of Industrial Relations (“DIR”) registration numbers of each Subcontractor who will perform work or labor or render service to the bidder in or about the project, or a Subcontractor who under subcontract to the bidder, specially fabricates and installs a portion of the work, in an amount in excess of one-half of 1 percent of the bidder’s total bid as required by the Subletting and Subcontracting Fair Practices Act (Public Contract Code section 4100, et seq.) Pursuant to Labor Code section 1725.5, all Subcontractors (of any tier) performing work on this Project must be properly registered with DIR.
ARTICLE 17 SUBSTITUTION OF SECURITIES —
Pursuant to the requirements of Public Contract Code section 22300, upon Contractor’s request, District will make payment to Contractor of any funds withheld from payments under this Contract if Contractor deposits with the District or in escrow with a California or federally chartered bank acceptable to District, securities eligible for the investment of State Funds under Government Code section 16430 or bank or savings and loan certifi¬cates of deposit interest bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by the Contractor and the public agency.
Prevailing Wage and Related Labor Requirements Certification —
Bidders shall complete and submit the Prevailing Wage and Related Labor Requirements Certification with their bid. Bids submitted without the Prevailing Wage and Related Labor Requirements Certification shall be deemed non-responsive and will not be considered.
Workers’ Compensation —
In accordance with the provisions of Labor Code section 3700, the successful bidder as the Contractor shall secure payment of compensation to all employees. The Contractor shall sign and file with the District the following certificate prior to performing the work under this contract: “I am aware of the provisions of Section 3700 of the Labor Code, which requires 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 of the work of this contract.” The form of such certificate is included as a part of the Bid Documents.

ARTICLE 18 INSURANCE REQUIREMENTS (WITH BUILDERS RISK) —

Before the commencement of the Work, the Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in California with a financial rating of at least an A-VIII status as rated in the most recent edition of Best’s Insurance Reports or as amended by the Supplementary General Conditions, such insurance as will protect the District from claims set forth below, which may arise out of or result from the Contractor’s Work under the Contract and for which the Contractor may be legally liable, whether such Work are by the 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. All required insurance limits in this Article must be met by the primary policy, rather than a lower limit primary policy and an excess or umbrella policy. The District will also not accept any surplus line insurance carriers. Any required insurance shall not contain any exclusion that applies to the type of work performed by the Contractor under the Contract Documents:
1. Claims for damages because of bodily injury, sickness, disease, or death of any person District would require indemnification and coverage for employee claim;
2. 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 the Contractor or by another person;
3. Claims for damages because of injury or destruction of tangible property, including loss of use resulting therefrom, arising from operations under the Contract Documents;
4. 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;
5. Claims involving contractual liability applicable to the Contractor’s obligations under the Contract Documents, including liability assumed by and the indemnity and defense obligations of the Contractor and the Subcontractors;
6. Claims involving Completed Operations, Independent Contractors’ coverage, and Broad Form property damage, without any exclusions for collapse, explosion, demolition, underground coverage, and excavating (XCU); and
7. Claims involving sudden or accidental discharge of contaminants or pollutants.

Specific Insurance Requirements. Contractor shall take out and maintain and shall require all Subcontractors, if any, whether primary or secondary, to take out and maintain:

Comprehensive General Liability Insurance with a combined single limit per occurrence of not less than $2,000,000.00 or Commercial General Liability Insurance which provides limits of not less than:

(a)	Per occurrence (combined single limit)	$1,000,000.00
(b)	Project Specific Aggregate (for this project only)	$1,000,000.00
(c)	Products and Completed Operations (aggregate)	$1,000,000.00
(d)	Personal and Advertising Injury Limit	$1,000,000.00

Insurance Covering Special Hazards

The following special hazards shall be covered by riders or riders to above mentioned public liability insurance or property damage insurance policy or policies of insurance, in amounts as follows:

(a)	Automotive and truck where operated in amounts	$1,000,000.00
(b)	Material Hoist where used in amounts	$1,000,000.00
(c)	Explosion, Collapse and Underground (XCU) coverage	$1,000,000.00
(d)	Hazardous materials	$1,000,000.00

In addition, provide Excess Liability Insurance coverage in the amount of Two Million Dollars ($2,000,000.00).

Subcontractor Insurance Requirements. The Contractor shall require its Subcontractors to take out and maintain public liability insurance and property damage insurance required under Article 18.A in like amounts. A “claims made” or modified “occurrence” policy shall not satisfy the requirements of Article 18.A without prior written approval of the District.
Additional Insured Endorsement Requirements. The Contractor shall name, on any policy of insurance required under Article 18.A, the District, Construction Manager (if any), Architect, Inspector, the State of California, their officers, employees, agents, volunteers and independent contractors as additional insureds. Subcontractors shall name the Contractor, the District, Architect, Inspector, the State of California, their officers, employees, agents, volunteers and independent contractors as additional insureds. The Additional Insured Endorsement included on all such insurance policies shall be as set forth in the Insurance Documents and Endorsements Form, or their equivalent as determined by the District in its sole discretion, and must 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 insurance provided by the Contractor pursuant to Article 18.A must be designated in the policy as primary to any insurance obtained by the District. The amount of the insurer’s liability shall not be reduced by the existence of such other insurance.
Workers’ Compensation Insurance. During the term of this Contract, the Contractor shall provide workers’ compensation insurance for all of the Contractor’s employees engaged in Work under this Contract on or at the Site of the Project and, in case any of the Contractor’s Work is subcontracted, the Contractor shall require the Subcontractor to provide workers’ compensation insurance for all the Subcontractor’s employees engaged in Work under the subcontract. Any class of employee or employees not covered by a Subcontractor’s insurance shall be covered by the Contractor’s insurance. In case any class of employees engaged in Work under this Contract on or at the Site of the Project is not protected under the Workers’ Compensation laws, the Contractor shall provide or cause a Subcontractor to provide adequate insurance coverage for the protection of those employees not otherwise protected. The Contractor shall file with the District certificates of insurance as required under Article 18.J and in compliance with Labor Code section 3700. Workers’ compensation limits as required by the Labor Code, but not less than $1,000,000 and employers’ liability limits of $1,000,000 per accident for bodily injury or disease.
Builder’s Risk/ “All Risk” Insurance. The Contractor, during the progress of the Work and until final acceptance of the Work by District upon Completion of the entire Contract, shall maintain Builder’s Risk, Course of Construction or similar first party property coverage issued on a replacement cost value basis consistent with the total replacement cost of all insurable Work and the Project included within the Contract Documents. Coverage is to insure against all risks of accidental direct physical loss, and must include, by the basic grant of coverage or by endorsement, the perils of vandalism, malicious mischief (both without any limitation regarding vacancy or occupancy), fire, sprinkler leakage, civil authority, sonic boom, earthquake, flood, collapse, wind, lightning, smoke and riot. The coverage must include debris removal, demolition, increased costs due to enforcement of building ordinance and law in the repair and replacement of damage and undamaged portions of the property, and reasonable costs for the Architect’s and engineering services and expenses required as a result of any insured loss upon the Work and Project which is the subject of the Contract Documents, including completed Work and Work in progress, to the full insurable value thereof. Such insurance shall include the District and the Architect as additional named insureds, and any other person with an insurable interest as designated by the District. The risk of any damage to the Work due to the perils covered by the “Builder’s Risk/All Risk” Insurance, as well as any other hazard which results in damage to the Work that is not covered by such insurance, is that solely of the Contractor and the Surety, and no claim 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 Contract by the Contractor. It is the Contractor’s sole responsibility to confirm all Work that may be performed and in place is covered by the appropriate “Builder’s Risk/All Risk” Insurance policy.

The 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 Risk/All Risk” Insurance, as well as any other hazard which might result in damage to the Work, is that of the 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 Contract by the Contractor.
Fire Insurance. Before the commencement of the Work, the Contractor shall procure, maintain, and cause to be maintained at the Contractor’s expense, fire insurance on all Work subject to loss or damage by fire. The amount of fire insurance shall be sufficient to protect the Project against loss or damage in full until the Work is accepted by the District. This requirement may be waived upon confirmation by the District that such coverage is provided under the Builder’s Risk Insurance being provided.
Automobile Liability. The District, Architect and Construction Manager (if any), Inspectors, their directors, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible. Such insurance coverage shall be primary and non-contributory insurance as respects the District, Architect, Construction Manager (if any), Project Inspector, their directors, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the District, Architect, Construction Manager (if any), Project Inspector, their directors, officers, employees, agents and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it. The insurer shall agree to waive all rights of subrogation against the District, Architect, Construction Manager (if any), Project Inspector, their directors, officers, employees, agents and volunteers for losses paid under the terms of the insurance policy that arise from Work performed by the Contractor. Insurance Services Office Business Auto Coverage Form Number CA 0001, Code 1 (any auto) is required. Comprehensive Automobile Liability insurance is to include all autos, owned, non-owned, and hired, with limits of $1,000,000 per accident for bodily injury and property damage.
Other Insurance. The Contractor shall provide all other insurance required to be maintained under applicable laws, ordinances, rules, and regulations.
Proof of Insurance. The Contractor shall not commence Work nor shall it allow any Subcontractor to commence Work under this Contract until all required insurance and certificates have been obtained and delivered in duplicate to the District for approval subject to the following requirements:
1. Certificates and insurance policies shall include the following clause:
  
  “This policy and any coverage shall not be suspended, voided, non-renewed, canceled, or reduced in required limits of liability or amounts of insurance or coverage until notice has been mailed via certified mail to the District. Date of cancellation or reduction may not be less than thirty (30) days after the date of mailing notice.”
2. Certificates of insurance shall state in particular those insured, the extent of insurance, location and operation to which the insurance applies, the expiration date, and cancellation and reduction notices.
3. Certificates of insurance shall clearly state that the District and the Architect are named as additional insureds under the policy described and that such insurance policy shall be primary to any insurance or self-insurance maintained by District.
4. The Contractor and its Subcontractors shall produce a certified copy of any insurance policy required under this Section upon written request of the District.
Compliance. In the event of the failure of any contractor to furnish and maintain any insurance required by this Article, the Contractor shall be in default under the Contract. Compliance by Contractor with the requirement to carry insurance and furnish certificates or policies evidencing the same shall not relieve the Contractor from liability assumed under any provision of the Contract Documents, including, without limitation, the obligation to defend and indemnify the District and the Architect.
Waiver of Subrogation. Contractor waives (to the extent permitted by law) any right to recover against the District for damages to the Work, any part thereof, or any and all claims arising by reason of any of the foregoing, but only to the extent that such damages and/or claims are covered by property insurance and only to the extent of such coverage (which shall exclude deductible amounts) by insurance actually carried by the District.

The provisions of this Section are intended to restrict each party to recovery against insurance carriers only to the extent of such coverage and waive fully and for the benefit of each, any rights and/or claims which might give rise to a right of subrogation in any insurance carrier. The District and the Contractor shall each obtain in all policies of insurance carried by either of them, a waiver by the insurance companies thereunder of all rights of recovery by way of subrogation for any damages or claims covered by the insurance.

Contractor’s License —
To perform the work required by this notice, the Contractor must possess the Contractor’s License as specified in the Notice Inviting Bids, and the Contractor must maintain the license throughout the duration of the contract. If, at the time of bid, bidder is not licensed to perform the Project in accordance with Division 3, Chapter 9, of the Business and Professions Code for the State of California and the Notice to Contractors calling for bids, such bid will not be considered and the Contractor will forfeit its bid security to the District.
Fingerprinting —
In order to comply with Education Code Section 45125.1 and 45125.2, District will require Contractor to do one or more of the following with respect to work on the project. District may direct Contractor to install a physical barrier on the project site to limit contact with students. The cost of the materials and installation of any such barrier will be the responsibility of Contractor. The District may direct that for all work in student occupied areas, the Contractor’s workers must be accompanied by a District School Police Officer. The cost of the officer will be borne by Contractor. The District may also direct that Contractor provide continual supervision and monitoring of Contractor’s employees by an employee whom the Department of Justice has ascertained as not having been convicted of a violent or serious felony as identified in Education Code Section 45122.1.
Materials —
All materials supplied and/or used in this project shall meet all CAL/OSHA requirements. All materials supplied and/or used in this project must be asbestos free. Implement proper collection and disposal of saw cutting residue as per all applicable local, state and E.P.A. codes and standards.
Anti-Discrimination —
It is the policy of the District that in connection with all work performed under contracts, there 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 Contractor 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 by such Contractor.

ARTICLE 18 INSURANCE REQUIREMENTS (WITHOUT BUILDERS RISK) —

Before the commencement of the Work, the Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in California with a financial rating of at least an A-VIII status as rated in the most recent edition of Best’s Insurance Reports or as amended by the Supplementary General Conditions, such insurance as will protect the District from claims set forth below, which may arise out of or result from the Contractor’s Work under the Contract and for which the Contractor may be legally liable, whether such Work are by the 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. All required insurance limits in this Article must be met by the primary policy, rather than a lower limit primary policy and an excess or umbrella policy. The District will also not accept any surplus line insurance carriers. Any required insurance shall not contain any exclusion that applies to the type of work performed by the Contractor under the Contract Documents:
1. Claims for damages because of bodily injury, sickness, disease, or death of any person District would require indemnification and coverage for employee claim;
2. 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 the Contractor or by another person;
3. Claims for damages because of injury or destruction of tangible property, including loss of use resulting therefrom, arising from operations under the Contract Documents;
4. 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;
5. Claims involving contractual liability applicable to the Contractor’s obligations under the Contract Documents, including liability assumed by and the indemnity and defense obligations of the Contractor and the Subcontractors;
6. Claims involving Completed Operations, Independent Contractors’ coverage, and Broad Form property damage, without any exclusions for collapse, explosion, demolition, underground coverage, and excavating (XCU); and
7. Claims involving sudden or accidental discharge of contaminants or pollutants.

Specific Insurance Requirements. Contractor shall take out and maintain and shall require all Subcontractors, if any, whether primary or secondary, to take out and maintain:

Comprehensive General Liability Insurance with a combined single limit per occurrence of not less than $2,000,000.00 or Commercial General Liability Insurance which provides limits of not less than:

(a)	Per occurrence (combined single limit)	$1,000,000.00
(b)	Project Specific Aggregate (for this project only)	$1,000,000.00
(c)	Products and Completed Operations (aggregate)	$1,000,000.00
(d)	Personal and Advertising Injury Limit	$1,000,000.00

(a)	Automotive and truck where operated in amounts	$1,000,000.00
(b)	Material Hoist where used in amounts	$1,000,000.00
(c)	Explosion, Collapse and Underground (XCU) coverage	$1,000,000.00
(d)	Hazardous materials	$1,000,000.00

In addition, provide Excess Liability Insurance coverage in the amount of Two Million Dollars ($2,000,000.00).

Subcontractor Insurance Requirements. The Contractor shall require its Subcontractors to take out and maintain public liability insurance and property damage insurance required under Article 18.A in like amounts. A “claims made” or modified “occurrence” policy shall not satisfy the requirements of Article 18.A without prior written approval of the District.
Additional Insured Endorsement Requirements. The Contractor shall name, on any policy of insurance required under Article 18.A, the District, Construction Manager (if any), Architect, Inspector, the State of California, their officers, employees, agents, volunteers and independent contractors as additional insureds. Subcontractors shall name the Contractor, the District, Architect, Inspector, the State of California, their officers, employees, agents, volunteers and independent contractors as additional insureds. The Additional Insured Endorsement included on all such insurance policies shall be as set forth in the Insurance Documents and Endorsements Form, or their equivalent as determined by the District in its sole discretion, and must 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 insurance provided by the Contractor pursuant to Article 18.A must be designated in the policy as primary to any insurance obtained by the District. The amount of the insurer’s liability shall not be reduced by the existence of such other insurance.
Workers’ Compensation Insurance. During the term of this Contract, the Contractor shall provide workers’ compensation insurance for all of the Contractor’s employees engaged in Work under this Contract on or at the Site of the Project and, in case any of the Contractor’s Work is subcontracted, the Contractor shall require the Subcontractor to provide workers’ compensation insurance for all the Subcontractor’s employees engaged in Work under the subcontract. Any class of employee or employees not covered by a Subcontractor’s insurance shall be covered by the Contractor’s insurance. In case any class of employees engaged in Work under this Contract on or at the Site of the Project is not protected under the Workers’ Compensation laws, the Contractor shall provide or cause a Subcontractor to provide adequate insurance coverage for the protection of those employees not otherwise protected. The Contractor shall file with the District certificates of insurance as required under Article 18.J and in compliance with Labor Code section 3700. Workers’ compensation limits as required by the Labor Code, but not less than $1,000,000 and employers’ liability limits of $1,000,000 per accident for bodily injury or disease.
Fire Insurance. Before the commencement of the Work, the Contractor shall procure, maintain, and cause to be maintained at the Contractor’s expense, fire insurance on all Work subject to loss or damage by fire. The amount of fire insurance shall be sufficient to protect the Project against loss or damage in full until the Work is accepted by the District. This requirement may be waived upon confirmation by the District that such coverage is provided under the Builder’s Risk Insurance being provided.
Automobile Liability. The District, Architect and Construction Manager (if any), Inspectors, their directors, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible. Such insurance coverage shall be primary and non-contributory insurance as respects the District, Architect, Construction Manager (if any), Project Inspector, their directors, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the District, Architect, Construction Manager (if any), Project Inspector, their directors, officers, employees, agents and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it. The insurer shall agree to waive all rights of subrogation against the District, Architect, Construction Manager (if any), Project Inspector, their directors, officers, employees, agents and volunteers for losses paid under the terms of the insurance policy that arise from Work performed by the Contractor. Insurance Services Office Business Auto Coverage Form Number CA 0001, Code 1 (any auto) is required. Comprehensive Automobile Liability insurance is to include all autos, owned, non-owned, and hired, with limits of $1,000,000 per accident for bodily injury and property damage.
Other Insurance. The Contractor shall provide all other insurance required to be maintained under applicable laws, ordinances, rules, and regulations.
Proof of Insurance. The Contractor shall not commence Work nor shall it allow any Subcontractor to commence Work under this Contract until all required insurance and certificates have been obtained and delivered in duplicate to the District for approval subject to the following requirements:
1. Certificates and insurance policies shall include the following clause:
  
  “This policy and any coverage shall not be suspended, voided, non-renewed, canceled, or reduced in required limits of liability or amounts of insurance or coverage until notice has been mailed via certified mail to the District. Date of cancellation or reduction may not be less than thirty (30) days after the date of mailing notice.”
2. Certificates of insurance shall state in particular those insured, the extent of insurance, location and operation to which the insurance applies, the expiration date, and cancellation and reduction notices.
3. Certificates of insurance shall clearly state that the District and the Architect are named as additional insureds under the policy described and that such insurance policy shall be primary to any insurance or self-insurance maintained by District.
4. The Contractor and its Subcontractors shall produce a certified copy of any insurance policy required under this Section upon written request of the District.
Compliance. In the event of the failure of any contractor to furnish and maintain any insurance required by this Article, the Contractor shall be in default under the Contract. Compliance by Contractor with the requirement to carry insurance and furnish certificates or policies evidencing the same shall not relieve the Contractor from liability assumed under any provision of the Contract Documents, including, without limitation, the obligation to defend and indemnify the District and the Architect.
Waiver of Subrogation. Contractor waives (to the extent permitted by law) any right to recover against the District for damages to the Work, any part thereof, or any and all claims arising by reason of any of the foregoing, but only to the extent that such damages and/or claims are covered by property insurance and only to the extent of such coverage (which shall exclude deductible amounts) by insurance actually carried by the District.

The provisions of this Section are intended to restrict each party to recovery against insurance carriers only to the extent of such coverage and waive fully and for the benefit of each, any rights and/or claims which might give rise to a right of subrogation in any insurance carrier. The District and the Contractor shall each obtain in all policies of insurance carried by either of them, a waiver by the insurance companies thereunder of all rights of recovery by way of subrogation for any damages or claims covered by the insurance.

Preference for Materials and Substitutions —
1. 1. 1. One Product Specified. Unless the Plans and Specifications state that no Substitution is permitted, whenever the Contract Documents indicate any specific article, device, equipment, product, material, fixture, patented process, form, method, construction, or any specific name, make, trade name, or catalog number, with or without the words, “or equal,” such specification shall be read as if the language “or equal” is incorporated.
    2. Request for Substitution. Bidder may, unless otherwise stated, offer any material, process, article, etc., which is materially equal or better in every respect to that so indicated or specified (“Specified Item”) and will completely accomplish the purpose of the Contract Document. If bidder desires to offer a Substitution for a Specified Item, such bidder must make a request in writing on the District’s Substitution Request Form (“Request Form”) located within the Question and Answer section of the e-procurement portal. The completed Request Form must be submitted through the e-procurement portal at least seven (7) business days prior to the bid opening date. The Request Form must be accompanied by evidence as to whether the proposed substitution:
      1. Is equal in quality, service, and ability to the Specified Item as demonstrated by a side by side comparison of key characteristics and performance criteria (CSI comparison chart);
      2. Will entail no changes in detail, construction and scheduling of related work;
      3. Will be acceptable in consideration of the required design and artistic effect;
      4. Will provide no cost disadvantage to the District;
      5. Will require no excessive or more expensive maintenance, including adequacy and availability of replacement parts; and
      6. Will require no change in the Contract Time.
Any bidder requesting a substitution shall provide any and all Drawings, Specifications, samples, performance data, calculations, and other information as may be required to assist the Architect and the District in determining whether the proposed substitution is acceptable. The burden of establishing these facts shall be upon the bidder.
After the District’s timely receipt of such evidence by bidder, the District will make its final decision as to whether the bidder’s request for substitution for any Specified Items will be granted. The District shall have sole discretion in deciding as to whether a proposed request for substitution is equal to or better than a Specified Item. Any request for substitution which is granted by the District shall be issued via an addendum issued to all bidders. The District may condition its approval of any substitution upon delivery to the District of an extended warranty or other assurances of adequate performance of the substitution. Any and all risks of delay due to DSA, or any other governmental agency having jurisdiction shall be on the bidder.
Product Quality Control —
All materials furnished must be in conformity with the specifications and will be subject to inspection and acceptance or rejection by District personnel. The right is reserved to reject and return, at the risk and expense of the successful bidders, such portion of any shipment which may be defective or fails to comply with specifications. The District reserves the right to discontinue service of all or any portion of any contract resulting from this bid for any reason determined by the District to be detrimental to the health and welfare of the students and school personnel, or failure to meet contract specifications and to hold the contractor in default.
ARTICLE 19 PERFORMANCE AND PAYMENT BONDS —
1. Bond Requirements. Prior to commencing any portion of the Work, the Contractor shall furnish separate payment and performance bonds for its portion of the Work which shall cover 100% faithful performance of and payment of all obligations arising under the Contract Documents and/or guaranteeing the payment in full of all claims for labor performed and materials supplied for the Work. All bonds shall be provided by a corporate surety authorized and admitted to transact business in California as sureties.
  
  To the extent, if any, that the Contract Price is increased in accordance with the Contract Documents, the Contractor shall, upon request of the District, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the District. To the extent available, the bonds shall further provide that no change or alteration of the Contract Documents (including, without limitation, an increase in the Contract Price, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor will release the surety. If the Contractor fails to furnish the required bonds, the District may terminate the Contract for cause.
2. Surety Qualifications. 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.
3. Alternate Surety Qualifications. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with section 995.660 of the California Code of Civil Procedure and proof of such is provided to the District.
Compliance With Applicable Laws —
All property or services furnished must comply with all Federal, State and Local laws, rules, regulations, and ordinances.
Disqualification of Bidders and Proposals —
More than one proposal for the same work from any individual, firm, partnership, corporation, or association under the same or different names will not be accepted; and reasonable grounds for believing that any bidder is interested in more than one proposal for the work will be cause for rejecting all proposals in which such bidder is interested and the bidder will forfeit their bid security to the District.
ARTICLE 20 DRAWINGS AND SPECIFICATIONS —
1. Contract Documents are complementary, and what is called for by one shall be as binding as if called for by all.
2. 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.
3. It is not the intention of the Contract to go into detailed descriptions of any materials and/or methods commonly known to the trade under the “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 appurtenances according to the best practices of the trade.
4. The naming of any material and/or equipment shall mean furnishing and installing of same, including all incidentals and accessory items thereto and/or labor therefor, as per best practices of the trade(s) involved, unless specifically noted otherwise.
5. 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 details shall take precedence over smaller scale drawings as to shape and details of construction. Specifications shall govern as to materials, workmanship, and installations procedures. Drawings and specifications are intended to be fully cooperative and to agree. However, if Contractor observes that drawings and specifications are in conflict, Contractor shall promptly notify the District in writing, and any necessary changes shall be adjusted as provided in Article 46 entitled “Changes and Extra Work.” The specification calling for the higher quality material or workmanship shall prevail.
6. Specifications and accompanying drawings are intended to delineate and describe the Project and its component parts to such a degree as to enable skilled and competent contractors to intelligently bid the Project, and to carry said Work to a successful conclusion.
7. 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 Contract Documents, said laws, ordinances, rules, and regulations shall be considered as a part of said Contract within the limits specified. The Contractor shall bear all expenses of correcting Work done contrary to said laws, ordinances, rules, and regulations if the Contractor knew or should have known that the Work as performed is contrary to said laws, ordinances, rules, and regulations and if the Contractor performed same (1) without first consulting the Architect for further instructions regarding said Work or (2) disregarded the Architect’s instructions regarding said Work.
8. Questions regarding interpretation of drawings and specifications shall be clarified by the Architect. Should the 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.
9. Contractor will be furnished, free of charge, bid sets of permitted documents and specifications. Contractor is to provide reproducible drawings and all additional copies which he requires for his operations at his own expense. He shall maintain an accurate record of all copies made and shall return or otherwise account for all copies at the end of the Project.
ARTICLE 21 OWNERSHIP OF DRAWINGS —
Pursuant to Education Code section 17316, all plans, drawings, designs, specifications, and other incidental architectural and engineering work or materials and other Contract Documents and copies thereof furnished by District are its property. They are not to be used in other work and, with the exception of signed sets of the Contract, are to be returned to the District on request at Substantial Completion of the Project.
Unbalanced or Altered Bids —
Proposals in which the prices are obviously unbalanced, and those which are incomplete or show any alteration of form or contain any additions or conditional or alternate bids that are not called for or otherwise permitted, may be rejected. A proposal on which the signature of the bidder has been omitted may be rejected. If, in the District’s sole discretion, it determines any pricing, costs or other information submitted by a bidder may result in an unbalanced bid, the District may deem such bid non-responsive. A bid may be determined by the District to be unbalanced if the bid is based on prices significantly less than cost for some work and prices which are significantly overstated in relation to cost for other work, and if there is a reasonable doubt that the bid will result in the lowest overall cost to the District even though it may be the low evaluated bid, or if it is so unbalanced as to be tantamount to allowing an advanced payment.
Contractor's Requirement To Wear District Provided Safety Vests —
The successful bidder shall agree to the requirement that all staff wear a District-provided safety vest at all times while on the project and will be required to execute a District provided form upon execution of the contract.
Drug-Free Workplace Certification —
Pursuant to Government Code section 8350 et seq., the successful bidder will be required to execute a Drug-Free Workplace Certification upon execution of the contract. The bidder will be required to take positive measures outlined in the certification in order to ensure the presence of a drug-free workplace. Failure to abide with the conditions set forth in the Drug-free Workplace Act could result in penalties including the termination of the contract or suspension of payment thereunder.
Employment of Apprentices —
The Contractor and all Subcontractors shall comply with the provisions of California Labor Code including, but not limited to sections 1777.5, 1777.6, and 1777.7 concerning the employment of apprentices. The Contractor and all Subcontractors shall comply with the requirements of said sections, including applicable portions of all subsequent amendments in the employment of apprentices; however, the Contractor shall have full responsibility for compliance with said Labor Code sections, for all apprenticeable occupations, regardless of any other contractual or employment relationships alleged to exist.
ARTICLE 22 DETAIL DRAWINGS AND INSTRUCTIONS —
1. In case of ambiguity, conflict, or lack of information, Architect shall furnish, with reasonable promptness, additional instructions by means of drawings or otherwise, necessary for proper execution of Work. All such drawings and instructions shall be consistent with the Contract Documents, true developments thereof, and reasonably inferable therefrom.
2. Work shall be executed in conformity therewith and Contractor shall do no Work without proper drawings and instructions.
3. The Architect will furnish necessary details to more fully explain the Work, which details shall be considered as part of the Contract Documents.
4. Should any details require Work and costs beyond those which reasonably should have been included in the contract, Contractor shall give written notice thereof to the District within ten (10) working days of the receipt of same. In case no notice is given to the District within ten (10) working days, it will be assumed the details are reasonable development of the scale drawings. In case notice is given, then the Dispute or Claim will be considered and, if found justified, the District or Architect will either modify the drawings or shall recommend to District a Change Order/ Construction Change Document for the extra Work involved.
5. All parts of the described and shown construction shall be of the quality of their respective kinds shown in the Plans or as specified, and the Contractor is hereby advised to use all diligence to become fully informed as to the required construction and finish, and in no case to proceed with the different parts of the Work without first obtaining from the Architect some directions and/or drawings as may be necessary for the proper performance of the Work.
6. If it is found at any time, before or after Completion of the Project, that the 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 shall issue an order to Contractor: (1) that all such improper Work should be removed, remade, and replaced, and all Work disturbed by these changes be made good at the 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 shall in its sole discretion determine such difference in value. The District, at its option, may pursue either course.
Alcoholic Beverage and Tobacco-Free Certification —
The successful bidder shall agree to enforce an alcoholic beverage and tobacco-free work site and will be required to execute an Alcoholic Beverage and Tobacco-free Certification upon execution of the contract.
Non-Collusion Declaration —
Public Contract Code section 7106 requires bidders to submit declaration of non-collusion with their bids. This form is included in the vendor questionnaire and must be signed and dated by the bidder under penalty of perjury.
ARTICLE 23 TESTS AND INSPECTIONS —
1. Tests and inspections will comply with California Code of Regulations Title 21, Chapter 4 and Section 42, and Title 24, Chapter 4, Part I. All Work shall be under the observation of the Inspector. Contractor shall establish a protocol for requesting inspection with Inspector so as to not delay the Work and provide adequate time for the Inspector to perform inspection. If such a protocol is not established ahead of time, Inspector may utilize the time criteria set by Title 24 of 48 hours in advance of submitting form DSA 156 for each new area. The Inspector shall have free access to any or all parts of the Work at any time. The Contractor shall furnish the Inspector such information as may be necessary to keep the Inspector fully informed regarding progress and manner of Work and character of materials. Such observations shall not, in any way, relieve the Contractor from responsibility for full compliance with all terms and conditions of the Contract, or be construed to lessen to any degree the Contractor’s responsibility for providing efficient and capable superintendence. The Inspector is not authorized to make changes in the Drawings or Specifications nor shall the Inspector’s approval of the Work and methods relieve the Contractor of responsibility for the correction of subsequently discovered defects, or from its obligation to comply with the Contract Documents.
2. Inspector shall electronically post DSA required documents on the DSA electronic posting website. It is the Contractor’s responsibility to determine the status of posting and determine if all the criteria for sign off of a category of work on the Project Inspection Card (Form DSA 152) as defined more thoroughly in the most current version of the DSA 152 manual posted on the DSA website. Inspector may collaborate with Contractor about approval of areas that may be constructed and approved incrementally under the DSA 152 card pursuant to the guidelines of PR-13. Inspector shall work with Contractor to present incremental approval proposals to DSA.
3. The Inspector shall have the authority to reject Work whenever provisions of the Contract Documents are not being complied with, and Contractor shall instruct its Subcontractors and employees accordingly. In addition, the Inspector may stop any Work that 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 Contract Documents.
4. The District will provide inspection and testing at its cost during the normal eight (8) hour day Monday through Friday (except holidays). Work by the Contractor outside of the normal eight (8) hour day shall constitute an authorization from the Contractor to the District to provide inspection and testing as required outside of the normal eight (8) hour day. Contractor shall provide adequate time for inspections so as to not delay the Project or Work. If the Contractor is behind schedule, it is incumbent on the Contractor to provide advance forecast through look ahead of the anticipated date for inspection so the Inspector may plan their activities so as to not delay the Project or Work. Contractor shall reimburse District for any additional costs associated with inspection and testing (including re-inspection and re-testing) outside the normal eight-hour day and for any retests caused by the Contractor.
5. It is the Contractor’s responsibility to request special inspections with sufficient time so all testing may be timely completed and posted so Work may proceed and the Inspector’s signature is attached to the Project Inspection Card (Form 152). Specifically, timely request for special inspection under the DSA Verified Report Forms 291 (laboratory), DSA Verified Report Form 292 (Special Inspection), and DSA Verified Report 293 (geotechnical) since DSA requirements under PR 13-01 specifically gives the Special Inspections 14 days to post to the DSA website.
6. If Contractor has a Subcontractor or supplier that requires in plant or special inspections, inspections or tests that are out of the country, out of the state or a distance of more than 100 miles from the Project Site, the District shall provide the Special Inspector or individual performing tests time for inspection and testing during normal work hours. Contractor, however, is responsible for the cost of travel, housing, food, out of area premiums that may be in the Inspector/Testing Agreement with District, or other expenses necessary to ensure proper inspection, special inspection or testing is provided by a DSA Certified Inspector, Special Inspector, or individual performing tests. In some cases all three (DSA Inspector, Special Inspector, and Tester) may be required. In addition, if the DSA Certified Inspector, Special Inspector, or individual performing test has contractual travel clauses or special rates for out of town inspection, Contractor is responsible for all costs associated with the contractual travel costs in addition to all other costs. Arrangements for inspection and/or testing shall be made far enough in advance so as to not delay the Project or Work.
7. DSA may issue a Stop Work Order, or an Order to Comply, when either (1) the Work proceeds without DSA approval; (2) the Work proceeds without a DSA Inspector of Record, or (3) where DSA determines that the Work is not being performed in accordance with applicable rules and regulations, and would compromise the structural integrity of the Project or would endanger lives. If a Stop Work Order is issued, the Work in the affected area shall cease until DSA withdraws the Stop Work Order. Pursuant to Education Code section 17307.5, the District shall not be held liable in any action filed against the District for any delays caused by compliance with the Stop Work Order, except to the extent that an error or omission by the District is the basis for the issuance of the Stop Work Order. Examples of Stop Work Orders that may be issued by DSA include DSA Bulletin 07-04 and Policy 10-01, the installation of automatic fire sprinkler systems without approved Plans, covering Work that has not been approved by Inspector on DSA Project Inspection Card (Form 152).
8. Contractor deviation or changes from approved Plans and Specifications may result in the issuance of a Notice of Non-Compliance (See DSA Form 154). Contractor is specifically notified that deviations from the Plans and Specifications, whether major or minor, may result in the requirement to obtain a DSA Construction Change Document (“CCD”) to correct the Notice of Non-Compliance. In some cases, the lack of a DSA approved CCD AND verification from the Inspector that a Notice of Non-Compliance has been corrected may result in a critical path delay to the next stage of Work on the Project. Specifically, a deviation from approved Plans and Specifications may prevent approval of the category of work listed in the DSA 152 Project Inspection Card. Any delays that are caused by the Contractor’s deviation from approved Plans and Specifications shall be the Contractor’s responsibility.
9. Where such inspection and testing are to be conducted by an independent laboratory or agency, such materials or samples of materials to be tested shall be selected by such laboratory or agency, or District’s representative, and not by Contractor.
10. Contractor shall notify District, a sufficient time in advance, of manufacture of materials to be supplied by him under contract, which must by terms of contract be tested, in order that District may arrange for testing of same at source of supply. Any materials shipped by Contractor from source of supply prior to having satisfactorily passed such testing and inspection, or prior to receipt of notice from said representative that such testing and inspection will not be required, shall not be incorporated in Work without prior approval of District and subsequent testing and inspection.
11. Work shall not be covered without the Inspector’s review and the Architect’s knowledge that the Work conforms to the requirements of the approved Plans and Specifications. Inspector must be timely notified of inspections and of new areas so Work can be inspected at least 48 hours before opening a new area (For example, see DSA Form 156 for Commencement/Completion of Work Notification which requires “at least 48 hour” advance notification of a new area). An Inspector must comply with DSA protocols for signing each category or phase of work under DSA Form 152 (in compliance with the Form 152 Manual) or a Notice of Deviation (DSA Form 154) will be issued requiring the Work that was not inspected be uncovered for inspection. Thus, if a portion of the Work is covered without inspection or Architect approval, is subject to a Notice of Non-Compliance for being undertaken without inspection, or otherwise not in compliance with the Contract Documents, after issuance of a Written Notice of Non-Compliance (Form 154) or a written notice to uncover Work, Contractor shall promptly uncover all Work (which includes furnishing all necessary facilities, labor, and material) for the Inspector’s or the Architect’s observation and be replaced at the Contractor’s expense without change in the Contract Price or Time.
12. If a portion of the Work has been covered is believed to be Non-Conforming to the Plans and Specifications, even if the Form 152 for the category of work has been signed by the Inspector, the Inspector or the Architect may request to see such Work, and it shall be promptly uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncover and replacement shall, by appropriate Change Order/ CCD and shall, be charged to the District. If such Work is not in accordance with Contract Documents, the Contractor shall be responsible for all costs to uncover the Work, delays incurred to uncover the Work, and Contractor shall pay all costs to correct the incorrectly construction condition unless the condition was caused by the District or a separate contractor, in which event the District shall be responsible for payment of such costs to the Contractor.
13. The District will pay costs for all tests and inspections and shall be reimbursed by the Contractor for such costs under the following conditions:
  1. When such costs are stipulated in the provisions of the Contract documents to be borne by the Contractor;
  2. When a material is tested or inspected and fails to meet the requirements of the specifications and/or drawings;
  3. When the source of the material is changed after the original test or inspection has been made and approved.
14. If, in the opinion of the District, subsequent delivery of a tested material seems inferior to, or differs from, the original, said material shall be retested upon written order from the District and, should the material fail to meet the requirements of the specifications and/or drawings, the Contractor shall pay all costs of such tests, but where the material does pass the requirements, the District will pay the cost.
15. All tests and inspections specified for each material shall be made in accordance with the detailed specifications for tests or inspections of the material as specified.
16. If a material is not required to be tested, the District may require the Contractor to furnish a certificate bearing the official and legal signature of the supplier, with each delivery of such material, stating that the material complies with the specifications.
Termination Clause —
At any time and without cause, District shall have the right to terminate the contract by giving thirty (30) calendar days written notice to Successful Vendor. In the event of such termination, Bidder shall only be entitled to payment for those goods and services that have been delivered and accepted by District or services satisfactorily rendered through the date of termination.
Wage Rates, Travel and Subsistence —
1. 1. 1. The Contractor and all Subcontractors shall comply with the requirements set forth in Division 2, Part 7, Chapter 1 of the Labor Code. Pursuant to Labor Code section 1770 et seq., the District has obtained from the Director of the Department of Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which this work is to be performed for each craft, classification or type of worker needed to execute the contract. Copies are available from the District to any interested party on request and are also available from the Director of the Department of Industrial Relations. The Contractor shall obtain copies of the above-referenced prevailing wage sheets and post a copy of such wage rates at appropriate, conspicuous, weatherproof points at the Site.
    2. Any worker employed to perform work on the Project and such work is not covered by any classification listed in the published general prevailing wage rate determinations or per diem wages determined by the Director of the Department of Industrial Relations, shall be paid not less than the minimum rate of wages specified therein for the classification which most nearly corresponds to the employment of such person in such classification.
    3. Holiday and overtime work, when permitted by law, shall be paid for at the rate set forth in the prevailing wage rate determinations issued by the Director of the Department of Industrial Relations or at least one and one-half (1½) times the specified basic rate of per diem wages, plus employer payments, unless otherwise specified in the Contract Documents or authorized by law.
    4. These per diem rates, including holiday and overtime work, and employer payments for health and welfare, pension, vacation, and similar purposes, are on file at the administrative office of the District, located as noted above and are also available from the Director of the Department of Industrial Relations. It is the Contractor’s responsibility to ensure the appropriate prevailing rates of per diem wages are paid for each classification. It shall be mandatory upon the Contractor to whom the Contract is awarded, and upon any Subcontractor under such Contractor, to pay not less than the said specified rates to all workers employed by them in the execution of the Contract.
ARTICLE 24 STATE AUDIT —
Pursuant to and in accordance with the provisions of Government section 10532, or any amendments thereto, all books, records, and files of District, Contractor, or any Subcontractor connected with the performance of this Contract involving the expenditure of state funds in excess of ten thousand dollars ($10,000.00), including, but not limited to, the administration thereof, shall be subject to the examination and audit of the Office of the Auditor General of the State of California for a period of three (3) years after final payment is made under this Contract. Contractor shall preserve and cause to be preserved such books, records and files for the audit period.
Force Majeure —
The parties to the executed contract will be excused from performance during the time and to the extent that they are prevented from obtaining, delivering or performing by “Act of God”, fire, strike, loss or shortage of transportation, facilities, lockout, or commandeering of materials, products, plants, or facilities by the government, when satisfactory evidence thereof is presented to the other party provided that it is satisfactorily established that the non-performance is not due to the fault or negligence of the party not performing.
ARTICLE 25 PREFERENCE FOR MATERIALS AND SUBSTITUTIONS —
1. One Product Specified. Unless the plans and specifications state that no substitution is permitted, whenever the Contract Documents indicate any specific article, device, equipment, product, material, fixture, patented process, form, method, construction or any specific 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 the description of the material, process, or article desired shall be deemed to be followed by the words “or equal.”
2. Request for Substitution. Bidder may, unless otherwise stated, offer any material, process, article, etc., which shall be materially equal or better in every respect to that so indicated or specified (“Specified Item”) and will completely accomplish the purpose of the Contract Document. If bidder desires to offer a substitution for a Specified Item, such bidder must make a request in writing on District’s Substitution Request form (“Request Form”) and submit the completed Request Form at least 7 business days prior to the bid opening date. The Request Form must be accompanied by evidence as to whether the proposed substitution:
  1. Is equal in quality service ability to the Specified Item;
  2. Will entail no changes in detail, construction and scheduling of related Work;
  3. Will be acceptable in consideration of the required design and artistic effect;
  4. Will provide no cost disadvantage to District;
  5. Will require no excessive or more expensive maintenance, including adequacy and availability of replacement parts; and
  6. Will require no change of the construction schedule.
After the District’s timely receipt of such evidence by bidder, the District will make its final decision as to whether the bidder’s request for substitution for any Specified Items will be granted. The District shall have sole discretion in deciding as to whether a proposed request for substitution is equal to or better than a Specified Item. Any request for substitution which is granted by the District shall be issued via an addendum issued to all bidders. The District may condition its approval of any substitution upon delivery to the District of an extended warranty or other assurances of adequate performance of the substitution. Any and all risks of delay due to DSA, or any other governmental agency having jurisdiction shall be on the bidder.
If the Architect and District accept a proposed substitution, the Contractor agrees to pay for all DSA review costs, engineering and design services, including, without limitation, compensation to the Architect and affected engineers for their required time to process such substitution through the Division of the State Architect, if required, and to make all changes and adjustments in materials or the Work of all trades directly or indirectly affected by the substituted item or items at no cost to the District.
DIR Registration of Contractor and Subcontractors —
Contractor or all Subcontractors shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in the Labor Code, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the Contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.
This Project is a public works project as defined in Labor Code section 1720. Each Contractor bidding on this Project and all Subcontractors (of any tier) performing any portion of the Work must comply with the Labor Code sections 1725.5 and 1771.1 and must be properly and currently registered with DIR and qualified to perform public works pursuant to Labor Code section 1725.5 throughout the duration of the Project. For more information and up to date requirements, Contractors are recommended to periodically review the DIR’s website at www.dir.ca.gov. Contractor shall be solely responsible for ensuring compliance with Labor Code section 1725.5 as well as any requirements implemented by DIR applicable to its services or its Subcontractors throughout the term of the Agreement and in no event shall Contractor be granted increased payment from the District or any time extensions to complete the Project as a result of Contractor’s efforts to maintain compliance with the Labor Code or any requirements implemented by DIR. Failure to comply with these requirements shall be deemed a material breach of this Agreement and grounds for termination for cause. The Contractor and all Subcontractors shall furnish certified payroll records as required pursuant Labor Code section 1776 directly to the Labor Commissioner in accordance with Labor Code section 1771.4 on at least on a monthly basis (or more frequently if required by the District or the Labor Commissioner) and in a format prescribed by the Labor Commissioner. The District reserves the right to withhold contract payments if the District is notified, or determines as the result of its own investigation, that Contractor is in violation of any of the requirements set forth in Labor Code section 1720 et seq. at no penalty or cost to the District. Monitoring and enforcement of the prevailing wage laws and related requirements will be performed by the Labor Commissioner/ Department of Labor Standards Enforcement (DLSE).
Conflict of Interest —
The awarded Service Provider shall affirm that, to the best of its knowledge, there exists no actual or potential conflict between family, business, or financial interest of the Service Provider and services under this agreement. The Service Provider agrees to advise the District of any actual or potential conflicts of interest that may develop subsequent to the date of execution of this agreement.
No Telephone or Facsimile Availability —
No telephone or facsimile machine will be available to bidders on the District premises at any time.
ARTICLE 26 SAMPLES —
1. Contractor shall furnish for approval, within thirty-five (35) days following award of Contract, all samples as required in specifications together with catalogs and supporting data required by District. This provision shall not authorize any extension of time for performance of this Contract. District shall review such samples, as to conformance with design concept of work and for compliance with information given in the Contract Documents and approve or disapprove same within ten (10) working days from receipt of same.
2. 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.
3. Samples of materials and/or articles shall, upon demand of District, be submitted for tests or examinations and consideration before incorporation of same in Work is started. Contractor shall be solely responsible for delays due to samples not being submitted in time to allow for tests. Acceptance or rejection will be expressed in writing. Work shall be equal to approved samples in every respect. Samples which are of value after testing will remain the property of Contractor.
ARTICLE 27 PROGRESS SCHEDULE —
1. Time limits stated in the Contract Documents are of the essence to the Contract. By executing the Agreement, the Contractor confirms that the Contract Time is a reasonable period for performing the Work.
2. Baseline Schedule Requirements.
  1. Timing. Within ten (10) calendar days after Notice to Proceed, Contractor shall submit a practical schedule showing the order in which the Contractor proposes to perform the Work, and the dates on which the Contractor contemplates starting and completing the salient categories of the Work. This first schedule which outlines the Contractor’s view of the practical way in which the Work will be accomplished is the Baseline Schedule. If the Contractor fails to submit the Baseline Schedule within the ten (10) days noted then the District may withhold processing and approval of progress payments.
  2. Schedule Must Be Within the Given Contract Time. The Baseline Schedule shall not exceed time limits set forth in the Contract Documents and shall comply with all of the scheduling requirements as set forth in the Specifications.
  3. Submittals Must Be Incorporated. Contractor shall include submittals as line items in the Baseline Schedule. Submittals shall not delay the Work, milestones, Substantial Completion date, or Final Completion date. Failure to include submittals in the Baseline Schedule shall be deemed a material breach by the Contractor.
  4. No Early Completion. Contractor shall not submit a schedule showing early Completion without indicating float time through the date set for Project Completion by the District. Contractor’s Baseline Schedule shall account for all days past early Completion as float which belongs to the Project. Usage of float shall not entitle Contractor to any delay claim or damages due to delay.
  5. Use of Schedule Provided in Bid Documents. In some cases, the Bid will include a preliminary schedule indicating milestones and construction sequences for the Project along with general timing for the Project. The preliminary schedule is not intended to serve as the Baseline Schedule utilized for construction. It is up to the Contractor to study and develop a Baseline Schedule to address the actual durations and sequences of Work that is anticipated while maintaining the milestones provided by the District. Contract shall obtain information from Contractor’s Subcontractors and vendors on the planning, progress, delivery of equipment, coordination, and timing of availability of Subcontractors so a practical plan of Work is fully developed and represented in the Baseline Schedule.
  6. Incorrect Logic, Durations, Sequences, or Critical Path. The District may reject or indicate durations, sequences, critical path or logic are not acceptable and request changes. The electronic copy of the Baseline Schedule shall have adequate information so logic ties, duration, sequences and critical path may be reviewed electronically. Contractor is to diligently rebuild and resubmit the Baseline Schedule to represent the Contractor’s plan to Complete the Work and maintain milestones at the next Progress meeting, or before the next progress meeting. If Contractor is not able to build a schedule that is acceptable to the District or Architect, the District reserves the right to utilize the unapproved originally submitted Baseline Schedule (See Article 27.B (9)) and the comments submitted to hold Contractor accountable for timely delivery of Work and maintenance of milestones. Furthermore, Contractor’s representations in the Baseline Schedule, if unacceptable, may also be used as a basis for termination of the Contract if Contractor fails to adequately maintain the schedule and falls significantly behind without undertaking the efforts to either submit and follow a recovery schedule or fail to submit a recovery schedule and make no effort toward recovery on the Project.
  7. Contractor Responsibility Even if Schedule Issues Are Not Discovered. Failure on the part of the District to discover errors or omissions in schedules submitted shall not be construed to be an approval of the error or omission and a flawed schedule is not grounds for a time extension.
  8. Failure to Meet Requirements. Failure of the Contractor to provide proper schedules as required by this Article is a material breach of the Contract and grounds for termination. The District, at its sole discretion, may choose, instead, to withhold, in whole or in part, any progress payments or retention amounts otherwise payable to the Contractor.
  9. Use of an Unapproved Baseline Schedule. If Baseline Schedule submitted is unacceptable to the District (i.e. failing to meet the requirements of Article 27.B) and Contractor does not incorporate or address the written comments to the schedule and a Baseline Schedule is not approved, but due to extreme necessity, the District moves forward without an approved Baseline Schedule, Contractor shall diligently revise and meet schedule update requirements of this Article and incorporate all Article 27.B comments in all updates). However, for purposes of termination pursuant to Article 15, the schedule initially submitted shall be treated as a Baseline Schedule with durations shortened to accommodate all float and other mandatory schedule requirements under Article 27.B as well as incorporating all revisions from District or Architect that are noted.
3. Update Schedules.
  1. Updates Shall Be Based on Approved Baseline Schedule. Except in the case where there has not been agreement as to a Baseline Schedule, after there has been agreement as to the Baseline Schedule, the Baseline Schedule shall be used to build future schedule updates. Schedule updates shall be a CPM based schedule consistent with the Baseline Schedule requirements of Article 27.B. In the case of utilization of Article 27.B(9) and no Baseline Schedule has been approved, schedule updates shall be provided monthly and each update shall incorporate all comments and revisions noted as not complying with the requirements of Article 27.B. Contractor shall be held to the Article 27.B(9) unapproved Baseline Schedule, inclusive of all milestones, adjusted for comments and all required Baseline Schedule inclusions under Article 27.B.
  2. Schedule Updates. Contractor shall update the schedule each month to address actual start dates and durations, the percent complete on activities, actual Substantial and Final Completion dates, estimated remaining duration for the Work in progress, estimated start dates for Work scheduled to start at future times and changes in duration of Work items.
  3. Recovery Schedule. In addition to providing a schedule update every thirty (30) days, the Contractor, if requested by the Architect or District, shall take the steps necessary to improve Contractor’s progress and demonstrate to the District and Architect that the Contractor has seriously considered how the lost time, the Completion Date, or the milestones that are required to be met within the terms of the Contract. Contractor shall immediately provide a recovery schedule showing how the Completion Date will be met. In no case, shall a recovery schedule be provided later than ten (10) days following the request for a recovery schedule from the Architect or District.
Obtaining Bidding Documents —
Bidding Documents, may be obtained from:
The e-procurement portal at https://procurement.opengov.com/portal/fusd.
Bidders shall utilize a complete set of Bidding Documents in preparing a bid. The failure or omission of bidder to receive any bid document, form, instrument, Addendum, or other document shall not relieve bidder from any obligations with respect to the bid and/or Contract.
District Contact —
Bidders are hereby notified that any contact with a member of the Board of Education, Superintendent, Associate Superintendent, or employee of the District, other than Tracie Reading, Sr. Buyer, or Sr. Director of Purchasing, Warehouse, and Mail Services regarding this bid could result in the rejection of their proposal.
Exclusions —
Any bidder that has "exclusions" must submit a list of exclusions on the Procurement Portal prior to the deadline for questions/clarifications.
Addenda —
Clarification or any other notice of a change in the Bidding Documents will be issued only by the District and only in the form of Addendum, through the e-procurement portal. Any other purported Addenda are void and unenforceable.
Bidder is responsible for ascertaining the disposition of all Addenda issued regardless of District notification and to acknowledge all Addenda through the e-procurement portal prior to the bid opening. Addenda is available for inspection through the e-procurement portal. Oral statements or any instructions in any form, other than Addendum as described above, shall be void and unenforceable. Addenda issued by the District must be acknowledged by the bidder. Failure to acknowledge may result in bid being deemed non-responsive.
ARTICLE 28 MATERIALS AND WORK —
1. Except as otherwise specifically stated in this Contract, Contractor shall provide and pay for all materials, labor, tools, equipment, transportation, superintendence, temporary constructions of every nature, and all other services and facilities of every nature whatsoever necessary to execute and complete this Contract within specified time.
2. Unless otherwise specified, all materials shall be new and shall be of the respective kinds and grades as noted or specified.
3. Materials shall be furnished in ample quantities and at such times as to ensure uninterrupted progress of Work and shall be stored properly and protected as required. Contractor shall be entirely responsible for damages or loss by weather or other causes to materials or work under this Contract.
4. Contractor shall, after award of Contract 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, furnish to the District documentary evidence showing that orders have been placed.
5. No material, supplies, or equipment for work under this Contract 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 Substantial 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 Contract shall have any right to place a lien upon the premises or any improvement or appurtenance thereof, except that Contractor may install metering devices or other equipment of a utility company or political subdivision, title to which is commonly retained by the utility company or political subdivision. In event of installation of any such metering device or equipment, Contractor shall advise District as to its owner.
6. For all material and equipment specified or indicated in the Drawings, the Contractor shall provide all labor, materials, equipment, and services necessary for complete assemblies and complete working systems. Incidental items not indicated on the Drawings, nor mentioned in the Specifications, that can legitimately and reasonably be inferred to belong to the Work described, or be necessary in good practice to provide a complete assembly or system, shall be furnished as though itemized here in every detail. In all instances, material and equipment shall be installed in strict accordance with each manufacturer’s most recent published recommendations and specifications.
CUPCCAA —
This Project is being let in accordance with the California Uniform Public Construction Cost Accounting (“CUPCCAA”) set forth in Public Contract Code section 22000 et seq. Bidders shall comply with any requirements set forth in the CUPCCAA including all guidelines and requirements in the current California Uniform Public Construction Cost Accounting Commission Cost Accounting Policies and Procedures Manual. If applicable, only Contractors included on the District’s Qualified List shall submit bids for the Project as set forth in the CUPCCAA.
ARTICLE 29 OBTAINING OF PERMITS, LICENSES AND EASEMENTS —
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 Architect before demand is made for the certificates of final payment. Contractor shall, and shall require Subcontractors to, maintain Contractor’s licenses in effect as required by law.
ARTICLE 30 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.
Debarment —
Bidder may also be subject to debarment, in addition to seeking remedies for False Claims under Government Code section 12650 et seq. and Penal Code section 72, the District may debar a Contractor if the Board, or the Board may designate a hearing officer who, in his or her discretion, finds the Contractor has done any of the following:
1. 1. 1. Intentionally or with reckless disregard, violated any term of a contract with the District
    2. Committed an act or omission which reflects on the Contractor’s quality, fitness or capacity to perform work for the District;
    3. Committed an act or offense which indicates a lack of business integrity or business honesty; or,
    4. Made or submitted a false claim against the District or any other public entity (See Government Code section 12650, et seq., and Penal Code section 72.)
ARTICLE 31 SANITARY FACILITIES —
If applicable, Contractor shall provide sanitary temporary facilities in no fewer numbers than required by law.
ARTICLE 32 CLEANING UP —
Contractor at all times shall keep premises free from debris such as waste, rubbish, and excess materials and equipment caused by the Work. Contractor shall not leave debris under, in, or about the premises, but shall promptly remove same from the premises. Upon Substantial and Final 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 so surfaces are free from foreign material or discoloration; 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, District may do so and the cost thereof shall be charged to Contractor.
ARTICLE 33 GUARANTEE —
1. In addition to guarantees required elsewhere, Contractor shall, and hereby does guarantee all Work furnished on the job against all defects for a period of one year after date of accep¬tance of Work by District and shall repair or replace any and all such Work, together with any other Work, which may be displaced in so doing that may prove defective in workmanship and/or materials within one year period from date of acceptance without expense whatsoever to District, ordinary wear and tear, unusual abuse or neglect excepted. District will give notice of observed defects to Contractor and Surety with reasonable promptness. Contractor shall notify District upon completion of such repairs or replace¬ment.
2. Contractor Warrants that all Work (which includes any equipment furnished by Contractor as a 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.
3. The warranty period for discovery of defective Work shall commence on the date stamped on the Notice of Completion verifying County registration 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 or Project 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.
ARTICLE 34 DUTY TO PROVIDE FIT WORKERS —
1. Contractor and Subcontractors shall at all times enforce strict discipline and good order among their employees and shall not employ on any person not skilled in the Work assigned to such person. It shall be the responsibility of Contractor to ensure compliance with this Article.
2. Any person in the employ of the Contractor or Subcontractors whom District may deem unfit shall be excluded from the work site and shall not again be employed on it except with written consent of District. As used in this Article, “unfit” means any person who the District concludes is either not, or improperly, skilled for the task assigned to that person, who fails to comply with the requirements of this Article, or who creates safety hazards which jeopardize other persons and/or property.
3. Contractor shall take all reasonable steps necessary to insure that any employees of Contractor or any of its Subcontractors employees do not use, consume, or work under the influence of any alcohol or illegal drugs while on the Project. Contractor shall further prevent any of its employees or its Subcontractor employees from playing any recorded music devices or radios or wearing any radio headphone devices for entertainment while working on the Project. Likewise, Contractor shall preclude any of its employees or Subcontractor’s employees from bringing any animal onto the Project.
ARTICLE 35 FINGERPRINTING —
If applicable, Contractor shall comply with all provisions of either Education Code section 45125.1 or 45125.2. Pursuant to Education Code section 45125.1, Contractor shall conduct criminal background checks of all employees of Contractor assigned to the District, and shall certify that no employees who have been convicted of serious or violent felonies, as specified in Education Code section 45125.1, will have contact with pupils, by utilizing the certification set forth in the bid documents. As part of such certification, Contractor must provide the District with a list of all employees providing services pursuant to this Agreement, and designate which sites such employees will be assigned. In performing the services set forth in this Agreement, Contractor shall not utilize any employees who are not included on the above-referenced list. At District’s sole discretion, District may make a finding, as authorized under Education Code section 45125.1, that Contractor’s employees will have only “limited contact” with pupils. Contractor’s failure to comply with this law shall be considered a material breach of this Agreement upon where this Agreement may be terminated, at District’s sole discretion, without any further compensation to Contractor.
Pursuant to Section 45125.2 Contractor shall ensure the safety of pupils by the installation of a physical barrier at the worksite and by continual supervision and monitoring of all these employees by an employee of Contractor whom the Department of Justice has ascertained has not been convicted of a serious or violent felony, as defined in Education Code section 45125.2 (c).
ARTICLE 36 WAGE RATES, TRAVEL AND SUBSISTENCE —
1. Wage Rates. Pursuant to the provisions of Article 2 (commencing at § 1720), Chapter 1, Part 7, Division 2, of the Labor Code, the 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 works project is to be performed for each craft, classification, or type of worker needed for this Project from the Director of the Department of Industrial Relations (“Director”). These rates are on file at the administrative office of the District and are also available from the Director of the Department of Industrial Relations. Copies will be made available to any interested party on request. The Contractor shall post a copy of such wage rates at appropriate, conspicuous, weatherproof points at the Site.
  
  Any worker employed to perform work on the Project, but such work is not covered by any classification listed in the published general prevailing wage rate determinations or per diem wages determined by the Director of the Department of Industrial Relations, shall be paid not less than the minimum rate of wages specified therein for the classification which most nearly corresponds to the employment of such person in such classification.
2. Holiday and Overtime Pay. Holiday and overtime work, when permitted by law, shall be paid for at the rate set forth in the prevailing wage rate determinations issued by the Director of the Department of Industrial Relations or at least one and one-half (1½) times the specified basic rate of per diem wages, plus employer payments, unless otherwise specified in the Contract Documents or authorized by law.
3. Wage Rates Not Affected by Subcontracts. The Contractor shall pay and shall cause to be paid each worker engaged in the execution of the 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.
4. Per Diem Wages. The Contractor shall pay and shall cause to be paid to each worker needed to execute the Work on the Project per diem wages including employer payments for health and welfare, pensions, vacation, travel time and subsistence pay as provided for in Labor Code §1773.1.
5. Forfeiture and Payments. Pursuant to Labor Code §1775, the Contractor shall forfeit to the District, not more than Two Hundred Dollars ($200.00) for each calendar day, or portion thereof, for each worker paid less than the prevailing wages rates as determined by the Director of the Department of Industrial Relations, for the work or craft in which the worker is employed for any work done under the Agreement by the Contractor or by any Subcontractor under it. The amount of the penalty shall be determined by the Labor Commissioner and shall be based on consideration of: (1) whether the Contractor or Subcontractor’s failure to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily correct upon being brought to the attention of the Contractor or Subcontractor; and (2) whether the Contractor or Subcontractor has a prior record of failing to meet its prevailing wage obligations.
6. Monitoring and Enforcement by Labor Commissioner. Monitoring and enforcement of the prevailing wage laws and related requirements will be performed by the Labor Commissioner/ Department of Labor Standards Enforcement (DLSE). The Contractor and all Subcontractors shall be required to furnish, at least monthly, certified payroll records directly to the Labor Commissioner in accordance with Labor Code section 1771.4. All payroll records shall be furnished in a format required by the Labor Commissioner. The Contractor and all Subcontractors must sign up for, and utilize, the Labor Commissioner’s electronic certified payroll records submission system. The District will have direct and immediate access to all CPRs for the Project that are submitted through the Labor Commissioner’s system. The District can use this information for any appropriate purpose, including monitoring compliance, identifying suspected violations, and responding to Public Records Act requests.
  
  The Labor Commissioner and DLSE may conduct various compliance monitoring and enforcement activities including, but not limited to, confirming the accuracy of payroll records, conducting worker interviews, conducting audits, requiring submission of itemized statements prepared in accordance with Labor Code section 226, and conducting random in-person inspections of the Project site (“On-Site Visits”). On-Site Visits may include inspections of records, inspections of the work site and observation of work activities, interviews of workers and others involved with the Project, and any other activities deemed necessary by the Labor Commissioner/DLSE to ensure compliance with prevailing wage requirements. The Labor Commissioner/DLSE shall have free access to any construction site or other place of labor and may obtain any information or statistics pertaining to the lawful duties of the Labor Commissioner/DLSE.
  
  Any lawful activities conducted or any requests made by the Labor Commissioner/DLSE shall not be the basis for any delays, claims, costs, damages or liability of any kind against the District by the Contractor. Contractor and all Subcontractors shall cooperate and comply with any lawful requests by the Labor Commissioner/ DLSE. The failure of the Labor Commissioner, DLSE, or any other entity related to the Department of Industrial Relations to comply with any requirement imposed by the California Code of Regulations, Title 8, Chapter 8 shall not of itself constitute a defense to the failure to pay prevailing wages or to comply with any other obligation imposed by Division 2, Part 7, Chapter 1 of the Labor Code.
  
  Prior to commencing any work on the Project, the Contractor shall post the required notice/poster required under the California Code of Regulations and Labor Code section 1771.4 in both English and Spanish at a conspicuous, weatherproof area at the Project site. The required notice/poster is available on the Labor Commissioner’s website.
ARTICLE 37 PAYROLL RECORDS —
1. Pursuant to §1776 of the Labor Code, each Contractor and Subcontractor shall keep an accurate payroll record showing the name, address, social security number, work classification and 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 him or her in connection with the Project.
2. All payroll records as specified in Labor Code §1776 of the Contractor and all Subcontractors of any tier shall be certified and furnished directly to the Labor Commissioner in accordance with Labor Code §1771.4(a)(3) on a monthly basis (or more frequently if required by the District or the Labor Commissioner) and in a format prescribed by the Labor Commissioner. Payroll records as specified in Labor Code §1776 shall be certified and submitted to the District with each application for payment. All payroll records 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 shall be made available for inspection or furnished upon request to a representative of 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 shall be made available upon request by the public for inspection or for copies thereof. However, a request by the public shall be made through 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) above, the requesting party shall, prior to being provided the records, reimburse the costs of the preparation by the Contractor, Subcontractors, and the entity through which the request was made. The public shall not be given access to such records at the principal office of the Contractor.
3. The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the Division.
4. The Contractor or Subcontractor(s) shall file a certified copy of all payroll records with the entity that requested such records within 10 days after receipt of a written request.
5. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the District, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement shall be marked or obliterated to prevent disclosure of an individual’s name, address and social security number. The name and address of the Contractor awarded the Contract or the Subcontractor(s) performing the Contract shall not be marked or obliterated. Any copy of records made available for inspection by, or furnished to, a joint labor-management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (Section 175a of Title 29 of the United States Code) shall be marked or obliterated only to prevent disclosure of an individual’s name and social security number. Notwithstanding any other provision of law, agencies that are included in the Joint Enforcement Strike Force on the Underground Economy established pursuant to Section 329 of the Unemployment Insurance Code and other law enforcement agencies investigating violations of law shall, upon request, be provided non-redacted copies of certified payroll records.
6. The Contractor shall inform the District of the location of all payroll records, including the street address, city and county, and shall, within five working days, provide a notice of a change of location and address.
7. The Contractor or Subcontractor(s) shall have 10 days in which to comply subsequent to receipt of a written notice requesting payroll records. In the event that the Contractor or Subcontractor(s) fails to comply within the 10-day period, the Contractor or Subcontractor(s) shall, as a penalty to the District, forfeit One Hundred Dollars ($100.00) 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. The Contractor is not subject to a penalty due to the failure of a Subcontractor to comply with this section.
  
  The responsibility for compliance with this Article shall rest upon the Contractor.
ARTICLE 38 WITHHOLDING OF CONTRACT PAYMENTS & PENALTIES —
The District may withhold or delay contract payments to the Contractor and/or any Subcontractor if:
1. 1. The required prevailing rate of per diem wages determined by the Director of the Department of Industrial Relations is not paid to all workers employed on the Project; or
  2. The Contractor or Subcontractor(s) fail to submit all required certified payroll records with each application for payment, but not less than once per month; or
  3. The Contractor or Subcontractor(s) submit incomplete or inadequate payroll records; or
  4. The Contractor or Subcontractor(s) fail to comply with the Labor Code requirements concerning apprentices; or
  5. The Contractor or Subcontractor(s) fail to comply with any applicable state laws governing labor on public works projects.
ARTICLE 39 APPRENTICES —
1. Apprentice Wages and Definitions. All apprentices employed by the Contractor to perform services under the Contract 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 as determined by the Director of the Department of Industrial Relations, and shall be employed only at the work of the craft or trade to which he or she is registered. Only apprentices, as defined in §3077 of the Labor Code, who are in training under apprenticeship standards that have been approved by the Chief of the Division of Apprenticeship Standards and who are parties to written apprenticeship agreements under Chapter 4 (commencing with §3070) of Division 3, are eligible to be employed under this Contract. The employment and training of each apprentice shall be in accordance with the apprenticeship standards and apprentice agreements under which he or she is training or in accordance with the rules and regulations of the California Apprenticeship Council.
2. Employment of Apprentices. Contractor agrees to comply with the requirements of Labor Code §1777.5. The Contractor awarded the Project and all Subcontractors, in performing any of the Work under the Contract or subcontract, employs workers in any apprenticeable craft or trade, the Contractor and Subcontractor shall employ apprentices in the ratio set forth in Labor Code §1777.5 and may apply to any apprenticeship program in the craft or trade that can provide apprentices to the Project site for a certificate approving the Contractor or Subcontractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. However, the decision of the apprenticeship program to approve or deny a certificate shall be subject to review by the Administrator of Apprenticeship. The apprenticeship program or programs, upon approving the Contractor or Subcontractor, shall arrange for the dispatch of apprentices to the Contractor or Subcontractor. The Contractor or Subcontractor covered by an apprenticeship program’s standards shall not be required to submit any additional application in order to include additional public works contracts under that program. “Apprenticeable craft or trade” as used in this Article means a craft or trade determined as an apprenticeable occupation in accordance with the rules and regulations prescribed by the California Apprenticeship Council. The ratio of work performed by apprentices to journeyman employed in a particular craft or trade on the Project shall be in accordance with Labor Code §1777.5.
3. Submission of Contract Information. Prior to commencing work on the Project, the Contractor and Subcontractors shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the Project and make the request for the dispatch of apprentices in accordance with the Labor Code. The information submitted shall include an estimate of journeyman hours to be performed under the Contact, the number of apprentices proposed to be employed, and the approximate dates the apprentices would be employed. A copy of this information shall also be submitted to the District if requested. Within 60 days after concluding work on the Project, the Contractor and Subcontractors shall submit to the District, if requested, and to the apprenticeship program a verified statement of the journeyman and apprentice hours performed on the Project.
4. Apprentice Fund. The Contractor and all Subcontractors, who, in performing any of the Work under the Contract, employs journeymen or apprentices in any apprenticeable craft or trade shall contribute to the California Apprenticeship Council the same amount that the director determines is the prevailing amount of apprenticeship training contributions in the area of the Project. The Contractor and Subcontractors may take as a credit for payments to the Council any amounts paid by the Contractor or Subcontractor to an approved apprenticeship program that can supply apprentices to the Project. The Contractor and Subcontractors may add the amount of the contributions in computing his or her bid for the Contract.
5. Prime Contractor Compliance. The responsibility of compliance with this Article and §1777.5 of the Labor Code for all apprenticeable occupations is with the Prime Contractor. Any Contractor or Subcontractor that knowingly violates the provisions of this Article or Labor Code §1777.5 shall be subject to the penalties set forth in Labor Code §1777.7.
ARTICLE 40 PROTECTION OF PERSONS AND PROPERTY —
1. The Contractor shall be responsible for all damages to persons or property that occur as a result of its fault or negligence in connection with the prosecution of this Contract and shall take all necessary measures and be responsible for the proper care and protection of all materials delivered and Work performed until Final Completion and final acceptance by the District. All Work shall be solely at the Contractor’s risk, with the exception of damage to the Work caused by “acts of God” as defined in Government Code section 4151(b). Contractor’s liability for any injury or damage proximately caused by any “act of God” shall be limited to five percent (5%) of the Contract Price pursuant to Government Code section 4150.
2. Contractor shall take, and require Subcontractor to take, all necessary precautions for safety of workers on the Project and shall comply with all applicable federal, state, local and other safety laws, standards, orders, rules, regulations, and building codes to prevent accidents or injury to persons on, about, or adjacent to premises where Work is being performed and to provide a safe and healthful place of employment. In addition to meeting all requirements of OSHA, Cal-OSHA, state, and local codes, Contractor shall furnish, erect and properly maintain at all times, as directed by District or Architect 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 member of its organization on the Project, whose duty shall be to post information regarding protection and obligations of workers and other notices required under occupational safety and health laws, to comply with reporting and other occupational safety requirements, and to protect the life, safety and health of workers. Name and position of person so designated shall be reported to District by Contractor. Contractor shall correct any violations of safety laws, rules, orders, standards, or regulations. Upon the issuance of a citation or notice of violation by the Division of Occupational Safety and Health, such violation shall be corrected promptly.
3. In an emergency affecting safety of life, of Work, or of adjoining property, Contractor, without special instruction or authorization from Architect 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 Architect or District. District will not hold Contractor liable for damages proximately caused by Contractor’s actions if such actions were reasonably necessary to prevent loss of life or injury to person or damage to Work or adjoining property. Any compensation claimed by Contractor on account of emergency work shall be determined by agreement.
4. Contractor shall provide such heat, cooling, covering, and enclosures as are necessary to protect all Work, materials, equipment, appliances, and tools against damage by weather conditions.
5. 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. All permits, licenses, or inspection fees required for such repair work shall be obtained and paid for by Contractor.
6. 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 may 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. The Contractor shall comply with specifications and directives of the District regarding the timing of certain construction activities in order to avoid unnecessary interference with school functioning.
  2. Provide substantial barricades around any shrubs or trees indicated to be preserved.
  3. Deliver materials to building area over route designated by Architect of District.
  4. Take preventive measures to eliminate objectionable dust.
  5. Confine apparatus, the storage of materials, and the operations of workers to limits indicated by law, ordinances, permits or directions of Architect; and shall not interfere with the Work or unreasonably encumber premises or overload any structure with materials; and enforce all instructions of District and Architect 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 land surveyor or civil engineer and all maps and records required therefrom shall be filed with county and local authorities, at no cost to the District. All filing and plan check fees shall be paid by Contractor.
ARTICLE 41 NON-DISCRIMINATION —
In the performance of the terms of this Contract, 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 42 COST BREAKDOWN AND PERIODICAL ESTIMATES —
1. If applicable, Contractor shall furnish on forms approved by District:
  1. Within ten (10) days of award of Contract a detailed estimate giving complete breakdown of Contract Price for each Project or site; and (2) A periodical itemized estimate of Work done for purpose of making partial payments thereon. (3) Within ten (10) days of request of District, a schedule of estimated monthly payments which shall be due Contractor under Contract.
2. Values employed in making up any of these schedules 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 the Contract Price.
3. Contractor shall include in any breakdown or estimate the cost of final Project record documents, guarantees, warranties, O & M Manuals, photographs, etc.
ARTICLE 43 CONTRACTOR CLAIMS & DISPUTES —
1. Decision of Architect. “Disputes” or “Claims” as defined in Articles 1 and 44 between District and Contractor involving money or time, including those alleging an error or omission by the Architect shall be referred initially to the Architect for action as provided in Article 43.B within ten (10) days after Contractor’s Article 46 request for change or extra Work is denied. If there is a construction manager (CM), the CM shall receive the Dispute and may review and also assemble opinions and documents to assist the Architect. A decision by the Architect, as provided in Article 43.B, shall be required as a condition precedent to proceeding with remedies set forth in Article 44 as to all such matters arising prior to the date Retention Payment Application is due, regardless of whether such matters relate to execution and progress of the Work, or the extent to which the Work has reached completion. The condition precedent of an Architect decision shall be waived if: (1) the position of Architect is vacant; (2) the Architect has failed to take action required under Article 43.E within the time periods required therein; or (3) the Dispute or Claim relates to a stop notice claim not arising from any extra Change Order/ Construction Change Document or directive for which approval has not been provided.
2. Architect’s Review. The Architect (and CM) will review the Dispute and take one or more of the following preliminary actions upon receipt of a Dispute: (1) request additional supporting data from the claimant; (2) submit a schedule to the parties indicating when the Architect expects to take action; (3) reject the Dispute in whole or in part, stating reasons for rejection; (4) recommend approval of the Dispute; or (5) suggest a compromise. The Architect may also, but is not obligated to, notify the surety of the nature and amount of the Dispute. Architect review of Disputes and Claims shall be impartial and meant to resolve Disputes and Claims. Pursuant to the case, Huber, Hunt & Nichols, Inc. v. Moore (1977) 67 Cal.App.3d 278, the Architect is provided a quasi-judicial immunity for interpreting and deciding Disputes and Claims between the District and Contractor.
3. Documentation if Resolved. If a Dispute has been resolved, the Architect (and/or CM) will prepare a Change Order or obtain appropriate documentation to document the terms for Board approval.
4. Actions if Not Resolved. If a Dispute has not been resolved pursuant to Article 43.B, the Contractor shall, within ten (10) days after the Architect’s initial response, assemble all the documents involved in the Dispute including copies of all back-up documentation of costs and the basis for the Dispute and take one or more of the following actions: (1) modify the initial Dispute; (2) notify the Architect that the initial Dispute stands; or (3) supplement with additional supporting data and re-submit to the Architect under Article 43.B.
5. Architect’s Written Decision. If a Dispute has not been resolved after consideration of the foregoing and of other evidence presented by the parties or requested by the Architect, the Architect (or Architect through CM) shall provide a written decision twenty (20) days after compliance with Article 43.D. Upon expiration of such time period, the Architect (or Architect through CM) will render to the parties its written decision relative to the Dispute, including any change in the Contract Price or Contract Time or both. The Architect may also request reasonable additional time to complete Architect’s written decision. If the resolution of the Dispute by the Architect is not satisfactory to the Contractor and copies of all back-up documentation of costs and the basis for the Dispute is fully articulated in a package of material that is complete, the Contractor may then submit a Claim to the District under Article 44.
6. Continuing Contract Performance. Pending final resolution of a Dispute or Claim, including, negotiation, mediation, arbitration, or litigation, the Contractor shall proceed diligently with performance of the Contract, and the District shall continue to make any undisputed payments in accordance with the Contract (less any withholdings or offsets). If the Claim is not resolved, Contractor agrees it will neither rescind the Contract nor stop the progress of the Work, but Contractor’s sole remedy shall be to submit such controversy to determination by a court of competent jurisdiction in the county where the Project is located, after the Project has been Completed, and not before.
7. Claims for Extension of Time. If Contractor and District cannot agree upon an extension of time, whether compensable or not, then Contractor must have first completed the procedures set forth in Article 50. Upon completion of the procedures set forth under Article 50, Contractor must then comply with the requirements in this Article including those set forth under Article 44.
ARTICLE 44 CLAIMS PROCEDURES & REQUIREMENTS —
Pursuant to the remedies under Public Contract Code section 9201 and Government Code section 930.2, Contractor, through execution of this Agreement, also agrees to comply with the Claims requirements of this Article to quickly and efficiently resolve Disputes and Claims. Further, to provide a level of accuracy to the records submitted, the District shall have the right to audit books and records based on the actual costs incurred and to reduce the uncertainty in resolving Disputes and Claims with limited information.
1. Procedures and Requirements Applicable to all Claims.
  1. Definition of Claim: A “Claim” is where a Dispute between the parties rises to the level where backup documentation is assembled and provided to the District as a separate demand by the Contractor for: (a) a time extension, including, without limitation, for relief from damages or penalties for delay assessed by the District under the Contract; (b) payment by the District of money or damages arising from Work done by, or on behalf of, the Contractor pursuant to the Contract and payment for which is not otherwise expressly provided for or to which the Contractor is not otherwise entitled to; or (3) an amount of payment disputed by the District.
  2. Filing Claim is Not Basis To Discontinue Work: The Contractor shall promptly comply with Work under the Contract or Work requested by the District even though a written Claim has been filed. The Contractor and the District shall make good faith efforts to resolve any and all Claims that may arise during the performance of the Work covered by this Contract.
  3. Claim Notification: The Contractor shall within seven (7) calendar days after the written decision of the Architect, or if the time period for Architect’s decision has passed under Article 43.E, submit a notification in writing sent by registered mail or certified mail with return receipt requested, with the District (and the District’s CM) stating clearly the basis for the Claim and including all relevant and required documents. If the notification is not submitted within seven (7) days after the written decision of the Architect or the passage of time under Article 43.E, the Contractor shall be deemed to have waived all right to assert the Claim, and the Claim shall be denied. Claims submitted after the Retention Payment date shall also be considered null and void by the District. All Claims shall be reviewed pursuant to Articles 43.A through 43.E.
    
    The Formal Notification of Claim must be presented as follows:
    1. The term “Claim” must be at the top of the page in no smaller than 20 point writing.
    2. All documentation submitted pursuant to this Article to the Architect shall be submitted with the “Claim.”
    3. A stack of documents, copy of all Project documents, or the submission of random documents shall not constitute an adequate reference to supporting documentation.
    4. Any additional or supporting documentation that Contractor believes is relevant should be submitted at this time.
  4. Reasonable Documents to Support Claim: The Contractor shall furnish reasonable documentation to support the Claim. The Contractor shall provide all written detailed documentation which supports the Claim, including but not limited to: arguments, justifications, cost, estimates, Schedule analysis and detailed documentation. The format of the required reasonable supporting documentation to support the Claim shall include, without limitation:
    1. Cover letter.
    2. Summary of factual basis of Claim and amount of Claim.
    3. Summary of the basis of the Claim, including the specific clause and section under the Contract under which the Claim is made.
    4. Documents relating to the Claim, including:
      1. Specifications sections in question.
      2. Relevant portions of the plans/drawings.
      3. Applicable Clarifications (RFI’s).
      4. Other relevant information, including responses that were received.
      5. Contractor Analysis of Claim merit including Contractor’s analysis of any Subcontractor Claims that are being passed through, any analysis performed by outside consultants, and any legal analysis that Contractor deems relevant.
      6. Break down of all costs associated with the Claim. For Claims relating to time extensions, an analysis and supporting documentation evidencing any effect upon the critical path in conformance with the requirements of Article 50 shall be included along with a chronology of events and related correspondence.
      7. Applicable daily reports and logs. If the daily reports or logs are not available, lost or destroyed, there shall be a presumption that the lost documentation was unfavorable to the Contractor. See California Civil Jury Instruction 204.
      8. For Claims involving overhead, cost escalation, acceleration, disruption or increased costs, a full version of job costs reports organized by category of work or Schedule of Values with budget information tracked against actual costs. Any and all supporting back-up data, including the original bid (and associated original unaltered metadata). The metadata and bid information shall be provided confidentially and subject to a protective order to prevent dissemination to other contractors or to the public. However, the bid documentation should remain intact and available for review and inspection in case of this type of increased cost Claim. This data on the bid shall be made available to any District attorneys or experts and shall also be utilized as evidence for any legal proceedings. If the bid documentation is not available, lost or destroyed, there shall be a presumption that the lost bid documentation was unfavorable to the Contractor. See California Civil Jury Instruction 204.
  5. Certification: The Contractor (and Subcontractors, if applicable) shall submit with the Claim a certification under penalty of perjury:
    1. That the Contractor has reviewed the Claim and that such Claim is made in good faith;
    2. Supporting data are accurate and complete to the best of the Contractor’s knowledge and belief;
    3. The amount requested accurately reflects the amount of compensation for which the Contractor believes the District is liable; and
    4. That the Contractor is familiar with Government Code section 12650 et seq. and Penal Code section 72, and that false claims can lead to substantial fines and/or imprisonment.
  6. Signature of Certification: If the Contractor is not an individual, the certification shall be executed by an officer or general partner of the Contractor having overall responsibility for the conduct of the Contractor’s affairs.
  7. Upon receipt of a Claim and all supporting documents as required above, the District shall conduct a reasonable review of the Claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Upon receipt of a Claim, the District and Contractor may, by mutual agreement, extend the time period provided in this paragraph.
  8. If the District needs approval from its governing Board to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the Claim, and the governing Board does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a Claim sent by registered mail or certified mail, return receipt requested, the District shall have up to three days following the next duly publicly noticed meeting of the governing Board after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.
  9. Any payment due on an undisputed portion of the Claim shall be processed and made within 60 days after the District issues its written statement. If the District fails to issue a written statement, paragraph o below shall apply.
  10. If the Contractor disputes the District’s written response, or if the District fails to respond to a Claim issued pursuant to this Article within the time prescribed, the Contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the District shall schedule a meet and confer conference within 30 days for settlement of the Claim.
  11. Within 10 business days following the conclusion of the meet and confer conference, if the Claim or any portion of the Claim remains in dispute, the District shall provide the Contractor a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim shall be processed and made within 60 days after the District issues its written statement. Any disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the District and the Contractor sharing the associated costs equally. The District and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the Claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the Claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the Claim remaining in dispute shall be subject to applicable procedures in Article 44.D.
  12. For purposes of this Article, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
  13. Unless otherwise agreed to by the District and the Contractor in writing, the mediation conducted pursuant to this Article shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
  14. This Claims process does not preclude the District from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this Article does not resolve the parties’ Claim. This Claims process does not preclude the District from submitting individual Disputes or Claims to binding arbitration pursuant to Article 44.C below.
  15. Failure by the District to respond to a Claim from the Contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this Article shall result in the Claim being deemed rejected in its entirety. A Claim that is denied by reason of the District’s failure to have responded to a Claim, or its failure to otherwise meet the time requirements of this Article, shall not constitute an adverse finding with regard to the merits of the Claim or the responsibility or qualifications of the Contractor.
  16. If a Subcontractor or a lower tier subcontractor lacks legal standing to assert a Claim against a District because privity of contract does not exist, the Contractor may present to the District a Claim on behalf of a Subcontractor or lower tier subcontractor. A Subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the Contractor present a Claim for Work which was performed by the Subcontractor or by a lower tier subcontractor on behalf of the Subcontractor. The Subcontractor requesting that the Claim be presented to the District shall furnish reasonable documentation to support the Claim. Within 45 days of receipt of this written request, the Contractor shall notify the Subcontractor in writing as to whether the Contractor presented the Claim to the District and, if the Contractor did not present the Claim, provide the Subcontractor with a statement of the reasons for not having done so.
  17. Upon receipt of a Claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable.
  18. The Contractor’s Claim shall be denied if it fails to follow the requirements of this Article
  19. Within thirty (30) days of receipt of the Claim and the information under this Article, the District may request in writing any additional documentation supporting the Claim or documentation relating to defenses to the Claim which the District may assert. If additional documents are required, the time in which the Claim is evaluated may be extended by a reasonable time so the Claim and additional documents may be reviewed
2. Claims Procedures in Addition to Government Code Claim. Nothing in the Disputes and Claims procedures set forth in Articles 43 and 44 or other provisions in the General Conditions shall act to waive or relieve the Contractor from meeting the requirements set forth in Government Code section 900 et seq.
3. Binding Arbitration of Individual Claim Issues. At the District’s sole option, the District may submit individual disputes, or claims, to binding arbitration and Contractor agrees to the resolution determined for each individual dispute by Arbitrator, including resolution of time and delays. If binding arbitration is utilized, such resolution is a full and final resolution of the particular claim or dispute. Under no circumstances may the Contractor stop work, rescind its contract or otherwise slow the progress of Work during resolution of individual claims in binding Arbitration. This individual dispute arbitration process is not an arbitration clause and shall not be construed as an agreement to arbitrate. This individual disputes arbitration process is for the sole purpose of streamlining and resolving disputes or claims during construction and shall be requested on specific individual items by the District prior to Completion of the Project.
4. Resolution of Disputes in Court of Competent Jurisdiction. If Claims are not resolved under the procedure set forth and pursuant to Articles 43 and 44, such Claim or controversy shall be submitted to a court in the county of competent jurisdiction after the Project has been Completed, and not before.
5. Warranties, Guarantees and Obligations. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon Contractor by the General Conditions and amendments thereto; and all of the rights and remedies available to District and Architect thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by laws or regulations by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this Article will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply.
ARTICLE 45 PAYMENTS TO CONTRACTOR —
1. Unless otherwise specified, each month within thirty (30) days after approval of the Request for Payment, Contractor shall be paid a sum equal to ninety-five percent (95%) of the value of the Work performed (as certified by Architect and Inspector and verified by Contractor) up to the last day of the previous month, less the aggregate of previous payments. The value of the Work completed shall be the Contractor’s best estimate. Work completed as estimated shall be an approximation or estimate only and no mistake, inaccuracy, error or falsification in said any approved estimate shall operate to release the Contractor, or any surety upon any bond, from damages arising from such Work, or from the District’s enforcement of each and every provision of this Contract including but not limited to the Performance Bond and Payment Bond. The District shall have the right to subsequently to correct any mistake, inaccuracy, error or falsification made or otherwise set forth in any approved Request for Payment and such correction may occur in any future Payment Application or in the final payment to the Contractor. No Surety upon any bond shall be relieved, released or exonerated of its obligations under this Contract or any applicable bond when the District is unable to correct an overpayment to the Contractor due to any abandonment by the Contractor or termination by the District.
2. Before payment is made hereunder, the District will review the request for progress payment with District and Inspector for verification that the Work for which payment is requested has been performed in accordance with the Terms of the Contract.
3. District and Inspector shall sign the request for payment as verification that the Work has been performed. It is understood moreover, that signature of the Inspector and Architect shall not be conclusive upon District, but merely advisory.
4. Upon request by the District, Contractor shall provide lien releases or partial lien releases for payments previously made. Contractor shall not be entitled to any payment for WORK performed if Contractor has not complied with any lawful direction from the District or has failed to provide lien releases as requested.
5. Prior to final payment, Contractor and each Subcontractor shall certify that the Project does not contain any asbestos containing materials.
6. After Completion of the Work, Contractor shall make a demand for final payment. The demand for final payment shall identify all disputed and undisputed amounts due under the Contract and, all claims for compensation under or arising out of this Contract. The Contractor’s negotiation of the payment of the final amount shall constitute a waiver of all amounts due under the Contract and all Disputes and Claims against District under or arising out of this Contract except those identified by Contractor in writing and unsettled before Contractor’s negotiation of final payment. The final payment, if unencumbered, shall be made thirty-five (35) calendar days after recordation of the Notice of Completion by the County Registrar. Acceptance will be made only by action of the Governing Board.
7. In accordance with Public Contract Code section 7100, payments by the District to the Contractor for any and all undisputed amounts is contingent upon the Contractor furnishing the District with a release of all Disputes and Claims against the District related to such undisputed amounts.
8. No payment by District hereunder shall be interpreted so as to imply that District has inspected, approved, or accepted any part of the Work.

ARTICLE 46 CHANGES AND EXTRA WORK —

District may, as provided by law and without affecting the validity of this Contract, order changes, modifications, deletions and extra Work by issuance of written Change Orders/ Construction Change Documents from time to time during the progress of the Project, Contract Price being adjusted accordingly. All such Work shall be executed under conditions of original Contract except that any claim for an extension of time caused thereby shall be adjusted at time of ordering such change.
In giving instructions, Architect shall have authority to make minor changes in Work, not involving change in cost, and not inconsistent with purposes of the building. 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 Dispute or Claim for addition to Contract Price shall be valid unless so ordered.

The following format shall be used as applicable by the District and the Contractor to communicate proposed additions and deductions to the Contract:

		EXTRA	CREDIT
For Work Performed by Subcontracto:
(a)	Material (attach itemized quantity and unit cost plus sales tax)
(b)	Labor Not to Exceed Applicable Prevailing Wage Rates (attach itemized hours and rates)
(c)	Equipment (attach invoices)
(d)	Subcontractor’s Direct Cost- Subtotal of (a) through (c)
(e)	For work performed by Subcontractor, add Subcontractor’s overhead and profit not to exceed 10% of Item (d). Contractor may include 5% of Item (d) for its overhead and profit. Note: Do not include any costs covered in this Item (e) if Change Order will be paid using the District’s Allowance- see Item (o) below.
(f)	Bond and insurance costs not to exceed one percent (1%) of Item (d). Do not include any costs covered in this Item (f) if Change Order will be paid using the District’s Allowance- see Item (o) below.
(g)	Subcontractor’s Total Cost:

For Work Performed by Contractor:
(h)	Material (attach itemized quantity and unit cost plus sales tax)
(I)	Labor Not to Exceed Applicable Prevailing Wage Rates (attach itemized hours and rates)
(j)	Equipment (attach invoices)
(k)	Contractor’s Direct Cost- Subtotal of (h) through (j)
(l)	For work performed by Contractor, add Contractor’s overhead and profit not to exceed 10% of Item (k) Note: Do not include any costs covered in this Item (l) if Change Order will be paid using the District’s Allowance- see Item (o) below
(m)	Bond and insurance costs not to exceed one percent (1%) of Item (k). Do not include any costs covered in this Item (m) if Change Order will be paid using the District’s Allowance- see Item (o) below.
(n)	Contractor’s Total Cost:
(o)	Approved Cost/CO to be Paid By District Allowance?  Yes  No
	TOTAL COST OF CHANGE ORDER (ITEM (g) + ITEM (n):
(p)	Approved Time/ Days

If the Contractor should claim that any instruction, request, drawing, specification, action, condition, omission, default, or other situation obligates the District to pay addition¬al compensation to the Contractor or to grant an extension of time for the compensation of the Contract, or constitutes a waiver of any provision in the Contract, Contractor shall notify the District, in writing, of such Dispute within ten (10) calendar days from the date Contractor has actual or constructive notice of the factual basis supporting the Dispute. The Contractor’s failure to notify the District within such ten (10) calendars day period shall be deemed a waiver and relinquishment of such Dispute or Claim against the District. If such notice be given within the specified time, the procedure for its consideration shall be as stated above in this Article.
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) calendar days’ time thereafter, District may, upon ten (10) calendar 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.
A written directive or order to the Contractor prepared by the Architect and signed by the District and Architect (and CM if there is a CM on the Project) may be issued directing a change in the Work and stating a proposed basis for adjustment, if any, in the Contract Sum or Contract Time, or both. The District may by written directive, without invalidating the Contract, direct immediate changes in the Work within the general scope of the Contract consisting of additions, deletions, or other revisions within. If applicable, the Contract Sum and Contract Time will be adjusted accordingly. In the case of a directive being issued, Contractor must commence Work immediately or delays from failure to perform the directive shall be the responsibility of Contractor and the failure to move forward with Work immediately shall also be grounds for Termination under Article 14. A directive does not automatically trigger a Dispute or Claim under Article 43.

ARTICLE 47 COMPLETION —
1. See definitions of “Substantial Completion/ Substantially Complete(d)” and “Complete/ Completion/ Final Completion” in Article 1.
2. When the Contractor considers the Project Substantially Complete (See Article 1 for definition of Substantially Complete), the Contractor shall prepare and submit to the District a comprehensive list of minor items to be completed or corrected (hereinafter “Punch List”). The Contractor and/or its Subcontractors shall proceed promptly to complete and correct the incomplete Punch Items listed. Failure to include an item on such Punch List does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents.
3. If any of the conditions noted in Article 1 as defining Substantial Completion are not met, the Inspector, Architect or District may reject Contractor’s incomplete Punch Items as premature. If the Architect and Inspector commence review of incomplete Punch Items, all rights are reserved until the Project actually meets the definition of Substantially Complete. Liquidated Damages, warranties, and other contractual rights are not affected by incomplete Punch Items unless otherwise addressed in these General Conditions. Once the Inspector and the Architect determine the Project is Substantially Complete, a Certificate of Substantial Completion shall be issued. The Inspector and Architect shall prepare a Punch List of items which is an inspection report of the Work, if any, required in order to complete the Contract Documents and ensure compliance with the DSA Approved Plans so the Project may be Completed by the Contractor and a final DSA Close-Out is approved. When all Work for the Project is Complete, including Punch Lists and all Work complies with the approved Contract Documents and Change Orders, the Project has reached Final Completion.
4. Contractor shall only be given a period of no more than twenty (20) days to complete the Punch List for the Project. During the Punch List period, the Contractor’s Superintendent and Project Manager shall remain engaged in the Project and shall not be removed or replaced. If the Punch List is not completed at the end of the Punch List time, the District, Construction Manager or Architect may issue a valued Punch List and deduct 150% of the reasonable value of all incomplete Punch List items and proceed to close out the Project.
5. More than two (2) requests of the District to make Punch List inspections shall be considered an additional service of Architect, Inspector, Engineer or other consultants shall be the Contractor’s responsibility and all such costs will be prepared as a Deductive Change Order or deducted from current amounts owed to the Contractor.
ARTICLE 48 ADJUSTMENTS TO CONTRACT PRICE —
1. If Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents or fails to perform any provision thereof, District may, after ten (10) days written notice to Contractor and without prejudice to any other remedy it may have, make good such deficiencies.
2. 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 injured or not done in accordance with Contract provisions, an equitable reduction in the Contract Price shall be made.
ARTICLE 49 CORRECTION OF WORK —
1. Should it be considered necessary or advisable by the District at any time before final acceptance of the entire Work to make an examination of Work already completed by removing or tearing out the same, the Contractor shall on request promptly furnish all necessary facilities, labor and materials. If such Work is found to be defective in any respect due to fault of the Contractor or a Subcontractor, he shall defray all expenses of such examinations and of satisfactory reconstruction. If, however, such Work is found to meet the requirements of the Contract, the additional cost of labor and material necessarily involved in the examination and replacement shall be allowed the Contractor.
2. Contractor shall promptly remove from premises all Work identified by District as failing to conform to Contract, whether incorporated or not. Contractor shall promptly replace and re-execute its own Work to comply with entrant 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.
3. 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 50 EXTENSION OF TIME - LIQUIDATED DAMAGES —
1. The Contractor and District hereby agree that the exact amount of damages for failure to Substantially Complete the Project within the time specified is extremely difficult or impossible to determine. It is expressly understood that time is of the essence and that the Contractor must Substantially Complete the Project within the Contract Time specified in the Agreement. Contractor shall be assessed the sum (set forth in the Agreement Form) per day as liquidated damages for each and every day the Work required under this Contract remains unfinished past the time for Substantial Completion, as set forth in the Agreement, and any extensions of time granted by the District to the Contractor under the terms of the Contract Documents and pursuant to Section 53069.85 of the Government Code. For purposes of this Article, the Project shall be considered Substantially Complete in accordance with the provisions of Article 1 and Article 47, “COMPLETION.”
2. Contractor shall not be charged for liquidated damages, as set forth above, because of any delays in completion of Work which are not the fault or negligence of Contractor, including but not restricted to: acts of God as defined in Public Contract Code section 7105, acts of public enemy, fires, floods, epidemics, pandemics, and quarantine restrictions (collectively, “Force Majeure Events”). Any approved delays caused by Force Majeure Events shall be deemed non-compensable excusable delays. Contractor shall, within five (5) calendar days of beginning of any such delay, notify District in writing of causes of delay; thereupon 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. Extensions of time shall apply only to that portion of Work affected by delay, and shall not apply to other portions of Work not so affected. An extension of time may only be granted after proper compliance with requirements governing the preparation and submission of a properly prepared CPM schedule.
3. No extended overhead, general conditions costs, impact costs, out-of-sequence costs or any other type of compensation, by any name or characterization, shall be paid to the Contractor for any delay to any activity not designated as a critical path item on the latest approved Project schedule if caused by Force Majeure Events.
ARTICLE 51 PAYMENTS WITHHELD —
1. In addition to amount which District may retain under Article 47 entitled “COMPLETION” and Article 45 entitled “PAYMENTS TO CONTRACTOR”, 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 under this Contract, including, without limitation, payments made pursuant to the Article 45 entitled “PAYMENTS BY CONTRACTOR”;
  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 the Article 28 entitled “MATERIALS AND WORK”;
  6. The cost of Completion of this Contract if there is reasonable doubt that this Contract can be Completed for the balance then unpaid to Contractor;
  7. Site clean-up as provided in Article 32 entitled “CLEANING UP”;
  8. Amount necessary to satisfy any and all stop payment notices or liens against District. Contractor shall provide release of all liens prior to final payment;
  9. Damages to another contractor;
  10. Incomplete Punch List items;
  11. Failure to proceed with a written directive;
  12. Failure to provide an approved Baseline Schedule or any other schedule or update;
  13. Failure to perform any provision of the Contract Documents;
  14. Payments to indemnify, defend, or hold harmless the District;
  15. Any payments due to the District including but not limited to payments for failed tests, utilities or imperfections; or
  16. Inspector sign-off of each item in the DSA 152 Project Inspection Card.
2. If the Contractor, at its own expense, removes the reason for withholding, then payment shall be made for amount withheld.
3. 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 obligation. District will render Contractor an accounting of such funds disbursed on behalf of Contractor.
4. As an alternative to payment of such claims or obliga-tions, District, in its sole discretion, may reduce the total Contract Price as provided in Article 48 entitled “ADJUSTMENTS TO CONTRACT PRICE.”
5. Payment by the District shall be without prejudice to any other action by the District to recover damages.
ARTICLE 52 EXCISE TAXES —
If under Federal Excise Tax Law any transaction hereunder constitutes a sale on which a Federal Excise Tax is imposed and the sale is exempt from such Federal Excise Tax because it is a sale to a State or Local Government for its exclusive use, District, upon request, will execute documents necessary to show (1) that 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 District. No Federal Excise Tax for such materials shall be included in any bid price.
ARTICLE 53 TAXES —
Bid price is to include any and all applicable sales taxes or other taxes that may be due in accordance with Section 7051 of the Revenue and Taxation Code; Regulation 1521 of the State Board of Equalization or any other tax codes that may be applicable.
ARTICLE 54 NO ASSIGNMENT —
Contractor shall not assign this Contract or any part thereof.
ARTICLE 55 NOTICE AND SERVICE THEREOF —
1. Any notice from one party to the other or otherwise under Contract shall be in writing and shall be dated and signed by party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in one of the following manners:
  1. If notice is given to 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 Contract, and sent by registered or certified mail with postage prepaid;(3) If notice is given to surety or other person by personal delivery to such surety or other person or by depositing same in United States mail, enclosed in a sealed envelope, addressed to such surety or person at the address of such surety or person last communicated by surety or other person to party giving notice, and sent by registered or certified mail with postage prepaid.
ARTICLE 56 NO WAIVER —
The failure of District in any one or more instances to insist upon strict performance of any of the terms of this Contract 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 57 HAZARDOUS MATERIALS —
In the event the Contractor encounters on the site material reasonably believed to be asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, the Contractor shall immediately stop work in the area affected and report the condition to the District and Architect in writing. The Work in the affected area shall not thereafter be resumed except by written agreement of the District and Contractor if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless. The Work in the affected area shall be resumed in the absence of asbestos or polychlorinated biphenyl (PCB), or when it has been rendered harmless, by written agreement of the District and Contractor, or in accordance with final determination by the Architect.
ARTICLE 58 DISTRICT’S RIGHT TO CARRY OUT THE WORK —
If Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents or fails to perform any provision of this Contract, the District may, after five (5) calendar days’ written notice to Contractor and without prejudice to any other remedy he may have, made good such deficiencies. In such case an appropriate Change Order/ Construction Change Document shall be issued deducting from the payments then or thereafter due Contractor the cost of correcting such deficiencies, including the cost of the Architect’s additional service made necessary by such default, neglect or failure. If the payments then or thereafter due Contractor are not sufficient to cover such amount, then Contractor shall pay the difference to the District within five (5) calendar days.
ARTICLE 59 INDEMNIFICATION —
See the Agreement Form.
ARTICLE 60 NON-UTILIZATION OF ASBESTOS MATERIAL —
NO ASBESTOS OR ASBESTOS-CONTAINING PRODUCTS SHALL BE USED IN THIS CONSTRUCTION OR IN ANY TOOLS, DEVICES, CLOTHING, OR EQUIPMENT USED TO EFFECT THIS CONSTRUCTION.
Asbestos and/or asbestos-containing products shall be defined as all items containing, but not limited to, chrysolite, amosite, anthophyllite, tremolite, and actinolite. Any or all material containing greater than one-tenth of one percent (1%) asbestos shall be defined as asbestos-containing material. All Work or materials found to contain asbestos or Work or material installed with asbestos-containing equipment will be immediately rejected and this Work will be removed at no additional cost to the District.
ARTICLE 61 LIEN RELEASES —
Contractor shall, at its own cost, defend, indemnify and hold harmless the District, its officers, agents, employees, assigns, and successors in interest, from and against any and all liability, damages, losses, claims, demands, actions, causes of action, and costs including attorney’s fees and expenses, or any of them, arising from or attributable to a lien or stop notice filed and/or served in connection with the Work.

Submission Requirements

CONTRACTOR'S & SUBCONTRACTORS' INFORMATION
Please provide your contractor's license number, all classifications, & expire date. (required)
Please provide your DIR number & registration end date. (required) —
DIR/PWCR#
Will you be using Subcontractors? (required) —
DESIGNATION OF SUBCONTRACTORS
In compliance with the Subletting and Subcontracting Fair Practices Act (California Public Contract Code Sections 4100 et. seq.,) and any amendments thereof, each bidder shall set forth below: (a) the name, license number, and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor, who will perform work or labor or 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 improvements 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 and description 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. As of March 1, 2015, all contractors bidding on a public works project must be registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5.
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 CONTRACTOR shall be deemed to have agreed that the CONTRACTOR is fully qualified to perform that portion, and that the CONTRACTOR alone shall perform that portion.
No prime contractor whose bid is accepted shall (a) substitute any subcontractor, (b) permit any subcontractor to be voluntarily assigned or transferred or allow the relevant portion of the work to be performed by anyone 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 where the 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 where 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.
NOTE: If alternate bids are called for and bidder intends to use different or additional subcontractors on the alternates, a separate list of subcontractors must be provided for each such alternate.
Subcontractors Form (required) —
Please download the below documents, complete, and upload if will be using subcontractors.
PROVIDE OWN DOCUMENTATION OF THE FOLLOWING:
Playworld Systems and/or Miracle Recreation Equipment Company Certification (required) —
Upload proof of certification.
Additional Possible Costs —
Please include a list of any additional possible costs not indicated in the bid document.
CERTIFICATIONS & DECLARATIONS TO BE SUBMITTED WITH PROPOSAL —
Download, complete, & upload
Bid Bond Form (required) —
Please download the document below, complete, and upload, as well as mail or deliver the original to be received no later than the bid due and addressed to: Fontana Unified School District, Attn: Shamica R. Nance, Sr. Director of Purchasing, 9680 Citrus Avenue, Building #30, Fontana, CA 92335. Please have the Bidder Name, Project Title and Project Number listed clearly on the outside of the envelope.
Note: If a cashier’s check or certified check is provided in lieu of a Bid Bond, upload the Bid Guarantee Form and a copy of the check in 3.2. Original must be delivered as indicated above.
Bid Guarantee Form (Use only when not using a Bid Bond) —
Please also include a copy of the check.
Acknowledgement Of Bidding Practices Regarding Indemnity Form (required)
Clean Air & Water Certification (required)
Contractor’s Certificate Regarding Workers Compensation (required)
Disabled Veteran Business Enterprise (DVBE) Participation Statement (required) —
Please download the below documents, complete, and upload.
EDGAR Certification Form (required) —
All Proposers must complete this EDGAR Certification Form regarding proposer’s willingness and ability to comply with certain requirements which may be applicable to specific District purchases using federal grant funds.
Equal Opportunity Agreement (required)
Iran Contracting Act (required) —
Certification of eligibility to bid for contracts of $1 million or more.
Non-Collusion Declaration Form (required)
Prevailing Wage and Related Labor Requirements Certification (required)
CONTRACT FORMS TO BE SUBMITTED BY VENDOR AFTER AWARD OF CONTRACT —
For reference only, no need to submit at this time.
UPC Sample Agreement
Alcohol & Tobacco-Free Certification
Criminal Background Certification
Drug-Free Workplace Certification
Safety Vests Certification (District Provided)
W9 Form
Contractor (DVBE) Close-Out Statement —
Please download the below documents, complete, and upload.
Payment & Performance Bonds PW
Certification of Bid Review & Authorized (required) —
I certify that I have read Notice of Inviting Bid and all documentation provided. I further certify that I must submit firm’s bid response in response to this request via OpenGov Procurement and that I am authorized to commit the firm to the bid submitted.
In submitting this Bid, the undersigned Vendor acknowledges receipt of any and all Addenda issued by or on behalf of the District, as set forth below. The Vendor confirms that this Bid incorporates and is inclusive of, all items or other matters contained in all
The undersigned hereby proposes and agrees to furnish and deliver the goods or services as quoted in accordance with the terms, conditions, specifications, and prices herein quoted.
Provide Publication Dates (required) —
Example: December 12, 2025 and December 19, 2025
Is prequalification of bidders required? (required) —
Prequalification is required for projects estimated to exceed $1,000,000. However, it may still be included at the district’s discretion for projects estimated below that amount.
Prequalification Dates (required) —
Prequalification documents must be submitted to PQBids by ______________. ____________ is the last day to be approved though PQBids.
Example: January 5, 2026. January 15, 2026
Does this project include Federal Funding? (required)
Federal Funding: (required) —
This Project will use federal funding including, but not limited to, funds from [insert federal program such as Elementary and Secondary School Emergency Relief Fund (ESSER)]. Contractor and all subcontractors must comply with all applicable federal requirements including, but not limited to Davis-Bacon and related Acts.
Provide License Classification required: (required) —
Example: B; or C-10
The successful bidder must possess a valid and active Class C-10 Contractor’s License,
Any special requirements such as certifications or licenses. —
Leave blank if none.
Example: In addition, one or more full-time employees must hold the following certifications at the time of bid submission and throughout the duration of the contract: NICET Level I, NICET Level II, DIR “Blue Card”, CAFAA, EST3 Programming, and Potter Programming.
What is the projected annual cost? (required) —
This can be used to determine the dollar amount for the project bonds.
Years for multi-year renewals/extensions (if applicable) —
After the Initial Term of the contract and subject to the provisions of pricing terms of the contract, this proposal may be extended (in the District’s sole discretion) for ____ (_) additional years, not to exceed ____ (_) years total
Example: for up to two (2) additional years, in one (1) year increments
or Example: for two (2) additional years, not to exceed three (3) years total
Will there be a Job Walk or Pre-Bid Conference? (required) —
If yes, you will be prompted to more questions.
Select Job Walk or Pre-Bid Conference (required)
Job Walk or Pre-Bid Conference date & time: (required) —
A Mandatory Job Walk will be conducted on _________, promptly at _________.
Example: Wednesday, December 3, 2025, promptly at 10:00 A.M.
Job Walk or Pre-Bid Conference location: (required) —
Contractors and/or their representatives are to meet at ___________.
Example: M&O Conference Room at 9851 Catawba Ave. Fontana, Ca 92335
Will Job Walk or Pre-Bid Conference be Mandatory? (required)
The Consumer Price Index is defined as the Riverside-San Bernardino-Ontario, California Consumer Price Index, Housing, All Urban Consumers, as published by the U.S. Department of Labor, Bureau of Labor Relations for the month of _________ for each year. (required)

Questions & Answers

Q (License Classification): Can a B license contractor list a C-61/D-34 contractor to perform the safety surfacing installation and for the certified playground installation or does the B license contractor need to possess both classifications?

A: Thank you for your RFI. Please see Addendum No. 1.

Playground, Outdoor Equipment, Surfacing Installation and Repairs

Opportunity details

Description

Background

Project Details

Important Dates

Addenda

Evaluation Criteria

Submission Requirements

Questions & Answers

Key dates

AI classification tags

Frequently asked questions

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