BUILDING 23 RENOVATION BID NO. 3009 3009 - Project Manual.pdf · The Project is the total...

PROJECT MANUAL

FOR

BUILDING 23 RENOVATION

BID NO. 3009

OWNER MT. SAN ANTONIO COLLEGE

1100 N. Grand Avenue Walnut, CA 91789

(909) 594-5611

CONSULTANT Steven Fader Architects

3780 Wilshire Blvd. Los Angeles CA 90010

(213) 383-1336

FEBRUARY 2015

TABLE OF CONTENTS SECTION DESCRIPTION PAGES

00010 TABLE OF CONTENTS 2

DIVISION 0 BIDDING AND CONTRACT REQUIREMENTS

00100 Notice to Contractors Calling For Bids 4 00200 Instructions for Bidders 7 00300 Bid Proposal – Bid # 3009 5 00310 List of Subcontractors 2 00320 Non-Collusion Affidavit 1 00350 Bid Bond 2 00360 Pre-Bid Clarification Form 1 00400 Agreement 3 00420 Performance Bond 2 00430 Labor and Material Payment Bond 2 00440 Workers’ Compensation Certificate 1 00450 Drug-Free Workplace Certification 2 00700 General Conditions 63 00800 Supplemental Conditions 8

DIVISION 1 GENERAL REQUIREMENTS

01010 Summary of Work –Bid # 3009 2 01015 Contractor’s use of Premises 2 01026 Schedule of Values 2 01120 Alteration Project Procedures 10 01200 Project Meetings 2 01210 Construction Forms 23 01230 Alternates 1 01250 Change Order Procedures 2 01290 Application for Payment 5 01300 Submittals 5 01350 Waste Reduction and Recycling 5 01450 Quality Control 17 01455 Testing and Inspection 4 01500 Construction Facilities and Temporary Controls 1 01510 Temporary Utilities 2 01600 Product Requirements 4 01630 Product Substitution Procedures 1 01770 Contract Closeout 5 01780 Warranties & Bonds 3

DIVISION 2 EXISTING CONDITIONS

024119 Selective Demolition 2

DIVISION 5 METALS 054000 Cold-Formed Metal Framing 2

DIVISION 6 WOOD, PLASTICS AND COMPOSITES

064100 Architectural Wood Casework 3

BUILDING 23 RENOVATIONS FOR IT & PUBLIC SAFETY TABLE OF CONTENTS MT. SAN ANTONIO COLLEGE BID NO. 3009

PAGE 1 OF 2 02/06/15

DIVISION 8 OPENINGS 081113 Hollow Metal Doors and Frames 2 081416 Flush Wood Doors 3 084113 Aluminum-Framed Entrances and Storefronts 3 086250 Tubular Daylighting Device 6 087100 Door Hardware 23

DIVISION 9 FINISHES

092900 Gypsum Board 3 095100 Acoustical Ceilings 2 099000 Painting 2

DIVISION 10 SPECIALTIES

101400 Signage 3 104400 Fire Protection Specialties 2

BUILDING 23 RENOVATIONS FOR IT & PUBLIC SAFETY TABLE OF CONTENTS MT. SAN ANTONIO COLLEGE BID NO. 3009

PAGE 2 OF 2 02/06/15

MT. SAN ANTONIO COMMUNITY COLLEGE DISTRICT

NOTICE TO CONTRACTORS CALLING FOR BIDS

NOTICE IS HEREBY GIVEN that the above-named California Community College District, acting by and through its Board of Trustees, hereinafter "the District,” will receive up to, but not later than the above-stated date and time, sealed Bid Proposals for the Contract for the Work of the Project generally described as: Building 23 Remodel.

1. Submittal of Bid Proposals. All Bid Proposals shall be submitted on forms furnished by the District. Bid Proposals must conform with, and be responsive to, the Bid and Contract Documents, copies of which may be obtained from the District as set forth above. Only Bid Proposals submitted to the District at or prior to the date and time set forth above for the public opening and reading of Bid Proposals shall be considered.

2. Bid and Contract Documents. It is anticipated that the Bid and Contract Documents will be available for review/download only on February 9, 2015. Hard copies will be issued at the Mandatory Job Walk on February 10, 2015. One (1) set will be issued at no cost to all job walk attendees. Additional sets may be purchased at cost. To order project documents from ARC as a download, CD, or hardcopy/paper, visit www.crplanwell.com, then click GO on Public Planroom and search by MSAC, or email ARC ([email protected]) For help viewing or ordering you may call them directly at (714)424-8525 and ask to speak with a Planwell Administrator.

3. Documents Accompanying Bid Proposal. Each Bid Proposal shall consist of:

(a) Bid Form (b) Bid Security (c) Subcontractors List (d) Non-Collusion Affidavit

DISTRICT: MT. SAN ANTONIO COMMUNITY COLLEGE DISTRICT 1100 North Grand Avenue Walnut, CA 91789

PROJECT: Building 23 Remodel (Bid 3009)

BID & CONTRACT DOCUMENTS AVAILABLE VIA:

ARC-Planwell Web: www.crplanwell.com – Click Go on Public Planroom Search-MSAC : Email: [email protected] Phone: (714) 424-8526

BID DOCS AVAILABLE February 9, 2015 Via Planwell

MANDATORY JOB WALK LOCATION

MT. SAN ANTONIO COLLEGE Building 46– Facilities Planning & Management 1100 North Grand Ave., Walnut, CA 91789 (909) 274-4850

MANDATORY JOB WALK DATE/TIME:

February 10, 2015 at 1:00 a.m.

LOCATION FOR SUBMISSION OF BID PROPOSALS

MT. SAN ANTONIO COLLEGE Purchasing Office – Bldg. 4 (Purchasing Department) (909) 274-5514

LATEST DATE/TIME FOR SUBMISSION OF BID PROPOSALS

February 27, 2015 at 2:00 p.m.

BUILDING 23 REMODEL NOTICE CALLING FOR BIDS - 00100 BID #3009 PAGE 1 OF 3

mailto:[email protected]

http://www.crplanwell.com/



All information or responses of a Bidder in its Bid Proposal and other documents accompanying the Bid Proposal shall be complete, accurate and true; incomplete, inaccurate or untrue responses or information provided therein by a Bidder shall be grounds for the District to reject such Bidder's Bid Proposal for non-responsiveness.

4. Mandatory Job-Walk. The District will conduct a ONE TIME ONLY Mandatory Job

Walk at the location, date and time listed above. A Bid Proposal submitted by a Bidder whose representative (s) did not attend the entirety of the Mandatory Job Walk will be rejected by the District as being non-responsive.

5.. Additional Job Walk. District will make staff available to conduct additional, non-

mandatory job walks to allow contractors further opportunity to gather information. Interested bidders must request and coordinate this through Caryn Cowin, Project Manager, at (909) 274-4850.

6. Prevailing Wage Rates. The Contractor and all Subcontractors performing any

portion of the Work shall pay not less than the applicable prevailing wage rate for the classification of labor provide by their respective workers in prosecution and execution of the Work (see Section 00700 – General Conditions, Article 4.12.4). Pursuant to California Labor Code §1773, the Director of the Department of Industrial Relations of the State of California has determined the generally prevailing rates of wages in the locality in which the Work is to be performed. Copies of these determinations, entitled “PREVAILING WAGE SCALE” are available on the Internet at http://www.dir.ca.gov/dlsr/statistics_research.html. Otherwise, contact the District’s Purchasing Office, located at 1100 North Grand Avenue, Walnut, California 91789, for assistance in obtaining a rate schedule. The Contractor awarded the Contract for the Work shall post a copy of all applicable prevailing wage rates for the Work at conspicuous locations at the Site of the Work.

7. Prevailing Wage Rate (“PWR”) Monitoring and Enforcement. The Work is

subject to payment of PWRs. The Contractor and all Subcontractors of every tier shall pay laborers performing any portion of the Work not less than the PWR established for the labor provided. Pursuant to Labor Code §1771.4(a)(4), PWR monitoring and enforcement shall be by the Department of Industrial Relations.

8. Contractor’s License Classification. In accordance with the provisions of California

Public Contract Code §3300, the District requires that Bidders possess, at the time of submission of a Bid Proposal, at the time of award of a Contract for a Bid Package and at all times during the Work, the following classification(s) of California Contractors Licenses: Class B.

No payment shall be made for work, labor, materials or services provided under the Contract

for the Work unless and until the Registrar of Contractors verifies to the District that the Bidder awarded the Contract is properly and duly licensed to perform the Work. Any Bidder not so duly and properly licensed shall be subject to all penalties imposed by law.

9. Bidder Prequalification. Contractors wishing to bid as prime contractor on this project

must be prequalified by the District 24 hours prior to the Bid Opening. Prequalification forms will be available at the District’s Purchasing Office, located at 1100 North Grand Avenue, Administration Bldg. 4, Walnut, CA 91789; phone: (909) 274-5514 or by e-mailing Pam Childs at [email protected]. Contractors must submit their completed application and all required documentation to the District’s Purchasing Office, at the address noted above, on or before February 10, 2015.

10. Contract Time. The date(s) for completion of Interim Milestones and for achieving

Final Completion of the Work of each Bid Package shall be as set forth in the Supplemental Conditions. Failure to complete designated portions of the Work, including Interim Milestones, within the time(s) established in the Supplemental Conditions for each Bid Package and/or failure to achieve Final Completion of the Work within the Contract Time established in the Supplemental Conditions for each Bid Package shall subject the Contractor to assessment of Liquidated Damages




as set forth in the Supplemental Conditions.

11. Bid Package Construction Budget. For purposes of the District’s determination of the lowest priced Bid Proposal and for inclusion in the scope of a contract for a Bid Package, the Construction Budget established by the District for this Bid Package is: $300,000.

12. Bid Security. Each Bid Proposal shall be accompanied by Bid Security in an amount not less than ten percent (10%) of the maximum amount of the Bid Proposal, inclusive of any additive Alternate Bid Item(s). Failure of any Bid Proposal to be accompanied by Bid Security in the form and in the amount required shall render such Bid Proposal to be non-responsive and rejected by the District. 13. No Withdrawal of Bid Proposals. Bid Proposals shall not be withdrawn by any Bidder for a period of ninety (90) days after the opening of Bid Proposals. During this time, all Bidders shall guarantee prices quoted in their respective Bid Proposals. 14. Substitute Security. In accordance with the provisions of California Public Contract Code §22300, substitution of eligible and equivalent securities for any monies withheld by the District to ensure the Contractor's performance under the Contract will be permitted at the request and expense of the Contractor and in conformity with California Public Contract Code §22300. The foregoing notwithstanding, the Bidder to whom the Contract is awarded shall have ten (10) days following action by the District's Board of Trustees to award the Contract to such Bidder to submit its written request to the District to permit the substitution of securities for retention under California Public Contract Code §22300. The failure of such Bidder to make such written request to the District within said ten (10) day period shall be deemed a waiver of the Bidder's rights under California Public Contract Code §22300. 15. Waiver of Irregularities. The District reserves the right to reject any or all Bid Proposals or to waive any irregularities or informalities in any Bid Proposal or in the bidding. 16. Award of Contract. The Contract for the Work, if awarded, will be by action of the District's Board of Trustees to the responsible Bidder submitting the lowest responsive Bid Proposal. If Alternate Bid Items are included in the bidding, the lowest priced Bid Proposal will be determined on the basis of the Base Bid Proposal or on the Base Bid Proposal and the combination of Alternate Bid Items selected in accordance with the applicable provisions of the Instructions for Bidders. 17. Inquiries and Clarifications. This document is for informational purposes and shall not relieve the Bidder of the requirements to fully familiarize itself with all the factors affecting the Project and its Bid. The Bidder is advised that all inquiries and clarifications about the Bid Documents, Drawings, Specifications, etc. shall be submitted to the District in writing on or before but not later than 4:00 p.m. February 17, 2015. The District will respond at its earliest possible opportunity. Verbal communication by either party with regard to this matter is invalid. Inquiries shall be sent to: Caryn Cowin, Project Manager - Facilities, FAX (909) 274-2931 or email to [email protected] & [email protected].

Michael Gregoryk Vice President, Administrative Services

MT. SAN ANTONIO COMMUNITY COLLEGE DISTRICT Los Angeles County, State of California




MT. SAN ANTONIO COLLEGE

INSTRUCTIONS FOR BIDDERS 1. Preparation and Submittal of Bid Proposal.

1.1 Bid Proposal Preparation. All information required by the bid forms must be completely and accurately provided. Numbers shall be stated in both words and figures where so indicated in the bid forms; conflicts between a number stated in words and in figures are governed by the words. Partially completed Bid Proposals or Bid Proposals submitted on other than the bid forms included herein may be deemed non-responsive and may be rejected. Bid Proposals not conforming to these Instructions for Bidders and the Notice to Contractors Calling for Bids ("Call for Bids") may be deemed non-responsive and rejected.

1.2 Bid Proposal Submittal. Bid Proposals shall be submitted at the place designated in the Call for Bids in sealed envelopes bearing on the outside the Bidder's name and address along with an identification of the Bid Package number and description of the Bid Package for which the Bid Proposal is submitted. Bidders are solely responsible for timely submission of Bid Proposals to the District at the place designated in the Call for Bids.

1.3 Date and Time of Bid Proposal Submittal. The District will place a clock (“the District Clock”)

in a conspicuous location at the place designated for submittal of Bid Proposals. For purposes of determining the time that a Bid Proposal is submitted, the District Clock shall be controlling. The foregoing notwithstanding, whether or not Bid Proposals are opened exactly at the time fixed in the Call for Bids or in any Addenda extending the date and/or time due to material changes, no Bid Proposals shall be received or considered by the District after it has commenced the public opening and reading of Bid Proposals; Bid Proposals submitted after such time are non-responsive and will be returned to the Bidder unopened.

1.4 Submission of Bid Proposals for More Than One Bid Package. A Bidder may submit a Bid

Proposal for more than one (1) Bid Package. If a Bidder elects to submit Bid Proposals for multiple Bid Packages, the following requirements shall apply: (a) the Bidder must submit a separate Bid Proposal for each Bid Package; (b) the Bid Proposal for each Bid Package must be submitted in separate sealed envelopes which clearly identify the Bid Package number and Bid Package Description; (c) each Bid Proposal for a Bid Package must be accompanied by the required Bid Security for the Bid Package, a completed and executed Statement of Bidder’s Qualifications, Subcontractors List and executed Non-Collusion Affidavit. Bidders shall not submit Bid Proposals for more than one Bid Package in a Bid Proposal; if a Bidder’s Bid Proposal is for more than one Bid Package, such a Bid Proposal will be rejected as non-responsive. Bidders submitting Bid Proposals for more than one Bid Package must complete and submit separate Bid Proposals and other documents as required for each Bid Package.

2. Bid Security. Each Bid Proposal shall be accompanied by Bid Security in the form of: (a) cash, (b) a certified or cashier's check made payable to the District or (c) a Bid Bond, in the form and content attached hereto, in favor of the District executed by the Bidder as a principal and a Surety as surety (the "Bid Security") in an amount not less than the percentage of the maximum amount of the Bid Proposal. Any Bid Proposal submitted without the required Bid Security is non-responsive and will be rejected. If the Bid Security is in the form of a Bid Bond, the Bidder's Bid Proposal shall be deemed responsive only if the Bid Bond is in the form and content included herein and the Surety is an Admitted Surety Insurer under Code of Civil Procedure §995.120. If the Bid Security is a Bid Bond, the Bidder submitting the Bid Proposal and/or its Surety must complete the portion of the form of Bid Bond indicating the Bid Package and description of Bid Package; failure to do so will render the Bid Proposal non-responsive.

3. Documents Accompanying Bid Proposal; Signatures. The Bid Proposal must be submitted

with all documents listed in the Call for Bids. All bid forms shall be executed by an individual duly authorized to execute the same on behalf of the Bidder.

Building 23 Remodel BID #3009 PAGE 1 OF 7


4. Modifications. Changes to the bid forms which are not specifically called for or permitted may result in the District's rejection of the Bid Proposal as being non-responsive. No oral or telephonic modification of any submitted Bid Proposal will be considered. A written modification may be considered only if actually received by the District fourteen (14) days prior to the scheduled closing time for receipt of Bid Proposals and the public opening thereof.

5. Erasures; Inconsistent or Illegible Bid Proposals. Bid Proposals must not contain any erasures,

interlineations or other corrections unless the same are suitably authenticated by affixing in the margin immediately opposite such erasure, interlineation or correction the surname(s) of the person(s) signing the Bid Proposal. Any Bid Proposal not conforming with the foregoing may be deemed by the District to be non-responsive. If any Bid Proposal or portions thereof, is determined by the District to be illegible, ambiguous or inconsistent, whether by virtue of any erasures, interlineations, corrections or otherwise, the District may reject such a Bid Proposal as being non-responsive.

6. Examination of Site and Contract Documents. Each Bidder shall, at its sole cost and expense,

inspect the Site and become fully acquainted with the Contract Documents and conditions affecting the Work. The failure of a Bidder to receive or examine any of the Contract Documents or to inspect the Site shall not relieve such Bidder from any obligation with respect to the Bid Proposal, or the Work required under the Contract Documents. The District assumes no responsibility or liability to any Bidder for, nor shall the District be bound by, any understandings, representations or agreements of the District's agents, employees or officers concerning the Contract Documents or the Work made prior to execution of the Contract which are not in the form of Bid Addenda duly issued by the District. The submission of a Bid Proposal shall be deemed prima facie evidence of the Bidder's full compliance with the requirements of this section.

7. Withdrawal of Bid Proposal. Any Bidder may withdraw its Bid Proposal without penalty by written

request received by the District prior to the scheduled closing time for the receipt of Bid Proposals. A written notice of withdrawal of a submitted Bid Proposal received after the scheduled closing time for receipt of Bid Proposals shall not be considered by the District, nor effective to withdraw such Bid Proposal except as relevant to Public Contract Code §5100 et seq.

8. Agreement and Bonds. The Agreement which the successful Bidder, as Contractor, will be

required to execute along with the forms and amounts of the Labor and Material Payment Bond, Performance Bond and other documents and instruments which will be required to be furnished are included in the Contract Documents and shall be carefully examined by the Bidder. The required number of executed copies of the Agreement and the form and content of the Performance Bond and the Labor and Material Payment Bond and other documents or instruments required at the time of execution of the Agreement are specified in the Supplemental Conditions.

9. Interpretation of Drawings, Specifications or Contract Documents. Any Bidder in doubt as to

the true meaning of any part of the Contract Documents; who finds discrepancies, errors or omissions therein; or who finds variances in any of the Contract Documents with applicable rules, regulations, ordinances and/or laws, may submit to the District a written request for an interpretation or correction thereof. It is the sole and exclusive responsibility of the Bidder to submit such request not less than fourteen (14) days prior to the scheduled closing date for the receipt of Bid Proposals. Interpretations or corrections of the Contract Documents will be by written addendum issued by the District or the Architect. A copy of any such addendum will be mailed or delivered to each Bidder receiving a set of the Contract Documents. No person is authorized to render an oral interpretation or correction of any portion of the Contract Documents to any Bidder, and no Bidder is authorized to rely on any such oral interpretation or correction. Failure to request interpretation or clarification of any portion of the Contract Documents pursuant to the foregoing is a waiver of any discrepancy, defect or conflict therein.

10. Request for Substitution Prior to Bid Opening. Any Bidder may submit Request(s) for

Substitution on the form provided herein, together with all substantiating data, no later than fourteen (14) days prior to the scheduled closing time for receipt of the Bid Proposals, in accordance with



Public Contract Code §3400. The District shall use its best efforts to consider and act upon such Request for Substitution in a timely manner. Action taken, if any, will be by written addendum issued by the District, a copy of which will be mailed or delivered to each Bidder receiving a set of the Contract Documents. In the absence of a written addendum, the Request for Substitution shall be deemed denied for purposes of the District’s evaluation of the Bid Proposals.

11. District's Right to Modify Contract Documents. Before the public opening and reading of Bid

Proposals, the District may modify the Work, the Contract Documents, or any portion(s) thereof by the issuance of written addenda disseminated to all Bidders who have obtained a copy of the Specifications, Drawings and Contract Documents pursuant to the Call for Bids. If the District issues any addenda during the bidding, the failure of any Bidder to acknowledge such addenda in its Bid Proposal will render the Bid Proposal non-responsive and rejected.

12. Bidders Interested in More Than One Bid Proposal. No person, firm, corporation or other entity

shall submit or be interested in more than one Bid Proposal for the same Work; provided, however, that a person, firm or corporation that has submitted a sub-proposal to a Bidder or who has quoted prices for materials to a Bidder is not thereby disqualified from submitting a sub-proposal, quoting prices to other Bidders or submitting a Bid Proposal for the proposed Work to the District.

13. Non-Collusion Affidavit. The form of Non-Collusion Affidavit included in the Contract Documents

must be completed and duly executed on behalf of the Bidder; failure of a Bidder to submit a completed and executed Non-Collusion Affidavit with its Bid Proposal will render the Bid Proposal non-responsive.

14. Contractor's License. No Bid Proposal will be considered from a Bidder who, at the time Bid

Proposals are opened, is not licensed to perform the Work of the Bid Package for which the Bid Proposal is submitted, in accordance with the Contractors License Law, California Business & Professions Code §§7000 et seq. This requirement is not a mere formality and will not be waived by the District or its Board of Trustees. The required California Contractor's License classification(s) for each Bid Package is set forth in the Call for Bids. The Contractor will be required to maintain the license(s) through the duration of the Contract. Any questions concerning licensing may be referred to the Registrar, Contractors’ State License Board, P.O. Box 2600, Sacramento, CA 95826.

15. Mandatory Job-Walk. The District will conduct a Mandatory Job-Walk at the time(s) and place(s)

designated in the Call for Bids. The District may, in its sole and exclusive discretion, elect to conduct one or more Job-Walk(s) in addition to that set forth in the Call for Bids, in which event the District shall notify all Bidders who have theretofore obtained the Contract Documents pursuant to the Call for Bids of any such additional Job-Walk. If the District elects to conduct any Job-Walk in addition to that set forth in the Call for Bids, the District shall, in its notice of any such additional Job-Walk(s), indicate whether Bidders' attendance at such additional Job-Walk(s) is/are mandatory. The failure of any Bidder to have its authorized representative present at the entirety of the Mandatory Job-Walk will render the Bid Proposal of such Bidder to be non-responsive. Attendance by representatives of the Bidder's Subcontractors at the Mandatory Job Walk without attendance by a representative of the Bidder shall not be sufficient to meet the Bidder's obligations hereunder and will render the Bid Proposal of such Bidder to be non-responsive. The District will reject the Bid Proposal of a Bidder who obtains the Bid and Contract Documents after conclusion of the Mandatory Job-Walk.

16. Bidder's Qualifications. Each Bidder must be prequalified by the District prior to Bid Opening, or

the District shall reject the Bid Proposal submitted by such Bidder as being non-responsive. The required forms and documentation must be fully completed and submitted to the District at least five (5) days prior to the Bid Opening, or as specified in the Call for Bids, and the District shall advise the Bidder of its qualification status 24 hours in advance of the Bid Opening, in accordance with Public Contract Code §20651.5. “Bidder’s Qualification and Verification Forms” are available at the location specified in the Call for Bids or at Mt. SAC Purchasing Office, 1100 North Grand Avenue, Walnut, CA 91789.



17. Subcontractors.

17.1 Designation of Subcontractors; Subcontractors List. Each Bidder shall submit a list of its proposed Subcontractors for the proposed Work as required by the Subletting and Subcontracting Fair Practices Act (California Public Contract Code §§4100 et seq.) on the form furnished. Bidder must designate the name, address, and trade of ALL listed Subcontractors with the Bid Proposal. The listed Subcontractors’ license numbers and the value of their trades or portions of the work must be submitted to the District within 24 hours after the public opening and reading of the Bids. The failure of any Bid Proposal to include all information required by the Subcontractors List will result in rejection of the Bid Proposal for non-responsiveness.

17.2 Work of Subcontractors. All Bidders are referred to the Contract Documents and the

notation therein that all Contract Documents are intended to be complimentary and that the organization or arrangements of the Specifications and Drawings shall not limit the extent of the Work of the Contract Documents. Accordingly, all Bidders are encouraged to disseminate all of the Specifications, Drawings and other Contract Documents to all persons or entities submitting sub-bids to the Bidder. The omission of any portion or item of Work from the Bid Proposal or from the sub-bidders' sub-bids which is/are necessary to produce the intended results and/or which are reasonably inferable from the Contract Documents is not a basis for adjustment of the Contract Price or the Contract Time. Dissemination of the Contract Documents to sub-bidders and dissemination of addenda issued during the bidding process is solely the responsibility of each Bidder.

17.3 Subcontractor Bonds. In accordance with California Public Contract Code §4108, if a

Bidder requires a bond or bonds of its Subcontractor(s), whether the expense of procuring such bond or bonds are to be borne by the Bidder or the Subcontractor(s), such requirements shall be specified in the Bidder's written or published request for sub-bids. Failure of the Bidder to comply with these requirements shall preclude the Bidder from imposing bonding requirements upon its Subcontractor(s) or rejection of a Subcontractor's bid under California Public Contract Code §4108(b).

18. Award of Contract.

18.1 Waiver of Irregularities or Informalities. The District reserves the right to reject any and all Bid Proposals or to waive any irregularities or informalities in any Bid Proposal or in the bidding.

18.2 Award to Lowest Responsive Responsible Bidder. The award of the Contract, if made

by the District through action of its Board of Trustees, will be to the responsible Bidder submitting the lowest responsive Bid Proposal on the basis of the Base Bid Proposal or the Base Bid Proposal and Alternate Bid Items, if any, selected in accordance with these Instructions for Bidders.

18.3 SELECTION BY BASE BID ONLY. The lowest bid shall be the lowest Base Bid Proposal

without consideration of the prices on the additive or deductive Alternate Bid Items. Alternate Bid Items Not Included in Award of Contract. Bidders are referred to the provisions of the Contract Documents permitting the District, during performance of the Work, to add or delete from the scope of the Work any or all of the Alternate Bid Items with the cost or credit of the same being the amount(s) set forth in the Alternate Bid Items Proposal.

18.4 Responsive Bid Proposal. A responsive Bid Proposal shall mean a Bid Proposal which

conforms, in all material respects, with the Bid and Contract Documents. 18.5 Responsible Bidder. A responsible Bidder is a Bidder who has the capability in all

respects, to perform fully the requirements of the Contract Documents and the moral and



business integrity and reliability which will assure good faith performance. In determining responsibility, the following criteria will be considered: (i) the ability, capacity and skill of the Bidder to perform the Work of the Contract Documents; (ii) whether the Bidder can perform the Work promptly and within the time specified, without delay or interference; (iii) the character, integrity, reputation, judgment, experience and efficiency of the Bidder; (iv) the quality of performance of the Bidder on previous contracts, by way of example only, the following information will be considered: (a) the administrative, consultant or other cost overruns incurred by the District on previous contracts with the Bidder; (b) the Bidder's compliance record with contract general conditions on other projects; (c) the submittal by the Bidder of excessive and/or unsubstantiated extra cost proposals and claims on other projects; (d) the Bidder's record for completion of work within the contract time and the Bidder's compliance with the scheduling and coordination requirements on other projects; (e) the Bidder's demonstrated cooperation with the District and other contractors on previous contracts; (f) whether the work performed and materials furnished on previous contracts was in accordance with the Contract Documents; (v) the previous and existing compliance by the Bidder with laws and ordinances relating to contracts; (vi) the sufficiency of the financial resources and ability of the Bidder to perform the work of the Contract Documents; (vii) the quality, availability and adaptability of the goods or services to the particular use required; (viii) the ability of the Bidder to provide future maintenance and service for the warranty period of the Contract; (ix) whether the Bidder is in arrears on debt or contract or is a defaulter on any surety bond; (x) such other information as may be secured by the District having a bearing on the decision to award the Contract, to include without limitation the ability, experience and commitment of the Bidder to properly and reasonably plan, schedule, coordinate and execute the Work of the Contract Documents and whether the Bidder has ever been debarred from bidding or found ineligible for bidding on any other projects. The ability of a Bidder to provide the required bonds will not of itself demonstrate responsibility of the Bidder. Upon request of the District, Bidder must promptly submit satisfactory evidence of any of the items listed above.

19. Bid Security Return. The Bid Security of three or more low Bidders, the number being solely at

the discretion of the District, will be held by the District for ten (10) days after the period for which Bid Proposals must be held open (which is set forth in the Call for Bids) or until posting by the successful Bidder(s) of the bonds, certificates of insurance required and return of executed copies of the Agreement, whichever first occurs, at which time the Bid Security of such other Bidders will be returned to them.

20. Forfeiture of Bid Security. If the Bidder awarded the Contract fails or refuses to execute the

Agreement within ten (10) days from the date of receiving notification that it is the Bidder to whom the Contract has been awarded, the District may declare the Bidder's Bid Security forfeited as damages caused by the failure of the Bidder to enter into the Contract and may thereupon award the Contract for the Work to the responsible Bidder submitting the next lowest Bid Proposal or may call for new bids, in its sole and exclusive discretion.

21. Anti-Discrimination. It is the policy of the District that 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. All Bidders agree to comply with the District's anti-discrimination policy and all applicable Federal and California anti-discrimination laws including but not limited to the California Fair Employment & Housing Act beginning with California Government Code §§12940 et seq. and California Labor Code §1735. In addition, all Bidders agree to require like compliance by any Subcontractor employed by them on the Work of the Contract.

22. Certification of Workers’ Compensation Insurance. Pursuant to California Labor Code §3700,

the successful Bidder shall secure Workers’ Compensation Insurance for its employees engaged in the Work of the Contract. The successful Bidder shall sign and deliver to the District the following certificate, included as part of the Contract Documents, prior to performing any of the Work under the Contract:



"I am aware of the provisions of §3700 of the California Labor Code which require every employer to be insured against liability for worker's 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 the Contract."

23. Drug Free Workplace Certificate. In accordance with California Government Code §§8350 et

seq., the Drug Free Workplace Act of 1990, the successful Bidder will be required to execute a Drug Free Workplace Certificate concurrently with execution of the Agreement. The successful Bidder will be required to implement and take the affirmative measures outlined in the Drug Free Workplace Certificate and in California Government Code §§8350 et seq. Failure of the successful Bidder to comply with the measures outlined in the Drug Free Workplace Certificate and in California Government Code §§8350 et seq. may result in penalties, including without limitation, the termination of the Agreement, the suspension of any payment of the Contract Price otherwise due under the Contract Documents and/or debarment of the successful Bidder.

24. Compliance with Immigration Reform and Control Act of 1986. The Bidder is solely and

exclusively responsible for employment of individuals for the Work of the Contract in conformity with the Immigration Reform and Control Act of 1986, 8 USC §§1101 et seq. (the “IRCA”); the successful Bidder shall also require that any person or entity employing labor in connection with any of the Work of the Contract shall so similarly comply with the IRCA.

25. DVBE Compliance. In accordance with Education Code Section 17076.11, the District has a

participation goal for disabled veteran business enterprises (DVBE) of at least three percent (3%) per year of the overall dollar amount of funds allocated to the District by the State Allocation Board pursuant to the Leroy F. Greene School Facilities Act of 1998.

26. Pre-Award Conference. District may conduct a meeting with the apparent low bidder for

purposes of expediting the Project. If requested by the District, a duly authorized representative of the apparent low Bidder is required to attend the meeting in person, and must have signatory authority on behalf of the Bidder. Failure to attend the meeting will be considered just cause for the District to reject the apparent low Bidder’s bid. Such meeting does not change or modify the Work that the Bidder will be required to perform under the Contract Documents.

27. Notice of Intent to Award Contract. Following the public opening and reading of Bid Proposals,

the District will issue a Notice of Intent to Award the Contract, identifying the Bidder to whom the District intends to award the Contract and the date/time/place of the District's Board of Trustees meeting at which award of the Contract will be considered.

28. Bid Protest. Any Bidder submitting a Bid Proposal to the District may file a protest of the

District's intent to award the Contract provided that each and all of the following are complied with:

(i) The bid protest is in writing;

(ii) The bid protest is filed and received by the District’s Purchasing Manager not more than five (5) calendar days following the date of issuance of the District's Notice of Intent to Award the Contract; and

(iii) The written bid protest sets forth, in detail, all grounds for the bid protest,

including without limitation all facts, supporting documentation, legal authorities and argument in support of the grounds for the bid protest; any matters not set forth in the written bid protest shall be deemed waived. All factual contentions must be supported by competent, admissible and creditable evidence.

Any bid protest not conforming with the foregoing shall be rejected by the District as invalid. Provided that a bid protest is filed in strict conformity with the foregoing, the District’s Purchasing



Manager or designee shall review and evaluate the basis of the bid protest. Either the District’s Purchasing Manager or designee shall provide the Bidder submitting the bid protest with a written statement concurring with or denying the bid protest. The District's Board of Trustees will render a final determination and disposition of a bid protest by taking action to adopt, modify or reject the disposition of a bid protest as reflected in the written statement of the District’s Purchasing Manager or designee. Action by the District's Board of Trustees relative to a bid protest shall be final and not subject to appeal or reconsideration by the District, any employee or officer of the District or the District's Board of Trustees. The rendition of a written statement by the District’s Purchasing Manager (or designee) and action by the District's Board of Trustees to adopt, modify or reject the disposition of the bid protest reflected in such written statement shall be express conditions precedent to the institution of any legal or equitable proceedings relative to the bidding process, the District's intent to award the Contract, the District's disposition of any bid protest or the District's decision to reject all Bid Proposals. In the event that any such legal or equitable proceedings are instituted and the District is named as a party thereto, the prevailing party(ies) shall recover from the other party(ies), as costs, all attorneys' fees and costs incurred in connection with any such proceeding, including any appeal arising therefrom.

29. Public Records. Bid Proposals and other documents responding to the Call for Bids become the exclusive property of the District upon submittal to the District. At such time as the District issues the Notice of Intent to award the Contract pursuant to these Instructions for Bidders, all Bid Proposals and other documents submitted in response to the Call for Bids become a matter of public record and shall be thereupon be considered public records, except for information contained in such Bid Proposals deemed to be Trade Secrets (as defined in California Civil Code §3426.1) and information provided in response to the Statement of Qualifications. A Bidder that indiscriminately marks all or most of its Bid Proposal as exempt from disclosure as a public record, whether by the notations of "Trade Secret," "Confidential," "Proprietary," or otherwise, may result render the Bid Proposal non-responsive and rejected. The District is not liable or responsible for the disclosure of such records, including those exempt from disclosure if disclosure is deemed required by law, by an order of Court, or which occurs through inadvertence, mistake or negligence on the part of the District or its officers, employees or agents. At such time as Bid Proposals are deemed a matter of public record, pursuant to the above, any Bidder or other party shall be afforded access for inspection and/or copying of such Bid Proposals, by request made to the District in conformity with the California Access to Public Records Act, California Government Code §§6250, et. seq. If the District is required to defend or otherwise respond to any action or proceeding wherein request is made for the disclosure of the contents of any portion of a Bid Proposal deemed exempt from disclosure hereunder, the Bidder submitting the materials sought by such action or proceeding agrees to defend, indemnify and hold harmless the District in any action or proceeding from and against any liability, including without limitation attorneys' fees arising therefrom. The party submitting materials sought by any other party shall be solely responsible for the cost and defense in any action or proceeding seeking to compel disclosure of such materials; the District's sole involvement in any such action shall be that of a stakeholder, retaining the requested materials until otherwise ordered by a court of competent jurisdiction.

[END OF SECTION]



BID PROPOSAL

Building 23 Renovation

Bid No. 3009

TO: MT. SAN ANTONIO COMMUNITY COLLEGE DISTRICT, a California Community

College District, acting by and through its Board of Trustees ("the District"), FROM: _____________________________________________

(Name of Bidder) _____________________________________________

(Address) _____________________________________________

(City, State, Zip Code) _____________________________________________

(Telephone) (Fax) __________________________________________________________

(E-Mail Address of Bidder’s Representative(s)) _____________________________________________

(Name(s) of Bidder's Authorized Representative(s)) BID PACKAGE: Building 23 Renovation – Bid #3009 1. Bid Proposal

1.1 Bid Proposal Amount. The undersigned Bidder proposes and agrees to perform the Contract including, without limitation, providing and furnishing any and all of the labor, materials, tools, equipment (including all applicable taxes and transportation costs) and to provide all services necessary to complete in a workmanlike manner all of the Work and other obligations required by the contract documents for the sum of:

Base Bid Amount: $

Allowance Amount: $ $10,000 (allowance for unforeseen conditions)

Total Base Bid + Allowance: $ _____ __________________________________________________________Dollars.

(spell out) Award will be made on Total Base Bid Amount.

BUILDING 23 RENOVATION BID PROPOSAL - 00300 BID #3009 PAGE 1 OF 4


The Bidder confirms that it has checked all of the above figures and understands that neither the District nor any of its agents, employees or representatives shall be responsible for any errors or omissions on the part of the undersigned Bidder in preparing and submitting this Bid Proposal. The undersigned Bidder agrees to achieve Final Completion of the Work and all Major Milestones within the Contract Time set forth in the Contract Documents.

1.2 Acknowledgment of Bid Addenda. The Bidder confirms that this Bid Proposal

incorporates and is inclusive of, all items or other matters contained in Bid Addenda issued by or on behalf of the District.

_____ Addenda Nos. _________________ received, acknowledged (initial) and incorporated into this Bid Proposal.

1.3 DVBE Participation Goal. The Bidder acknowledges that the District has

established a three percent (3%) Participation Goal for Disabled Veteran Business Enterprises. The undersigned Bidder certifies to the District the following (check the appropriate box):

The three percent (3%) DVBE Participation Goal has been achieved The three percent (3%) DVBE Participation Goal has not been achieved, the Bidder has made Good Faith Efforts to achieve the DVBE Participation Goal.

1.4 Alternate Bid Items. The bidder’s price proposal(s) for Alternate Bid Items of the above-identified Bid Package is/are set forth in the form of Alternate Bid Item Proposal included herewith. Price proposal(s) for Alternate Bid Item(s) will not form the basis for the district’s award of the contract for the above-identified Bid Package unless an Alternate Bid Item is incorporated into the scope of work of the Contract awarded for the bid Package.

2. Documents Accompanying Bid. The Bidder has submitted with this Bid Proposal the

following: (a) Alternate Pricing Sheet; (b) Bid Security; (c) Subcontractors List; and (d) Non-Collusion Affidavit. Bidder acknowledges that if this Bid Proposal and the foregoing documents are not fully in compliance with applicable requirements set forth in the Call for Bids, the Instructions for Bidders and in each of the foregoing documents, the Bid Proposal may be rejected as non-responsive.

3. Award of Contract. If the Bidder submitting this Bid Proposal is awarded the Contract,

the undersigned will execute and deliver to the District the Contract in the form attached hereto within ten (10) days after notification of award of the Contract. Concurrently with delivery of the executed Agreement to the District, the Bidder awarded the Contract shall deliver to the District: (a) Certificates of Insurance evidencing all insurance coverages required under the Contract Documents; (b) the Performance Bond; (c) the Labor and Material Payment Bond; (d) the Certificate of Workers’ Compensation Insurance; and (e) the Drug-Free Workplace Certificate. Failure of the Bidder awarded the Contract to strictly comply with the preceding may result in the District’s rescission of the award of the Contract and/or forfeiture of the Bidder’s Bid Security. In such event, the District may, in its sole and exclusive discretion elect to award the Contract to the responsible Bidder submitting the next lowest Bid Proposal, or to reject all Bid Proposals.



4. Contractor's License. The undersigned Bidder is currently and duly licensed in accordance with the California Contractors License Law, California Business & Professions Code §§7000 et seq., under the following:

License Number(s): _____________________ Class _______ Exp. Date ___________ Class ______ Exp. Date ___________

Class _______ Exp. Date ___________ Class ______ Exp. Date ___________

The Bidder hereby certifies that: (a) it is duly licensed, in the necessary class(es), for performing the Work of the Contract Documents; (b) that such license shall be in full force and effect throughout the duration of the performance of the Work under the Contract Documents; and (c) that all Subcontractors providing or performing any portion of the Work shall be so properly licensed to perform or provide such portion of the Work.

5. Rejection of Bid; Holding Open of Bid. It is understood that the District reserves the

right to reject this Bid Proposal and that this Bid Proposal shall remain open and not be withdrawn for the period of time specified in the Call for Bids, except as provided by law.

6. Confirmation of Figures. By submitting this Bid Proposal, the Bidder confirms that it

has checked all of the above figures and understands that neither the District nor any of its agents, employees or representatives shall be responsible for any errors or omissions on the part of the undersigned Bidder in preparing and submitting this Bid Proposal.

7. Acknowledgment and Confirmation. The undersigned Bidder acknowledges its

receipt, review and understanding of the Drawings, the Specifications and other Contract Documents pertaining to the proposed Work. The undersigned Bidder certifies that the Contract Documents are, in its opinion, adequate, feasible and complete for providing, performing and constructing the Work in a sound and suitable manner for the use specified and intended by the Contract Documents. The undersigned Bidder certifies that it has, or has available, all necessary equipment, personnel, materials, facilities and technical and financial ability to complete the Work for the amount bid herein within the Contract Time and in accordance with the Contract Documents.

By: ______________________________________ (Signature)

(Corporate Seal) ____________________________________

(Typed or Printed Name) Title: _____________________________________



ATTACHMENT A ALTERNATE BID ITEM PROPOSAL

BID #3009


Bidders must provide a proposal price for each Alternate Bid Item set forth herein; failure to do so will result in rejection of the Bid Proposal for non-responsiveness. BASIS OF AWARD: After the public opening and reading of the Bids, the District will in its sole and exclusive discretion select all, some or none of the Alternate Bid Items for inclusion in the Contract awarded hereunder. The foregoing notwithstanding, if the District elects to include some, but not all of the Alternate Bid Items in the Contract to be awarded hereunder, the selection of such Alternate Bid Items will be as specified in the Instructions for Bidders. Additive Alternate No. 1: Solatube Daylighting, as indicated within the corresponding plans and specifications.

Add Alt. No. 1 Amount: $_____________________________________________ ________________________________________________________________ Dollars. (spell out)



LIST OF SUBCONTRACTORS

Prime Contractors shall be governed by the provisions of the Subletting and Subcontracting Fair Practice Act (California Public Contract Code §4100 et seq.), and any amendments thereof, and shall set forth below the name, business location, trade, and license number of each subcontractor who will perform work or render services to the Prime Contractor on this project in excess of one-half (1/2) of one percent (1%) of the Prime Contractor’s total bid. Subcontractors listed must be properly licensed for the type of work they are to perform.

Do not list alternate subcontractors for the same work. If a Prime Contractor fails to specify a subcontractor or lists more than one subcontractor for any portion of the work in excess of one-half (1/2) of one percent (1%), Prime Contractor shall be deemed to have agreed that it is fully qualified to perform and will perform that portion of the work itself. No Prime Contractor shall substitute any person as subcontractor in place of the subcontractor listed nor shall any subcontract be assigned or transferred except as provided for in the Subletting and Subcontracting Fair Practice Act.

Prime Contractors in violation of any of the provisions of the Subletting and Subcontracting Fair Practice Act are subject to possible cancellation of the contract and monetary penalties as well as disciplinary action by the Contractors’ State License Board.

Bidders must designate the name, address, trade, and license number of ALL listed Subcontractors and submit with their bid. The listed Subcontractor’s value of his trade or portion of the work may be submitted to the District up to 24 hours after the public opening of the bid.

Licensed Name of Subcontractor Address of Office, Mill or Shop Trade or Portion of Work License No. $$ Value of Work

Name of Bidder: _________________________________________

Authorized Signature:_____________________________________

Building 23 Renovation LIST OF SUBCONTRACTORS – 00310 Bid No. 3009 PAGE 1 OF 2


Licensed Name of Subcontractor Address of Office, Mill or Shop Trade or Portion of Work License No. $$ Value of Work

[Duplicate and attach additional page(s) as needed.] Name of Bidder: _________________________________________

Building 23 Renovation LIST OF SUBCONTRACTORS – 00310 Bid No. 3009 PAGE 2 OF 2


NON-COLLUSION AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF _________________________) BID NO.: 3009 PROJECT: Building 23 Renovation

I, _____________________________________, being first duly sworn, deposes and says that I am the (Typed or Printed Name)

____________________________ of __________________________________________, the party submitting (Title) (Bidder Name)

the foregoing Bid Proposal ("the Bidder"). In connection with the foregoing Bid Proposal, the undersigned declares, states and certifies that:

1. The Bid Proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization or corporation.

2. The Bid Proposal is genuine and not collusive or sham.

3. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or

sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any other bidder or anyone else to put in sham bid, or to refrain from bidding.

4. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or

conference with anyone to fix the bid price, or that of any other bidder, or to fix any overhead, profit or cost element of the bid price or that of any other bidder, or to secure any advantage against the public body awarding the contract or of anyone interested in the proposed contract.

5. All statements contained in the Bid Proposal and related documents are true.

6. The bidder has not, directly or indirectly, submitted the bid price or any breakdown thereof, or the

contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any person, corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

Executed this _____ day of _________________, 20___ at __________________________________.

(City, County and State)

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. _________________________________________________ _______________________________________________________

Signature (Address) __________________________________________________ _______________________________________________________

Name Printed or Typed (City, County and State)

(________) _____________________________________________ (Area Code and Telephone Number)

BUILDING 23 RENOVATION BID #3009

NON-COLLUSION AFFIDAVIT - 00320 PAGE 1 OF 1



BID BOND

KNOW ALL MEN BY THESE PRESENTS that we,

________________________________________________________________, as Surety and

_____________________________________________________, as Principal, are jointly and

severally, along with their respective heirs, executors, administrators, successors and assigns, held and firmly bound unto MT. SAN ANTONIO COMMUNITY COLLEGE DISTRICT, hereinafter "the Obligee,” for payment of the penal sum hereof in lawful money of the United States, as more particularly set forth herein.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT:

WHEREAS, the Principal has submitted the accompanying Bid Proposal to the Obligee

for the Work commonly described as the:


(BID #3009)

WHEREAS, subject to the terms of this Bond, the Surety is firmly bound unto the Obligee in the penal sum of ten percent (10%) of the maximum amount of the Bid Proposal submitted by the Principal to the Obligee, as set forth above.

NOW THEREFORE, if the Principal shall not withdraw said Bid Proposal within the period specified therein after the opening of the same, or, if no period be specified, for sixty (60) days after opening of said Bid Proposal; and if the Principal is awarded the Contract, and shall within the period specified therefor, or if no period be specified, within five (5) days after the prescribed forms are presented to him for signature, enter into a written contract with the Obligee, in accordance with the Bid Proposal as accepted and give such bond(s) with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such Contract and for the payment for labor and materials used for the performance of the Contract, or in the event of the withdrawal of said Bid Proposal within the period specified for the holding open of the Bid Proposal or the failure of the Principal to enter into such Contract and give such bonds within the time specified, if the Principal shall pay the Obligee the difference between the amount specified in said Bid Proposal and the amount for which the Obligee may procure the required Work and/or supplies, if the latter amount be in excess of the former, together with all costs incurred by the Obligee in again calling for Bids, then the above obligation shall be void and of no effect, otherwise to remain in full force and effect.

Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or the Call for Bids, the Work to be performed thereunder, the Drawings or the Specifications accompanying the same, or any other portion of the Contract Documents shall in no way affect its obligations under this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of said Contract, the Call for Bids, the Work, the Drawings or the Specifications, or any other portion of the Contract Documents. BUILDING 23 RENOVATION Bid Bond - 00350 Bid #3009 Page 1 of 2


In the event suit or other proceeding is brought upon this Bond by the Obligee, the Surety shall pay to the Obligee all costs, expenses and fees incurred by the Obligee in connection therewith, including without limitation, attorneys fees. IN WITNESS WHEREOF, THE Principal and Surety have executed this instrument by their duly authorized agents or representatives on this ________ day of __________________, 20_____ .

_________________________________________ (Principal’s Corporate Seal) (Principal Name)

By:______________________________________

_________________________________________ (Typed or Printed Name)

Title: ____________________________________

_________________________________________ (Surety’s Corporate Seal) (Surety Name)

( ) __________________________________ (Area Code and Telephone Number of Surety)

By:______________________________________ (Signature of Attorney-in-Fact for Surety)

_________________________________________

(Attach Attorney-in-Fact Certificate) (Typed or Printed Name)

_________________________________________ (Attorney-in-Fact Telephone)

_________________________________________ (Attorney-in-Fact Street Address)

_________________________________________

(Attorney-in-Fact City, State and Zip Code)

BUILDING 23 RENOVATION Bid Bond - 00350 Bid #3009 Page 2 of 2

PRE-BID CLARIFICATION FORM

MT. SAN ANTONIO COLLEGEPRE-BID CLARIFICATION FORM - 00360

BID # 3009 - Building 23 Re Renovation Bidder:

DRAWING REFERENCE DETAIL REFERENCE SPEC REFERENCE

REQUEST FOR INFORMATION DRAWING OR SKETCH ATTACHED PAGES

Reviewed By Mt. SAC Project Manager: Date:

CONTRACTOR PROPOSED SOLUTION

RESPONSE DRAWING OR SKETCH ATTACHED PAGES

Response By (Architect): Date:

Received By Mt. SAC Project Manager: Date:

All requests for clarification of the Bid Documents must be submitted to the District at the fax number listed below no later than ten (10) days prior to the scheduled time for receipt of Bid Proposals. Clarifications and/or corrections will be by written addendum issued by the District, a copy of which

will be sent to each Bidder who attends the mandatory pre-bid job walk.

FAX THIS FORM TO: Caryn Cowin, Project Manager, at (909) 274-5173


AGREEMENT [SAMPLE]

THIS AGREEMENT is made this ____ day of _______________, 20__, in the City of Walnut, County of Los Angeles, State of California, by and between MT. SAN ANTONIO COMMUNITY COLLEGE DISTRICT, a California Community College District ("District") and ___________________ ("Contractor").

WITNESSETH, that the District and the Contractor in consideration of the mutual covenants contained herein agree as follows: 1. The Work. Within the Contract Time and for the Contract Price, subject to

adjustments thereto pursuant to the Contract Documents, the Contractor shall perform and provide all necessary labor, materials, tools, equipment, utilities, services and transportation to complete in a workmanlike manner all of the Work required in connection with the work of improvement commonly referred to as


BID # 3009

Contractor shall complete all Work covered by the Contract Documents, including without limitation, the Drawings and Specifications prepared by the Architect, and other Contract Documents enumerated in Article 5 below, along with all modifications and addenda thereto issued in accordance with the Contract Documents.

2. Contract Time. The Work shall be commenced on the date stated in the

District's Notice to Proceed; the Contractor shall achieve Final Completion of the Work within the Contract Time set forth in the Contract Documents.

3. Contract Price. The District shall pay the Contractor as full consideration for the

Contractor's full, complete and faithful performance of the Contractor's obligations under the Contract Documents, subject to adjustments of the Contract Price in accordance with the Contract Documents, the Contract Price of ________________________________________ Dollars ($_______________). The Contract Price is based upon the Contractor's Base Bid Proposal and the following Alternate Bid Items, if any:

The District's payment of the Contract Price shall be in accordance with the Contract Documents.

4. Liquidated Damages. If the Contractor fails to achieve Final Completion of the

Work within the Contract Time, including adjustments thereto authorized by the Contract Documents, the Contractor shall be subject to assessment of Liquidated Damages in accordance with the Contract Documents. Failure of the Contractor to complete Major Milestones or to submit Submittals within the time(s) established to do so will result in the District’s assessment of Liquidated Damages in accordance with the Contract Documents.

BUILDING 23 RENOVATION AGREEMENT - 00400 BID #3009 PAGE 1 OF 3


5. The Contract Documents. The documents forming a part of the Contract Documents consist of the following, all of which are component parts of the Contract Documents.

Notice to Contractors Calling For Bids Instructions For Bidders Bid Proposal Subcontractors List Non-Collusion Affidavit Bid Bond Bid Addenda, if any Bid Alternates, if any Agreement Change Orders/Amendments, if any Performance Bond Labor and Materials Payment Bond Drug-Free Workplace Certification Certification of Workers Compensation Insurance Certificates of Insurance General Conditions Supplemental Conditions Specifications Drawings Guarantee

6. Notices. Any notice relevant to this Agreement shall conform to the

requirements of Section 16.9 of the General Conditions, and shall be addressed to the signatories listed below. The District shall timely notify Contractor of any third-party claim related to this Agreement as set forth in Section 16.9 of the General Conditions.

7. Authority to Execute. The individual(s) executing this Agreement on behalf of

the Contractor is/are duly and fully authorized to execute this Agreement on behalf of Contractor and to bind the Contractor to each and every term, condition and covenant of the Contract Documents.

CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY THE CONTRACTORS' STATE LICENSE BOARD. ANY QUESTIONS CONCERNING A CONTRACTOR MAY BE REFERRED TO THE REGISTRAR, CONTRACTORS' STATE LICENSE BOARD, P.O. BOX 2600, SACRAMENTO, CALIFORNIA 95826



IN WITNESS WHEREOF, this Agreement has been duly executed by the District and the Contractor as of the date set forth above. DISTRICT CONTRACTOR Mt. San Antonio Community College District 1100 North Grand Avenue Walnut, CA 91789 (909) 594-5611; fax (909) 468-4025 By: ________________________________ By: __________________________ Michael D. Gregoryk Name: _______________________ Vice President, Administrative Services Title: _________________________ (Corporate Seal)



PERFORMANCE BOND [Sample]

KNOW ALL MEN BY THESE PRESENT, that we, ___________________________________________, as Principal, and _____________________________________________________________, as Surety, are held and firmly bound along with our respective heirs, executors, administrators, successors and assigns, jointly and severally, unto MT. SAN ANTONIO COMMUNITY COLLEGE DISTRICT, hereinafter “Obligee,” for payment of the penal sum of ________________________________________________________________________ Dollars ($________________) in lawful money of the United States, as more particularly set forth herein. THE CONDITION OF THIS OBLIGATION IS SUCH THAT: WHEREAS, the Obligee, by resolution of its Board of Trustees, has awarded to the Principal a Contract for the Work commonly described as:


(BID #3009) WHEREAS, the Principal has entered into a Contract with the Obligee for performance of the Work; the Agreement and all other Contract Documents set forth therein are incorporated herein and made a part hereof by this reference. WHEREAS, by the terms of the Contract Documents, the Principal is required to furnish a bond ensuring the Principal’s prompt, full and faithful performance of the Work of the Contract Documents. NOW THEREFORE, if the Principal shall promptly, fully and faithfully perform each and all of the obligations and things to be done and performed by the Principal in strict accordance with the terms of the Contract Documents as they may be modified or amended from time to time; and if the Principal shall indemnify and save harmless the Obligee and all of its officers, agents and employees from any and all losses, liability and damages, claims, judgments, liens, costs, and fees of every description, which may be incurred by the Obligee by reason of the failure or default on the part of the Principal in the performance of any or all of the terms or the obligations of the Contract Documents, including all modifications, and amendments, thereto, and any warranties or guarantees required thereunder; then this obligation shall be void; otherwise, it shall be, and remain, in full force and effect. The Surety, for value received, hereby stipulates and agrees that no change, adjustment of the Contract Time, adjustment of the Contract Price, alterations, deletions, additions, or any other modifications to the terms of the Contract Documents, the Work to be performed thereunder, or to the Specifications or the Drawings shall limit, restrict or otherwise impair Surety’s obligations or Obligee’s rights hereunder; Surety hereby waives notice from the Obligee of any such changes, adjustments of Contract Time, adjustments of Contract Price, alterations, deletions, additions or other modifications to the Contract Documents, the Work to be performed under the Contract Documents, or the Drawings or the Specifications. In the event of the Obligee’s termination of the Contract due to the Principal’s breach or default of the Contract Documents, within twenty (20) days after written notice from the Obligee to the Surety of the Principal’s breach or default of the Contract Documents and Obligee’s termination of the Contract, the Surety shall notify Obligee in writing of Surety’s assumption of obligations hereunder by its election to either remedy the default or breach of the Principal or to take charge of the Work of the Contract Documents and complete the Work at its own expense (“Notice of Election”); provided, however, that the procedure by which the Surety undertakes to discharge its obligations under this Bond shall be subject to the advance written approval of the Obligee, which approval shall not be unreasonably withheld, limited or

BUILDING 23 RENOVATION PERFORMANCE BOND - 00420 BID #3009 PAGE 1 OF 2

MT. SAN ANTONIO COLLEGE restricted. The insolvency of the Principal or the Principal’s mere denial of a failure of performance or default under the Contract Documents shall not by itself, without the Surety’s prompt, diligent inquiry and investigation of such denial, be justification for Surety’s failure to give the Notice of Election or for its failure to promptly remedy the failure of performance or default of the Principal or to complete the Work. In the event the Surety shall fail to issue its Notice of Election to Obligee within the time provided for herein above, the Obligee may thereafter cause the cure or remedy of the Principal's failure of performance or default or to complete the Work. The Principal and the Surety shall be each jointly and severally liable to the Obligee for all damages and costs sustained by the Obligee as a result of the Principal’s failure of performance under the Contract Documents or default in its performance of obligations thereunder, including without limitation the costs of cure or completion exceeding the then remaining balance of the Contract Price; provided that the Surety’s liability hereunder for the costs of performance, damages and other costs sustained by the Obligee upon the Principal’s failure of performance under or default under the Contract Documents shall be limited to the penal sum hereof, which shall be deemed to include the costs or value of any Changes of any Work which increases the Contract Price. In the event that suit or other proceeding is brought upon this Bond by the Obligee, the Surety shall pay to the Obligee all costs, expenses and fees incurred by the Obligee in connection therewith, including without limitation, attorneys’ fees. IN WITNESS WHEREOF, the Principal and Surety have executed this instrument this ___________ day of __________________________, 20_____ by their duly authorized agents or representatives. PRINCIPAL: _____________________________________________ (Corporate Seal) (Principal Name) By: __________________________________________ (Signature) _____________________________________________ (Typed or Printed Name) _____________________________________________ (Title) SURETY: _____________________________________________ (Corporate Seal) (Surety Name) By: __________________________________________ (Signature) _____________________________________________ (Attach Attorney-in-Fact Certificate) (Typed or Printed Name of Attorney-in-Fact) _____________________________________________ (Address) _____________________________________________ (Telephone Number)

BUILDING 23 RENOVATION PERFORMANCE BOND - 00420 BID #3009 PAGE 2 OF 2


LABOR AND MATERIAL PAYMENT BOND [Sample]

KNOW ALL MEN BY THESE PRESENT, that we, ___________________________________________, as Principal, and _____________________________________________________________, as Surety, are held and firmly bound along with our respective heirs, executors, administrators, successors and assigns, jointly and severally, unto MT. SAN ANTONIO COMMUNITY COLLEGE DISTRICT, hereinafter “Obligee,” for payment of the penal sum of ____________________________________________________________ Dollars ($________________) in lawful money of the United States, as more particularly set forth herein. THE CONDITION OF THIS OBLIGATION IS SUCH THAT: WHEREAS, the Obligee, by resolution of its Board of Trustees, has awarded to the Principal a Contract for the Work commonly described as:


(BID #3009) WHEREAS, the Principal has entered into a Contract with the Obligee for performance of the Work; the Agreement and all other Contract Documents set forth therein are incorporated herein and made a part hereof by this reference. WHEREAS, by the terms of the Contract Documents, the Principal is required to furnish a bond for the prompt, full and faithful payment to any Claimant, as hereinafter defined, for all labor, materials or services used, or reasonably required for use, in the performance of the Work. NOW THEREFORE, if the Principal shall promptly, fully and faithfully make payment to any Claimant for all labor, materials or services used or reasonably required for use in the performance of the Work, then this obligation shall be void; otherwise, it shall be, and remain, in full force and effect. The term “Claimant” shall refer to any person, corporation, partnership, proprietorship or other entity including without limitation, all persons and entities described in California Civil Code §3181, providing or furnishing labor, materials or services used or reasonably required for use in the performance of the Work under the Contract Documents, without regard for whether such labor, materials or services were sold, leased or rented. This Bond shall inure to the benefit of all Claimants so as to give them, or their assigns and successors, a right of action upon this Bond. In the event that suit is brought on this Bond by any Claimant for amounts due such Claimant for labor, materials or services provided or furnished by such Claimant, the Surety shall pay for the same and reasonable attorneys’ fees pursuant to California Civil Code §3250. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, deletion, addition, or any other modification to the terms of the Contract Documents, the Work to be performed thereunder, the Specifications or the Drawings, or any other portion of the Contract Documents, shall in any way limit, restrict or otherwise affect its obligations under this Bond; the Surety hereby waives notice form the Obligee of any such change, extension of time, alteration, deletion, addition or other modification to the Contract Documents, the Work to be performed under the Contract Documents, the Drawings or the Specifications of any other portion of the Contract Documents.

BUILDING 23 RENOVATION LABOR & MATERIAL PAYMENT BOND - 00430 BID #3009 PAGE 1 OF 2


IN WITNESS WHEREOF, the Principal and Surety have executed this instrument this ___________ day of __________________________, 20_____ by their duly authorized agents or representatives. PRINCIPAL: _____________________________________________ (Corporate Seal) (Principal Name) By: __________________________________________ (Signature) _____________________________________________ (Typed or Printed Name) _____________________________________________ (Title) SURETY: _____________________________________________ (Corporate Seal) (Surety Name) By: __________________________________________ (Signature) _____________________________________________ (Attach Attorney-in-Fact Certificate) (Typed or Printed Name of Attorney-in-Fact) _____________________________________________ (Address) _____________________________________________ (Telephone Number)

BUILDING 23 RENOVATION LABOR & MATERIAL PAYMENT BOND - 00430 BID #3009 PAGE 2 OF 2


CERTIFICATE OF WORKERS' COMPENSATION INSURANCE

I, the ______________________________ (Name) (Title)

of ,declare, state and certify that: (Contractor Name)

1. I am aware that California Labor Code §3700(a) and (b) provides:

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

(a) By being insured against liability to pay

compensation in one or more insurers duly authorized to write compensation insurance in this state.

(b) By securing from the Director of Industrial Relations

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

2. I am aware that the provisions of California Labor Code §3700 require

every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of this Contract. ________________________________________

(Contractor Name) By:______________________________________

(Signature) _________________________________________ (Typed or printed name)

BUILDING 23 RENOVATION WORKERS' COMP CERTIFICATE - 00440 BID #3009 PAGE 1 OF 1


DRUG-FREE WORKPLACE CERTIFICATION

I, __________________________________, am the __________________________ of (Print Name) (Title)

_________________________________________, I declare, state and certify to all of the following:

(Contractor Name)

1. I am aware of the provisions and requirements of California Government Code §§8350 et seq., the Drug Free Workplace Act of 1990.

2. I am authorized to certify, and do certify, on behalf of Contractor that a drug free workplace will be provided by Contractor by doing all of the following:

A. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited in Contractor's workplace and specifying actions which will be taken against employees for violation of the prohibition;

B. Establishing a drug-free awareness program to inform employees about all of the following:

i. The dangers of drug abuse in the workplace;

ii. Contractor's policy of maintaining a drug-free workplace;

iii. The availability of drug counseling, rehabilitation and employee-assistance programs; and

iv. The penalties that may be imposed upon employees for drug abuse violations;

C. Requiring that each employee engaged in the performance of the Contract be given a copy of the statement required by subdivision (A), above, and that as a condition of employment by Contractor in connection with the Work of the Contract, the employee agrees to abide by the terms of the statement.

D. Contractor agrees to fulfill and discharge all of Contractor's obligations under the terms and requirements of California Government Code §8355 by, inter alia, publishing a statement notifying employees concerning: (a) the prohibition of any controlled substance in the workplace, (b) establishing a drug-free awareness program, and (c) requiring that each employee engaged in the performance of the Work of the Contract be given a copy of the statement required by California Government Code §8355(a) and requiring that the employee agree to abide by the terms of that statement.

BUILDING 23 RENOVATION DRUG FREE CERTIFICATION - 00450 BID #3009 PAGE 1 OF 2


3. Contractor and I understand that if the District determines that Contractor has either: (a)

made a false certification herein, or (b) violated this certification by failing to carry out and to implement the requirements of California Government Code §§8355, the Contract awarded herein is subject to termination, suspension of payments, or both. Contractor and I further understand that, should Contractor violate the terms of the Drug-Free Workplace Act of 1990, Contractor may be subject to debarment in accordance with the provisions of California Government Code §§8350, et seq.

4. Contractor and I acknowledge that Contractor and I are aware of the provisions of California Government Code §§8350, et seq. and hereby certify that Contractor and I will adhere to, fulfill, satisfy and discharge all provisions of and obligations under the Drug-Free Workplace Act of 1990.

I declare under penalty of perjury under the laws of the State of California that all of the foregoing is true and correct. Executed at this ____day of

(City and State) ________________, 20____.

________________________________________ (Signature)

________________________________________ (Handwritten or Typed Name)

BUILDING 23 RENOVATION DRUG FREE CERTIFICATION - 00450 BID #3009 PAGE 2 OF 2

GENERAL CONDITIONS

Bid #3009 Section 00700 – General Conditions Rev. 1/2015 Page 1 of 60

GENERAL CONDITIONS TABLE OF CONTENTS

ARTICLE 1: DEFINITIONS; GENERAL 1.1 Architect. 1.2 Construction Equipment. 1.3 Project Manager. 1.4 Contract Documents. 1.5 Contractor Document Terms. 1.6 Contractor. 1.7 Contractor’s Superintendent. 1.8 Days. 1.9 Defective or Non-Conforming Work. 1.10 Deferred Approval Items. 1.11 Delivery. 1.12 District. 1.13 Division of State Architect “DSA”). 1.14 Drawings and Specifications. 1.15 Field Clarifications. 1.16 Intent and Correlation of Contract

Documents. 1.16.1 Work of the Contract Documents. 1.16.2 Technical Terms. 1.16.3 Conflict in Contract Documents.

1.17 Material Supplier. 1.18 Notice to Proceed. 1.19 Progress Reports; Verified Reports. 1.20 Project. 1.21 Project Inspector. 1.22 Record Drawings. 1.23 Shop Drawings; Samples; Product Data

(“Submittals”). 1.24 Site. 1.25 Supplemental Conditions; Special

Conditions. 1.26 Subcontractors; Sub-Subcontractors. 1.27 Surety. 1.28 Work. ARTICLE 2: DISTRICT 2.1 Information Required of District.

2.1.1 Surveys; Site Information. 2.1.2 Permits; Fees. 2.1.3 Drawings and Specifications. 2.1.4 Furnishing of Information.

2.2 District’s Right to Stop the Work. 2.3 Partial Occupancy or Use.

2.3.1 District’s Right to Partial Occupancy. 2.3.2 No Acceptance of Defective or

Nonconforming Work. 2.4 The Project Inspector.

2.4.1 Access to Work.

2.4.2 Limitations on Project Inspector. 2.5 District’s Right to Audit

ARTICLE 3: ARCHITECT; PROJECT

MANAGER. 3.1 Administration of the Contract.

3.1.1 Architect and Project Manager Administration of Contract.

3.1.2 Periodic Site Inspections. 3.1.3 Contractor Responsibility for

Construction Means, Methods and Sequences.

3.1.4 Review of Applications for Payment. 3.1.5 Rejection of Work. 3.1.6 Submittals.

3.1.6.1 Processing of Submittals through Construction Manager.

3.1.6.2 Architect’s Review. 3.1.6.3 Time for Architect’s Review.

3.1.7 Changes to the Work; Change Orders. 3.1.8 Completion. 3.1.9 Interpretation of Contract Documents.

3.2 Termination of Architect; Substitute Architect.

ARTICLE 4: THE CONTRACTOR. 4.1 Communications. 4.2 Contractor Review of Contract Documents.

4.2.1 Examination of Contract Documents. 4.2.2 Field Measurements. 4.2.3 Dimensions; Layouts and Field

Engineering. 4.2.4 Request for Information. 4.2.5 Work in Accordance with Contract

Documents. 4.3 Site Investigations; Subsurface

Conditions 4.3.1 Contractor Investigation. 4.3.2 Subsurface Data. 4.3.3 Subsurface Conditions. 4.3.4 Trenching

4.4 Supervision and Construction Procedures. 4.4.1 Supervision of the Work. 4.4.2 Responsibility for the Work. 4.4.3 Surveys. 4.4.4 Construction Utilities. 4.4.5 Existing Utilities; Removal, Relocation

and Protection. 4.4.6 Conferences and Meetings.

4.4.6.1 Pre-Construction Conference. 4.4.6.2 Progress Meetings.


4.4.6.3 Special Meetings. 4.4.6.4 Minutes of Meetings.

4.4.7 Temporary Sanitary Facilities. 4.4.8 Use of Site. 4.4.9 Limitations Upon Site Activities 4.4.10 Noise and Dust Control.

4.4.10.1 Noise Control. 4.4.10.2 Dust Control. 4.4.10.3 Contractor Failure to Comply.

4.4.11 Cutting and Patching. 4.4.12 Clean Up. 4.4.13 Access to the Work. 4.4.14 Information to Project Inspector.

4.5 Labor and Materials. 4.5.1 Payment for Labor, Materials and

Services. 4.5.2 Employee Discipline. 4.5.3 Contractor’s Superintendent. 4.5.4 Prohibition on Harassment.

4.5.4.1 District’s Policy Prohibiting Harassment.

4.5.4.2 Contractor’s Adoption of Anti-Harassment Policy.

4.5.4.3 Prohibition on Harassment at the Site.

4.6 Taxes. 4.7 Permits, Fees and Notices; Compliance

with Laws. 4.7.1 Payment of Permits; Fees. 4.7.2 Licenses. 4.7.3 Compliance With Laws. 4.7.4 Notice of Variance From Laws.

4.8 Submittals. 4.8.1 Purpose of Submittals. 4.8.2 Contractor’s Submittals.

4.8.2.1 Prompt Submittals. 4.8.2.2 Approval of Subcontractor

Submittals. 4.8.2.3 Verification of Submittal

Information. 4.8.2.4 Information Included in

Submittals. 4.8.2.5 Contractor Responsibility for

Deviations. 4.8.2.6 No Performance of Work

Without Architect Review. 4.8.3 Architect Review of Submittals. 4.8.4 Deferred Approval Items.

4.9 Materials and Equipment. 4.9.1 Specified Materials, Equipment. 4.9.2 Approval of Substitutions or

Alternatives.

4.9.3 Placement of Material and Equipment Orders.

4.9.4 District’s Right to Place Orders for Materials and/or Equipment.

4.10 Safety. 4.10.1 Safety Programs. 4.10.2 Safety Precautions. 4.10.3 Safety Signs, Barricades. 4.10.4 Safety Notices. 4.10.5 Safety Coordinator. 4.10.6 Emergencies; First Aid. 4.10.7 Hazardous Materials.

4.10.7.1 General. 4.10.7.2 Prohibition on Use of Asbestos

Construction Building Materials (“ACBMs”)

4.10.7.3 Disposal of Hazardous Materials.

4.10.7.4 Encountering of Hazardous Materials.

4.10.7.5 Material Safety Data Sheets. 4.10.7.6 Compliance with Proposition 65.

4.11 Maintenance of Documents. 4.11.1 Documents at Site. 4.11.2 Maintenance of Record Drawings.

4.12 Wage Rates; Employment of Labor.

4.12.1 Limited Exemption 4.12.2 Payment of Prevailing Rates. 4.12.3 Determination of Prevailing Rates. 4.12.4 Posting of Prevailing Wage Rates. 4.12.5 Prevailing Rate Penalty. 4.12.6 Payroll Records. 4.12.7 Prevailing Wage Rate Monitoring and

Enforcement 4.12.8 Public Records Requests. 4.12.9 Penalty for Non-Compliance. 4.12.10 Hours of Work.

4.12.10.1 Limits on Hours of Work. 4.12.10.2 Penalty for Excess Hours. 4.12.10.3 Contractor Responsibility.

4.12.11 Apprentices. 4.12.11.1 Employment of

Apprentices. 4.12.11.2 Apprenticeship Certificate. 4.12.11.3 Ration of Apprentices to

Journeymen. 4.12.11.4 Exemption from Ratios. 4.12.11.5 Contributions to Trust

Funds.

4.12.11.6 Contractor’s Compliance.


4.12.12 Employment of Independent Contractors.

4.13 Assignment of Antitrust Claims. 4.14 Patents and Royalties. ARTICLE 5: SUBCONTRACTORS 5.1 Subcontracts. 5.2 Substitution of Listed Subcontractor.

5.2.1 Substitution Process. 5.2.2 Responsibilities of Contractor Upon

Substitution of Subcontractor. 5.3 Subcontractors’ Work. ARTICLE 6: INSURANCE; INDEMNITY; BOND 6.1 Workers’ Compensation Insurance;

Employer’s Liability Insurance. 6.2 Commercial General and Automobile

Liability Insurance. 6.3 Builder’s Risk Insurance. 6.4 Insurance Policy Requirements.

6.4.1 Minimum Coverage Amounts. 6.4.2 Required Qualifications of Insurers.

6.5 Evidence of Insurance; Subcontractor’s Insurance.

6.5.1 Certificates of Insurance. 6.5.2 Certificates of Insurance Endorsement. 6.5.3 Subcontractors’ Insurance. 6.5.4 Waiver of Subrogation.

6.6 Maintenance of Insurance. 6.7 Contractor’s Insurance Primary. 6.8 Indemnity. 6.9 Payment Bond; Performance Bond. ARTICLE 7: CONTRACT TIME 7.1 Completion of the Work Within Contract

Time. 7.2 Progress and Completion of the Work.

7.2.1 Time of Essence. 7.2.2 Substantial Completion. 7.2.3 Correction or Completion of the Work

After Substantial Completion. 7.2.3.1 Punchlist. 7.2.3.2 Time for Completing Punchlist

Items. 7.2.4 Final Completion. 7.2.5 Contractor Responsibility for Multiple

Inspections. 7.2.6 Final Acceptance.

7.3 Construction Schedule. 7.3.1 Submittal of Preliminary Construction

Schedule. 7.3.2 Review of Preliminary Construction

Schedule.

7.3.3 Preparation and Submittal of Contract Construction Schedule.

7.3.4 Revisions to Approved Construction Schedule.

7.3.5 Updates to Approved Construction Schedule.

7.3.6 Contractor Responsibility for Construction Schedule.

7.4 Adjustment of Contract Time. 7.4.1 Excusable Delays. 7.4.2 Compensable Delays. 7.4.3 Unexcusable Delays. 7.4.4 Adjustment of Contract Time.

7.4.4.1 Procedure for Adjustment of Contract Time.

7.4.4.2 Limitations Upon Adjustment of Contract Time on Account of Delays.

7.5 Liquidated Damages. ARTICLE 8: CONTRACT PRICE 8.1 Contract Price. 8.2 Cost Breakdown. 8.3 Progress Payments.

8.3.1 Applications for Progress Payments. 8.3.2 District’s Review of Applications for

Progress Payments. 8.3.3 Architect and Project Inspector Review

of Applications for Progress Payments. 8.3.4 District’s Disbursement of Progress

Payments. 8.3.4.1 Timely Disbursement of

Progress Payments. 8.3.4.2 Untimely Disbursement of

Progress Payments. 8.3.4.3 District’s Right to Disburse

Progress Payments by Joint Checks.

8.3.4.4 No Waiver of Defective or Non-Conforming Work.

8.3.5 Progress Payments for Changed Work. 8.3.6 Materials or Equipment Not Incorporated

Into the Work. 8.3.6.1 Limitations Upon Payment. 8.3.6.2 Materials or Equipment

Delivered and Stored at the Site. 8.3.6.3 Materials or Equipment Not

Delivered or Stored at the Site. 8.3.6.4 Materials or Equipment in

Fabrication or Transit. 8.3.7 Exclusions From Progress Payments. 8.3.8 Title to Work. 8.3.9 Substitute Security for Retention.

8.4 Final Payment.


8.4.1 Application for Final Payment. 8.4.2 Conditions Precedent to Disbursement

of Final Payment. 8.4.3 Disbursement of Final Payment. 8.4.4 Waiver of Claims. 8.4.5 Claims Asserted After Final Payment.

8.5 Withholding of Payments. 8.6 Payments to Subcontractors.

ARTICLE 9: CHANGES 9.1 Changes in the Work. 9.2 Oral Order of Change in the Work. 9.3 Contractor Submittal of Data. 9.4 Adjustments to Contract Price and

Contract Time on Account of Changes to the Work.

9.4.1 Adjustment to Contract Price. 9.4.1.1 Mutual Agreement. 9.4.1.2 Determination by the District. 9.4.1.3 Basis for Adjustment of Contract

Price. 9.4.1.3.1 Labor. 9.4.1.3.2 Materials and

Equipment. 9.4.1.3.3 Construction

Equipment. 9.4.1.3.4 Mark-up on Costs of

Changes to the Work. 9.4.1.3.5 Contractor

Maintenance of Records. 9.4.2 Adjustment to Contract Time. 9.4.3 Addition or Deletion of Alternate Bid

Item(s). 9.5 Change Orders. 9.6 Contractor Notice of Changes. 9.7 Disputed Changes. 9.8 Emergencies. 9.9 Minor Changes in the Work. 9.10 Unauthorized Changes. ARTICLE 10: SEPARATE CONTRACTORS 10.1 District’s Right to Award Separate

Contracts. 10.2 District’s Coordination of Separate

Contractors. 10.3 Mutual Responsibility. 10.4 Discrepancies or Defects. ARTICLE 11: TESTS AND INSPECTIONS 11.1 Tests; Inspections; Observations.

11.1.1 Contractor’s Notice. 11.1.2 Costs of Tests and Inspections.

11.1.3 Testing/Inspector Laboratory. 11.1.4 Additional Tests, Inspections and

Approvals. 11.2 Delivery of Certificates. 11.3 Timeliness of Tests, Inspections and

Approvals. ARTICLE 12: UNCOVERING AND CORRECTION

OF WORK 12.1 Inspection of the Work.

12.1.1 Access to the Work. 12.1.2 Limitations Upon Inspections.

12.2 Uncovering of Work. 12.3 Rejection of Work. 12.4 Correction of Work. 12.5 Removal of Non-Conforming or Defective

Work. 12.6 Failure of Contractor to Correct Work. 12.7 Acceptance of Defective or Non-

Conforming Work. ARTICLE 13: WARRANTIES 13.1 Workmanship and Materials. 13.2 Warranty Work. 13.3 Guarantee. 13.4 Survival of Warranties. ARTICLE 14: SUSPENSION OF WORK 14.1 District’s Right to Suspend Work. 14.2 Adjustments to Contract Price and

Contract Time. ARTICLE 15: TERMINATION 15.1 Termination for Cause.

15.1.1 District’s Right to Terminate. 15.1.2 District’s Rights Upon Termination. 15.1.3 Completion by the Surety. 15.1.4 Assignment and Assumption of

Subcontracts. 15.1.5 Costs of Completion. 15.1.6 Contractor Responsibility for Damages. 15.1.7 Conversion to Termination for

Convenience. 15.1.8 District’s Right to Cumulative.

15.2 Termination for Convenience of the District.

ARTICLE 16: MISCELLANEOUS 16.1 Governing Law. 16.2 Marginal Headings; Interpretation. 16.3 Successors and Assigns.


16.4 Cumulative Rights and Remedies; No Waiver.

16.5 Severeability. 16.6 No Assignment by Contractor. 16.7 Gender and Number. 16.8 Independent Contractor Status. 16.9 Notices. 16.10 Dispute; Continuation of Work. 16.11 Dispute Resolution; Arbitration.

16.11.1 Claims Under $375,000.00. 16.11.2 Arbitration. 16.11.3 Inapplicability to Bid Bond.

16.12 Capitalization of Terms. 16.13 Attorneys Fees. 16.14 Provisions Required by Law Deemed

Inserted. 16.15 Days. 16.16 Prohibited Interests. 16.17 Entire Agreement.



GENERAL CONDITIONS

ARTICLE 1: DEFINITIONS; GENERAL

1.1 Architect. The Architect is the person or entity identified as such in the Agreement; references to the "Architect" include the Architect's authorized representative.

1.2 Construction Equipment. "Construction Equipment" is equipment utilized for the performance of any portion of the Work, but which is not incorporated into the Work.

1.3 Project Manager. The Project Manager, if any, is the individual or entity designated as such in the Supplemental General Conditions. The Project Manager may be an independent contractor retained by the District and is authorized and empowered to act on behalf of the District. The removal or replacement of the designated Project Manager shall not result in adjustment of the Contract Price or the Contract Time or otherwise affect, limit or restrict Contractor’s obligations hereunder.

1.4 Contract Documents. The Contract Documents consist of the Agreement between the District and the Contractor, Conditions of the Contract (whether General, Special, Supplemental or otherwise), Drawings, Specifications, including addenda thereto issued prior to execution of the Agreement and any other documents listed in the Agreement. The Contract Documents shall include modifications issued after execution of the Agreement. The Contract Documents form the Contract for Construction.

1.5 Contract Document Terms. The term "provide" means "provide complete in place" or to "furnish and install" such item. Unless otherwise provided in the Contract Documents, the terms "approved;" "directed;" "satisfactory;" "accepted;" "acceptable;" "proper;" "required;" "necessary" and "equal" shall mean as approved, directed, satisfactory, accepted, acceptable, proper, required, necessary and equal, in the opinion of the Architect. The term "typical" as used in the Drawings shall require the installation or furnishing of such item(s) of the Work designated as "typical" in all other areas similarly marked as "typical”; Work in such other areas shall conform to that shown as "typical" or as reasonably inferable therefrom.

1.6 Contractor. The Contractor is the person or entity identified as such in the Agreement; references to "Contractor" include the Contractor's authorized representative.

1.7 Contractor's Superintendent. The Contractor's Superintendent is the individual employed by the Contractor whose principal responsibility shall be the supervision and coordination of the Work; the Contractor's Superintendent shall not perform routine construction labor.

1.8 Days. Unless otherwise expressly stated, references to “days” in the contract Documents shall be deemed to be calendar days.

1.9 Defective or Non-Conforming Work. Defective or non-conforming Work is any Work which is unsatisfactory, faulty or deficient by: (a) not conforming to the requirements of the Contract Documents; (b)not conforming to the standards of workmanship of the applicable trade or industry; (c) not being in compliance with the requirements of any inspection, reference, standard, test, or approval required by the Contract Documents; or (d) damage occurring prior to Final Completion of all of the Work.

1.10 Deferred Approval Items. Deferred approval items are those items that shall not be started until detailed plans, specifications, and engineering calculations have been accepted and signed by the Architect or Engineer.

1.11 Delivery. The term “delivery” used in conjunction with any equipment, materials or other items to be incorporated into the Work shall mean the unloading and storage in a protected condition pending incorporation into the Work.



1.12 District. The "District" refers to MT. SAN ANTONIO COMMUNITY COLLEGE DISTRICT and unless otherwise stated, includes the District's authorized representatives, including the Project Manager, the District's Board of Trustees and the District’s officers, employees, agents and representatives.

1.13 Division of State Architect ("DSA"). The DSA is the California Division of the State Architect including without limitation the DSA's Office of Construction Services, Office of Design Services and the Office of Regulatory Services; references to the DSA in the Contract Documents shall mean the DSA, its offices and its authorized employees and agents. The authority of the DSA over the Work and the performance thereof shall be as set forth in the Contract Documents and Title 24 of the California Code of Regulations.

1.14 Drawings and Specifications. The Drawings are the graphic and pictorial portions of the Contract Documents, wherever located and whenever issued, showing generally, the design, location and dimensions of the Work and may include without limitation, plans, elevations, sections, details, schedules or diagrams. The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, construction systems, standards, criteria and workmanship for the Work and related services. The Drawings and Specifications are intended to delineate and describe the Work and its component parts so as to permit skilled and competent contractors to bid upon the Work and prosecute the same to completion. Large scale Drawings shall take precedence over smaller scale Drawings as to shape and details of construction. Figured dimensions on Drawings shall govern, but Work which is not dimensioned shall be as directed or required by field conditions. Specifications shall govern as to materials, workmanship and installation procedures.

1.15 Field Clarifications. A written or graphic document consisting of supplementary details, instructions or information issued on behalf of the District which clarifies or supplements the Contract Documents and which becomes a part of the Contract Documents upon issuance. Field Clarifications do not constitute an adjustment of the Contract Time or the Contract Price, unless a Change Order relating to a Field Clarification is authorized and issued under the Contract Documents.

1.16 Intent and Correlation of Contract Documents.

1.16.1 Work of the Contract Documents. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required to the extent consistent with the Contract Documents and reasonably inferable therefrom as being necessary to produce the intended results. Organization of the Specifications into divisions, sections or articles, and the arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. Where any portions of the Contract Documents are silent and information appears elsewhere in the Contract Documents, such other portions of the Contract Documents shall control. Work not particularly detailed, marked or specified shall be the same as similar parts that are detailed, marked or specified.

1.16.2 Technical Terms. Unless otherwise stated in the Contract Documents, words or terms which have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings.

1.16.3 Conflict in Contract Documents. Conflicts, inconsistencies or ambiguities in the Contract Documents shall be resolved by the Architect in accordance with Article 3.1.9 of the General Conditions; where conflicts or inconsistencies arise between the Drawings and the Specifications, in resolving such conflicts or inconsistencies, the Architect will be governed generally by the following standards: the Drawings are intended to describe matters relating to placement, type, quantity and the like; the Specifications are intended to describe matters relating to quality, materials, compositions, manufacturers and the like. If conflicts exist between portions of the Contract Documents regarding the quality of any item, product, equipment or materials, unless otherwise directed or authorized by the District, the Contractor shall provide the item, product, equipment or material of the highest or more stringent quality.



1.17 Material Supplier. A Material Supplier is any person or entity who only furnishes materials, equipment or supplies for the Work without fabricating, installing or consuming them in the Work.

1.18 Notice to Proceed. The Notice to Proceed is the written notice issued by or on behalf of the District to the Contractor authorizing the Contractor to proceed with commencement of the Work and which establishes the date for commencement of the Contract Time.

1.19 Progress Reports; Verified Reports. Progress Reports, if required, are written reports prepared by the Contractor and periodically submitted to the District in the form and content as required by the Contract Documents. Verified Reports are periodic written reports prepared by the Contractor and submitted to the DSA; Verified Reports shall be in such form and content as required by the applicable provisions of Title 24 of the California Code of Regulations. A material obligation of the Contractor is the preparation of complete and accurate Progress Reports, if required, and Verified Reports as well as the timely submission of the same.

1.20 Project. The Project is the total construction of the Work performed by the Contractor under the Contract Documents which may be the whole or a part of the Project and which may include construction by the District or by separate contractors.

1.21 Project Inspector. The Project Inspector is the individual designated and employed by the District in accordance with the requirements of Title 24 of the California Code of Regulations. The Project Inspector shall be authorized to act on behalf of the District as provided for in the Contract Documents and in Title 24 of the California Code of Regulations, as the same may be amended from time to time.

1.22 Record Drawings. The Record Drawings are a set of the Drawings marked by the Contractor during the performance of the Work to indicate completely and accurately the actual as-built condition of the Work. The Record Drawings shall be sufficient for a capable and qualified draftsman to modify the Drawings to reflect and indicate the Work actually in place at Final Completion of the Work.

1.23 Shop Drawings; Samples; Product Data ("Submittals"). Shop Drawings are diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub-Subcontractor, manufacturer, Material Supplier, or distributor to illustrate some portion of the Work. Samples are physical examples of materials, equipment or workmanship forming a part of, or to be incorporated into the Work. Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. Shop Drawings, Samples and Product Data prepared or furnished by the Contractor or any of its Subcontractors or Material Suppliers are collectively referred to as “Submittals”.

1.24 Site. The Site is the physical area designated in the Contract Documents for Contractor’s performance, construction and installation of the Work.

1.25 Supplemental Conditions; Special Conditions. If made a part of the Contract Documents, Supplemental Conditions and Special Conditions are supplemental or special provisions, not otherwise provided for in the Agreement or the General Conditions.

1.26 Subcontractors; Sub-Subcontractors. A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work. "Subcontractor" does not include a separate contractor to the District or subcontractors of any separate contractor. A Sub-Subcontractor is a person or entity of any tier, who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site.

1.27 Surety. The Surety is the person or entity that executes, as surety, the Contractor's Labor and Material Payment Bond and/or Performance Bond.

1.28 Work. The "Work" is the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment or services provided or to be provided by the Contractor to fulfill the Contractor's obligations under the Contract



Documents. The Work may constitute the whole or a part of the Project.

ARTICLE 2: DISTRICT

2.1 Information Required of District.

2.1.1 Surveys; Site Information. District may provide information, if any, concerning physical characteristics of the Site, including without limitation, surveys, soils reports, and utility locations. The Project Manager shall coordinate the availability of such information. Information not provided by the District concerning physical characteristics of the Site which is required shall be obtained by Contractor without adjustment to the Contract Price or the Contract Time.

2.1.2 Permits; Fees. Except as otherwise provided in the Contract Documents, the District shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities which relate to the Work of the Contractor under the Contract Documents. If permits and fees are designated as the responsibility of the Contractor under the Contract Documents, the Contractor shall be solely responsible for obtaining the same; the cost of such permits or fees and any costs incurred by the Contractor in obtaining such permits shall be included within the Contract Price.

2.1.3 Drawings and Specifications. Except as otherwise provided for in the Contract Documents, the District shall furnish the Contractor, free of charge, the number of copies of the Drawings and the Specifications as set forth in the Supplemental Conditions. All of the Drawings and the Specifications provided by the District to the Contractor remain the property of the District; the Contractor shall not use the Drawings or the Specifications in connection with any other work of improvement other than the Work of the Project.

2.1.4 Furnishing of Information. Information or services to be provided by the District under the Contract Documents shall be furnished by the District with reasonable promptness to avoid delay in the orderly progress of the Work. Information about existing conditions furnished by the District under the Contract Documents is obtained from sources believed to be reliable, but the District neither guarantees or warrants that such information is complete and accurate. The Contractor shall verify all information provided by the District. To the extent that the Contract Documents depict existing conditions on or about the Site, or the Work involves the renovation, removal or remodeling of existing improvements, or the Work involves any tie-in or other connection with any existing improvements, the conditions and/or existing improvements depicted in the Contract Documents are as they are believed to exist. Contractor shall bear the risk of any variations between conditions or existing improvements depicted in the Contract Documents and those conditions or existing improvements actually encountered in the performance of the Work. The existence of any variations between conditions or existing improvements depicted in the Contract Documents and those actually encountered in the performance of the Work shall not result in any District liability therefore, nor shall any such variations result in an adjustment of the Contract Time or the Contract Price.

2.2 District's Right to Stop the Work. In addition to the District's right to suspend the Work or terminate the Contract pursuant to the Contract Documents, the District, may, by written order, direct the Contractor to stop the Work, or any portion thereof, until the cause for such stop work order has been eliminated if the Contractor: (i) fails to correct Work which is not in conformity and in accordance with the requirements of the Contract Documents, or (ii) otherwise fails to carry out the Work in conformity and accordance with the Contract Documents. The right of the District to stop the Work hereunder shall not be deemed a duty on the part of the District to exercise such right for the benefit of the Contractor or any other person or entity, nor shall the District's exercise of such right waive or limit the exercise of any other right or remedy of the District under the Contract Documents or at law.

2.3 Partial Occupancy or Use.

2.3.1 District's Right to Partial Occupancy. The District may occupy or use any completed or partially completed portion of the Work, provided that: (i) the District has obtained the consent of, or is otherwise authorized by, public authorities with jurisdiction thereof, to so occupy or use such portion of



the Work and (ii) the District and the Contractor have accepted, in writing, the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, utilities, damage to the Work, insurance and the period for correction of the Work and commencement of warranties required by the Contract Documents for such portion of the Work partially used or occupied by the District. If the Contractor and the District are unable to agree upon the matters set forth in (ii) above, the District may nevertheless use or occupy any portion of the Work, with the responsibility for such matters subject to resolution in accordance with the Contract Documents. Immediately prior to such partial occupancy or use of the Work, or portions thereof, the District, the Project Inspector, the Contractor and the Architect shall jointly inspect the portions of the Work to be occupied or to be used to determine and record the condition of the Work. Repairs, replacements or other corrective action noted in such inspection shall be promptly performed and completed by the Contractor so that the portion of the Work to be occupied or used by the District is in conformity with the requirements of the Contract Documents and the District’s occupancy or use thereof is not impaired. The District’s use or occupancy of the Work or portions thereof pursuant to the preceding shall not be deemed “completion” of the Work as that term is used in Public Contract Code §7107.

2.3.2 No Acceptance of Defective or Nonconforming Work. Unless otherwise expressly agreed upon by the District and the Contractor, the District's partial occupancy or use of the Work or any portion thereof, shall not constitute the District's acceptance of the Work not complying with the requirements of the Contract Documents or which is otherwise defective.

2.4 The Project Inspector. In addition to the authority and rights of the Project Inspector as provided for elsewhere in the Contract Documents, all of the Work shall be performed under the observation of the Project Inspector. The performance of the duties of the Project Inspector under the Contract Documents shall not relieve or limit the Contractor's performance of its obligations under the Contract Documents.

2.4.1 Access to Work. The Contractor shall provide the Project Inspector with access to all parts of the Work at any time, wherever located, including ship inspections, and whether partially or completely fabricated, manufactured, furnished or installed. The Project Inspector shall have the authority to stop Work if the Work is not in conformity with the Contract Documents.

2.4.2 Limitations on Project Inspector. The Project Inspector does not have authority to interpret the Contract Documents or to modify the Work depicted in the Contract Documents. No Work inconsistent with the Contract Documents shall be performed solely on the basis of the direction of the Project Inspector, and the Contractor shall be liable to the District for the consequences of all Work performed on such basis.

2.5 District’s Right to Audit. The District and/or the State Allocation Board (SAB) shall have the right to review, obtain, inspect, audit, and copy all the written and electronically stored records of the Contractor pertaining to the Contract and/or Work and any Claim in connection with any of the foregoing, and regarding all applicable laws and/or regulations pertaining to the Contract. Contractor agrees to provide District and/or SAB with copies of records in computer readable format as well as hard copies of all relevant information requested in writing within ten (10) days of the request. Contractor shall also permit District and/or SAB access to all Contractor premises within ten (10) days of a written request, during normal business hours, for the purpose of interviewing employees and inspecting and copying such books, records, accounts and other material which may be relevant to any dispute between District and Contractor and/or any matter under investigation for purposes of determining compliance with this Contract and/or determining compliance with applicable laws, such as, but without limitation, Business and Professions Code §7108.5; Public Contract Code §§4104, 4107, 4107.5; and California Code of Regulations Title 2, Subgroup 11, §______ et seq. Contractor agrees to maintain such records and to allow such audits for a period of up to four (4) years following the date that the Notice of Completion is recorded. This provision applies equally to electronic records of the Contractor, including any records under its possession, custody or control. The audits may be performed by employees of the District and/or by an outside representative engaged by the District. Contractor records as referred to in this Contract shall include, without limitation, any and all information, materials and data of every kind and character, such as, but not limited to, records, books, papers, documents, subscriptions, recordings, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, superintendent reports, drawings,



receipts, vouchers, memoranda, shipping invoices and/or tickets, delivery tickets, bills of lading, cost reports, profit and loss statements, all information provided by Contractor to any insurance and/or surety company, and any other material and/or sources of information that may in District’s judgment have any bearing on or pertain to any matters, rights, duties or obligations under and/or covered by any Contract Document. Such records may also include written policies, and/or procedures, time sheets, equipment and/or material inventories, payroll registers, payroll records, cancelled payroll checks, subcontract files (including proposals and/or bids of successful and unsuccessful bidders, bid recaps, etc.), original estimates, estimating worksheets, correspondence, Change Order/Change Order Proposal/ and/or Change Order request files (including documentation covering negotiated settlements), backcharge logs and supporting documentation, invoices and related payment documentation, general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends, and any other Contractor records which may have a bearing on matters of interest to the District in connection with the Contractor dealings with the District. Contractor shall require all of its payees (e.g., Subcontractors, suppliers, materialmen, employees, officers, directors and others) to comply with the provisions of this Section by expressly including the requirements hereof in all written contracts with all such payees. Such requirements are to include that these flow-down right to audit provisions shall be included by such payees in all of their contracts with their Subcontractors of any tier, materialmen, etc. If an audit, inspection and/or examination under this Section discloses overpricing or overcharges of any nature by the Contractor to District in excess of one percent (1%) of the total Contract Amount, then, in addition to all other District rights and remedies, and in addition to making adjustments for the overcharges and/or overpricing, the reasonable actual cost of the District audit, inspection, and/or examination shall be reimbursed to District by Contractor. Any District assessments shall be made no later than ninety (90) days from the date that District findings are presented to Contractor. The fact that a claim, arbitration, and/or litigation under other sections of the Contract Documents is pending involving the District, Contractor, and/or others, shall not in any way preclude, postpone, or impair in any way, District rights to proceed under this Section.

ARTICLE 3: ARCHITECT; PROJECT MANAGER

3.1 Administration of the Contract.

3.1.1 Architect and Project Manager Administration of Contract. The Architect and the Project Manager will provide administration of the Contract as described in the Contract Documents, and will be the District’s representatives during construction until the time that Final Payment is due the Contractor under the Contract Documents. The Architect and Project Manager will advise and consult with the District and the Project Inspector with respect to the administration of the Contract and the Work. The Architect is authorized to act on behalf of the District to the extent provided for in the Contract Documents; and shall have the responsibilities and powers established by law, including Title 24 of the California Code of Regulations. The Architect and Project Manager are authorized to stop the Work whenever deemed necessary in the sole discretion of the Architect or the Project Manager to insure that the Work is completed in accordance with the Contract Documents.

3.1.2 Periodic Site Inspections. The Contractor should expect that the Project Manager will visit the Site on a daily basis and will inform both Contractor and District of his observations. The Architect will visit the Site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the completed Work and to determine, in general, if the Work is being performed in a manner indicating that the Work, when completed, will be in accordance with the Contract Documents. The Architect will not be required to make exhaustive or continuous Site inspections to check quality or quantity of the Work. On the basis of Site observations as an architect, the Architect will keep the District informed of the progress of the Work, and will endeavor to guard the District against defects and deficiencies in the Work.

3.1.3 Contractor Responsibility for Construction Means, Methods and Sequences. The Architect and Project Manager will not have control over or charge of and will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, these being solely the Contractor's responsibility. The Architect will not have control over or charge of and will not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work.



3.1.4 Review of Applications for Payment. In accordance with Article 8 hereof, the Architect and Project Manager will review the Contractor's Applications for Progress Payments and for Final Payment, evaluate the extent of Work performed and the amount properly due the Contractor on such Application for Payment.

3.1.5 Rejection of Work. The Architect and the Project Manager are authorized to reject Work which is defective or does not conform to the requirements of the Contract Documents. Whenever the Architect or Project Manager consider it necessary or advisable, for implementation of the intent of the Contract Documents, the Architect or Project Manager will have authority to require additional inspections or testing of the Work, whether or not such Work is fabricated, installed or completed. Neither this authority of the Architect and Project Manager nor a decision made in good faith by the Architect or Project Manager to exercise or not to exercise such authority shall give rise to a duty or responsibility to the Contractor, Subcontractors, Material Suppliers, their agents or employees, or other persons performing portions of the Work.

3.1.6 Submittals.

3.1.6.1 Processing of Submittals. Submittals required by the Contact Documents shall be prepared by or on behalf of the Contractor in accordance with the requirements of the Contract Documents. Submittals shall be transmitted by the Contractor to the Architect and the Project Manager. Upon completion of the Architect’s review of a Submittal, the Architect shall transmit the reviewed Submittal to the Project Manager and the Contractor for the contractor’s distribution to its Subcontractor(s) and other affected parties.

3.1.6.2 Architect’s Review. The Architect will review and approve or take other appropriate action upon the Contractor's Submittals, but only for the limited purpose of checking for general conformance with information given and the design concept expressed in the Contract Documents. Review of Submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review of the Contractor's Submittals shall not relieve the Contractor of its obligations under the Contract Documents. The Architect's review of Submittals shall not constitute approval of safety measures, programs or precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item in a Submittal shall not indicate approval of an assembly of which the item is a component with the Submittal(s) required and relating to such assembly have been reviewed by the Architect.

3.1.6.3 Time for Architect’s Review. The Architect’s review of Submittals will be conducted promptly so as not to delay or hinder the progress of the Work or the activities of the Contractor, the District or the District’s separate contractors while allowing sufficient time, in the Architect’s reasonable professional judgment, to permit adequate review of Submittals. The foregoing notwithstanding, the Architect’s review and return of Submittals will conform with the time limits and other conditions, if any, set forth in the Specifications or the Submittal Schedule if the Submittal Schedule is required by other provisions of the Contract Documents.

3.1.7 Changes to the Work; Change Orders. The Architect and Project Manager will prepare Change Orders, and may authorize minor Changes in the Work which do not result in adjustment of the Contract Time or the Contract Price.

3.1.8 Completion. The Architect and the Project Manager will conduct observations to determine the date(s) of completion of interim milestones and the date(s) of Final Completion. The Project Manager will receive and maintain, for the District's review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor, and will verify that the Contractor has complied with all requirements of the Contract Documents and is entitled to receipt of Final Payment.

3.1.9 Interpretation of Contract Documents. The Architect will interpret and decide matters concerning



the requirements of the Contract Documents on written request of either the District or the Contractor. The Architect's response to such requests will be made with reasonable promptness and within the time limits agreed upon, if any. If no agreement is reached establishing the time for the Architect’s review and response to requests under this Article 3.1.9, the Architect shall be afforded a seven (7) day period for Requests for Information and a fifteen (15) day period for Submittals after receipt of such request to review and respond thereto. Interpretations and decisions of the Architect will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisions, the Architect will endeavor to secure faithful performance by both the District and the Contractor, will not show partiality to either and will not be liable for results of interpretations or decisions so rendered in good faith. The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. The request for an Architect’s decision pursuant to the foregoing shall be delivered to the Project Manager for transmittal to the Architect.

3.2 Termination of Architect; Substitute Architect. In case of termination of employment of the Architect, the District shall appoint a substitute architect whose status under the Contract Documents shall be that of the Architect.

ARTICLE 4: THE CONTRACTOR

4.1 Communications. All communications regarding the Work, the performance thereof or the Contract Documents shall be in writing; verbal communications shall be reduced to writing. Communications between the Contractor and the District or the Architect shall include the Project Manager. Communications between separate prime contractors, if any, shall be through the Project Manager. Any references made in the Contract Documents to communications between the District and the Contractor shall mean that such communication will be made through the Project Manager. All written communications between the Contractor and any Subcontractor, Material Supplier or others directly or indirectly engaged by the Contractor to perform or provide any portion of the Work shall be available to the Project Manager and the Architect for review, inspection and reproduction as may be requested from time to time. Failure or refusal of the Contractor to permit the Project Manager or Architect to review, inspect or reproduce such written communications may be deemed a default of Contractor hereunder.

4.2 Contractor Review of Contract Documents.

4.2.1 Examination of Contract Documents. The Contractor shall carefully study and compare the Contract Documents with each other and with information furnished by the District pursuant to the Contract Documents and shall at once report to the District any errors, inconsistencies or omissions discovered. If the Contractor performs any Work knowing, or with reasonable diligence should have known that, it involves an error, inconsistency or omission in the Contract Documents without prior notice to the District of the same, the Contractor shall assume full responsibility for such performance and shall bear all attributable costs for correction of the same.

4.2.2 Field Measurements. Prior to commencement of the Work, or portions thereof, the Contractor shall take field measurements and verify field conditions at the Site and shall carefully compare such field measurements and conditions and other information known to the Contractor with information provided in the Contract Documents. Errors, inconsistencies or omissions discovered shall be reported to the District at once.

4.2.3 Dimensions; Layouts and Field Engineering. Unless otherwise expressly provided, dimensions indicated in the Drawings are intended for reference only. The Drawings are intended to be diagrammatic and schematic in nature; the Contractor shall be solely responsible for dimensioning and coordinating the Work of the Contract Documents. All field engineering required for laying out the Work and/or establishing grades for earthwork operations shall be by the Contractor at its expense. Any field engineering or other engineering to be provided or performed by the Contractor under the Contract Documents and required or necessary for the proper execution or installation of the Work shall be provided and performed by the an engineer duly registered under the laws of the



State of California in the engineering discipline for such portion of the Work. Upon commencement of any item of the Work, the Contractor is responsible for dimensions of such item of Work and related Work; without adjustment of the Contract Time or Contract Price, the Contractor is responsible for making component parts of the Work fit together properly.

4.2.4 Request for Information. If the Contractor encounters any condition which the Contractor believes, in good faith and with reasonable basis, is the result of an ambiguity, conflict, error or omission in the Contract Documents (collectively “the Conditions”), it shall be the affirmative obligation of the Contractor to timely notify the Architect, in writing, of the Conditions encountered and to request information from the Architect necessary to address and resolve any such Conditions before proceeding with any portion of the Work affected or which may be affected by such Conditions. The Contractor’s notice of the Conditions shall be delivered to the Project Manager and the Architect. If the Contractor fails to timely notify the Architect in writing of any Conditions encountered and the Contractor proceeds to perform any portion of the Work containing or affected by such Conditions the Contractor shall bear all costs associated with or required to correct, remove, or otherwise remedy any portion of the Work affected thereby without adjustment of the Contract Time or the Contract Price. In requesting information of the Architect to address and resolve any Conditions the Contractor shall act with promptness in submitting any such written request so as to allow the Architect a reasonable period of time to review, evaluate and respond to any such request, taking into account the then current status of the progress and completion of the Work and the actual or potential impact of any such Conditions upon the completion of the Work within the Contract Time. The Contract Time shall not be subject to adjustment in the event that the Contractor shall fail to timely request information from the Architect. The Architect's responses to any such Contractor request for information shall conform with the standards and time frame set forth in Article 3.1.9 of these General Conditions. The foregoing provisions notwithstanding, in the event that the Architect reasonably determines that any of Contractor's request(s) for information: (i) does not reflect adequate or competent supervision or coordination by the Contractor or any Subcontractor; or (ii) does not reflect the Contractor's adequate or competent knowledge of the requirements of the Work or the Contract Documents; or (iii) is not justified for any other reason, Contractor shall be liable to the District for all costs incurred by the District associated with the processing, reviewing, evaluating and responding to any such request for information, including without limitation, fees of the Architect and any other design consultant to the Architect or the District. In responding to any of Contractor's request(s) for information, the Architect shall, in the response, indicate if the Architect has made the determination pursuant to the preceding sentence and, if so, the amount of costs to be borne by the Contractor for the processing, review, evaluation and response to the request for information. Thereafter, the District is authorized to deduct such amount from any portion of the Contract Price then or thereafter due the Contractor.

4.2.5 Work in Accordance With Contract Documents. The Contractor shall perform all of the Work in strict conformity with the Contract Documents and approved Submittals.

4.3 Site Investigation; Subsurface Conditions.

4.3.1 Contractor Investigation. The Contractor shall be responsible for, and by executing the Agreement acknowledges, that it has carefully examined the Site and has taken all steps it deems reasonably necessary to ascertain all conditions which may affect the Work, or the cost thereof, including, without limitation, conditions bearing upon transportation, disposal, handling or storage of materials; availability of labor or utilities; access to the Site; and the physical conditions and the character of equipment, materials, labor and services necessary to perform the Work. Any failure of the Contractor to do so will not relieve it from the responsibility for fully and completely performing all Work without adjustment to the Contract Price or the Contract Time. The District assumes no responsibility to the Contractor for any understandings or representations concerning conditions or characteristics of the Site, or the Work, made by any of its officers, employees or agents prior to the execution of the Agreement, unless such understandings or representations are expressly set forth in the Agreement.

4.3.2 Subsurface Data. By executing the Agreement, the Contractor acknowledges that it has examined the boring data and other subsurface data available and satisfied itself as to the character, quality and quantity of surface and subsurface materials, including without limitation, obstacles which may



be encountered in performance of the Work, insofar as this information is reasonably ascertainable from an inspection of the Site, review of available subsurface data and analysis of information furnished by the District under the Contract Documents. Subsurface data or other soils investigation report provided by the District hereunder are a part of the Contract Documents. Information contained in such data or report regarding subsurface conditions, elevations of existing grades, or below grade elevations are approximate only and is neither guaranteed or warranted by the District to be complete and accurate. The Contractor shall examine all boring and other subsurface data to make its own independent interpretation of the subsurface conditions and acknowledges that its bid is based upon its own opinion of the conditions which may be encountered. The District assumes no responsibility for any conclusions or interpretations made by Contractor on the basis of available subsurface data or other information furnished by District under the Contract Documents.

4.3.3 Subsurface Conditions. If the Work under the Contract Documents involves digging trenches or other excavations that extend deeper than four feet below the surface, the Contractor shall promptly and before the following conditions are disturbed, notify the Project Manager, in writing, of any: (i) material that the Contractor believes may be material that is hazardous waste, as defined in California Health and Safety Code §25117, that is required to be removed to a Class I or Class II or Class III disposal site in accordance with provisions of existing law; (ii) subsurface or latent physical conditions at the site differing from those indicated; or (iii) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in the Work or the character provided for in the Contract Documents. If upon notice to the District of the conditions described above and upon the District's investigation thereof, the District determines that the conditions so materially differ or involve such hazardous materials which require an adjustment to the Contract Price or the Contract Time, the District shall issue a Change Order in accordance with Article 9 hereof. In accordance with California Public Contract Code §7104, any dispute arising between the Contractor and the District as to any of the conditions listed in (i), (ii) or (iii) above, shall not excuse the Contractor from the completion of the Work within the Contract Time and the Contractor shall proceed with all Work to be performed under the Contract Documents. The District reserves the right to terminate the Contract pursuant to Article 15.2 hereof should the District determine not to proceed because of any condition described in (i), (ii) or (iii) above.

4.3.4 Trenching. For all excavations in excess of five (5) feet involving an estimated expenditure in excess of $25,000, Contractor shall submit to the District for acceptance a detailed Drawing showing the design of shoring, bracing, sloping or other provisions to be made for the protection of workmen from the hazard of caving ground. If such design varies from the standards established by the Construction Safety orders of the California Division of Industrial Safety, the Drawing shall be prepared by a registered civil or structural engineer. None of the aforementioned trenching shall be started before Contractor receives notification of acceptance from the District. Contractor shall comply with all other applicable requirements of California Labor Code §6705, and as therein provided, no provisions of that Section or this Section shall be construed to impose tort liability upon the District. In any event, Contractor shall not commence any excavation work until it has secured all necessary permits including the required CAL OSHA excavation/shoring permit. Any permits shall be prominently displayed on the Project premises prior to commencement of any excavation.

4.4 Supervision and Construction Procedures.

4.4.1 Supervision of the Work. The Contractor shall supervise and direct performance of the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for, and have control over, construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract Documents, unless Contract Documents give other specific instructions concerning these matters. The Contractor shall be responsible for inspection of completed or partially completed portions of Work to determine that such portions are in proper condition to receive subsequent Work.

4.4.2 Responsibility for the Work. The Contractor shall be responsible to the District for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and all other persons performing any portion of the Work under a contract with the Contractor. The Contractor shall not be relieved of the obligation to perform the Work in accordance with the



Contract Documents either by activities or duties of the Project Manager, Project Inspector or the Architect in their administration of the Contract, or by tests, inspections or approvals required or performed by persons other than the Contractor.

4.4.3 Surveys. The Contractor shall prepare or cause to be prepared all detailed surveys necessary for performance of the Work, including without limitation, slope stakes, points, lines and elevations. The Contractor shall be responsible for the establishment, location, maintenance and preservation of benchmarks, reference points and stakes for the Work. The cost of any surveys and the establishment, location, maintenance and preservation of benchmarks, reference points and stakes shall be included within the Contract Price. The Contractor shall be solely responsible for all loss or costs resulting from the loss, destruction, disturbance or damage of benchmarks, reference points or stakes.

4.4.4 Construction Utilities. The District will furnish and pay the costs of utility services for the Work as set forth in the Supplemental Conditions; all other utilities necessary to complete the Work and to completely perform all of the Contractors’ obligations shall be obtained by the Contractor without adjustment of the Contract Price. The Contractor shall furnish and install necessary or appropriate temporary distributions of utilities, including utilities furnished by the District. Any such temporary distributions shall be removed by the Contractor upon completion of the Work. The costs of all such utility services, including the installation and removal of temporary distributions thereof, shall be borne by the Contractor and included in the Contract Price.

4.4.5 Existing Utilities; Removal, Relocation and Protection. In accordance with California Government Code §4215, the District shall assume the responsibility for the timely removal, relocation, or protection of existing main or trunkline utility facilities located on the Site which are not identified in the Drawings, Specifications or other Contract Documents. Contractor shall be compensated for the costs of locating, repairing damage not due to the Contractor's failure to exercise reasonable care, and removing or relocating such utility facilities not indicated in the Drawings, Specifications and other Contract Documents with reasonable accuracy, and for equipment on the Site necessarily idled during such work. Contractor shall not be assessed Liquidated Damages for delay in completion of the Work when such delay is caused by the failure of the District or the utility district to provide for removal or relocation of such utility facilities. Nothing in this Article shall be deemed to require the District to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the Site can be inferred from the presence of other visible facilities, such as buildings, meters and junction boxes, on or adjacent to the Site. If the Contractor encounters utility facilities not identified by the District in the Drawings, Specifications, or other Contract Documents, the Contractor shall immediately notify, in writing, the District and the utility owner. In the event that such utility facilities are owned by a public utility, the public utility shall have the sole discretion to perform repairs or relocation work or permit the Contractor to do such repairs or relocation work at a price determined in accordance with Article 9 of these General Conditions.

4.4.6 Conferences and Meetings. A material obligation of the Contractor under the Contract Documents is the attendance by the Contractor’s supervisory personnel for the Work and the Contractor’s management personnel as required by the Contract Documents or as requested by the District. The Contractor’s personnel participating in conferences and meetings relating to the Work shall be authorized to act on behalf of the Contractor and to bind the Contractor. The Contractor is solely responsible for arranging for the attendance by Subcontractors, Material Suppliers at meetings and conferences relating to the Work as necessary, appropriate or as requested by the District. The District may, at its sole discretion, assess a penalty against the Contract Price of Two Hundred Fifty Dollars ($250.00) for the absence of the Contractor’s supervisory personnel, or for the presence solely of Contractor’s personnel without authority to act on behalf of and to bind the Contractor, from any meeting required by the Contract Documents or as requested by the District.

4.4.6.1 Pre-Construction Conference. The Contractor’s representatives (and representatives of Subcontractors as requested by the District) shall attend a Pre-Construction Conference at such time and place as designated by the District. The Pre-Construction Conference will generally address the requirements of the Work and Contract Documents, and to establish construction procedures. Subject matters of the Pre-Construction Conference will include as appropriate: (a)



administrative matters, including an overview of the respective responsibilities of the District, Architect, Project Manager, Contractor, Subcontractor, Project Inspector and others performing any part of the Work or services relating to the Work; (b) Submittals; (c) Changes and Change Order processing; (d) employment practices, including Certified Payroll preparation and submission and prevailing wage rate responsibilities of the Contractor; (e) Progress Schedule development and maintenance; (f) development of Schedule of Values and payment procedures; (g) communication procedures, including the handling of Requests for Information; (h) emergency and safety procedures; (i) Site visitor policies; (j) conduct of Contractor/Subcontractor personnel at the Site; and (k) punchlist/close-out procedures.

4.4.6.2 Progress Meetings. Progress meetings will be conducted on regular intervals (weekly unless otherwise expressly indicated elsewhere in the Contract Documents). The Contractor’s representatives and representatives of Subcontractors (as requested by the District) shall attend Progress Meetings. Progress Meetings will be chaired by the Project Manager and will generally include as agenda items: Site safety, field issues, coordination of Work, construction progress and impacts to timely completion, if any. The purposes of the Progress Meetings include: a formal and regular forum for discussion of the status and progress of the Work by all Project participants, a review of progress or resolution of previously raised issues and action items assigned to the Project participants, and reviews of the Progress Schedule and Submittals.

4.4.6.3 Special Meetings. As deemed necessary or appropriate by the District, Special Meetings will be conducted with the participation of the Contractor, Subcontractors and other Project participants as requested by the District.

4.4.6.4 Minutes of Meetings. Following conclusion of the Pre-Construction Conference, Progress Meetings and Special Meetings, the Project Manager will prepare and distribute minutes reflecting the items addressed and actions taken at a meeting or conference. Unless the Contractor notifies the Project Manager in writing of objections or corrections to minutes prepared hereunder within five (5) days of the date of distribution of the minutes, the minutes as distributed shall constitute the official record of the meeting or conference. No objections or corrections of any Subcontractor or Material Supplier shall be submitted directly to the Project Manager; such objections or corrections shall be submitted to the Project Manager through the Contractor. If the Contractor timely interposes objections or notes corrections, the resolution of such matters shall be addressed at the next scheduled Progress Meeting.

4.4.7 Temporary Sanitary Facilities. At all times during Work at the Site, the Contractor shall obtain and maintain temporary sanitary facilities in conformity with applicable law, rule or regulation. The Contractor shall maintain temporary sanitary facilities in a neat and clean manner with sufficient toilet room supplies. Personnel engaged in the Work are not permitted to use toilet facilities at the Site.

4.4.8 Use of Site. The Contractor shall confine operations at the Site to areas permitted by law, ordinances or permits, subject to any restrictions or limitations set forth in the Contract Documents. The Contractor shall not unreasonably encumber the Site or adjoining areas with materials or equipment. The Contractor shall be solely responsible for providing security at the Site with all such costs included in the contract price. The District shall at all times have access to the Site.

4.4.9 Limitations Upon Site Activities. Except in the circumstances of an emergency, no construction activities shall be permitted at or about the Site except during the District’s hours and days set forth in the Supplemental Conditions. Work performed outside of the hours and days noted in the Supplemental Conditions will not result in adjustment of the Contract Time or the Contract Price; unless Work outside of the hours and days noted in the Supplemental Conditions is expressly authorized by the District.

4.4.10 Noise and Dust Control.

4.4.10.1 Noise Control. The Contractor shall install noise reducing devices on construction equipment. Contractor shall comply with the requirements of the city and county having jurisdiction with regard



to noise ordinances governing construction sites and activities. Construction Equipment noise at the Site shall be limited and only as permitted by applicable law, rule or regulation. If classes are in session at any point during the progress of the Work, and, in the District’s reasonable discretion, the noise from any Work disrupts or disturbs the students or faculty or the normal operation of the college, at the District’s request, the Contractor shall schedule the performance of all such Work around normal college hours or make other arrangements so that the Work does not cause such disruption or disturbance. In no event shall such arrangements result in adjustment of the Contract Price or the Contract Time.

4.4.10.2 Dust Control. The Contractor shall be fully and solely responsible for maintaining and upkeeping all areas of the Site and adjoining areas, outdoors and indoors, free from flying debris, grinding powder, sawdust, dirt and dust as well as any other product, product waste or work waste, that by becoming airborne may cause respiratory inconveniences to persons, particularly to students and District personnel. Additionally, the Contractor shall take specific care to avoid deposits of airborne dust or airborne elements. Such protection devices, systems or methods shall be in accordance with the regulations set forth by the EPA and OSHA, and other applicable law, rule or regulation. Additionally, the Contractor shall be the sole party responsible to regularly and routinely clean up and remove any and all deposits of dust and other elements. Damage and/or any liability derived from the Contractor’s failure to comply with these requirements shall be exclusively at the cost of the Contractor, including, without limitation, any and all penalties that may be incurred for violations of applicable law, rule or regulation, and any amounts expended by the District to pay such damages shall be due and payable to the District on demand. Contractor shall replace any damages property or part thereof and professionally clean any and all items that become covered or partially covered to any degree by dust or other airborne elements. If classes are in session at any point during the progress of Work, and, in the District’s reasonable discretion, flying debris, grinding powder, sawdust, dirt or dust from any Work disrupts or disturbs the students or faculty or the normal operation of the college, at the District’s request, the Contractor shall schedule the performance of all such Work around normal college hours and make other arrangements so that the Work does not cause such disruption or disturbance. In no event shall such arrangements result in adjustment of the Contract Price or the Contract Time.

4.4.10.3 Contractor Failure to Comply. If the Contractor fails to comply with the requirements for dust control, noise control, or any other maintenance or clean up requirement of the Contract Documents, the District, Architect, District Inspector or Project Manager shall notify the Contractor in writing and the Contractor shall take immediate action. Should the Contractor fail to respond with immediate and responsive action and not later than twenty-four (24) hours from such notification, the District shall have the absolute right to proceed as it may deem necessary to remedy such matter. Any and all costs incurred by the District in connection with such actions shall be the sole responsibility of, and be borne by, the Contractor; the District may deduct such amounts from the Contract Price then or thereafter due the Contractor.

4.4.11 Cutting and Patching. The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make the component parts thereof fit together properly in accordance with the Contract Documents. Only tradespersons skilled and experienced in cutting and patching shall perform such work. The Contractor shall not damage or endanger any portion of the Work, or the fully or partially completed construction of the District or separate contractors by cutting, patching, excavation or other alteration. The Contractor shall not cut, patch or otherwise alter the construction by the District or separate contractor without the prior written consent of the District or separate contractor thereto, which consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold consent to the request of the District or separate contractor to cut, patch or otherwise alter the Work.

4.4.12 Clean-Up. The Contractor shall at all times keep the Site and all adjoining areas free from the accumulation of any waste material, rubbish or excess materials and equipment, placed, caused by performance of the Work. The Contractor shall maintain the Site in a "rake-clean" standard on a daily basis. Prior to completion of the Work, Contractor shall remove from the Site all rubbish, waste and excess material, tools, Construction Equipment, machinery, temporary facilities and barricades, and any other items which are not the property of the District under the Contract Documents. Upon completion of the Work, the Site and all adjoining areas shall be left in a neat



and broom clean condition satisfactory to District. The Project Manager is authorized to direct the Contractor's clean-up obligations hereunder. If the Contractor fails to clean up as provided for in the Contract Documents, the District may do so, and all costs incurred in connection therewith shall be charged to the Contractor; the District may deduct such costs from any portion of the Contract Price then or thereafter due the Contractor.

4.4.13 Access to the Work. The Contractor shall provide the District, the Project Manager, the District’s Inspector, the DSA, the Architect and the Architect’s consultant(s) with access to the Work, whether in place, preparation and progress, and wherever located.

4.4.14Information to Project Inspector. The Contractor shall furnish the Project Inspector access to the Work for obtaining such information as may be necessary to keep the Project Inspector fully informed respecting the progress, quality and character of the Work and materials, equipment or other items incorporated therein.

4.5 Labor and Materials.

4.5.1 Payment for Labor, Materials and Services. Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, Construction Equipment and machinery, water, heat, utilities, transportation, applicable taxes, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated in the Work.

4.5.2 Employee Discipline. The Contractor shall enforce strict discipline and good order among the Contractor's employees, the employees of any Subcontractor or Sub-subcontractor, and all other persons performing any part of the Work at the Site. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. The Contractor shall dismiss from its employ and direct any Subcontractor or Sub-subcontractor to dismiss from their employment any person deemed by the District to be unfit or incompetent to perform Work and thereafter, the Contractor shall not employ nor permit the employment of such person for performance of any part of the Work without the prior written consent of the District, which consent may be withheld in the reasonable discretion of the District.

4.5.3 Contractor's Superintendent. The Contractor shall employ a competent superintendent and all necessary assistants who shall be in attendance at the Site at all times during performance of the Work. The Contractor's communications relating to the Work or the Contract Documents shall be through the Contractor's superintendent. The superintendent shall represent the Contractor and communications given to the superintendent shall be binding as if given to the Contractor. The Contractor shall dismiss the superintendent or any of his/her assistants if they are deemed, in the sole reasonable judgment of the District, to be unfit, incompetent or incapable of performing the functions assigned to them. In such event, the District shall have the right to approve of the replacement superintendent or assistant.

4.5.4 Prohibition on Harassment.

4.5.4.1 District's Policy Prohibiting Harassment. The District is committed to providing a campus and workplace free of sexual harassment and harassment based on factors such as race, color religion, national origin, ancestry, age, medical condition, marital status, disability or veteran status. Harassment includes without limitation, verbal, physical or visual conduct which creates an intimidating, offensive or hostile environment such as racial slurs; ethnic jokes; posting of offensive statements, posters or cartoons or similar conduct. Sexual harassment includes without limitation the solicitation of sexual favors, unwelcome sexual advances, or other verbal, visual or physical conduct of a sexual nature.

4.5.4.2 Contractor's Adoption of Anti-Harassment Policy. Contractor shall adopt and implement all appropriate and necessary policies prohibiting any form of discrimination in the workplace, including without limitation harassment on the basis of any classification protected under local, state or federal law, regulation or policy. Contractor shall take all reasonable steps to prevent harassment



from occurring, including without limitation affirmatively raising the subject of harassment among its employees, expressing strong disapproval of any form of harassment, developing appropriate sanctions, informing employees of their right to raise and how to raise the issue of harassment and informing complainants of the outcome of an investigation into a harassment claim. Contractor shall require that any Subcontractor or Sub-subcontractor performing any portion of the Work to adopt and implement policies in conformity with this Article 4.5.4.

4.5.4.3 Prohibition on Harassment at the Site. Contractor shall not permit any person, whether employed by Contractor, a Subcontractor, Sub-subcontractor, or any other person or entity, performing any Work at or about the Site to engage in any prohibited form of harassment. Any such person engaging in a prohibited form of harassment directed to any individual performing or providing any portion of the Work at or about the Site shall be subject to appropriate sanctions in accordance with the anti-harassment policy adopted and implemented pursuant to Article 4.5.4.2 above. Any person, performing or providing Work on or about the Site engaging in a prohibited form of harassment directed to any student, faculty member or staff of the District or directed to any other person on or about the Site shall be subject to immediate removal and shall be prohibited thereafter from providing or performing any portion of the Work. Upon the District's receipt of any notice or complaint that any person employed directly or indirectly by Contractor in performing or providing the Work has engaged in a prohibited form of harassment, the District will promptly undertake an investigation of such notice or complaint. In the event that the District, after such investigation, reasonably determines that a prohibited form of harassment has occurred, the District shall promptly notify the Contractor of the same and direct that the person engaging in such conduct be immediately removed from the Site. Unless the District's determination that a prohibited form of harassment has occurred is grossly negligent or without reasonable cause, District shall have no liability for directing the removal of any person determined to have engaged in a prohibited form of harassment nor shall the Contract Price or the Contract Time be adjusted on account thereof. Contractor and the Surety shall defend, indemnify and hold harmless the District and its employees, officers, board of trustees, agents, and representatives from any and all claims, liabilities, judgments, awards, actions or causes of actions, including without limitation, attorneys' fees, which arise out of, or pertain in any manner to: (i) the assertion by any person dismissed from performing or providing work at the direction of the District pursuant to this Article 4.5.4.3; or (ii) the assertion by any person that any person directly or indirectly under the employment or direction of the Contractor has engaged in a prohibited form of harassment directed to or affecting such person. The obligations of the Contractor and the Surety under the preceding sentence are in addition to, and not in lieu of, any other obligation of defense, indemnity and hold harmless whether arising under the Contract Documents, at law or otherwise; these obligations survive completion of the Work or the termination of the Contract.

4.6 Taxes. The Contractor shall pay, without adjustment of the Contract Price, all sales, consumer, use and other taxes for the Work or portions thereof provided by the Contractor under the Contract Documents.

4.7 Permits, Fees, Licenses and Notices; Compliance With Laws.

4.7.1 Payment of Permits, Fees. Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permits, other permits, governmental fees, licenses and inspections necessary or required for the proper execution and completion of the Work.

4.7.2 Licenses. Contractor shall secure and pay all licenses, such as business licenses, contractors’ licenses and vehicle and equipment licenses, necessary or required for the proper execution and completion of the Work.

4.7.3 Compliance With Laws. The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and other orders of public authorities bearing on performance of the Work.

4.7.4 Notice of Variance From Laws. If the Contractor knows, or has reason to believe, that any portion of the Contract Documents are at variance with applicable laws, statutes, ordinances, building codes, regulations or rules, the Contractor shall promptly notify the Architect and the Project



Inspector, in writing, of the same. If the Contractor performs Work knowing, or with reasonable diligence should have known, it to be contrary to laws, statutes, ordinances, building codes, rules or regulations applicable to the Work without such notice to the Architect and the Project Inspector, the Contractor shall assume full responsibility for such Work and shall bear the attributable costs arising or associated therefrom, including without limitation, the removal, replacement or correction of the same.

4.8 Submittals.

4.8.1 Purpose of Submittals. Shop Drawings, Product Data, Samples and similar submittals (collectively “Submittals”) are not Contract Documents. The purpose for submission of Submittals is to demonstrate, for those portions of the Work for which Submittals are required, the manner in which the Contractor proposes to provide or incorporate such item of the Work in conformity with the information given and the design concept expressed in the Contract Documents.

4.8.2 Contractor's Submittals.

4.8.2.1 Prompt Submittals. The Contractor shall review, approve and submit to the Project Manager the number of copies of Submittals required by the Contract Documents. All Submittals required by the Contract Documents shall be prepared, assembled and submitted by the Contractor to the Project Manager and to the Architect within the time frames set forth in the Submittal Schedule incorporated and made a part of the Approved Construction Schedule prepared and submitted by the Contractor pursuant to Article 7 of these General Conditions. Contractor’s submission of Submittals in conformity with the Submittal Schedule is a material obligation of the Contractor. In the event of Contractor’s failure or refusal to deliver Submittals to the Architect in accordance with the Submittal Schedule, the Contractor shall be subject to per diem assessments in the amount set forth in the Supplemental Conditions for each day of delayed submission for any Submittal beyond the date set forth in the Submittal Schedule for Contractor’s submission of such Submittal. Contractor and District acknowledge and agree that if Contractor shall fail to deliver Submittals in accordance with the Submittal Schedule, the District will incur costs and expenses not contemplated by the Contract Documents, the exact amount of which are difficult to ascertain and fix. Contractor and the District acknowledge and agree that the per diem assessment for delayed submission of Submittals set forth in the Supplemental Conditions represents a reasonable estimate of costs and expenses the District will incur as a result of delayed submission of Submittals and that the same is not a penalty. Notwithstanding Contractor's submission of all required Submittals in accordance with the Submittal Schedule, in the event that the District or the Architect reasonably determines that all or any portion of such Submittals fail to comply with the requirements of Articles 4.8.2.2, 4.8.2.3 and 4.8.2.4 of these General Conditions and/or such Submittals are not otherwise complete and accurate so as to require re-submission, Contractor shall bear all costs associated with the review and approval of resubmitted Submittals, including without limitation Architect's fees incurred in connection therewith; provided that such costs are in addition to, and not in lieu of, any per diem assessments imposed under this Article 4.8.2.1 for Contractor's delayed submission of Submittals. In the event of the District's imposition of the per diem assessments due to the Contractor's delayed submission of Submittals or in the event of the District's assessment of costs and expenses incurred to review incomplete or inaccurate Submittals, the District may deduct the same from any portion the Contract Price then or thereafter due the Contractor. Submittals not required by the Contract Documents or which do not otherwise conform with the requirements of the Contract Documents may be returned without action. No adjustment to the Contract Time or the Contract Price shall be granted to the Contractor on account of its failure to make timely submission of any Submittal.

4.8.2.2 Approval of Subcontractor Submittals. All Submittals prepared by Subcontractors, of any tier, Material Suppliers, manufacturers or distributors shall bear the written approval of the Contractor thereto prior to submission for the Project Manager and the Architect’s review. Any Submittal not bearing the Contractor's written approval shall be subject to return to the Contractor for re-submittal in conformity herewith, with the same being deemed to not have been submitted. Any delay, impact or cost associated therewith shall be the sole and exclusive responsibility of the Contractor without adjustment to the Contract Time or the Contract Price.



4.8.2.3 Verification of Submittal Information. By approving and submission of Submittals, the Contractor represents to the District and Architect that the Contractor has determined and verified materials, field measurements, field construction criteria, catalog numbers and similar data related thereto and has checked and coordinated the information contained within such Submittals with the requirements of the Work and of the Contract Documents. Each Submittal shall include the following certification duly executed by the Contractor’s Superintendent or Project Manager:

“The Contractor has reviewed and approved the field dimensions and construction criteria of the attached Submittal. The Contractor has verified that the Submittal includes notations of any portion of the Work depicted in the Submittal which is not in strict conformity with the Contract Documents. The information in the attached Submittal has been reviewed and coordinated by the Contractor with information included in other Submittals.” Any Submittal not accompanied by the Contractor’s written certification shall be subject to return to the Contractor for re-submittal in conformity herewith.

4.8.2.4 Information Included in Submittals. All Submittals shall be accompanied by a written transmittal or other writing by the Contractor providing an identification of the portion of the Drawings or the Specifications pertaining to the Submittal, with each Submittal numbered consecutively for ease of reference along with the following information: (i) date of submission; (ii) project name; (iii) name of submitting Subcontractor; and (iv) if applicable, the revision number. The foregoing information is in addition to, and not in lieu of, any other information required for the Architect's review, evaluation and approval of the Contractor's Submittals.

4.8.2.5 Contractor Responsibility for Deviations. The Contractor shall not be relieved of responsibility for correcting deviations from the requirements of the Contract Documents by the Architect's review of Submittals unless the Contractor has specifically informed the Architect in writing of such deviation at the time of submission of the Submittal to the Project Manager and the Architect has given written approval to the specific deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Submittals by the Architect's review thereof.

4.8.2.6 No Performance of Work Without Architect Review. The Contractor shall perform no portion of the Work requiring the Architect’s review of Submittals until the Architect has completed its review and the Project Manager has returned the Submittal to the Contractor indicating “No Exception Taken” to such Submittal. The Contractor shall not perform any portion of the Work forming a part of a Submittal or which is affected by a related Submittal until the entirety of the Submittal or other related Submittal has been fully processed. Such Work shall be in accordance with the final action taken by the Architect in review of Submittals and other applicable portions of the Contract Documents.

4.8.3 Architect Review of Submittals. The purpose of the Architect’s review of Submittals and the time for the Architect’s return of Submittals to the Contractor shall be as set forth elsewhere in the Contract Documents. If the Architect returns a Submittal as rejected or requiring correction(s) with re-submission, the Contractor, so as not to delay the progress of the Work, shall promptly thereafter resubmit a Submittal conforming with the requirements of the Contract Documents; the resubmitted Submittal shall indicate the portions thereof modified in accordance with the Architect’s direction. When professional certification of performance criteria of materials, systems or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon the accuracy and completeness of such calculations and certifications accompanying Submittals. The Architect's review of the Submittals is for the limited purposes described in the Contract Documents.

4.8.4 Deferred Approval Items. In the event that any portion of the Work is designated in the Contract Documents as a "Deferred Approval" item, Contractor shall be solely and exclusively responsible for the preparation of Submittals for such item(s) in a timely manner so as not to delay or hinder the completion of the Work within the Contract Time.

4.9 Materials and Equipment.



4.9.1 Specified Materials, Equipment. Except as otherwise provided, references in the Contract Documents to any specific article, device, equipment, product, material, fixture, patented process, form, method or type of construction, by name, make, trade name, or catalog number, with or without the words "or equal" shall be deemed to establish a minimum standard of quality or performance, and shall not be construed as limiting competition. The foregoing notwithstanding, if any specified material, equipment or other item is specified by manufacturer, brand and/or model number along with the notation that such material, equipment or other item has been subject to a finding under Public Contract Code §3400 that it is specified to match existing products in use, no substitution or alternative to the specified material, equipment or other item will be considered and the Contractor must furnish and install the specified material, equipment or other item. The District has adopted standard specifications for certain materials, equipment and other items (“District Standard Specifications”). Where the District Standard Specifications are used in the Work, no requests for substitutions or alternatives will be considered except for approved equal and/or acceptable manufacturers.

4.9.2 Approval of Substitutions or Alternatives. Except in the case of District Standard Specifications, or when pre-construction services have been provided by the contractor, the Contractor may propose to furnish alternatives or substitutes for a particular item specified in the Contract Documents, provided that such proposed substitution or alternative complies with the requirements of the Specifications relating to substitutions of specified items and the Contractor certifies to the Architect that the quality, performance capability and functionality (including visual and/or aesthetic effect) of the proposed alternative or substitute will meet or exceed the quality, performance capability and functionality of the item or process specified, and must demonstrate to the Architect that the use of the substitution or alternative is appropriate and will not delay completion of the Work or result in an increase to the Contract Price. The Contractor shall submit engineering, construction, dimension, visual, aesthetic and performance data to the Architect to permit its proper evaluation of the proposed substitution or alternative. If requested by the Architect, Contractor shall promptly furnish any additional information or data regarding a proposed substitution or alternative which the Architect deems reasonably necessary for the evaluation of the proposed substitution or alternative. The Contractor shall not provide, furnish or install any substitution or alternative without the Architect's review and final action on the proposed substitution or alternative; any alternative or substitution installed or incorporated into the Work without first obtaining the Architect's review and final action of the same shall be subject to removal pursuant to Article 12 hereof. The Architect's decision evaluating the Contractor's proposed substitutions or alternatives shall be final. Neither the Contract Time nor the Contract Price shall be increased on account of any substitution or alternative proposed by the Contractor and which is accepted by the Architect; provided, however, that in the event a substitution or alternative accepted by the Architect and purchase, fabrication and/or installation or such accepted substitution or alternative shall be less expensive than the originally specified item, the Contract Price shall be reduced by the actual cost savings realized by the Contractor's furnishing and/or installation of such approved substitution or alternative. The Contractor shall be solely responsible for all costs and fees incurred by the District to review a proposed substitution or alternative, including without limitation fees of the Architect, of the Architect's consultant(s) and/or governmental agencies to review and/or approve any proposed substitution or alternative. The Contractor shall be solely responsible for any increase in the cost of any accepted substitution or alternative or any Work affected by such alternative or substitution. The foregoing notwithstanding, all requests for the Architect's review and approval of any proposed substitution or alternative and all engineering, construction, dimension and performance data substantiating the equivalency of the proposed substitution or alternative shall be submitted by Contractor not later than thirty-five (35) days following the date of the District’s Notice to Proceed with the Work or phase of the Work; any request for approval of proposed alternatives or substitutions submitted thereafter may be rejected summarily. The foregoing process and time limits shall apply to any proposed substitution or alternative regardless of whether the substitute or alternate item is to be provided, furnished or installed by Contractor, any Subcontractor, any Sub-Subcontractor, Material Supplier or Manufacturer.

4.9.3 Placement of Material and Equipment Orders. Contractor shall, after award of the Contract, promptly and timely place all orders for materials and/or equipment necessary for completion of the Work so that delivery of the same shall be made without delay or interruption to the timely completion of the Work. Contractor shall require that any Subcontractor or Sub-Subcontractor



performing any portion of the Work similarly place orders for all materials and/or equipment to be furnished by any such Subcontractor or Sub-Subcontractor in a prompt and timely manner so that delivery of the same shall be made without delay or interruption to the timely completion of the Work. Upon request of the District or the Project Manager, the Contractor shall furnish reasonably satisfactory written evidence of the placement of orders for materials and/or equipment necessary for completion of the Work, including without limitation, orders for materials and/or equipment to be provided, furnished or installed by any Subcontractor or Sub-Subcontractor.

4.9.4 District's Right to Place Orders for Materials and/or Equipment. Notwithstanding any other provision of the Contract Documents, in the event that the Contractor shall, upon request of the District or the Project Manager, fail or refuse, for any reason, to provide reasonably satisfactory written evidence of the placement of orders for materials and/or equipment necessary for completion of the Work, or should the District determine, in its sole and reasonable discretion, that any orders for materials and/or equipment have not been placed in a manner so that such materials and/or equipment will be delivered to the Site so the Work can be completed without delay or interruption, the District shall have the right, but not the obligation, to place such orders on behalf of the Contractor. If the District exercises the right to place orders for materials and/or equipment pursuant to the foregoing, the District's conduct shall not be deemed to be an exercise, by the District, of any control over the means, methods, techniques, sequences or procedures for completion of the Work, all of which remain the responsibility and obligation of the Contractor. Notwithstanding the right of the District to place orders for materials and/or equipment pursuant to the foregoing, the election of the District to exercise, or not to exercise, such right shall not relieve the Contractor from any of Contractor's obligations under the Contract Documents, including without limitation, completion of the Work within the Contract Time and for the Contract Price. If the District exercises the right hereunder to place orders for materials and/or equipment on behalf of Contractor pursuant to the foregoing, Contractor shall reimburse the District for all costs and fees incurred by the District in placing such orders; such costs and fees may be deducted by the District from the Contract Price then or thereafter due the Contractor.

4.10 Safety.

4.10.1 Safety Programs. The Contractor shall be solely responsible for initiating, maintaining and supervising all safety programs required by applicable law, ordinance, regulation or governmental orders in connection with the performance of the Contract, or otherwise required by the type or nature of the Work. The Contractor's safety program shall include all actions and programs necessary for compliance with California or federally statutorily mandated workplace safety programs, including without limitation, compliance with the California Drug Free Workplace Act of 1990 (California Government Code §§8350 et seq.). Without limiting or relieving the Contractor of its obligations hereunder, the Contractor shall require that its Subcontractors similarly initiate and maintain all appropriate or required safety programs. Prior to commencement of Work at the Site, the Contractor shall provide the Project Manager with the Contractor’s proposed safety program for the Work for the Project Manager’s review and acceptance. Without adjustment of the Contract Price or the Contract Time, the Contractor shall modify and re-submit its proposed safety plan to incorporate modifications thereto requested by the Project Manager. The Project Manager is authorized to enforce the Contractor’s obligation to implement the safety program accepted by the Project Manager.

4.10.2 Safety Precautions. The Contractor shall be solely responsible for initiating and maintaining reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: (i) employees on the Work and other persons who may be affected thereby; (ii) the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub-subcontractors; and (iii) other property or items at the site of the Work, or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. The Contractor shall take adequate precautions and measures to protect existing roads, sidewalks, curbs, pavement, utilities, adjoining property and improvements thereon (including without limitation, protection from settlement or loss of lateral support) and to avoid damage thereto. Without adjustment of the Contract Price or the Contract Time, the Contractor shall repair, replace or restore any damage or



destruction of the foregoing items as a result of performance or installation of the Work.

4.10.3 Safety Signs, Barricades. The Contractor shall erect and maintain, as required by existing conditions and conditions resulting from performance of the Contract, reasonable safeguards for safety and protection of property and persons, including, without limitation, posting danger signs and other warnings against hazards, promulgating safety regulations and notifying Districts and users of adjacent sites and utilities.

4.10.4 Safety Notices. The Contractor shall give or post all notices required by applicable law and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss.

4.10.5 Safety Coordinator. The Contractor shall designate a competent member of the Contractor's organization at the Site whose duty shall be the prevention of accidents and the implementation and maintenance safety precautions and programs. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Project Manager.

4.10.6 Emergencies; First Aid. In an emergency affecting safety of persons or property, the Contractor shall act, to prevent threatened damage, injury or loss. The Contractor shall maintain stocked emergency first aid kits at the Site which comply with applicable law, rule or regulation.

4.10.7 Hazardous Materials.

4.10.7.1 General. In the event that the Contractor, any Subcontractor or anyone employed directly or indirectly by them shall use, at the Site, or incorporate into the Work, any material or substance deemed to be hazardous or toxic under any law, rule, ordinance, regulation or interpretation thereof (collectively "Hazardous Materials"), the Contractor shall comply with all laws, rules, ordinances or regulations applicable thereto and shall exercise all necessary safety precautions relating to the use, storage or disposal thereof. Unless otherwise provided, Contractor shall be solely responsible for the transportation and disposal of any Hazardous Materials on or about the Site.

4.10.7.2 Prohibition on Use of Asbestos Construction Building Materials ("ACBMs"). Notwithstanding any provision of the Drawings or the Specifications to the contrary, it is the intent of the District that ACBMs not be used or incorporated into any portion of the Work. In the event that any portion of the Work depicted in the Drawings or the Specifications shall require materials or products which the Contractor knows, or should have known with reasonably diligent investigation, to contain ACBMs, Contractor shall promptly notify the Project Manager of the same so that an appropriate alternative can be made in a timely manner so as not to delay the progress of the Work. Contractor warrants to the District that there are no materials or products used or incorporated into the Work which contain ACBMs. Whether before or after completion of the Work, if it is discovered that any product or material forming a part of the Work or incorporated into the Work contains ACBMs, the Contractor shall at its sole cost and expense remove such product or material in accordance with any laws, rules, procedures and regulations applicable to the handling, removal and disposal of ACBMs and to replace such product or material with non-ACBM products or materials and to return the affected portion(s) of the Work to the finish condition depicted in the Drawings and Specifications relating to such portion(s) of the Work. Contractor's obligations under the preceding sentence shall survive the termination of the Contract, the warranty period provided under the Contract Documents, the Contractor's completion of the Work or the District's acceptance of the Work. In the event that the Contractor shall fail or refuse, for any reason, to commence the removal and replacement of any material or product containing ACBMs forming a part of, or incorporated into the Work, within ten (10) days of the date of the District's written notice to the Contractor of the existence of ACBM materials or products in the Work, the District may thereafter proceed to cause the removal and replacement of such materials or products in any manner which the District determines to be reasonably necessary and appropriate; all costs, expenses and fees, including without limitation fees and costs of consultants and attorneys, incurred by the District in connection with such removal and replacement shall be the responsibility of the Contractor and the Contractor's Performance Bond Surety.



4.10.7.3 Disposal of Hazardous Materials. Contractor shall be solely and exclusively responsible for the disposal of any Hazardous Materials on or about the Contractor's obligations hereunder shall include without limitation, the transportation and disposal of any Hazardous Materials in strict conformity with any and all applicable laws, regulations, orders, procedures or ordinances.

4.10.7.4 Encountering of Hazardous Materials. If the Contractor encounters Hazardous Materials at the Site which have not been rendered harmless or for which there is no provision in the Contract Documents for their containment, removal, abatement or handling, the Contractor shall immediately stop the Work in the affected area and shall immediately notify the District, in writing, of such condition. The Contractor shall diligently proceed with the Work in all other unaffected areas. The Contractor shall proceed with the Work in the affected area only after the Hazardous Materials have been rendered harmless, contained, removed or abated. In the event such Hazardous Materials are encountered, the Contractor shall be entitled to an adjustment of the Contract Time to the extent that the Work is stopped and Substantial Completion of the Work is affected thereby. In no event shall there be an adjustment to the Contract Price solely on account of the Contractor encountering such Hazardous Materials.

4.10.7.5 Material Safety Data Sheets. Contractor is required to insure that Material Safety Data Sheets (MSDS) for any material requiring a MSDS pursuant to the federal “hazard communication” standard or employee’s right-to-know law are available in a readily accessible place on the Work premises. The Contractor is also required to insure (i) the proper labeling of any substance brought onto the Work premises, and (ii) that the persons working with the material, or within the general area of the material, are informed about the hazards of the substance and follow proper handling and protection procedures.

4.10.7.6 Compliance with Proposition 65. Contractor is required to comply with the provisions of California Health and Safety Code § 25249.5, et seq., which requires the posting and giving of notice to persons who may be exposed to any chemical known to the State of California to cause cancer. The Contractor agrees to familiarize itself with such statutory provisions and to fully comply with the requirements set forth therein.

4.11 Maintenance of Documents.

4.11.1 Documents at Site. The Contractor shall maintain at the Site: (i) one record copy of the Drawings, Specifications and all addenda thereto; (ii) Change Orders approved by the District and all other modifications to the Contract Documents; (iii) Submittals reviewed by the Architect; (iv) Requests for Information and responses thereto; (v) Record Drawings; (vi) Material Safety Data Sheets (“MSDS”) accompanying any materials, equipment or products delivered or stored at the Site or incorporated into the Work; and (vii) all building and other codes or regulations applicable to the Work, including without limitation, Title 24, Part 2 of the California Code of Regulations. During performance of the Work, all documents maintained by Contractor at the Site shall be available to the District, the Project Manager, the Architect, the Project Inspector and DSA for review, inspection or reproduction. Upon completion of the Work, all documents maintained at the Site by the Contractor pursuant to the foregoing, except for (vii), shall be assembled and transmitted to the Project Manager for delivery to the District.

4.11.2 Maintenance of Record Drawings. During its performance of the Work, the Contractor shall continuously maintain Record Drawings consisting of a set of the Drawings which are marked to indicate all field changes made to adapt the Work depicted in the Drawings to field conditions, changes resulting from Change Orders and all concealed or buried installations, including without limitation, piping, conduit and utility services. The Record Drawings shall be clean and all changes, corrections and dimensions shall be marked in a neat and legible manner in a contrasting color. All buried or concealed items of Work shall be completely and accurately marked and located on the Record Drawings. Record Drawings relating to the Structural, Mechanical, Electrical and Plumbing portions of the Work shall indicate without limitation, circuiting, wiring sizes, equipment/member sizing and shall depict the entirety of the as built conditions of such portions of the Work. At any time during the Contractor's performance of the Work, upon the request of the District, the Project Inspector or the Architect, the Contractor shall make the Record Drawings maintained here under available for the District's review and inspection. The District's review and inspection of the Record Drawings during



the Contractor's performance of the Work shall be only for the purpose of generally verifying that Contractor is continuously maintaining the Record Drawings in a complete and accurate manner; any such inspection or review shall not be deemed to be the District's approval or verification of the completeness or accuracy thereof. The failure or refusal of the Contractor to continuously maintain complete and accurate Record Drawings or to make available the Record Drawings for inspection and review by the District may be deemed by the District to be Contractor's default of a material obligation hereunder. Payments to the Contractor are conditioned upon continuous maintenance and completion of the Record Documents pursuant to Articles 8.3.2 and 8.3.3. Without waiving, restricting or limiting any other right or remedy of the District for the Contractor's failure or refusal to continuously maintain the Record Drawings, the District may, upon reasonably determining that the Contractor has not, or is not, continuously maintaining the Record Drawings in a complete and accurate manner, take appropriate action to cause the continuous maintenance of complete and accurate Record Drawings, in which event all fees and costs incurred or associated with such action shall be charged to the Contractor and the District may deduct the amount of such fees and costs from any portion of the Contract Price then or thereafter due the Contractor. In accordance with Article 8.4.2 of these General Conditions, prior to receipt of the Final Payment, Contractor shall deliver the Record Drawings to the Architect.

4.12 Wage Rates; Employment of Labor.

4.12.1 Limited Exemption. The Project is not subject to the following limited exemption set forth in Labor Code § 1771.5, which code establishes that the payment of prevailing wage rates is not required on any project of $25,000 or less when the project is for construction work, or for any project of $15,000 or less when the project is for reconstruction, alteration, demolition, repair, or maintenance work.

4.12.2 Payment of Prevailing Rates. There shall be paid each worker of the Contractor, or any Subcontractor, of any tier, engaged in the Work, not less than the general prevailing wage rate of per diem wages for straight time as well as for Saturday, Sunday, holiday and overtime work, regardless of any contractual relationship which may be alleged to exist between the Contractor or any Subcontractor, of any tier, and such worker.

4.12.3 Determination of Prevailing Rates. Pursuant to the provisions of Division 2, Part 7, Chapter 1, Article 2 of the California Labor Code at §§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 prevailing rate for Saturday, Sunday, holiday and overtime work in the locality in which the Work is to be performed. Holidays shall be as defined in the collective bargaining agreement applicable to each particular craft, classification or type of worker employed under the Contract. Per diem wages include employer payments for health and welfare, pensions, vacation, travel time and subsistence pay as provided in California Labor Code §1773.8, apprenticeship or other training programs authorized by California Labor Code §3093, and similar purposes when the term "per diem wages" is used herein. Saturday, Sunday, holiday and overtime work, when permitted by law, shall be paid for at the rate of at least one and one-half (1½) times the above specified rate of per diem wages, unless otherwise specified.

4.12.4 Posting of Prevailing Wage Rates. The Contractor shall post, at appropriate and conspicuous locations on the Site, a schedule showing all determined general prevailing wage rates. The rates of per diem wages for each of the various classifications of crafts shall be the hereinabove referenced prevailing rates of hourly wages, unless otherwise specified in the Director of Industrial Relations’ determination. Contractor is responsible for ascertaining and complying with all rates for crafts which are not listed, and for any and all determinations subsequent to those listed. Questions pertaining to prevailing wages should be directed to the Division of Labor Statistics and Research, P.O. Box 420603, San Francisco, CA 94142.

4.12.5 Prevailing Rate Penalty. The Contractor shall, as a penalty, forfeit Fifty Dollars ($50.00) to the District for each calendar day or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of the Department of Industrial Relations for such work or craft in which such worker is employed for the Work by the Contractor or by any Subcontractor, of any tier, in connection with the Work. Pursuant to California Labor Code §1775, the difference between



prevailing wage rates and the amount paid to each worker each calendar day, or portion thereof, for which each worker paid less than the prevailing wage rate, shall be paid to each worker by the Contractor. The amount of this penalty shall be determined by the Labor Compliance Officer, and shall be based on consideration of Contractor mistakes, inadvertence, or neglect in failing to pay the correct rate of prevailing wages. All penalties or forfeitures from prevailing wage violations shall be deposited into the District’s general fund, pursuant to Labor Code §§1771.5 and 1771.6.

4.12.6 Payroll Records. The Contractor and all subcontractors shall furnish certified payroll records as required pursuant to Labor Code §1776 directly to the Labor Commissioner in accordance with Labor Code §1771.4 on at least 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 §1720 et seq. at no penalty or cost to the District.

4.12.7 Prevailing Wage Rate Monitoring and Enforcement. During the work and pursuant to Labor Code section 1771.4(a)(4), the Department of Industrial Relations shall monitor and enforce the obligation of the Contractor and Subcontractors of every tier to pay laborers performing any portion of the Work the prevailing wage rates established for the classification of work/labor performed.

4.12.8 Public Records Requests. The payroll records for the Contractor and subcontractors of every tier shall be certified and available for inspection at all reasonable hours at the principal office of the Contractor on the following basis: a certified copy of an employee's payroll record shall be made available for inspection or furnished to such employee or his/her authorized representative on request. The certified payroll records submitted by the Contractor to the District as a condition of performance of the work are available through the District’s Labor Compliance representative to fulfill public records requests on the following basis: (i) a certified copy of all payroll records shall be made available for inspection or furnished upon request to the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations; (ii) a certified copy of payroll records shall be made available upon request to the public for inspection or copies thereof made; provided, however, that a request by the public shall be made through either the District, its Labor Compliance Officer, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. The requesting party shall, prior to being provided the records, reimburse the cost of preparation by the District, 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; (iii) the Labor Compliance representative shall file a certified copy of the payroll records with the entity that requested such records within ten (10) days after receipt of a written request; (iv) 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 in such a manner as to prevent disclosure of an individual's name, address and social security number, as applicable. The name and address of the Contractor or any Subcontractor, of any tier, performing a part of the Work shall not be marked or obliterated. In the event of noncompliance with the requirements of this Article, the Contractor shall have ten (10) days in which to comply, subsequent to receipt of written notice specifying in what respects the Contractor must comply herewith. Should noncompliance still be evident after such 10-day period, the Contractor shall be subject to the penalties set forth below.

4.12.9 Penalty for Noncompliance. In the event of noncompliance with the requirements of this Article 4.12.4, the Contractor shall, as a penalty to the District, forfeit Twenty-Five Dollars ($25.00) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon receipt of approval from the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from any portion of the Contract Price then or thereafter due the Contractor. The responsibility for compliance with the foregoing provisions shall rest upon the Contractors.

4.12.10 Hours of Work.

4.12.10.1 Limits on Hours of Work. Pursuant to California Labor Code §1810, eight (8) hours of labor shall constitute a legal day's work. Pursuant to California Labor Code §1811, the time of



service of any worker employed at any time by the Contractor or by a Subcontractor, of any tier, upon the Work or upon any part of the Work, is limited and restricted to eight (8) hours during any one calendar day and forty (40) hours during any one calendar week, except as hereafter provided. Notwithstanding the foregoing provisions, Work performed by employees of Contractor or any Subcontractor, of any tier, in excess of eight (8) hours per day and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half (1½) times the basic rate of pay.

4.12.10.2 Penalty for Excess Hours. The Contractor shall pay to the District a penalty of Twenty-five Dollars ($25.00) for each worker employed on the Work by the Contractor or any Subcontractor, of any tier, for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any calendar day and forty (40) hours in any one calendar week, in violation of the provisions of the California Labor Code, unless compensation to the worker so employed by the Contractor is not less than one and one-half (1½) times the basic rate of pay for all hours worked in excess of eight (8) hours per day.

4.12.10.3 Contractor Responsibility. Any Work performed by workers necessary to be performed after regular working hours or on Saturdays, Sundays or other holidays shall be performed without adjustment to the Contract Price or any other additional expense to the District. The Contractor shall be responsible for costs incurred by the District which arise out of Work performed by the Contractor at times other than regular working hours and regular working days. Upon determination of such costs, the District may deduct such costs from the Contract Price then or thereafter due the Contractor.

4.12.11 Apprentices.

4.12.11.1 Employment of Apprentices. Any apprentices employed to perform any of the Work shall be paid the standard wage paid to apprentices under the regulations of the craft or trade for which such apprentice is employed, and such individual shall be employed only for the work of the craft or trade to which such individual is registered. Only apprentices, as defined in California Labor Code §3077 who are in training under apprenticeship standards and written apprenticeship agreements under California Labor Code §§3070 et seq. are eligible to be employed for the Work. The employment and training of each apprentice shall be in accordance with the provisions of the apprenticeship standards and apprentice agreements under which such apprentice is training.

4.12.11.2 Apprenticeship Certificate. When the Contractor or any Subcontractor, of any tier, in performing any of the Work employs workers in any Apprenticeable Craft or Trade, the Contractor and such Subcontractor shall apply to the Joint Apprenticeship Committee administering the apprenticeship standards of the craft or trade in the area of the site of the Work for a certificate approving the Contractor or such Subcontractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected, provided, however, that the approval as established by the Joint Apprenticeship Committee or Committees shall be subject to the approval of the Administrator of Apprenticeship. The Joint Apprenticeship Committee or Committees, subsequent to approving the Contractor or Subcontractor, shall arrange for the dispatch of apprentices to the Contractor or such Subcontractor in order to comply with California Labor Code §1777.5. The Contractor and Subcontractors shall submit contract award information to the applicable Joint Apprenticeship Committee which shall include an estimate of journeyman hours to be performed under the Contract, the number of apprentices to be employed, and the approximate dates the apprentices will be employed. There shall be an affirmative duty upon the Joint Apprenticeship Committee or Committees, administering the apprenticeship standards of the crafts or trades in the area of the site of the Work, to ensure equal employment and affirmative action and apprenticeship for women and minorities. Contractors or Subcontractors shall not be required to submit individual applications for approval to local Joint Apprenticeship Committees provided they are already covered by the local apprenticeship standards.

4.12.11.3 Ratio of Apprentices to Journeymen. The ratio of Work performed by apprentices to journeymen, who shall be employed in the Work, may be the ratio stipulated in the apprenticeship standards under which the Joint Apprenticeship Committee operates, but in no case shall the ratio be less than one hour of apprentice work for each five hours of labor performed by a journeyman, except



as otherwise provided in California Labor Code §1777.5. The minimum ratio for the land surveyor classification shall not be less than one apprentice for each five journeymen. Any ratio shall apply during any day or portion of a day when any journeyman, or the higher standard stipulated by the Joint Apprenticeship Committee, is employed at the site of the Work and shall be computed on the basis of the hours worked during the day by journeymen so employed, except for the land surveyor classification. The Contractor shall employ apprentices for the number of hours computed as above before the completion of the Work. The Contractor shall, however, endeavor, to the greatest extent possible, to employ apprentices during the same time period that the journeymen in the same craft or trade are employed at the site of the Work. Where an hourly apprenticeship ratio is not feasible for a particular craft or trade, the Division of Apprenticeship Standards, upon application of a Joint Apprenticeship Committee, may order a minimum ratio of not less than one apprentice for each five journeymen in a craft or trade classification. The Contractor or any Subcontractor covered by this Article and California Labor Code §1777.5, upon the issuance of the approval certificate, or if it has been previously approved in such craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. Upon proper showing by the Contractor that it employs apprentices in such craft or trade in the State of California on all of its contracts on an annual average of not less than one apprentice to each five journeymen, the Division of Apprenticeship Standards may grant a certificate exempting the Contractor from the 1-to-5 ratio as set forth in this Article and California Labor Code §1777.5. This Article shall not apply to contracts of general contractors, or to contracts of specialty contractors not bidding for work through a general or prime contractor, involving less than Thirty Thousand Dollars ($30,000.00) or twenty (20) working days. The term "Apprenticeable Craft or Trade," as used herein shall mean a craft or trade determined as an Apprenticeable occupation in accordance with rules and regulations prescribed by the Apprenticeship Council.

4.12.11.4 Exemption From Ratios. The Joint Apprenticeship Committee shall have the discretion to grant a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting the Contractor from the 1-to-5 ratio set forth in this Article when it finds that any one of the following conditions are met: (i) unemployment for the previous three-month period in such area exceeds an average of fifteen percent (15%) or; (ii) the number of apprentices in training in such area exceeds a ratio of 1-to-5 in relation to journeymen, or; (iii) the Apprenticeable Craft or Trade is replacing at least one-thirtieth (1/30) of its journeymen annually through apprenticeship training, either on a statewide basis or on a local basis, or; (iv) if assignment of an apprentice to any Work performed under the Contract Documents would create a condition which would jeopardize such apprentice's life or the life, safety or property of fellow employees or the public at large, or if the specific task to which the apprentice is to be assigned is of such a nature that training cannot be provided by a journeyman. When such exemptions from the 1-to-5 ratio between apprentices and journeymen are granted to an organization which represents contractors in a specific trade on a local or statewide basis, the member contractors will not be required to submit individual applications for approval to local Joint Apprenticeship Committees, provided they are already covered by the local apprenticeship standards.

4.12.11.5 Contributions to Trust Funds. The Contractor or any Subcontractor, of any tier, who, performs any of the Work by employment of journeymen or apprentices in any Apprenticeable Craft or Trade and who is not contributing to a fund or funds to administer and conduct the apprenticeship program in any such craft or trade in the area of the site of the Work, to which fund or funds other contractors in the area of the site of the Work are contributing, shall contribute to the fund or funds in each craft or trade in which it employs journeymen or apprentices in the same amount or upon the same basis and in the same manner as the other contractors do, but where the trust fund administrators are unable to accept such funds, contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council. The Division of Labor Standards Enforcement is authorized to enforce the payment of such contributions to such fund(s) as set forth in California Labor Code §227. Such contributions shall not result in an increase in the Contract Price.

4.12.11.6 Contractor's Compliance. The responsibility of compliance with this Article for all Apprenticeable Trades or Crafts is solely and exclusively that of the Contractor. All decisions of the Joint Apprenticeship Committee(s) under this Article are subject to the provisions of California Labor Code §3081. In the event the Contractor willfully fails to comply with the provisions of this Article and California Labor Code §1777.5, pursuant to California Labor Code §1777.7, the Contractor shall: (i)



be denied the right to bid on any public works contract for a period of one (1) year from the date the determination of non-compliance is made by the Administrator of Apprenticeship; and (ii) forfeit, as a civil penalty, Fifty Dollars ($50.00) for each calendar day of noncompliance. Notwithstanding the provisions of California Labor Code §1727, upon receipt of such determination, the District shall withhold such amount from the Contract Price then due or to become due. Any such determination shall be issued after a full investigation, a fair and impartial hearing, and reasonable notice thereof in accordance with reasonable rules and procedures prescribed by the California Apprenticeship Council. Any funds withheld by the District pursuant to this Article shall be deposited in the General Fund or other similar fund of the District. The interpretation and enforcement of California Labor Code §§1777.5 and 1777.7 shall be in accordance with the rules and procedures of the California Apprenticeship Council.

4.12.12 Employment of Independent Contractors. Pursuant to California Labor Code §1021.5, Contractor shall not willingly and knowingly enter into any agreement with any person, as an independent contractor, to provide any services in connection with the Work where the services provided or to be provided requires that such person hold a valid contractors license issued pursuant to California Business and Professions Code §§7000 et seq. and such person does not meet the burden of proof of his/her independent contractor status pursuant to California Labor Code §2750.5. In the event that Contractor shall employ any person in violation of the foregoing, Contractor shall be subject to the civil penalties under California Labor Code §1021.5 and any other penalty provided by law. In addition to the penalties provided under California Labor Code §1021.5, Contractor's violation of this Article 4.18.7 or the provisions of California Labor Code §1021.5 shall be deemed an event of Contractor's default under Article 15.1 of these General Conditions. The Contractor shall require any Subcontractor or Sub-Subcontractor performing or providing any portion of the Work to adhere to and comply with the foregoing provisions.

4.13 Assignment of Antitrust Claims. Pursuant to California Government Code §4551, the Contractor and its Subcontractor(s), of any tier, hereby offers and agrees to assign to the District all rights, title and interest in and to all causes of action they may have under Section 4 of the Clayton Act, (15 U.S.C. §15) or under the Cartwright Act (California Business and Professions Code §§16700 et seq.), arising from purchases of goods, services or materials hereunder or any Subcontract. This assignment shall be made and become effective at the time the District tenders Final Payment to the Contractor, without further acknowledgment by the parties. If the District receives, either through judgment or settlement, a monetary recovery in connection with a cause of action assigned under California Government Code §§4550 et seq., the assignor thereof 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 Contract Price, less the expenses incurred by the District in obtaining that portion of the recovery. Upon demand in writing by the assignor, the District shall, within one 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 (i) the District has not been injured thereby; or (ii) the District declines to file a court action for the cause of action.

4.14 Patents and Royalties. The Contractor and the Surety shall defend, indemnify and hold harmless the District and its agents, employees and officers from any claim, demand or legal proceeding arising out of or pertaining, in any manner, to any actual or claimed infringement of patent rights in connection with performance of the Work under the Contract Documents.

ARTICLE 5: SUBCONTRACTORS

5.1 Subcontracts. Any Work performed for the Contractor by a Subcontractor shall be pursuant to a written agreement between the Contractor and such Subcontractor which specifically incorporates by reference the Contract Documents and which specifically binds the Subcontractor to the applicable terms and conditions of the Contract Documents, including without limitation, the policies of insurance required under Article 6 of these General Conditions and the termination provisions of Article 15, and obligates the Subcontractor to assume toward the Contractor all the obligations and responsibilities of the Contractor which by the Contract Documents the Contractor assumes toward the District, the District Inspector, DSA, the Project Manager and the Architect. The foregoing notwithstanding, no



contractual relationship shall exist, or be deemed to exist, between any Subcontractor and the District, unless the Contract is terminated and District, in writing, elects to assume the Subcontract. Each Subcontract for a portion of the Work shall provide that such Subcontract may be assigned to the District if the Contract is terminated by the District pursuant to Article 15.1 hereof, subject to the prior rights of the Surety obligated under a bond relating to the Contract. Upon request, the Contractor shall provide to the District copies of all executed Subcontracts and Purchase Orders, including amendments thereto, to which Contractor is a party within seven (7) days of District’s request for same. The Contractor's failure or refusal, for any reason, to provide copies of such Subcontracts or Purchase Orders shall be deemed the Contractor's default of a material term of the Contract Documents.

5.2 Substitution of Listed Subcontractor.

5.2.1 Substitution Process. Any request of the Contractor to substitute a listed Subcontractor will be considered only if such request is in strict conformity with this Article 5.2 and California Public Contract Code §4107. All costs incurred by the District, including without limitation, costs of the Project Inspector, the Architect, the Project Manager or attorneys’ fees in the review and evaluation of a request to substitute a listed Subcontractor shall be borne by the Contractor; such costs may be deducted by the District from the Contract Price then or thereafter due the Contractor.

5.2.2 Responsibilities of Contractor Upon Substitution of Subcontractor. Neither the substitution nor the District's consent to Contractor's substitution of a listed Subcontractor shall relieve Contractor from its obligation to complete the Work within the Contract Time and for the Contract Price. In the event that the District determines that revised or additional Submittals are required of the newly substituted Subcontractor, the District shall promptly notify the Contractor, in writing, of such requirement and the time for submittal. In the event that the revised or additional Submittals are not submitted by Contractor within the time specified, Contractor shall be subject to the per diem assessments for late Submittals as set forth in Article 4.8 of these General Conditions. Any revised or additional Submittals required pursuant to this Article 5.2.2 shall conform with the requirements of Article 4.8 of these General Conditions. Contractor shall reimburse the District for all fees and costs incurred or associated with the processing, review and evaluation of any revised or additional Submittals required pursuant to this Article 5.2.2; the District may deduct such fees and costs from any portion of the Contract Price then or thereafter due the Contractor. In the event that additional or revised Submittals are required pursuant to this Article 5.2.2, such requirement shall not result in an increase to the Contract Time or the Contract Price.

5.3 Subcontractors’ Work. Whenever the Work of a Subcontractor is dependent upon the Work of the Contractor or another Subcontractor, the Contractor shall require the Subcontractor to: (a) coordinate its Work with the dependent Work; (b) provide necessary dependent data and requirements; (c) supply and/or install items to built into the dependent Work of others; (d) make appropriate provisions for dependent Work of others; (e) carefully examine and understand the portions of the Contract Documents (including Drawings, Specifications and Field Clarifications) and Submittals relating to the dependent Work; and (f) examine the existing dependent Work and verify that the dependent Work is in proper condition for the Subcontractor’s Work. If the dependent Work is not in a proper condition, the Subcontractor shall notify the Contractor in writing and not proceed with the Subcontractor’s Work until the dependent Work has been corrected or replaced and is in a proper condition for the Subcontractor’s Work.

ARTICLE 6: INSURANCE; INDEMNITY; BONDS

6.1 Workers' Compensation Insurance; Employer's Liability Insurance. The Contractor shall purchase and maintain Workers' Compensation Insurance as will protect the Contractor from claims under workers' or workmen's compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. Contractor shall purchase and maintain Employer's Liability Insurance covering bodily injury (including death) by accident or disease to any employee which arises out of the employee's employment by Contractor. The Employer's Liability Insurance required of Contractor hereunder may be obtained by Contractor as a separate policy of insurance or as an



additional coverage under the Workers' Compensation Insurance required to be obtained and maintained by Contractor hereunder. The limits of liability for the Employer's Liability Insurance required hereunder shall be as set forth in the Supplemental Conditions.

6.2 Commercial General and Automobile Liability Insurance. The Contractor shall purchase and maintain Commercial General and Automobile Liability Insurance including Property Damage and Products/Completed Operations. The Liability Insurance required shall cover the types of claims set forth below which may arise out of or result from Contractor's operations under the Contract Documents and for which the Contractor may be legally responsible: (i) claims for damages because of bodily injury or death; (ii) claims for damages because of personal injury; (iii) claims for damage to property; (iv) claims caused by the Contractor’s products/completed operations; and (v) claims for damages because of bodily injury, death of a person or property damages arising out of ownership, maintenance or use of a motor vehicle. The limits of liability for the General and Automobile Liability Insurance required for the Project shall be as set forth in the Supplemental Conditions.

6.3 Builder's Risk "All-Risk" Insurance. The District carries Builder’s Risk Insurance for the Project which provides coverage for District-owned property, equipment, and District operations. The District’s Builder’s Risk Insurance does not provide coverage for the property, equipment or the operations of the Contractor or any subcontractor of any tier. The District will not recognize any claims from the Contractor or its subcontractors of any tier for loss or damage due to perils covered by the District’s Builder’s Risk Insurance, nor will such loss or damage excuse the complete and satisfactory performance of the Contract by the Contractor.

6.4 Insurance Policy Requirements. Each policy of insurance required by the Contract Documents shall confirm the following requirements.

6.4.1 Minimum Coverage Amounts. The insurance required of the Contractor hereunder shall be written for not less than any limits of liability specified in the Contract Documents, or required by law, whichever is greater. In the event of any loss or damage covered by a policy of insurance required to be obtained and maintained by the Contractor hereunder, the Contractor shall be solely and exclusively responsible for the payment of the deductible, if any, under such policy of insurance, without adjustment to the Contract Price on account thereof.

6.4.2 Required Qualifications of Insurers. The Contractor and Subcontractors’ policies of Commercial General Liability and Property/Casualty insurance will be accepted by the District only if the insurer(s) are: (a) A.M. Best rated A- or better; (b) A.M. Best Financial Size Category VII or higher; and (c) authorized under California law to transact business in the State of California and authorized to issue insurance policies in the State of California. If at any time during performance of the Work, the insurer(s) issuing a policy of insurance covering Commercial General Liability or Property/Casualty is/are not A.M. Best rated A- or better and is/are not A.M. Best Financial Size Category VII or higher, the Contractor or Subcontractor, as applicable, shall within thirty (30) days of the District’s written notice of the insufficiency of an insurer to the Contractor, obtain insurance coverage(s) from alternative insurer(s) who is/are then A.M. Best rated A- or better and who is/are A.M. Best Financial Size Category VII or higher. If the Contractor fails to deliver Certificate(s) of Insurance from an alternative insurer(s) meeting or exceeding the A.M. Best rating and A.M. Best Financial Size Category set forth above, within thirty (30) days of the date of the District’s issuance of a written notice pursuant to the preceding sentence, in addition to any other right or remedy of the District under the Contract Documents or arising by operation of law, the District may withhold disbursement of any Progress Payment otherwise due hereunder until the Contractor has delivered such Certificate(s) of Insurance from an alternative insurer(s).

6.5 Evidence of Insurance; Subcontractor's Insurance.

6.5.1 Certificates of Insurance. With the execution of the Contract, Contractor shall deliver to the District Certificates of Insurance evidencing the insurance coverages required by the Contract Documents. Failure or refusal of the Contractor to so deliver Certificates of Insurance may be deemed by the District to be a default of a material obligation of the Contractor under the Contract Documents, and thereupon the District may proceed to exercise any right or remedy provided for under the Contract Documents or at law. The Certificates of Insurance and the insurance policies required by the



Contract Documents shall contain a provision that coverages afforded under such policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the District. Should any policy of insurance be canceled before Final Acceptance of the Work by the District and the Contractor fails to immediately procure replacement insurance as required, the District reserves the right to procure such insurance and to deduct the premium cost thereof and other costs incurred by the District in connection therewith from any sum then or thereafter due the Contractor under the Contract Documents. The Contractor shall, from time to time, furnish the District, when requested, with satisfactory proof of coverage of each type of insurance required by the Contract Documents; failure of the Contractor to comply with the District's request may be deemed by the District to be a default of a material obligation of the Contractor under the Contract Documents.

6.5.2 Certificate of Insurance Endorsement. Except for the Workers’ Compensation Insurance, the insurance policies required of the Contractor hereunder shall name the District and its Board of Trustees, officers, employees, agents and representatives as additional insureds as their interest may appear.

6.5.3 Subcontractors' Insurance. Contractor shall require that every Subcontractor, of any tier, performing or providing any portion of the Work obtain and maintain the policies of insurance set forth in Articles 6.1 and 6.2 of these General Conditions; the coverages and limits of liability of such policies of insurance to be obtained and maintained by Subcontractors shall be as set forth in the Supplemental Conditions. The policies of insurance to be obtained and maintained by Subcontractors hereunder are in addition to, and not in lieu of, Contractor obtaining and maintaining such policies of insurance. Each of the policies of insurance obtained and maintained by a Subcontractor hereunder shall conform with the requirements of this Article 6. Upon request of the District, Contractor shall promptly deliver to the District Certificates of Insurance evidencing that the Subcontractors have obtained and maintained policies of insurance in conformity with the requirements of this Article 6. Failure or refusal of the Contractor to provide the District with Subcontractors' Certificates of Insurance evidencing the insurance coverages required hereunder is a material default of Contractor hereunder.

6.5.4 Waiver of Subrogation. Contractor hereby waives, and shall require all subcontractors of any tier to waive all rights against the District, its officers, employees, and agents for recovery of damages to the extent those damages are covered by policies of insurance required of the Contractor and/or subcontractors of any tier.

6.6 Maintenance of Insurance. Any insurance bearing on the adequacy of performance of Work shall be maintained after the District's Final Acceptance of all of the Work for the full one year correction of Work period and any longer specific guarantee or warranty periods set forth in the Contract Documents. Should such insurance be canceled before the end of any such periods and the Contractor fails to immediately procure replacement insurance as specified, the District reserves the right to procure such insurance and to charge the cost thereof to the Contractor. Nothing contained in these insurance requirements is to be construed as limiting the extent of the Contractor's responsibility for payment of damages resulting from its operations or performance of the Work under the Contract Documents, including without limitation the Contractor's obligation to pay Liquidated Damages. In no instance will the District's exercise of its option to occupy and use completed portions of the Work relieve the Contractor of its obligation to maintain insurance required under this Article until the date of Final Acceptance of the Work by the District, or such time thereafter as required by the Contract Documents. The insurer providing any insurance coverage required hereunder shall be to the reasonable satisfaction of the District.

6.7 Contractor's Insurance Primary. All insurance and the coverages thereunder required to be obtained and maintained by Contractor hereunder, if overlapping with any policy of insurance maintained by the District, shall be deemed to be primary and non-contributing with any policy maintained by the District and any policy or coverage thereunder maintained by District shall be deemed excess insurance. To the extent that the District maintains a policy of insurance covering property damage arising out of the perils of fire or other casualty covered by the Contractor’s Builder’s Risk Insurance or the Comprehensive General Liability Insurance of the Contractor or any Subcontractor, the District, Contractor and all Subcontractors waive rights of subrogation against the others. The costs for obtaining and maintaining the insurance coverages required herein shall be



included in the Contract Price.

6.8 Indemnity. Unless arising solely out of the active negligence, gross negligence or willful misconduct the District or the Architect, the Contractor shall indemnify, defend and hold harmless the Indemnified Parties who are: (i) the District and its Board of Trustees, officers, employees, agents and representatives (including the Project Inspector); (ii) the Architect and its consultants for the Work and their respective agents and employees; and (iii) the Project Manager and its agents and employees. The Contractor’s obligations hereunder includes indemnity, defense and hold harmless of the Indemnified Parties from and against any and all damages, losses, claims, demands or liabilities whether for damages, losses or other relief, including, without limitation attorneys fees and costs which arise, in whole or in part, from the Work, the Contract Documents or the acts, omissions or other conduct of the Contractor, any Subcontractor or any person or entity engaged by them for the Work. The Contractor’s obligations under the foregoing include without limitation: (i) injuries to or death of persons; (ii) damage to property; or (iii) theft or loss of property; (iv) Stop Notice claims asserted by any person or entity in connection with the Work; and (v) other losses, liabilities, damages or costs resulting from, in whole or part, any acts, omissions or other conduct of Contractor, any of Contractor's Subcontractors, of any tier, or any other person or entity employed directly or indirectly by Contractor in connection with the Work and their respective agents, officers or employees. The obligations of the Contractor, as set forth in (v) above shall include, without limitation losses, costs, expenses, damages and other claims asserted by any other Contractor to the District in connection with the Work or in connection with a work of improvement related to or affected by the Work. If any action or proceeding, whether judicial, administrative, arbitration or otherwise, shall be commenced on account of any claim, demand or liability subject to Contractor's obligations hereunder, and such action or proceeding names any of the Indemnified Parties as a party thereto, the Contractor shall, at its sole cost and expense, defend the named Indemnified Parties in such action or proceeding with counsel reasonably satisfactory to the named Indemnified Parties. In the event that there shall be any judgment, award, ruling, settlement, or other relief arising out of any such action or proceeding to which any of the Indemnified Parties are subject to, or bound by, Contractor shall pay, satisfy or otherwise discharge any such judgment, award, ruling, settlement or relief; Contractor shall indemnify and hold harmless the Indemnified Parties from any and all liability or responsibility arising out of any such judgment, award, ruling, settlement or relief. The Contractor's obligations hereunder are binding upon Contractor's Performance Bond Surety and these obligations shall survive notwithstanding Contractor's completion of the Work or the termination of the Contract.

6.9 Payment Bond; Performance Bond. Prior to commencement of the Work, the Contractor shall furnish a Performance Bond as security for Contractor's faithful performance of the Contract and a Labor and Material Payment Bond as security for payment of persons or entities performing work, labor or furnishing materials in connection with Contractor's performance of the Work under the Contract Documents. Unless otherwise stated in the Supplemental Conditions, the amounts of the Performance Bond and the Payment Bond required hereunder shall be one hundred percent (100%) of the Contract Price. Said Labor and Material Payment Bond and Performance Bond shall be in the form and content set forth in the Contract Documents. The failure or refusal of the Contractor to furnish either the Performance Bond or the Labor and Material Payment Bond in strict conformity with this Article 6.9 may be deemed by the District as a default by the Contractor of a material obligation hereunder. Upon request of the Contractor, the District may consider and accept, but is not obligated to do so, multiple sureties on such bonds. The Surety on any bond required under the Contract Documents shall be an Admitted Surety Insurer as that term is defined in California Code of Civil Procedure §995.120.

ARTICLE 7: CONTRACT TIME

7.1 Completion of the Work Within Contract Time. Unless otherwise expressly provided in the Contract Documents, the Contract Time is the period of time, including authorized adjustments thereto, allotted in the Contract Documents for achieving Final Completion of the Work. The date for commencement of the Work is the date established by the Notice to Proceed issued by the District pursuant to the Agreement, which shall not be postponed by the failure to act of the Contractor or of persons or entities for whom the Contractor is responsible. The date of Final Completion is the date certified by the Architect and the Project Inspector as such in accordance with the Contract Documents.



7.2 Progress and Completion of the Work.

7.2.1 Time of Essence. Time limits stated in the Contract Documents are of the essence. By executing the Agreement, the Contractor confirms that the Contract Time is a reasonable period for performing and achieving Completion of the Work. The Contractor shall employ and supply a sufficient force of workers, material and equipment, and prosecute the Work with diligence so as to maintain progress, to prevent Work stoppage and to achieve Completion of the Work within the Contract Time.

7.2.2 Substantial Completion. Substantial Completion is that stage in the progress of the Work when the Work is complete in accordance with the Contract Documents so the District can occupy or use the Work for its intended purpose. Substantial Completion shall be determined by the Architect and the Project Inspector upon request by the Contractor in accordance with the Contract Documents. The good faith and reasonable determination of Substantial Completion by the Project Inspector and the Architect shall be controlling and final.

7.2.3 Correction or Completion of the Work After Substantial Completion.

7.2.3.1 Punchlist. Upon achieving Substantial Completion of the Work, the District, The Project Inspector, the Project Manager, the Architect and the Contractor shall jointly inspect the Work and prepare a comprehensive list of items of the Work to be corrected or completed by the Contractor (“the Punchlist”). The exclusion of, or failure to include, any item on the Punchlist shall not alter or limit the obligation of the Contractor to complete or correct any portion of the Work in accordance with the Contract Documents.

7.2.3.2 Time for Completing Punchlist Items. The Contractor shall promptly and diligently proceed to complete all Punchlist items within the Contract Time. In the event that the Contractor shall fail or refuse, for any reason, to complete all Punchlist items within the Contract Time, Contractor shall be subject to assessment of Liquidated Damages in accordance with Article 7.4 hereof. The foregoing notwithstanding, if the Contractor fails or refuses to complete all Punchlist items, the District may in its sole and exclusive discretion and without further notice to Contractor, elect to cause the completion of all remaining Punchlist items provided, however that such election by the District is in addition to and not in lieu of any other right or remedy of the District under the Contract Documents or at law. If the District elects to complete Punchlist items of the Work, pursuant to the foregoing, Contractor shall be responsible for all costs incurred by the District in connection herewith and the District may deduct such costs from the Contract Price then or thereafter due the Contractor, if these costs exceed the remaining Contract Price due to the Contractor, the Contractor and the Performance Bond Surety are liable to District for any such excess costs

7.2.4 Final Completion. Final Completion is that stage of the Work when all Work has been completed in accordance with the Contract Documents, including without limitation, the performance of all correction or completion items noted upon Substantial Completion, and the Contract has been otherwise fully performed by the Contractor. Final Completion shall be determined by the Architect and the Project Inspector upon request of the Contractor. The good faith and reasonable determination of Final Completion by the Project Inspector and the Architect shall be controlling and final.

7.2.5 Contractor Responsibility for Multiple Inspections. In the event the Contractor shall request determination of Substantial Completion or Final Completion by the Project Inspector and the Architect and it is determined by the Project Inspector and the Architect that the Work does not then justify certification of Substantial Completion or Final Completion and re-inspection is required at a subsequent time to make such determination, the Contractor shall be responsible for all costs of such reinspection, including without limitation, the fees of the Architect and the salary of the Project Inspector. The District may deduct such costs from the Contract Price then due or thereafter due to the Contractor.

7.2.6 Final Acceptance. Final Acceptance of the Work shall occur upon approval of the Work by the District's Board of Trustees; such approval shall be submitted for adoption at the next regularly scheduled meeting of the District's Board of Trustees after the determination of Final Completion.



The commencement of any warranty or guarantee period under the Contract Documents shall be deemed to be the date upon which Final Completion was certified by the Architect and Inspector.

7.3 Construction Schedule.

7.3.1 Submittal of Preliminary Construction Schedule. Within fourteen (14) days following execution of the Agreement, the Contractor shall prepare and submit to the Project Manager a Preliminary Construction Schedule indicating, in graphic form, the estimated rate of progress and sequence of all Work required under the Contract Documents. The purpose of the Preliminary Construction Schedule is to assure adequate planning and execution of the Work so that it is completed within the Contract Time and to permit evaluation of the progress of the Work. Unless otherwise provided in the Supplemental Conditions, the Construction Schedules required under this Article 7 shall; (i) be prepared with a commercially available computer software program in a critical path format; (ii) indicate the date(s) for commencement and completion of various portions of the Work including without limitation, procurement, fabrication and delivery of major items, materials or equipment; (iii) indicate manpower and other resources required for completion of each Construction Schedule activity; (iv) indicate costs for completion of each Construction Schedule activity; (v) identify each Submittal required by the Contract Documents, the date for the Contractor’s submission of each Submittal and the date for the return of the reviewed Submittal to the Contractor. The Contractor may submit a Preliminary Construction Schedule depicting completion of the Work in a duration shorter than the Contract Time; provided that such Preliminary Construction Schedule shall not be a basis for adjustment to the Contract Price in the event that completion of the Work shall occur after the time depicted therein, nor shall such Preliminary Construction Schedule be the basis for any extension of the Contract Time, the Contractor's entitlement to any extension of the Contract Time shall be based upon the Contract Time and not on any shorter duration which may be depicted in the Contractor's Preliminary Construction Schedule. If the Construction Schedules required under this Article 7.3 incorporate therein any "float" time, such float shall be deemed to jointly belong to and owned by the District and the Contractor. As used herein, "float time" shall be deemed to refer to the time between earliest finish date and the latest finish date of each activity shown on the Construction Schedule.

7.3.2 Review of Preliminary Construction Schedule. The District, the Project Manager and the Architect shall review the Preliminary Construction Schedule submitted by the Contractor pursuant to Article 7.3.1 above for conformity with the requirements of the Contract Documents. Within fifteen (15) days of the date of receipt of the Preliminary Construction Schedule, the Preliminary Construction Schedule will be returned to the Contractor with comments to the form or content thereof. Review of the Preliminary Progress Schedule and any comments thereto by the District, the Project Manager and/or the Architect shall not be deemed to be the assumption of construction means, methods or sequences by the District, the Project Manager or the Architect, all of which remain the Contractor's obligations under the Contract Documents.

7.3.3 Preparation and Submittal of Contract Construction Schedule. Within ten (10) days of the District's return of the Preliminary Construction Schedule to the Contractor pursuant to Article 7.3.2 above, the Contractor shall prepare and submit to the Project Manger the Cost-Loaded Construction Schedule which incorporates therein the comments to the Preliminary Construction Schedule. Upon the Contractor's submittal of such Construction Schedule, the District shall review the same for purposes of determining conformity with the requirements of the Contract Documents. Within fifteen (15) days of the receipt of the Construction Schedule, the District will approve such Construction Schedule or will return the same to the Contractor with comments to the form or content. In the event there are comments to the form or content thereof, the Contractor, shall within seven (7) days of receipt of such comments, revise and resubmit the Construction Schedule incorporating therein such comments. Upon the District's approval of the form and content of a Construction Schedule, the same shall be deemed the "Approved Construction Schedule." The District's approval of a Construction Schedule shall be for the sole and limited purpose of determining conformity with the requirements of the Contract Documents. By the Approved Construction Schedule, the District shall not be deemed to have exercised control over, or approval of, construction means, methods or sequences, all of which remain the responsibility and obligation of the Contractor in accordance with the terms of the Contract Documents. Further, the Approved Construction Schedule shall not operate to limit or restrict any of Contractor's obligations under the Contract Documents nor relieve the Contractor from the full, faithful and timely performance of such obligations in accordance with the terms of the Contract Documents.



The activities, commencement and completion dates of activities, and the sequencing of activities depicted on the Approved Construction Schedule shall not be modified or revised by the Contractor without the prior consent, or direction, of the District. Updates to the Approved Construction Schedule pursuant to Article 7.3.5 below shall not be deemed revisions to the Approved Construction Schedule. In the event that the Approved Construction Schedule shall depict completion of the Work in a duration shorter than the Contract Time, the same shall not be a basis for an adjustment of the Contract Time or the Contract Price in the event that actual completion of the Work shall occur after such the time depicted in such Approved Construction Schedule. In such event, the Contract Price shall not be subject to adjustment on account of any additional costs incurred by the Contractor to complete the Work prior to the Contract Time, as adjusted in accordance with the terms of the Contract Documents. Any adjustment of the Contract Time or the Contract Price shall be based upon the Contract Time set forth in the Contract Documents and not any shorter duration which may depicted in the Approved Construction Schedule.

7.3.4 Revisions to Approved Construction Schedule. In the event that the progress of the Work or the sequencing of the activities of the Work shall materially differ from that indicated in the Approved Construction Schedule, as determined by the District in its reasonable discretion and judgment, the District may direct the Contractor to revise the Approved Construction Schedule; within fifteen (15) days of the District's direction, the Contractor shall prepare and submit to the Project Manager a revised Approved Construction Schedule, for review and approval by the District. The Contractor may request consent of the District to revise the Approved Construction Schedule. Any such request shall be considered by the District only if in writing setting forth the Contractor's proposed revision(s) to the Approved Construction Schedule and the reason(s) therefore. The District may consent to, or deny, any such request of the Contractor to revise the Approved Construction Schedule in its reasonable discretion.

7.3.5 Updates to Approved Construction Schedule. The Contractor shall monitor and update the Approved Construction Schedule on a monthly basis, or more frequently as required by the conditions or progress of the Work, or as may be requested by the District. Proper and complete updating of the Approved Construction Schedule shall be a condition precedent to the issuance of progress payments described in Article 8 of these General Conditions. The Contractor shall provide the District, the Project Manager and the Architect with updated Approved Construction Schedules indicating progress achieved and activities commenced or completed within the prior updated Approved Construction Schedule. Updates to the Approved Construction Schedule shall not include any revisions to the activities, commencement and completion dates of activities or the sequencing of activities depicted on the Approved Construction Schedule. Any such revisions to the Approved Construction Schedule shall result in the District's rejection of such update and Contractor shall, within seven (7) days of the District's rejection of such update, submit to the Architect and the Project Manager an Updated Approved Construction Schedule which does not incorporate any such revisions. If requested by the District, the Contractor shall also submit, with its updates to the Approved Construction Schedule a narrative statement including a description of current and anticipated problem areas of the Work, delaying factors and their impact, and an explanation of corrective action taken or proposed by the Contractor. If the progress of the Work is behind the Approved Construction Schedule, the Contractor shall indicate what measures will be taken to place the Work back on schedule. The District may, from time to time, and in the District's sole and exclusive discretion, transmit to the Contractor's Performance Bond Surety the Approved Construction Schedule, any updates thereof and the narrative statement described hereinabove. The District's election to transmit, or not to transmit such information, to the Contractor's Performance Bond Surety shall not limit the Contractor's obligations under the Contract Documents.

7.3.6 Contractor Responsibility for Construction Schedule. The Contractor shall be responsible for the preparation, submittal and maintenance of the Construction Schedules required by the Contract Documents, and any failure of the Contractor to do so may be deemed by the District as the Contractor's default in the performance of a material obligation under Contract Documents. Any and all costs or expenses required or incurred to prepare, submit, maintain, and update the Construction Schedules shall be solely that of the Contractor and no such cost or expense shall be charged to the District. The Contract Price shall not be subject to adjustment on account of costs, fees or expenses incurred or associated with the Contractor's preparation, submittal, maintenance or updating of the Construction Schedules. All schedule submittals shall include electronic diskettes for use by the



District in its analysis and approval of the schedule submittal.

7.4 Adjustment of Contract Time. If Substantial Completion is delayed, adjustment, if any, to the Contract Time on account of such delay shall be in accordance with this Article 7.4.

7.4.1 Excusable Delays. If Completion of the Work is delayed by Excusable Delays, the Contract Time shall be subject to adjustment for such reasonable period of time as determined by the District; Excusable Delays shall not result in any increase in the Contract Price. Excusable Delays refer to unforeseeable and unavoidable casualties or other unforeseen causes beyond the control, and without fault or neglect, of the Contractor, any Subcontractor, Material Supplier or other person directly or indirectly engaged by the Contractor in performance of any portion of the Work. Excusable Delays include unanticipated and unavoidable labor disputes, unusual and unanticipated delays in transportation of equipment, materials or Construction Equipment reasonably necessary for completion and proper execution of the Work, unanticipated unusually severe weather conditions or DSA directive to stop the Work. Neither the financial resources of the Contractor or any person or entity directly or indirectly engaged by the Contractor in performance of any portion of the Work shall be deemed conditions beyond the control of the Contractor. If an event of Excusable Delay occurs, the Contract Time shall be subject to adjustment hereunder only if the Contractor establishes: (i) full compliance with all applicable provisions of the Contract Documents relative to the method, manner and time for Contractor’s notice and request for adjustment of the Contract Time; (ii) that the event(s) forming the basis for Contractor’s request to adjust the Contract Time are outside the reasonable control and without any fault or neglect of the Contractor or any person or entity directly or indirectly engaged by Contractor in performance of any portion of the Work; and (iii) that the event(s) forming the basis for Contractor’s request to adjust the Contract Time directly and adversely impacted the progress of the Work as indicated in the Approved Construction Schedule or the most recent updated Approved Construction Schedule relative to the date(s) of the claimed event(s) of Excusable Delay. The foregoing provisions notwithstanding, if the Supplemental Conditions set forth a number of “Rain Days” to be anticipated during performance of the Work, the Contract Time shall not be adjusted for rain related unusually severe weather conditions until and unless the actual number of Rain Days during performance of the Work shall exceed those noted in the Supplemental Conditions and such additional Rain Days shall have directly and adversely impacted the progress of the Work as depicted in the Approved Construction Schedule or the most recent updated Approved Construction Schedule relative to the date(s) of such additional Rain Days.

7.4.2 Compensable Delays. If Completion of the Work is delayed and such delay is caused by the acts or omissions of the District, the Architect, or separate contractor employed by the District (collectively “Compensable Delays”), upon Contractor’s request and notice, in strict conformity with Articles 7 and 9 of these General Conditions, the Contract Time will be adjusted by Change Order for such reasonable period of time as determined by the Architect and the District. In accordance with California Public Contract Code §7102, if the Contractor’s progress is delayed by any of the events described in the preceding sentence, Contractor shall not be precluded from the recovery of damages directly and proximately resulting therefrom, provided that the District is liable for the delay, the delay is unreasonable under the circumstances involved and the delay was not within the reasonable contemplation of the District and the Contractor at the time of execution of the Agreement. In such event, Contractor’s damages, if any, shall be limited to direct, actual and unavoidable additional costs of labor, materials or Construction Equipment directly resulting from such delay, and shall exclude indirect or other consequential damages. Except as expressly provided for herein, Contractor shall not have any other claim, demand or right to adjustment of the Contract Price arising out of delay, interruption, hindrance or disruption to the progress of the Work. Adjustments to the Contract Price and the Contract Time, if any, on account of Changes to the Work or Suspension of the Work shall be governed by the applicable provisions of the Contract Documents, including without limitation, Articles 9 and 14 of these General Conditions.

7.4.3 Unexcusable Delays. Unexcusable Delays refer to any delay to the progress of the Work caused by events or factors other than those specifically identified in Articles 7.4.1 and 7.4.2 above. Neither the Contract Price nor the Contract Time shall be adjusted on account of Unexcusable Delays.

7.4.4 Adjustment of Contract Time.



7.4.4.1 Procedure for Adjustment of Contract Time. The Contract Time shall be subject to adjustment only in strict conformity with applicable provisions of the Contract Documents. Failure of Contractor to request adjustment(s) of the Contract Time in strict conformity with applicable provisions of the Contract Documents shall be deemed Contractor’s waiver of the same.

7.4.4.2 Limitations Upon Adjustment of Contract Time on Account of Delays. Any adjustment of the Contract Time on account of an Excusable Delay or a Compensable Delay shall be limited as set forth herein. If an Excusable Delay and a Compensable Delay occur concurrently, the maximum extension of the Contract Time shall be the number of days from the commencement of the first delay to the cessation of the delay which ends last. If an Unexcusable Delay occurs concurrently with either an Excusable Delay or a Compensable Delay, the maximum extension of the Contract Time shall be the number of days, if any, which the Excusable Delay or the Compensable Delay exceeds the period of time of the Unexcusable Delay. In addition to the foregoing limitations upon extension of the Contract Time, no adjustment of the Contract Time shall be made on account of any Excusable Delays or Compensable Delays unless such delay(s) actually and directly impact Work or Work activities on the critical path of the then current and updated Approved Construction Schedule as of the date on which such delay first occurs. The District shall not be deemed in breach of, or otherwise in default of any obligation hereunder, if the District shall deny any request by the Contractor for an adjustment of the Contract Time for any delay which does not actually and directly impact Work or Work activities on the critical path of the then current and updated Approved Construction Schedule.

7.5 Liquidated Damages. Should the Contractor neglect, fail or refuse to: (i) submit Submittals in accordance with the Approved Construction Schedule; or (ii) achieve Completion of the Work within the Contract Time, (subject to adjustments authorized under the Contract Documents), the Contractor agrees to pay to the District the amount of per diem Liquidated Damages set forth in the Supplemental Conditions, not as a penalty but as Liquidated Damages, for every day beyond the Contract Time, as adjusted, until Submittals are submitted or Completion of the Work are achieved. The Liquidated Damages amounts set forth in the Supplemental Conditions are agreed upon by and between the Contractor and the District because of the difficulty of fixing the District's actual damages in the event of delayed submission of Submittals or Completion of the Work. The Contractor and the District specifically agree that said amounts are reasonable estimates of the District's damages in such event, and that such amounts do not constitute a penalty. Liquidated Damages may be deducted from the Contract Price then or thereafter due the Contractor. The Contractor and the Surety shall be liable to the District for any Liquidated Damages exceeding any amount of the Contract Price then held or retained by the District. In the event that the Contractor shall fail or refuse to complete Punchlist items and the District elects to exercise its right to cause completion or correction of such items pursuant to Article 7.2.3.2 hereof, the District's assessment of Liquidated Damages pursuant to the foregoing shall be in addition to, and not in lieu of, the District's right to charge Contractor with the cost of completing or correcting such items of the Work, as provided for under Article 7.2.3.2. The Contractor and the District acknowledge and agree that the provisions of this Article 7.5 are reasonable under the circumstances existing at the time of the Contractor's execution of the Agreement.

ARTICLE 8: CONTRACT PRICE

8.1 Contract Price. The Contract Price is the amount stated in the Agreement as such, and subject to any authorized adjustments thereto in accordance with the Contract Documents, is the total amount payable by the District to the Contractor for performance of the Work under the Contract Documents. The District's payment of the Contract Price to the Contractor shall be in accordance with the Contract Documents.

8.2 Cost Breakdown. Within fifteen (15) days of the execution of the Agreement by Contractor, Contractor shall furnish, on forms provided by the District, a detailed and complete Cost Breakdown of the Contract Price consistent with the work activities included in the Construction Schedule. The Cost Breakdown shall be subject to the District's review and approval of the form and content thereof. In the event that the District shall reasonably object to any portion of the Cost Breakdown, within ten (10) days of the District's receipt of the Cost Breakdown, the District shall notify the Contractor, in writing of the District's objection(s) to the Cost Breakdown. Within five (5) days of the date of the District's written objection(s), Contractor shall submit a revised Cost Breakdown to the District for review and



approval. The foregoing procedure for the preparation, review and approval of the Cost Breakdown shall continue until the District has approved of the entirety of the Cost Breakdown. Once the Cost Breakdown is approved by the District, the Cost Breakdown shall not be thereafter modified or amended by the Contractor without the prior consent and approval of the District, which may be granted or withheld in the sole reasonable discretion of the District. Notwithstanding any provision of the Contract Documents to the contrary, payment of the Contractor's overhead, supervision and general conditions costs and profit, as such items are reflected in the Cost Breakdown, shall be made by the District in equal installments with its disbursements of Progress Payments and the Final Payment with the amount of each such installment equal to the aggregate amount of such items as reflected in the Cost Breakdown divided by the number of months of the Contract Time.

8.3 Progress Payments.

8.3.1 Applications for Progress Payments. During the Contractor's performance of the Work, the Contractor shall submit monthly, on the first working day of each month, to the Project Manager, Applications for Progress Payments, on forms approved by the District, setting forth an itemized estimate of Work completed in the preceding month for the purpose of the District's making of Progress Payments thereon. Values utilized in the Applications for Progress Payments shall be based upon the proper updating of the Approved Construction Schedule and the Approved Cost Breakdown pursuant to Article 8.2 above, and such values shall be only for determining the basis of Progress Payments to Contractor, and shall not be considered as fixing a basis for adjustments, whether additive or deductive, to the Contract Price, or for determining the extent of Work actually completed.

8.3.2 District's Review of Applications for Progress Payments. In accordance with Public Contract Code §20104.50, upon receipt of an Application for Progress Payment, the Project Manager shall review the Application. Such review shall be for the purpose of determining that the Application for Progress Payment is a proper Progress Payment request. For purposes of this Article 8.3.2, an Application for Progress Payment shall be deemed "proper" only if it is submitted on the form approved by the District, with all of the requested information of such form of Application for Progress Payment completely and accurately provided by the Contractor and such completed Application for Progress Payment is accompanied by:

(i) The updated Approved Construction Schedule;

(ii) Certified Payrolls of the Contractor and all Subcontractors, of any tier, for laborers performing any portion of the Work for which a Progress Payment is requested, and where Contractor is required to submit such records weekly, all relevant Certified Payrolls for any portion of the Work for which a Progress Payment is requested must have been received by the District’s Labor Compliance Officer;

(iii) duly completed and executed forms of Conditional Waiver and Release of Rights Upon Progress Payment in accordance with California Civil Code §3262 of the Contractor, all Subcontractors of any tier, and Material Suppliers covering the Progress Payment requested;

(iv) duly completed and executed forms of Unconditional Waiver and Release of Rights upon Progress Payment in accordance with California Civil Code §3262 of the Contractor, all Subcontractors of any tier, and Material Suppliers covering the Progress Payment received by the Contractor under the prior Application for Progress Payment;

(v) if applicable, a current union statement reflecting that the Contractor and any Subcontractor of any tier, are current in the payment of any supplemental fringe benefits required pursuant to any collective bargaining agreement to which the Contractor or any such Subcontractor is a party to or is otherwise bound by; and

(vi) a certification by the Contractor that it has continuously maintained, or caused to maintained, the Record Drawings reflecting the actual as-built conditions of the Work



performed be for which the Progress Payment is requested, it being understood that such certification is subject to verification by the Project Inspector prior to disbursement of the Progress Payment.

In accordance with Public Contract Code §20104.50, an Application for Progress Payment determined by the District not to be a proper Application for Progress Payment shall be returned by the District to the Contractor as soon as is practicable after receipt of the same from the Contractor, but in no event not more than seven (7) days after the District's receipt thereof. The District's return of any Application for Progress Payment pursuant to the preceding sentence shall be accompanied by a written document setting forth the reason(s) why the Application for Progress Payment is not proper.

8.3.3 Architect and Project Manager Review of Applications for Progress Payments. Upon receipt of an Application for Progress Payment, the Architect and Project Manager shall verify the Work to determine whether it has been performed in accordance with the terms of the Contract Documents and to determine the portion of the Application for Progress Payment which is properly due to the Contractor under the terms of the Contract Documents. The Application for Progress Payment shall reflect the agreed percentages of work complete that is properly due to the Contractor under the terms of the Contract Documents. The Application submitted by the Contractor shall be consistent with and accompanied by the updated Approved Construction Schedule.

8.3.4 District's Disbursement of Progress Payments.

8.3.4.1 Timely Disbursement of Progress Payments. In accordance with Public Contract Code §20104.50, within thirty (30) days after the District's receipt of a proper Application for Progress Payment, there shall be paid, by District, to Contractor a sum equal to ninety-five percent (95%) of the value of the Work indicated in the Application for Progress Payment which is actually in place as of the date of the Application for Progress Payment and as verified and approved by the Architect and Project Inspector and the pro rata portion of the Contractor's overhead, supervision and general conditions costs and profit for that month; provided, however, that the District's obligation to disburse any Progress Payment shall be subject to the District's receipt of all documents set forth in Article 8.3.2 above, each and all of which are conditions precedent to the District's obligation to disburse Progress Payments. If an Application for Progress Payment is determined not to be proper due to the failure or refusal of the Contractor to submit documents with the Application for Progress Payment, as required by Article 8.3.2, or incompleteness or inaccuracies in any such documents submitted or if it is reasonably determined that the Record Drawings have not been continuously maintained to reflect the actual as built conditions of the Work completed in the period for which the Progress Payment is requested, the thirty (30) day period hereunder for the District’s timely disbursement of a Progress Payment shall be deemed to commence on the date that the District is actually in receipt of documents not submitted with the Application for Progress Payment, or corrections to documents with the Application for Progress Payment so as to render them complete and accurate, or the date upon which the Contractor accurately and fully completes preparation of the Record Drawings relating to the Work for which the Progress Payment is requested.

8.3.4.2 Untimely Disbursement of Progress Payments. In accordance with Public Contract Code §20104.50, in the event that the District shall fail to make any Progress Payment within thirty (30) days after receipt of an undisputed and properly submitted Application for Progress Payment, the District shall pay the Contractor interest on the undisputed amount of such Application for Progress Payment equal to the legal rate of interest set forth in California Code of Civil Procedure §685.010(a). The foregoing notwithstanding, in the event that the District shall determine that any Application for Progress Payment is not proper, pursuant to Article 8.3.2 above, and the District does not return such Application for Progress Payment within the seven (7) day period provided for in Article 8.3.2, the period of time for the District's disbursement of the Progress Payment on such Application for Progress Payment without incurring the interest liability shall be reduced by the number of days exceeding the seven (7) day return period.

8.3.4.3 District's Right to Disburse Progress Payments by Joint Checks. Provided that the District is in receipt of the applicable Subcontract or Purchase Order, the District, may in its sole discretion, issue joint checks to the Contractor and such Subcontractor or Material Supplier in satisfaction of its obligation to make Progress Payments or the Final Payment due hereunder.



8.3.4.4 No Waiver of Defective or Non-Conforming Work. The approval of any Application for Progress Payment or the disbursement of any Progress Payment to the Contractor shall not be deemed nor constitute acceptance of defective Work or Work not in conformity with the Contract Documents.

8.3.5 Progress Payments for Changed Work. The Contractor's Applications for Progress Payment may include requests for payment on account of Changes in the Work which have been properly authorized and approved by the Project Manager, the Architect, the District’s Board, and all other governmental agencies with jurisdiction over such Change in accordance with the terms of the Contract Documents and for which a Change Order has been issued. Except as provided for herein, no other payment shall be made by the District for Changes in the Work.

8.3.6 Materials or Equipment Not Incorporated Into the Work.

8.3.6.1 Limitations Upon Payment. Except as expressly provided for herein, no payments shall be made by the District on account of any item of the Work, including without limitation, materials or equipment which, at the time of the Contractor's submittal of an Application for Progress Payment, has/have not been incorporated into and made a part of the Work.

8.3.6.2 Materials or Equipment Delivered and Stored at the Site. The District may, in its sole and exclusive discretion, make payment for materials or equipment not yet incorporated into the Work if, at or prior to the time of the Contractor's submittal of an Application for Progress Payment incorporating therein a request for payment of such materials or equipment if all of the following are complied with: (a) the materials or equipment have been delivered to the Site; (b) adequate arrangements, reasonably satisfactory to the District, have been made by the Contractor to store and protect such materials or equipment at the Site including without limitation, insurance reasonably satisfactory to the District, covering and protecting against the risk of loss, destruction, theft or other damage to such materials or equipment while in storage; and (c) the establishment of procedures reasonably satisfactory to the District by which title to such materials or equipment will be vested in the District upon the District's payment therefor. The Contractor acknowledges that the discretion to make, or not to make, payment for materials or equipment delivered or stored at the site of the Work pursuant to the preceding sentence shall be exercised exclusively by the District; the District's exercise of discretion not to make payment for materials or equipment delivered or stored at the Site, but not yet incorporated into the Work shall not be deemed the District's default hereunder. In the event that the District shall elect to make payment for materials or equipment delivered and stored at the Site, the costs and expenses incurred to comply with the requirements of (b) and (c) of this Article 8.3.6.2 shall be borne solely and exclusively by the Contractor and no payment shall be made by the District on account of such costs and expenses.

8.3.6.3 Materials or Equipment Not Delivered or Stored at the Site. No payments shall be made by the District for materials or equipment to be incorporated into the Work where such materials or equipment have not been delivered or stored at the Site. The foregoing notwithstanding, the District may, in its sole and exclusive discretion, elect to make payment for materials or equipment not incorporated into the Work and which are not delivered or stored at the Site at or prior to the time of the Contractor's submittal of an Application for Progress Payment incorporating therein a request for payment of such materials or equipment provided that each and all of the following have been complied with: (a) adequate arrangements, reasonably satisfactory to the District, have been made by the Contractor to store and protect such materials or equipment which include without limitation, insurance reasonably satisfactory to the District, covering and protecting against the risk of loss, destruction, theft or other damage to such materials or equipment while in storage; and (b) the establishment of procedures reasonably satisfactory to the District by which title to such materials or equipment will be vested in the District upon the District's payment therefor. The Contractor acknowledges that the discretion to make, or not to make, payment for such materials or equipment pursuant to the preceding sentence shall be exercised exclusively by the District; the District's exercise of discretion not to make payment for such materials or equipment shall not be deemed the District's default hereunder. In the event that the District shall elect to make payment for materials or equipment not at the Site, the costs and expenses incurred to comply with the requirements of (a) and (b) of this Article 8.3.6.3 shall be borne solely and exclusively by the Contractor and no payment shall be made by the District on account of such costs and expenses.



8.3.6.4 Materials or Equipment in Fabrication or Transit. The provisions of this Article 8.3.6 notwithstanding, the District shall not make any payment on account of any materials or equipment which are in the process of being fabricated or which are in transit to the Site or other storage location.

8.3.7 Exclusions From Progress Payments. In addition to the District's right to withhold disbursement of any Progress Payment provided for in the Contract Documents, neither the Contractor's Application for Progress Payment shall include, nor shall the District be obligated to disburse any portion of the Contract Price for amounts which the Contractor does not intend to pay any Subcontractor, of any tier, or Material Supplier because of a dispute or any other reason.

8.3.8 Title to Work. The Contractor warrants that title to all Work covered by an Application for Progress Payment will pass to the District no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Progress Payment, all Work for which a Progress Payment has been previously issued and the Contractor has received payment from the District therefor shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, stop notices, security interests or encumbrances in favor of the Contractor, Subcontractors, Material Suppliers or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work.

8.3.9 Substitute Security for Retention. In accordance with the provisions of California Public Contract Code §22300, eligible and equivalent securities may be substituted for any monies withheld by the District to ensure the Contractor's performance under the Contract Documents at the request and expense of the Contractor and in conformity with the provisions of California Public Contract Code §22300. The foregoing and the provisions of California Public Contract Code §22300 notwithstanding, failure of the Contractor to request the substitution of eligible and equivalent securities for monies to be withheld by the District within ten (10) days following award of the Contract to Contractor shall be deemed a waiver of such right.

8.4 Final Payment.

8.4.1 Application for Final Payment. When the Contractor has achieved Final Completion of the Work and has otherwise fully performed its obligations under the Contract Documents, the Contractor shall submit an Application for Final Payment on such form as approved by the District. Thereupon, the Architect, Project Manager and the Project Inspector will promptly make a final inspection of the Work and when the Architect, Project Manager and the Project Inspector find the Work acceptable under the Contract Documents and that the Contract has been fully performed by the Contractor, the Architect, Project Manager and the Project Inspector will thereupon promptly approve the Application for Final Payment, stating that to the best their knowledge, information and belief, the Work has been completed in accordance with the terms of the Contract Documents. The Final Payment shall include the remaining balance of the Contract Price and any retention from Progress Payments previously withheld by the District.

8.4.2 Conditions Precedent to Disbursement of Final Payment. Neither Final Payment nor any remaining Contract Price shall become due until the Contractor submits to the District each and all of the following, the submittal of which are conditions precedent to the District's obligation to disburse the Final Payment: (i) an affidavit or certification by the Contractor that payrolls, bills for materials and other indebtedness incurred in connection with the Work for which the District or the District's property may or might be responsible or encumbered have been paid or otherwise satisfied; (ii) a certificate evidencing that insurance required by the Contract Documents to remain in force after the Contractor's receipt of Final Payment is currently in effect; (iii) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover any period following Final Payment as required by the Contract Documents; (iv) if required, consent of the Surety on the Labor and Material Payment Bond and Performance Bond, to Final Payment; (v) duly completed and executed forms of Conditional or Unconditional Waivers and Releases of rights upon Final Payment of the Contractor, Subcontractors of any tier and Material Suppliers in accordance with California Civil Code §3262, with each of the same stating that there are, or will be, no claims for additional compensation after disbursement of the Final Payment; (vi) Operations and Maintenance manuals and separate warranties provided by any manufacturer or distributor of any materials or equipment



incorporated into the Work; (vii) the Record Drawings; (viii) the form of Guarantee, if any, included in the Contract Documents duly executed by an authorized representative of the Contractor; (ix) any and all other items or documents required by the Contract Documents to be delivered to the District upon completion of the Work; (x) the completion and submittal of all reports required by the Contract Documents, including without limitation, verified reports required by applicable provisions of the California Code of Regulations; and (xi) if required by the District, such other data establishing payment or satisfaction of obligations such as receipts, releases and waivers of liens, stop notices, claims, security interest or encumbrances arising out of the Contract to the extent and in such form as may be required by the District.

8.4.3 Disbursement of Final Payment. Provided that the District is then in receipt of all documents and other items in Article 8.4.2 above as conditions precedent to the District’s obligation to disburse Final Payment, not later than sixty (60) days following Final Acceptance the District shall disburse the Final Payment to the Contractor. Pursuant to California Public Contract Code §7107, if there is any dispute between the District and the Contractor at the time that disbursement of the Final Payment is due, the District may withhold from disbursement of the Final Payment an amount not to exceed one hundred fifty percent (150%) of the amount in dispute.

8.4.4 Waiver of Claims. The Contractor's acceptance of the Final Payment is a waiver and release by the Contractor of any and all claims against the District for compensation or otherwise in connection with the Contractor's performance of the Contract.

8.4.5 Claims Asserted After Final Payment. Any lien, stop notice or other claim filed or asserted after the Contractor's acceptance of the Final Payment by any Subcontractor, of any tier, laborer, Material Supplier or others in connection with or for Work performed under the Contract Documents shall be the sole and exclusive responsibility of the Contractor who further agrees to indemnify, defend and hold harmless the District and its officers, agents, representatives and employees from and against any claims, demands or judgments arising or associated therewith, including without limitation attorneys fees incurred by the District in connection therewith. In the event any lien, stop notice or other claim of any Subcontractor, Laborer, Material Supplier or others performing Work under the Contract Documents remain unsatisfied after Final Payment is made, Contractor shall refund to District all monies that the District may pay or be compelled to pay in discharging any lien, stop notice or other claim, including, without limitation all costs and reasonable attorneys fees incurred by District in connection therewith.

8.5 Withholding of Payments. The District may withhold any Progress Payment or the Final Payment, in whole or in part, or backcharge the Contractor to the extent it may deem advisable to protect the District on account of: (i) defective Work or Work not in conformity with the requirements of the Contract Documents which is not remedied; (ii) failure of the Contractor to make payments when due Subcontractors or Material Suppliers for materials or labor; (iii) claims filed or reasonable evidence of the probable filing of claims by Subcontractors, laborers, Material Suppliers, or others performing any portion of the Work under the Contract Documents for which the District may be liable or responsible including, without limitation, Stop Notice Claims filed with the District pursuant to California Civil Code §3179 et seq.; (iv) a reasonable doubt that the Contract can be completed for the then unpaid balance of the Contract Price; (v) tax demands filed in accordance with California Government Code §12419.4; (vi) other claims, penalties and/or forfeitures for which the District is required or authorized to retain funds otherwise due the Contractor; (vii) any amounts due from the Contractor to the District under the terms of the Contract Documents; or (viii) the Contractor's failure to perform any of its obligations under the Contract Documents or its default under the Contract Documents or its failure to maintain adequate progress of the Work. In addition to the foregoing, the District shall not be obligated to process any Application for Progress Payment or Final Payment, nor shall Contractor be entitled to any Progress Payment or Final Payment so long as any lawful or proper direction concerning the Work or the performance thereof or any portion thereof, given by the District, the Project Inspector, the Architect or any public authority having jurisdiction over the Work, or any portion thereof, shall not be fully and completely complied with by the Contractor. When the District is reasonably satisfied that the Contractor has remedied any such deficiency, payment shall be made of the amount withheld. In lieu of making payment of withheld amounts to the Contractor, the District may, in its sole exclusive discretion, apply withheld amounts to the payment and satisfactions of debts and obligations of the Contractor relating to the Work. In doing, the District shall be an agent of the



Contractor for the sole and limited purpose of making payment(s) to others for the Work on behalf of the Contractor; payments made by the District pursuant to the foregoing shall be deemed payments to the Contractor and the Contract Price shall be adjusted to reflect such payment(s). The District shall not be liable to the Contractor or others for its good faith decision to make or not make payment(s) of amounts withheld from the Contractor pursuant to the foregoing. If the District elects to make payments to other of amounts withheld from the Contractor, the District may do so without prior judicial determination; the District will render the Contractor a complete and accurate accounting of amounts withheld and paid to others on behalf of the Contractor.

8.6 Payments to Subcontractors. The Contractor shall pay all Subcontractors for and on account of Work of the Contract performed by such Subcontractors in accordance with the terms of their respective subcontracts and as provided for pursuant to California Public Contract Code §10262, the provisions of which are deemed incorporated herein by this reference. In the event of the Contractor's failure to make payment to Subcontractors in conformity with California Public Contract Code §10262, the provisions of California Public Contract Code §10253 shall apply; by this reference, the provisions of California Public Contract Code §10253 are incorporated herein in its entirety, except that the references in said Section 10253 to "the director" shall be deemed to refer to the District. The Contractor shall timely make payment of retention due Subcontractors in accordance with Public Contract Code §7107.

ARTICLE 9: CHANGES

9.1 Changes in the Work. The District, at any time, by written order, may make Changes within the general scope of the Work under the Contract Documents or issue additional instructions, require additional Work or direct deletion of Work. The Contractor shall not proceed with any Change involving an increase or decrease in the Contract Price or the Contract Time without prior written authorization from the District. The foregoing notwithstanding, the Contractor shall promptly commence and diligently complete any Change to the Work subject to the District's written authorization issued pursuant to the preceding sentence; the Contractor shall not be relieved or excused from its prompt commencement and diligent completion of any Change subject to the District's written authorization by virtue of the absence or inability of the Contractor and the District to agree upon the extent of any adjustment to the Contract Time or the Contract Price on account of such Change. The issuance of a Change Order pursuant to this Article 9 in connection with any Change authorized by the District under this Article 9.1 shall not be deemed a condition precedent to Contractor's obligation to promptly commence and diligently complete any such Change authorized by the District hereunder. The District's right to make Changes shall not invalidate the Contract nor relieve the Contractor of any liability or other obligations under the Contract Documents. Any requirement of notice of Changes in the scope of Work to the Surety shall be the responsibility of the Contractor. Changes to the Work depicted or described in the Drawings or the Specifications shall be subject to approval by the DSA. The District may make Changes to bring the Work or the Project into compliance with environmental requirements or standards established by state or federal statutes and regulations enacted after award of the Contract.

9.2 Oral Order of Change in the Work. Any oral order, direction, instruction, interpretation, or determination from the District, the Project Manager or the Architect which in the opinion of the Contractor causes any change to the scope of the Work, or otherwise requires an adjustment to the Contract Price or the Contract Time, shall be treated as a Change only if the Contractor gives the Architect and the Project Manager written notice within ten (10) days of the order, directions, instructions, interpretation or determination and prior to acting in accordance therewith. Time is of the essence in Contractor's written notice pursuant to the preceding sentence so that the District can promptly investigate and consider alternative measures to address the order, direction, instruction, interpretation or determination giving rise to Contractor's notice. Accordingly, Contractor acknowledges that its failure, for any reason, to give written notice within ten (10) days of such order, direction, instruction, interpretation or determination shall be deemed Contractor's waiver of any right to assert or claim any entitlement to an adjustment of the Contract Time or the Contract Price on account of such order, direction, instruction, interpretation or determination. The written notice shall state the date, circumstances, extent of adjustment to the Contract Price or the Contract Time, if any, requested, and the source of the order, directions, instructions, interpretation or determination that the Contractor regards as a Change. Unless the Contractor acts in strict accordance with this procedure,



any such order, direction, instruction, interpretation or determination shall not be treated as a Change and the Contractor hereby waives any claim for any adjustment to the Contract Price or the Contract Time on account thereof.

9.3 Contractor Submittal of Data. Within seven (7) days after receipt of a written order directing a Change in the Work or furnishing the written notice regarding any oral order directing a Change in the Work, the Contractor shall submit to the Project Manager a detailed written statement setting forth the general nature of the Change, the amount of any adjustment to the Contract Price on account thereof, properly itemized and supported by sufficient substantiating data to permit evaluation of the same, and the extent of adjustment of the Contract Time, if any, required by such Change. No claim or adjustment to the Contract Price or the Contract Time shall be allowed if not asserted by the Contractor in strict conformity herewith or if asserted after Final Payment is made under the Contract Documents.

9.4 Adjustment to Contract Price and Contract Time on Account of Changes to the Work.

9.4.1 Adjustment to Contract Price. Adjustments to the Contract Price due to Changes in the Work shall be determined by application of one of the following methods, in the following order of priority:

9.4.1.1 Mutual Agreement. By negotiation and mutual agreement, between the District and the Contractor on the basis of the estimate of the actual and direct increase or decrease in costs on account of the Change. Upon request of the District, the Contractor shall provide a detailed estimate of increase or decrease in costs directly associated with performance of the Change along with cost breakdowns of the components of the Change and supporting data and documentation. The Contractor's estimate of increase or decrease in costs pursuant to the foregoing, if requested, shall be in sufficient detail and in such form as to allow the District to review and assess the completeness and accuracy thereof. The Contractor shall be solely responsible for any additional costs or additional time arising out of, or related in any manner to, its failure to provide the estimate of costs within the time specified in the request of the District for such estimate.

9.4.1.2 Determination by the District. By the District, whether or not negotiations are initiated pursuant to Article 9.4.1.1 above, based upon actual and necessary costs incurred by the Contractor as determined by the District on the basis of the Contractor's records. In the event that the procedure set forth in this Article 9.4.1.2 is utilized to determine the extent of adjustment to the Contract Price on account of Changes to the Work, promptly upon determining the extent of adjustment to the Contract Price, the District shall notify the Contractor in writing of the same; the Contractor shall be deemed to have accepted the District's determination of the amount of adjustment to the Contract Price on account of a Change to the Work unless Contractor shall notify the District, in writing, not more than fifteen (15) days from the date of the District's written notice, of any objection to the District's determination. Failure of the Contractor to timely notify the District of Contractor's objections to the District's determination of the extent of adjustment to the Contract Price shall be deemed Contractor's acceptance of the District's determination and a waiver of any right or basis of the Contractor to thereafter protest or otherwise object to the District's determination. Notwithstanding any objection of the Contractor to the District's determination of the extent of any adjustment to the Contract Price pursuant to this Article 9.4.1.2, Contractor shall, pursuant to Article 9.7 below, diligently proceed to perform and complete any such Change.

9.4.1.3 Basis for Adjustment of Contract Price. If Changes in the Work require an adjustment of the Contract Price pursuant to Articles 9.4.1.1 or 9.4.1.2 above, the basis for adjustment of the Contract Price shall be as follows:

9.4.1.3.1 Labor. Contractor shall be compensated for the costs of labor actually and directly utilized in the performance of the Change. Such labor costs shall be limited to field labor for which there is a prevailing wage rate classification. Wage rates for labor shall not exceed the prevailing wage rates in the locality of the Site and shall be in the labor classification(s) necessary for the performance of the Change. Use of a labor classification which would increase labor costs associated with any Change shall not be permitted. Labor costs shall exclude costs incurred by the Contractor in preparing estimate(s) of the costs of the Change, in the maintenance of records relating to the costs of the Change, coordination and assembly of materials and information relating to the Change or



performance thereof, or the supervision and other overhead and general conditions costs associated with the Change or performance thereof.

9.4.1.3.2 Materials and Equipment. Contractor shall be compensated for the costs of materials and equipment necessarily and actually used or consumed in connection with the performance of Changes. Costs of materials and equipment may include reasonable costs of transportation from a source closest to the site of the Work and delivery to the Site. If discounts by Material Suppliers are available for materials necessarily used in the performance of Changes, they shall be credited to the District. If materials and/or equipment necessarily used in the performance of Changes are obtained from a supplier or source owned in whole or in part by the Contractor, compensation therefor shall not exceed the current wholesale price for such materials or equipment. If, in the reasonable opinion of the District, the costs asserted by the Contractor for materials and/or equipment in connection with any Change is excessive, or if the Contractor fails to provide satisfactory evidence of the actual costs of such materials and/or equipment from its supplier or vendor of the same, the costs of such materials and/or equipment and the District's obligation for payment of the same shall be limited to the then lowest wholesale price at which similar materials and/or equipment are available in the quantities required to perform the Change. The District may elect to furnish materials and/or equipment for Changes to the Work, in which event the Contractor shall not be compensated for the costs of furnishing such materials and/or equipment or any mark-up thereon.

9.4.1.3.3 Construction Equipment. Contractor shall be compensated for the actual cost of the necessary and direct use of Construction Equipment in the performance of Changes to the Work. Use of such Construction Equipment in the performance of Changes to the Work shall be compensated in increments of fifteen (15) minutes. Rental time for Construction Equipment moved by its own power shall include time required to move such Construction Equipment to the site of the Work from the nearest available rental source of the same. If Construction Equipment is not moved to the Site by its own power, Contractor will be compensated for the loading and transportation costs in lieu of rental time. The foregoing notwithstanding, neither moving time or loading and transportation time shall be allowed if the Construction Equipment is used for performance of any portion of the Work other than Changes to the Work. Unless prior approval in writing is obtained by the Contractor from the District, no costs or compensation shall be allowed for time while Construction Equipment is inoperative, idle or on standby, for any reason. The Contractor shall not be entitled to an allowance or any other compensation for Construction Equipment or tools used in the performance of Changes to the Work where such Construction Equipment or tools have a replacement value of $500.00 or less. Construction Equipment costs claimed by the Contractor in connection with the performance of any Change to the Work shall not exceed rental rates established by distributors or construction equipment rental agencies in the locality of the Site; any costs asserted which exceed such rental rates shall not be allowed or paid. Unless otherwise specifically approved in writing by the District, the allowable rate for the use of Construction Equipment in connection with Changes to the Work shall constitute full compensation to the Contractor for the cost of rental, fuel, power, oil, lubrication, supplies, necessary attachments, repairs or maintenance of any kind, depreciation, storage, insurance, labor (exclusive of labor costs of the Construction Equipment operator), and any all other costs incurred by the Contractor incidental to the use of such Construction Equipment.

9.4.1.3.4 Mark-up on Costs of Changes to the Work. In determining the cost to the District and the extent of increase to the Contract Price resulting from a Change adding to the Work, the allowance for mark-ups on the costs of the Change for all overhead (including home office and field overhead), general conditions costs and profit associated with the Change shall not exceed the percentage set forth in the Supplemental Conditions, regardless of the number of Subcontractors, of any tier, performing any portion of any Change to the Work. If a Change to the Work reduces the Contract Price, no profit, general conditions or overhead costs shall be paid by the District to the Contractor for the reduced or deleted Work. In such event, the adjustment to the Contract Price shall be the actual cost reduction realized by the reduced or deleted Work multiplied by the percentage set forth in the Supplemental Conditions for mark-ups on the cost of a Change adding to the scope of the Work.

9.4.1.3.5 Contractor Maintenance of Records. In the event that Contractor shall be directed to perform any Changes to the Work pursuant to Article 9.1 or 9.2, or should the Contractor encounter conditions which the Contractor, pursuant to Article 9.6, believes would obligate the District to adjust the Contract Price and/or the Contract Time, Contractor shall maintain detailed records on a daily



basis. Such records shall include without limitation hourly records for labor and Construction Equipment and itemized records of materials and equipment used that day in connection with the performance of any Change to the Work. In the event that more than one Change to the Work is performed by the Contractor in a calendar day, Contractor shall maintain separate records of labor, Construction Equipment, materials and equipment for each such Change. In the event that any Subcontractor, of any tier, shall provide or perform any portion of any Change to the Work, Contractor shall require that each such Subcontractor maintain records in accordance with this Article. Each daily record maintained hereunder shall be signed by Contractor's Superintendent or Contractor's authorized representative; such signature shall be deemed Contractor's representation and warranty that all information contained therein is true, accurate, complete and relate only to the Change referenced therein. All records maintained by a Subcontractor, of any tier, relating to the costs of a Change to the Work shall be signed by such Subcontractor's authorized representative or Superintendent. All records maintained hereunder shall be subject to inspection, review and/or reproduction by the District, the Architect or the Project Inspector upon request. In the event that Contractor shall fail or refuse, for any reason, to maintain or make available for inspection, review and/or reproduction such records and the adjustment to the Contract Price on account of any Change to the Work is determined pursuant to this Article, the District's reasonable good faith determination of the extent of adjustment to the Contract Price on account of such Change shall be final, conclusive, dispositive and binding upon Contractor. Contractor's obligation to maintain records hereunder is in addition to, and not in lieu of, any other Contractor obligation under the Contract Documents with respect to Changes to the Work.

9.4.2 Adjustment to Contract Time. In the event of any Change(s) to the Work pursuant to this Article 9, the Contract Time shall be extended or reduced by Change Order for a period of time commensurate with the time reasonably necessary to perform such Change. Such time shall be requested in writing by the Contractor, and shall be justified by submittal of a CPM analysis accurately portraying the impact of the change on the critical path of the project schedule. Changes performed within available float as indicated in the updated Approved Construction Schedule shall not justify a time extension to the Contract. In the event that any Change shall require an extension of the Contract Time, the Contractor shall not be subject to Liquidated Damages for such period of time. If completion of the Work is delayed by causes for which the District is responsible and the delay is unreasonable under the circumstances involved, and not within the contemplation of the Contractor and the District at the time of execution of the Agreement, the Contractor shall not be precluded from the recovery of damages arising therefrom.

9.4.3 Addition or Deletion of Alternate Bid Item(s). If the Bid for the Work includes proposal(s) for Alternate Bid Item(s), during Contractor's performance of the Work, the District may elect, pursuant to this Article to add any such Alternate Bid Item(s) if the same did not form a basis for award of the Contract or delete any such Alternate Bid Item(s) if the same formed a basis for award of the Contract. If the District elects to add or delete any such Alternate Bid Item(s) pursuant to the foregoing, the cost or credit for such Alternate Bid Item(s) shall be as set forth in the Contractor’s Bid. If any Alternate Bid Item is added or deleted from the Work pursuant to the foregoing, the Contract Time shall be adjusted by the number of days allocated for the added or deleted Alternate Bid Item in the Contract Documents; if days are not allocated for any Alternate Bid Item added or deleted pursuant to the foregoing, the Contract Time shall be equitably adjusted.

9.5 Change Orders. If the District approves of a Change, a written Change Order prepared by the Architect on behalf of the District shall be forwarded to the Contractor describing the Change and setting forth the adjustment to the Contract Time and the Contract Price, if any, on account of such Change. All Change Orders shall be in full payment and final settlement of all claims for direct, indirect and consequential costs, including without limitation, costs of delays or impacts related to, or arising out of, items covered and affected by the Change Order, as well as any adjustments to the Contract Time. Any claim or item relating to any Change incorporated into a Change Order not presented by the Contractor for inclusion in the Change Order shall be deemed waived. The Contractor shall execute the Change Order prepared pursuant to the foregoing; once the Change Order has been prepared and forwarded to the Contractor for execution, without the prior approval of the District which may be granted or withheld in the sole and exclusive discretion of the District, the Contractor shall not modify or amend the form or content of such Change Order, or any portion thereof. The Contractor's attempted or purported modification or amendment of any such Change



Order, without the prior approval of the District, shall not be binding upon the District; any such unapproved modification or amendment to such Change Order shall be null, void and unenforceable. Unless otherwise expressly provided for in the Contract Documents or in the Change Order, any Change Order issued hereunder shall be binding upon the District only upon action of the District's Board of Trustees approving and ratifying such Change Order. In the event of any amendment or modification made by the Contractor to a Change Order for which there is no prior approval by the District, in accordance with the provisions of this Article 9.5, unless otherwise expressly stated in its approval and ratification of such Change Order, any action of the Board of Trustees to approve and ratify such Change Order shall be deemed to be limited to the Change Order as prepared by the Architect; such approval and ratification of such Change Order shall not be deemed the District's approval and ratification of any unapproved amendment or modification by the Contractor to such Change Order.

9.6 Contractor Notice of Changes. If the Contractor should claim that any instruction, request, the Drawings, the Specifications, action, condition, omission, default, or other situation obligates the District to increase the Contract Price or to extend the Contract Time, the Contractor shall notify the Project Manager, in writing, of such claim within ten (10) days from the date of its actual or constructive notice of the factual basis supporting the same. The District shall consider any such claim of the Contractor only if sufficient supporting documentation is submitted with the Contractor's notice to the Project Manager. Time is of the essence in Contractor's written notice pursuant to the preceding sentence so that the District can promptly investigate and consider alternative measures to the address such instruction, request, Drawings, Specifications, action, condition, omission, default or other situation. Accordingly, Contractor acknowledges that its failure, for any reason, to give written notice (with sufficient supporting documentation to permit the District's review and evaluation) within ten (10) days of its actual or constructive knowledge of any instruction, request, Drawings, Specifications, action, condition, omission, default or other situation for which the Contractor believes there should an adjustment of the Contract Time or the Contract Price shall be deemed Contractor's waiver, release, discharge and relinquishment of any right to assert or claim any entitlement to an adjustment of the Contract Time or the Contract Price on account of any such instruction, request, Drawings, Specifications, action, condition, omission, default or other situation. In the event that the District determines that the Contract Price or the Contract Time are subject to adjustment based upon the events, circumstances and supporting documentation submitted with the Contractor's written notice under this Article 9.6, any such adjustment shall be determined in accordance with the provisions of Articles 9.4.1 and 9.4.2.

9.7 Disputed Changes. In the event of any dispute or disagreement between the Contractor and the District or the Architect regarding the characterization of any item as a Change to the Work or as to the appropriate adjustment of the Contract Price or the Contract Time on account thereof, the Contractor shall promptly proceed with the performance of such item of the Work, subject to a subsequent resolution of such dispute or disagreement in accordance with the terms of the Contract Documents. The Contractor's failure or refusal to so proceed with such Work may be deemed to be Contractor's default of a material obligation of the Contractor under the Contract Documents.

9.8 Emergencies. In an emergency affecting the safety of life, or of the Work, or of property, the Contractor, without special instruction or prior authorization from the District or the Architect, is permitted to act at its discretion to prevent such threatened loss or injury. Any compensation claimed by the Contractor on account of such emergency work shall be submitted and determined in accordance with this Article 9.

9.9 Minor Changes in the Work. The Architect may order minor Changes in the Work not involving an adjustment in the Contract Price or the Contract Time and not inconsistent with the intent of the Contract Documents. Such Changes shall be effected by written order and shall be binding on the District and the Contractor. The Project Manager or the Project Inspector may direct the Contractor to perform Changes provided that each such Change does not result in an increase of more than $500.00 to the Contract Price and no adjustment of the Contract Time. The Contractor shall carry out such orders promptly.

9.10 Unauthorized Changes. Any Work beyond the lines and grades shown on the Contract Documents, or any extra Work performed or provided by the Contractor without notice to the Architect and the



Project Inspector in the manner and within the time set forth in Articles 9.2 or 9.6 shall be considered unauthorized and at the sole expense of the Contractor. Work so done will not be measured or paid for, no extension to the Contract Time will be granted on account thereof and any such Work may be ordered removed at the Contractor's sole cost and expense. The failure of the District to direct or order removal of such Work shall not constitute acceptance or approval of such Work nor relieve the Contractor from any liability on account thereof.

ARTICLE 10: SEPARATE CONTRACTORS

10.1 District's Right to Award Separate Contracts. The District reserves the right to perform construction or operations related to the Project with the District's own forces or to award separate contracts in connection with other portions of the Project or other construction or operations at or about the Site. If the Contractor claims that delay or additional cost is involved because of such action by the District, the Contractor shall seek an adjustment to the Contract Price or the Contract Time as provided for in the Contract Documents. Failure of the Contractor to request such an adjustment of the Contract Time or the Contract Price in strict conformity with the provisions of the Contract Documents applicable thereto shall be deemed a waiver of the same.

10.2 District's Coordination of Separate Contractors. The District shall provide for coordination of the activities of the District's own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate contractors and the District in reviewing their respective Construction Schedules when directed to do so. The Contractor shall make any revisions to the Approved Construction Schedule for the Work hereunder deemed necessary after a joint review and mutual agreement. The Construction Schedules shall then constitute the Construction Schedules to be used by the Contractor, separate contractors and the District until subsequently revised.

10.3 Mutual Responsibility. The Contractor shall afford the District and separate contractors reasonable opportunity for storage of their materials and equipment and performance of their activities at the Site and shall connect and coordinate the Contractor's Work, construction and operations with theirs as required by the Contract Documents.

10.4 Discrepancies or Defects. If part of the Contractor's Work depends for proper execution or results upon construction or operations by the District or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Architect and the Project Inspector any apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor to so report shall constitute an acknowledgment that the District's or separate contractors' completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then discoverable by the Contractor's reasonable diligence.

ARTICLE 11: TESTS AND INSPECTIONS

11.1 Tests; Inspections; Observations.

11.1.1 Contractor's Notice. If the Contract Documents, laws, ordinances or any public authority with jurisdiction over the Work requires the Work, or any portion thereof, to be specially tested, inspected or approved, the Contractor shall give the Project Manager written notice of the readiness of such Work for observation, testing or inspection at least two (2) working days prior to the time for the conducting of such test, inspection or observation. If inspection, testing or observation is by authority other than the District, the Contractor shall inform the Project Inspector and the Project Manager not less than two (2) working days prior to the date fixed for such inspection, test or observation. The Contractor shall not cover up any portion of the Work subject to tests, inspections or observations prior to the completion and satisfaction of the requirements of such test, inspection or observation. In the event that any portion of the Work subject to tests, inspection or approval shall be covered up by Contractor prior to completion and satisfaction of the requirements of such tests, inspection or approval, Contractor shall be responsible for the uncovering of such portion of the Work as is necessary for performing such tests, inspection or approval without adjustment of the Contract Price



or the Contract Time on account thereof.

11.1.2 Cost of Tests and Inspections. Costs for tests and inspection of materials shall be paid by the District as provided for herein. Within twenty (20) days after the establishment of the Approved Construction Schedule pursuant to Article 7.3 hereof, the District shall submit to the Contractor a written list of the portions of the Work subject to special tests or inspections to be paid for by the District along with the number of hours or costs of testing or inspection allocated for each such portion of the Work. Should any act, omission or other conduct of the Contractor, any of its Subcontractors, of any tier, or Material Suppliers cause the number of hours or the costs of such tests or inspections to exceed that set forth in the District’s list submitted pursuant to the foregoing, the Contractor shall be solely responsible for all such excess costs and the District may deduct such amount from any portion of the Contract Price then or thereafter due the Contractor. The District will pay for all tests and inspections provided that, in addition to the cost to be paid by the Contractor previously set forth in this Article, the contractor shall pay for all tests and inspections under any of the following conditions: (i) when such costs are stipulated in the provisions of the Contract Documents to be borne by the Contractor; (ii) when a material is tested or inspected and fails to meet the requirements of the Specifications and/or Drawings; or (iii) when the source of the material is changed after the original test or inspection has been made or approved, or for work performed outside of the scheduled contract working hours as stated in the Supplemental Conditions.

11.1.3 Testing/Inspection Laboratory. The District shall select duly qualified person(s) or testing laboratory(ies) to conduct the tests and inspections to be paid for by the District and required by the Contract Documents. Tests and inspections required of the Work shall be as set forth in the Contract Documents and as required by applicable law, rule or regulation, including without limitation, Title 24 of the California Code of Regulations. Test/inspection standards shall be as set forth in the Contract Documents or established by applicable law, rule or regulation. Where inspection or testing is to be conducted by an independent laboratory or testing agency, materials or samples thereof shall be selected by the laboratory, testing agency, the Project Inspector, the Project Manager or the Architect and not by the Contractor.

11.1.4 Additional Tests, Inspections and Approvals. If the Architect, the Project Manager, the Project Inspector or public authorities having jurisdiction over the Work determine that portions of the Work require additional testing, inspection or approval, the Project will instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the District, and the Contractor shall give timely notice to the Project Manager of when and where tests and inspections are to be made so the Project Inspector and the Architect may observe such procedures. The District shall bear the costs of such additional tests, inspections or approvals, except to the extent that such additional tests, inspections or approvals reveal any failure of the Work to comply with the requirements of the Contract Documents, in which case the Contractor shall bear all costs made necessary by such failures, including without limitation, the costs of corrections, repeat tests, inspections or approvals and the costs of the Architect's services or its consultants in connection therewith. Where required DSA testing of the work identifies a failure rate of ten percent (10%) or greater for any system, scope of work, installation or subtrade that has been specifically targeted, the District may, at its sole discretion, order that all such similar systems, installations, scopes of work or subtrade work used in connection with the Project be tested, and the cost to test all such work shall be paid by the Contractor.

11.2 Delivery of Certificates. Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Project Manager. If a material is not required to be tested, the Architect, Project Inspector or the Project Manager may require Contractor to furnish a certificate bearing the official and legal signature of the supplier with each delivery of such material, which certificate shall state that the material complies with the Specifications.

11.3 Timeliness of Tests, Inspections and Approvals. Tests or inspections required and conducted pursuant to the Contract Documents shall be made or arranged by Contractor to avoid delay in the progress of the Work.

ARTICLE 12: UNCOVERING AND CORRECTION OF WORK



12.1 Inspection of the Work.

12.1.1 Access to the Work. All Work and all materials and equipment forming a part of the Work or incorporated into the Work are subject to inspection by the District, the Project Manager, the Architect and the Project Inspector for conformity with the Contract Documents. The Contractor shall, at its cost and without adjustment to the Contract Price or the Contract Time, furnish any facilities necessary for sufficient and safe access to the Work for purposes of inspection by the District, the Project Manager, the Architect, the Project Inspector, DSA or any other public or quasi-public authority with jurisdiction over the Work or any portion thereof.

12.1.2 Limitations Upon Inspections. Inspections, tests, measurements, or other acts of the Architect and the Project Inspector hereunder are for the sole purpose of assisting them in determining that the Work, materials, equipment, progress of the Work, and quantities generally comply and conform with the requirements of the Contract Documents. These acts or functions shall not relieve the Contractor from performing the Work in full compliance with the Contract Documents. No inspection by the Architect or the Project Inspector shall constitute or imply acceptance of Work inspected. Inspection of the Work hereunder is in addition to, and not in lieu of, any other testing, inspections or approvals of the Work required under the Contract Documents.

12.2 Uncovering of Work. If any portion of the Work is covered contrary to the request of the Architect, the Project Inspector, the Project Manager or the requirements of the Contract Documents, it must, if required by the Architect, the Project Manager or the Project Inspector, be uncovered for observation by the Architect and the Project Inspector and be replaced at the Contractor's expense without adjustment of the Contract Time or the Contract Price.

12.3 Rejection of Work. Prior to the District's Final Acceptance of the Work, any Work or materials or equipment forming a part of the Work or incorporated into the Work which is defective or not in conformity with the Contract Documents may be rejected by the District, the Project Manager, the Architect or the Project Inspector and the Contractor shall correct such rejected Work without any adjustment to the Contract Price or the Contract Time, even if the Work, materials or equipment have been previously inspected by the Architect or the Project Inspector or even if they failed to observe the defective or non-conforming Work, materials or equipment.

12.4 Correction of Work. The Contractor shall promptly correct any portion of the Work rejected by the District, the Project Manager, the Architect or the Project Inspector for failing to conform to the requirements of the Contract Documents, or which is determined by them to be defective, whether observed before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work, including additional testing and inspections and compensation for the Architect's or Project Inspector’s services and expenses made necessary thereby. The Contractor shall bear all costs of correcting destroyed or damaged construction, whether completed or partially completed, of the District or separate contractors, caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Contract Documents, or which is defective.

12.5 Removal of Non-Conforming or Defective Work. The Contractor shall, at its sole cost and expense, remove from the Site all portions of the Work which are defective or are not in accordance with the requirements of the Contract Documents which are neither corrected by the Contractor nor accepted by the District.

12.6 Failure of Contractor to Correct Work. If the Contractor fails to commence to correct defective or non-conforming Work within three (3) days of notice of such condition and promptly thereafter complete the same within a reasonable time, the District may correct it in accordance with the Contract Documents. If the Contractor does not proceed with correction of such defective or non-conforming Work within the time fixed herein, the District may remove it and store the salvable materials or equipment at the Contractor's expense. If the Contractor does not pay costs of such removal and storage after written notice, the District may sell such materials or equipment at auction or at private sale and shall account for the proceeds thereof, after deducting costs and damages that should have been borne by the Contractor, including without limitation compensation for the Architect's or Project Inspector’s services, attorneys fees and other expenses made necessary



thereby. If such proceeds of sale do not cover costs which the Contractor should have borne, the Contract Price shall be reduced by the deficiency. If payments of the Contract Price then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor and the Surety shall promptly pay the difference to the District.

12.7 Acceptance of Defective or Non-Conforming Work. The District may, in its sole and exclusive discretion, elect to accept Work which is defective or which is not in accordance with the requirements of the Contract Documents, instead of requiring its removal and correction, in which case the Contract Price shall be reduced as appropriate and equitable.

ARTICLE 13: WARRANTIES

13.1 Workmanship and Materials. The Contractor warrants to the District that all materials and equipment furnished under the Contract Documents shall be new, of good quality and of the most suitable grade and quality for the purpose intended, unless otherwise specified in the Contract Documents. All Work shall be of excellent quality, free from faults and defects and in conformity with the requirements of the Contract Documents. If required by the District, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment incorporated into the Work. Any Work, or portion thereof not conforming to these requirements, including substitutions or alternatives not properly approved in accordance with the Contract Documents may be deemed defective. Where there is an approved substitution of, or alternative to, material or equipment specified in the Contract Documents, the Contractor warrants to the District that such installation, construction, material, or equipment will equally perform the function and have the quality of the originally specified material or equipment. The Contractor expressly warrants the merchantability, the fitness for use, and quality of all substitute or alternative items in addition to any warranty given by the manufacturer or supplier of such item.

13.2 Warranty Work. If, within one year after the date of Final Acceptance, or such other time frame set forth elsewhere in the Contract Documents, any of the Work is found to be defective or not in accordance with the requirements of the Contract Documents, or otherwise contrary to the warranties contained in the Contract Documents, the Contractor shall commence all necessary corrective action not more than seven (7) days after receipt of a written notice from the District to do so, and to thereafter diligently complete the same. In the event that Contractor shall fail or refuse to commence correction of any such item within said seven (7) day period or to diligently prosecute such corrective actions to completion, the District may, without further notice to Contractor, cause such corrective Work to be performed and completed. In such event, Contractor and Contractor's Performance Bond Surety shall be responsible for all costs in connection with such corrective Work, including without limitation, general administrative overhead costs of the District in securing and overseeing such corrective Work. Nothing contained herein shall be construed to establish a period of limitation with respect to any obligation of the Contractor under the Contract Documents. The obligations of the Contractor hereunder shall be in addition to, and not in lieu of, any other obligations imposed by any special guarantee or warranty required by the Contract Documents, guarantees or warranties provided by any manufacturer of any item or equipment forming a part of, or incorporated into the Work, or otherwise recognized, prescribed or imposed by law. Neither the District's Final Acceptance, the making of Final Payment, any provision in Contract Documents, nor the use or occupancy of the Work, in whole or in part, by District shall constitute acceptance of Work not in accordance with the Contract Documents nor relieve the Contractor or the Contractor's Performance Bond Surety from liability with respect to any warranties or responsibility for faulty or defective Work or materials, equipment and workmanship incorporated therein.

13.3 Guarantee. Upon completion of the Work, Contractor shall execute and deliver to the District the form of Guarantee included within the Contract Documents. The Contractor's execution and delivery of the form of Guarantee is an express condition precedent to any obligation of the District to disburse the Final Payment to the Contractor.

13.4 Survival of Warranties. The provisions of this Article 13 shall survive the Contractor's completion of Work under the Contract Documents, the District's Final Acceptance or the termination of the Contract.



ARTICLE 14: SUSPENSION OF WORK

14.1 District's Right to Suspend Work. The District may, without cause, and without invalidating or terminating the Contract, order the Contractor, in writing, to suspend, delay or interrupt the Work in whole or in part for such period of time as the District may determine. The Contractor shall resume and complete the Work suspended by the District in accordance with the District's directive, whether issued at the time of the directive suspending the Work or subsequent thereto.

14.2 Adjustments to Contract Price and Contract Time. In the event the District shall order suspension of the Work, an adjustment shall be made to the Contract Price for increases in the direct cost of performance of the Work of the Contract Documents, actually caused by suspension, delay or interruption ordered by the District; provided however that no adjustment of the Contract Price shall be made to the extent: (i) that performance is, was or would have been so suspended, delayed or interrupted by another cause for which the Contractor is responsible under the Contract Documents; or (ii) that an equitable adjustment is made or denied under another provision of the Contract Documents. The foregoing notwithstanding, any such adjustment of the Contract Price shall not include any adjustment to increase the Contractor's overhead, general administrative costs or profit, all of which will remain as reflected in the Cost Breakdown submitted by the Contractor pursuant to the Contract Documents. In the event of the District's suspension of the Work, the Contract Time shall be equitably adjusted.

ARTICLE 15: TERMINATION

15.1 Termination for Cause.

15.1.1 District's Right to Terminate. The District may terminate the Contract upon the occurrence of any one or more of the following events of the Contractor's default: (i) if the Contractor refuses or fails to prosecute the Work with diligence as will insure Final Completion of the Work within the Contract Time, or if the Contractor fails to substantially Complete the Work within the Contract Time; (ii) if the Contractor becomes bankrupt or insolvent, or makes a general assignment for the benefit of creditors, or if the Contractor or a third party files a petition to reorganize or for protection under any bankruptcy or similar laws, or if a trustee or receiver is appointed for the Contractor or for any of the Contractor's property on account of the Contractor's insolvency, and the Contractor or its successor in interest does not provide adequate assurance of future performance in accordance with the Contract Documents within ten (10) days of receipt of a request for such assurance from the District; (iii) if the Contractor repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment; (iv) if the Contractor repeatedly fails to make prompt payments to any Subcontractor, of any tier, or Material Suppliers or others for labor, materials or equipment; (v) if the Contractor disregards laws, ordinances, rules, codes, regulations, orders applicable to the Work or similar requirements of any public entity having jurisdiction over the Work; (iv) if the Contractor disregards proper directives of the Architect, the Project Inspector or District under the Contract Documents; (vii) if the Contractor performs Work which deviates from the Contract Documents and neglects or refuses to correct such Work; or (viii) if the Contractor otherwise violates in any material way any provisions or requirements of the Contract Documents. Once the District determines that sufficient cause exists to justify the action, the District may terminate the Contract without prejudice to any other right or remedy the District may have, after giving the Contractor and the Surety at least seven (7) days advance written notice of the effective date of termination. The District shall have the sole discretion to permit the Contractor to remedy the cause for the termination without waiving the District's right to terminate the Contract, or otherwise waiving, restricting or limiting any other right or remedy of the District under the Contract Documents or at law.

15.1.2 District's Rights Upon Termination. In the event that the Contract is terminated pursuant to this Article 15.1, the District may take over the Work and prosecute it to completion, by contract or otherwise, and may exclude the Contractor from the site. The District may take possession of the Work and of all of the Contractor's tools, appliances, construction equipment, machinery, materials, and plant which may be on the site of the Work, and use the same to the full extent they could be used by the Contractor without liability to the Contractor. In exercising the District's right to prosecute the completion of the Work, the District may also take possession of all materials and equipment stored at the site of the Work or for which the District has paid the Contractor but which are stored



elsewhere, and finish the Work as the District deems expedient. In exercising the District's right to prosecute the completion of the Work, the District shall have the right to exercise its sole discretion as to the manner, methods, and reasonableness of the costs of completing the Work and the District shall not be required to obtain the lowest figure for completion of the Work. In the event that the District takes bids for remedial Work or completion of the Work, the Contractor shall not be eligible for the award of such contract(s).

15.1.3 Completion by the Surety. In the event that the Contract is terminated pursuant to this Article 15.1, the District may demand that the Surety take over and complete the Work. The District may require that in so doing, the Surety not utilize the Contractor in performing and completing the Work. Upon the failure or refusal of the Surety to take over and begin completion of the Work within twenty (20) days after demand therefor, the District may take over the Work and prosecute it to completion as provided for above.

15.1.4 Assignment and Assumption of Subcontracts. The District shall, in its sole and exclusive discretion, have the option of requiring any Subcontractor or Material Supplier to perform in accordance with its Subcontract or Purchase Order with the Contractor and assign the Subcontract or Purchase Order to the District or such other person or entity selected by the District to complete the Work.

15.1.5 Costs of Completion. In the event of termination under this Article 15.1, the Contractor shall not be entitled to receive any further payment of the Contract Price until the Work is completed. If the unpaid balance of the Contract Price as of the date of termination exceeds the District's direct and indirect costs and expenses for completing the Work, including without limitation, attorneys' fees and compensation for additional professional and consultant services, such excess shall be used to pay the Contractor for the cost of the Work performed prior to the effective date of termination with a reasonable allowance for overhead and profit. If the District's costs and expenses to complete the Work exceed the unpaid Contract Price, the Contractor and/or the Surety shall pay the difference to the District.

15.1.6 Contractor Responsibility for Damages. The Contractor and the Surety shall be liable for all damage sustained by the District resulting from, in any manner, the termination of Contract under this Article 15.1, including without limitation, attorneys' fees, and for all costs necessary for repair and completion of the Work over and beyond the Contract Price.

15.1.7 Conversion to Termination for Convenience. In the event the Contract is terminated under this Article 15.1, and it is determined, for any reason, that the Contractor was not in default under the provisions hereof, the termination shall be deemed a Termination for Convenience of the District and thereupon, the rights and obligations of the District and the Contractor shall be determined in accordance with Article 15.2 hereof.

15.1.8 District's Rights Cumulative. In the event the Contract is terminated pursuant to this Article 15.1, the termination shall not affect or limit any rights or remedies of the District against the Contractor or the Surety. The rights and remedies of the District under this Article 15.1 are in addition to, and not in lieu of, any other rights and remedies provided by law or otherwise under the Contract Documents. Any retention or payment of monies to the Contractor by the District shall not be deemed to release the Contractor or the Surety from any liability hereunder.

15.2 Termination for Convenience of the District. The District may at any time, in its sole and exclusive discretion, by written notice to the Contractor, terminate the Contract in whole or in part when it is in the interest of, or for the convenience of, the District. In such case, the Contractor shall be entitled to payment for: (i) Work actually performed and in place as of the effective date of such termination for convenience of the District, with a reasonable allowance for profit and overhead on such Work, and (ii) reasonable termination expenses for reasonable protection of Work in place and suitable storage and protection of materials and equipment delivered to the site of the Work but not yet incorporated into the Work, provided that such payments exclusive of termination expenses shall not exceed the total Contract Price as reduced by payments previously made to the Contractor and as further reduced by the value of the Work as not yet completed. The Contractor shall not be entitled to profit and overhead on Work which was not performed as of the effective date of the termination for



convenience of the District. The District may, in its sole discretion, elect to have subcontracts assigned pursuant to Article 15.1.4 above after exercising the right hereunder to terminate for the District’s convenience.

ARTICLE 16: MISCELLANEOUS

16.1 Governing Law. This Contract shall be governed by and interpreted in accordance with the laws of the State of California.

16.2 Marginal Headings; Interpretation. The titles of the various Articles of these General Conditions and elsewhere in the Contract Documents are used for convenience of reference only and are not intended to, and shall in no way, enlarge or diminish the rights or obligations of the District or the Contractor and shall have no effect upon the construction or interpretation of the Contract Documents. The Contract Documents shall be construed as a whole in accordance with their fair meaning and not strictly for or against the District or the Contractor.

16.3 Successors and Assigns. Except as otherwise expressly provided in the Contract Documents, all terms, conditions and covenants of the Contract Documents shall be binding upon, and shall inure to the benefit of the District and the Contractor and their respective heirs, representatives, successors-in-interest and assigns.

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

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

16.6 No Assignment by Contractor. The Contractor shall not sublet or assign the Contract, or any portion thereof, or any monies due thereunder, without the express prior written consent and approval of the District, which approval may be withheld in the sole and exclusive discretion of the District. The District's approval to such assignment shall be upon such terms and conditions as determined by the District in its sole and exclusive discretion.

16.7 Gender and Number. Whenever the context of the Contract Documents so require, the neuter gender shall include the feminine and masculine, the masculine gender shall include the feminine and neuter, the singular number shall include the plural and the plural number shall include the singular.

16.8 Independent Contractor Status. In performing its obligations under the Contract Documents, the Contractor is an independent contractor to the District and not an agent or employee of the District. Nothing contained herein shall be deemed or construed as creating a relationship of employer and employee between the District and the Contractor or any Subcontractors, employees of the Contractor or Subcontractors or their respective agents and representatives. Neither the Contractor, Subcontractors nor any employees of the Contractor or Subcontractors are entitled to any rights or privileges of District employees.

16.9 Notices. Except as otherwise expressly provided for in the Contract Documents, all notices which the District or the Contractor may be required, or may desire, to serve on the other, shall be effective only if delivered by personal delivery or by postage prepaid, First Class Certified Return Receipt Requested United States Mail, addressed to the District or the Contractor at their respective address set forth in the Contract Documents, or such other address(es) as either the District or the Contractor may designate from time to time by written notice to the other in conformity with the provisions hereof. In the event of personal delivery, such notices shall be deemed effective upon delivery, provided that



such personal delivery requires a signed receipt by the recipient acknowledging delivery of the same. In the event of mailed notices, such notice shall be deemed effective on the third working day after deposit in the mail.

16.10 Disputes; Continuation of Work. Notwithstanding any claim, dispute or other disagreement between the District and the Contractor regarding performance under the Contract Documents, the scope of Work thereunder, or any other matter arising out of or related to, in any manner, the Contract Documents, the Contractor shall proceed diligently with performance of the Work in accordance with the District's written direction, pending any final determination or decision regarding any such claim, dispute or disagreement.

16.11 Dispute Resolution; Arbitration.

16.11.1 Claims Under $375,000.00. Claims between the District and the Contractor of $375,000.00 or less shall be resolved in accordance with the procedures established in Part 3, Chapter 1, Article 1.5 of the California Public Contract Code, §§20104 et seq.; provided however that California Public Contract Code §20104.2(a) shall not supersede the requirements of the Contract Documents with respect to the Contractor's notification to the District of such claim or extend the time for the giving of such notice as provided in the Contract Documents. The term "claims" as used herein shall be as defined in California Public Contract Code §20104(b)(2).

16.11.2 Arbitration. Except as provided in Article 16.11.1, any other claims, disputes, disagreements or other matters in controversy between the District and the Contractor arising out of, or related, in any manner, to the Contract Documents, or the interpretation, clarification or enforcement thereof shall be resolved by arbitration conducted in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association ("AAA") in effect as of the date that a Demand for Arbitration is filed, except as expressly modified herein. The locale for any arbitration commenced hereunder shall be the regional office of the AAA closest to the Site. The award rendered by the Arbitrator(s) shall be final and binding upon the District and the Contractor. In connection with any arbitration proceeding commenced hereunder, the discovery rights and procedures provided for in California Code of Civil Procedure §1283.05 shall be applicable, and the same shall be deemed incorporated herein by this reference. A Demand for Arbitration shall be filed and served within a reasonable time after the occurrence of the claim, dispute or other disagreement giving rise to the Demand for Arbitration, but in no event shall a Demand for Arbitration be filed or served after the date when the institution of legal or equitable proceedings based upon such claim, dispute or other disagreement would be barred by the applicable statute of limitations. In the event more than one Demand for Arbitration is made by either the District or the Contractor, all such controversies shall be consolidated into a single arbitration proceeding, unless otherwise agreed to by the District and the Contractor. The Contractor's Surety, a Subcontractor or Material Supplier to the Contractor and other third parties may be permitted to join in and be bound by an arbitration commenced hereunder if required by the terms of their respective agreements with the Contractor, except to the extent that such joinder would unduly delay or complicate the expeditious resolution of the claim, dispute or other disagreement between the District and the Contractor, in which case an appropriate severance order shall be issued by the Arbitrator(s). The expenses and fees of the Arbitrator(s) shall be divided equally among the parties to the arbitration. Each party to any arbitration commenced hereunder shall be responsible for and shall bear its own attorneys' fees, witness fees and other cost and expense incurred in connection with such arbitration. The foregoing notwithstanding, the Arbitrator(s) may award arbitration costs, including Arbitrators' fees but excluding attorneys' fees, to the prevailing party. The confirmation, enforcement, vacation or correction of an arbitration award rendered hereunder shall be the Superior Court of the State of California for the county in which the Site is situated. The substantive and procedural rules for such post-award proceedings shall be as set forth in California Code of Civil Procedure §1285 et seq.

16.11.3 Inapplicability to Bid Bond. The provisions of this Article 16.11 shall not be applicable to disputes, disagreements or enforcement of rights or obligations under the Bid Bond; all claims, disputes and actions to enforce rights or obligations under the Bid Bond shall be adjudicated only by judicial proceedings commenced in a court of competent jurisdiction.

16.12 Capitalized Terms. Except as otherwise expressly provided, capitalized terms used in the Contract



Documents shall have the meaning and definition for such term as set forth in the Contract Documents.

16.13 Attorneys Fees. Except as expressly provided for in the Contract Documents, or authorized by law, neither the District nor the Contractor shall recover from the other any attorneys fees or other costs associated with or arising out of any legal, administrative or other proceedings filed or instituted in connection with or arising out of the Contract Documents or the performance of either the District or the Contractor thereunder.

16.14 Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in the Contract Documents is deemed to be inserted herein and the Contract Documents shall be read and enforced as though such provision or clause are included herein, and if through mistake, or otherwise, any such provision or clause is not inserted or if not correctly inserted, then upon application of either party, the Contract Documents shall forthwith be physically amended to make such insertion or correction.

16.15 Days. Unless otherwise expressly stated, references to "days" in the Contract Documents shall be deemed to be calendar days.

16.16 Prohibited Interests. No employee of the District, who is authorized in such capacity on behalf of the District to negotiate, make, accept or approve, or to take part in negotiating, making, accepting or approving any architectural, engineering, inspection, construction or material supply contract or subcontract in connection with the Work shall become directly or indirectly financially interested in the Work or any part thereof.

16.17 Entire Agreement. The Contract Documents contain the entire agreement and understanding between the District and the Contractor concerning the subject matter hereof, and supersedes and replaces all prior negotiations, proposed agreements or amendments, whether written or oral. No amendment or modification to any provision of the Contract Documents shall be effective or enforceable except by an agreement in writing executed by the District and the Contractor.

[END OF SECTION]



SUPPLEMENTAL CONDITIONS

1. Application of Supplemental Conditions. These Supplemental Conditions form a part of

the Contract Documents for the Work generally described as: Building 23 Renovation. Unless otherwise noted, all provisions of these Supplemental Conditions apply to the Work and obligations of the Bid Package.

2. Order of Precedence:

A. In resolving disputes resulting from conflicts, errors, or discrepancies between any of the Contract Documents, the order of precedence shall be as follows:

1. Change Orders/Work Directive Changes 2. Agreement 3. Addenda 4. Contractor’s Bid (Bid Forms) 5. Supplementary General Conditions 6. Notice Inviting Bids 7. Instructions to Bidders 8. General Requirements (Division 1) fo the Technical Specifications 9. General Conditions of the Contract 10. Technical Specifications 11. Referenced Standard Specifications 12. Contract Drawings 13. Referenced Standard Drawings

B. In resolving disputes resulting from conflicts or errors with the Contract Docuements as listed above, the stricter, more stringent standard and requirement shall be followed at no additional cost to the District.

3. Contract Time.

3.1 Completion of the entire work: The work shall be commenced on the date stated in the District’s notice to the Contractor to proceed (which date will not be less than five (5) consecutive calendar days from and after the date of execution of the contract) and shall be completed (Final Completion) within One Hundred Thirty (130) consecutive calendar days from and after the date stated in such notice (Reference Article 7 of the General Conditions).

4. Liquidated Damages.

4.1 Delayed Completion of the Work. The Contractor shall be subject to the assessment of Liquidated Damages for failure to achieve Final Completion of the Work within the Contract Time as indicated in item 1a, above. Liquidated Damages shall be at the rate of Five Hundred Dollars ($500.00) per day until Final Completion of the work is achieved.

4.2 Delayed Submittals. The per day assessment of Liquidated Damages for

Contractor’s delayed submission of Submittals pursuant to Article 4.8.2.1 of the General Conditions is Five Hundred Dollars ($500.00) per day as indicated in Item 4.1above.

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BID 3009 PAGE 1 OF 4


5. Insurance and Bonds.

5.1 Contractor’s Insurance. Pursuant to Article 6 of the General Conditions, the Contractor shall obtain and maintain the following insurance coverage, with minimum coverage amounts as set forth below:

Employers Liability Insurance $1,000,000 Commercial General Liability Insurance:

Per Occurrence $1,000,000 Aggregate $2,000,000

Automobile Liability Insurance: $1,000,000 (If not included in General Liability coverage)

Workers Compensation Insurance Statutory Limits 5.2 Builders Risk Insurance. Refer to General Conditions - Section 00700 - Article 6.3. 5.3 Subcontractors’ Insurance. Contractor is required to have his subcontractors

insured to the minimum coverage amounts set forth in Item 4.1, above. Upon request, the Contractor shall furnish the District with satisfactory proof of such coverage.

5.4 Certificates of insurance shall clearly state that the District is named as additional

insured under the policy described and that such insurance policy shall be primary to any insurance or self-insurance maintained by the District.

5.5 Subcontractors’ Bonding. In addition to the Performance and Payment Bonds

required of the Contractor per Article 6.9 of the General Conditions, Contractor shall require Performance and Payment Bonds of all subcontractors performing work in excess of $25,000.

6. Drawings and Specifications. The number of sets of the Drawings and Specifications,

which the District will provide to the Contractor, pursuant to Article 2.1.2 of the General Conditions, is six (6) sets of specifications with plans.

7. Number of Contract Documents. The number of executed copies of the Agreement is

three (3), the number of Performance Bonds and Payment Bonds required is two (2). 8. Security. In addition to the security requirements set forth elsewhere in the Contract

Documents, the Contractor must adhere to the following: a) Keys. The Contractor’s site supervisor of the Work will be issued a key for that site at

the beginning of the Work. The key must not be duplicated, and the Contractor is responsible for returning the key to the District when the Work at the site is complete. The Contractor may be charged $1,000.00 per key, for any key not returned to the District at the completion of the work.

b) Locked Door Policy. No building, room or site gate shall be left unsecured for any period of time when not occupied by the Contractor and/or after the Contractor’s daily work hours.




9. Working Hours. a) All construction and general maintenance activities, except in emergencies and special

circumstances, shall be limited to the hours of 7 am to 7 pm Monday-Saturday.

b) The working hours for this Contract are 7:00 am – 4:00 pm. c) If Project includes work which would be disruptive to normal school operations, or which

would be dangerous to building occupants, the Contractor will be required to re-schedule subject work to occur during hours as directed by the Project Manager without any additional cost to the District.

d) All work performed outside of normal working hours must be scheduled in advance with the approval of the Project Manager and Contractor may be subject to over-time costs for District staff, Project Manager and Project Inspector to be available after normal working hours.

10. Mark-ups on Changes to the Work.

In the event of Changes to the Work, pursuant to Article 9 of the General Conditions, the mark-ups allowed on the direct cost of changed work include all incidental overhead support costs and profit. No mark-up on mark-ups are permitted. The allowable mark-ups for this Project are as follows:

a. Net Amount of Each Change Order > $0: Entire Change Order is additive or the net

result of the Change Order is additive.

1) For any portion of the Change performed by Contractor’s direct forces, Contractor may mark-up the allowable actual costs as follows:

a. Direct labor: 10% b. Direct Material 6% c. Bonds 1%

2) For the portion of the Change performed by Subcontractors of any tier, the

percentage mark-up on allowable actual labor and material costs incurred by all Subcontractors of any tier is Twelve Percent (12%).

3) For the portion of the Change performed by Subcontractors of any tier, the

Contractor may add an amount equal to Five Percent (5%) of the allowable actual direct labor and materials costs of the Subcontractors performing the change.

b. Net Amount of Each Change Order < $0: Entire Change Order is deductive or the net

result of the Change Order is deductive. 1) Where an entire item or section of work is deleted from the Contract, the entire

subcontract value or bid value shall be considered the appropriate deduction less the value of work performed, and shall have Five Percent (5) mark-up added thereto for the Contractor’s saved overhead, bonds and insurance.

2) If the subcontract value or bid value is not identifiable, then the amount to be BUILDING 23 RENOVATION SUPPLEMENTAL CONDITIONS – 00800



deducted from the Contract Amount shall be the estimated value of the deducted work plus Five Percent (5%) for saved overhead, bonds and insurance.

3) The value submitted on the Schedule of Values shall be used to calculate the credit

amount, and may not be further marked up if it includes the value for general conditions (overhead, bonds, insurance, etc.).

ALTERNATE METHODOLGY:

1) For the portion of the Work actually performed by the contractor and/or Subcontractor of any tier, the combined percentage mark-up on allowable actual labor and material costs incurred is Five Percent (5%).

11. Allowances.

The following allowances are in addition to the scope of the Work as defined in the Contract Documents and the Contractor shall add all Allowances to complete the work and shall include the total Allowances amount in the Bid Proposal Lump Sum Amount (Refer to Bid Form, Section 00300).

List of Allowances

Item Description Amount ($)

1 Unforeseen Conditions $ 10,000.00 Total Allowances $ 10,000.00

The District may utilize the above allowances up to the total amount during the course of construction by issuing a Work Directive(s) to the Contractor. A final or deductive Change Order will be issued at the completion of the Work to return any balance of the unused allowances to the District.

Upon incorporation of the Work described in each Work Directive, the Contractor will be paid out of the Allowance fund as a line Item included in the Contractor’s payment application.

12. Project Manager. The District’s Project Manager is Caryn Cowin , Project Manager

located in Building 46, 1100 North Grand Avenue, Walnut, CA 91789. Phone: (909) 274-4850; Fax: (909) 274-2931. All project correspondence shall be routed through the Project Manager, unless otherwise directed.

END OF SECTION



SECTION 01010 SUMMARY OF WORK

PART 1 -GENERAL 1.01 WORK REQUIRED BY CONTRACT DOCUMENTS

A. The work of this contract includes all construction and services required for demolition and renovation of approximately 7,000 square feet of space in Building 23 for use and occupancy of the Information Technology and Public Safety departments. 1. New Offices and conference spaces. 2. Modifications to plumbing and heating, ventilating and air conditioning systems. 3. Electrical power, lighting, and signal systems. 4. Coordination of work being performed by others under separate contracts with District,

described in Article 1.3, below. 5. Work under this contract as described per these specifications.

1.02 CONCURRENT WORK UNDER SEPARATE CONTRACTS

A. District may award separate design and construction contracts concurrent with this Contract and in the future, as determined by the District, for work listed below and for other work as the District may determine. Such work under separate contracts may be indicated on the Drawings and in the Specifications as “Not in Contract”, “NIC”, “future” or “Under Separate Contract”. Also, reference General Conditions, Article 10.

B. All contractors shall cooperate and coordinate their sequence of work for proper interface and time completion of the work.

C. Relationship to Work Under the Contract: Work under the Contract shall include all provisions

necessary to make such concurrent work under separate contracts complete in every respect and fully functional, including field finishing. Provide necessary backing, supports, piping, conduit, conductors, and other such provisions from point of service to point of connection, as shown on Drawings and specified herein.

D. Documents for Work Under Separate Contracts: Such documents are available within these

Project Documents. 1.03 ALTERATIONS WORK DESCRIPTION

A. Alterations Work Description: Remodel the following areas, complete including operational mechanical and electrical Work: 1. Offices, conference spaces, storage areas, kitchenette, etc. as indicated on drawings.

B. In addition to specified replacement of equipment and fixtures, restore existing plumbing, heating,

ventilation, air conditioning, electrical, and communications systems to full operational condition.

1.04 RELATED WORK BY DISTRICT

A. General: All such work indicated in the Contract Documents and/or specified herein. B. Work Under Separate Contract by District: District has awarded or may award separate

contract(s) with others to furnish and install the following. Contract Documents describing work under separate contracts will are available for inspection at the Facilities Planning and Management offices once these documents are available, during normal business hours.

C. Not in Contract (NIC) Work: Items noted NIC will be supplied and installed by the District before

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Contract Completion. Some items include: 1. New Flooring/floor finishes. 2. Demountable Wall Partitions. 3. Systems Furniture 4. Audio Visual Equipment

D. Removals by District: District will remove the following items before start of Work under the

Contract: 1. Existing AV systems within conference spaces. 2. Existing furniture. 3. Existing telephones.

1.05 WORK SEQUENCE

A. Reference:

1. Time for Completion and Liquidated Damages; General Conditions, Article 7.5. 2. Progress Schedule; General Conditions, Article 7.3. 3. Supplemental Conditions.

B. Time limit(s) for Completion of work:

1. Contract Time: see Supplemental Conditions, Section 1. 2. Liquidated Damages: see Supplemental Conditions, Section 2. 3. Contractor shall anticipate and include in his bid costs that construction operations will

proceed during the construction time stated in the Contract Documents. If the Contractor chooses to schedule or to accomplish the work in less than the Contract Time, it shall be at his own option and risk; and shall be fully coordinated with the Project Manager, and all other Contractors; and shall not establish a cause for any claim for delay, extended overhead, damages, or additional compensation of any kind against the District, Architect, or Project Manager for any reason.

1.10. OCCUPANCY

A. Partial Owner Occupancy: The District will occupy the campus, buildings adjacent to, and office space within the project site during the construction period. The Contractor shall coordinate and cooperate with the District during construction operations to minimize conflicts and facilitate District usage. Perform the Work so as not to interfere with the District’s operations.

B. Full Owner Occupancy: The District will occupy the project site, existing buildings and office

space within the project site during the entire construction period. The Contractor shall coordinate and cooperate with the District during construction operations to minimize conflicts and facilitate District usage. Perform the Work so as not to interfere with the District’s operations.

END OF SECTION

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SECTION 01015 CONTRACTOR’S USE OF PREMISES PART 1 -GENERAL 1.1 SUMMARY

A. This Section applies to all situations in which the Contractor or its representatives including, but not limited to, employees, subcontractors of any tier, suppliers and field engineers who enter the campus. Contractor shall coordinate i t s use of the premises under the direction of the College's representative.

1.2 RELATED WORK

A. Documents affecting work of this Section include, but are not limited to, the General Conditions, and Sections in Division 1 of these Specifications.

1.3 QUALITY ASSURANCE

A. Promptly upon award of the Contract, notify all pertinent personnel and subcontractors regarding the requirements of this Section. Contractor shall require that all personnel who will enter the campus certify their awareness of and familiarity with the requirements of this Section.

1.4 ACCESS TO THE JOB SITE

A. As instructed by the College, Contractor shall restrict its representatives to the access route and to the immediate work areas at the Site, or as otherwise directed by the College. 1. Deliver materials, tools, and equipment to the Site as directed by the College. 2. Contractor's representatives shall enter the work area as directed by the College

and shall not go beyond the work area limits.

B. Contractor shall in no way block driveways and entrances to the work site. Use of such accesses will only be for the purposes of delivery and/or removal of materials, equipment, tools, vehicles, and rubbish and debris.

C. Such accesses shall be kept free of obstructions and maintained in a safe condition at

all times during the performance of the Contract. 1.5 SECURITY AND WORKERS CONDUCT

A. Contractor is responsible for ensuring proper identification and appropriate conduct of its representatives at all times while on Campus. Any instances of improper conduct by the Contractor's representatives will result in having such persons immediately removed from the campus and terminated from the Project. Any delays to the schedule, perceived or otherwise, as a result of the removal of the Contractor's representatives are the sole responsibility of the Contractor.

B. No Contact with Students: Contractor's representatives shall not have unauthorized

direct contact with the College's students during the performance of the Work in compliance with Educational Code §§45125.1 and 45125.2. To ensure these provisions, Contractor shall comply with the following: 1. All Contractors are responsible for the behavior of their employees,

subcontractors, and consultants.

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2. Contractor’s designated employee shall continually monitor and supervise Contractor’s representatives for compliance with this Section.

3. Any person found to be in unauthorized contact with students will be terminated from the Project. a. Where contact with students is unavoidable, the Contractor shall explain

in writing to the College and shall be responsible for ensuring compliance with the requirements of Education Code §45125.2. Contractor shall provide to the College a list of the names of all such individuals who may come in contact with students during the performance of the Work.

b. Contractor shall erect and maintain a physical barrier around the storage and work areas as needed to limit contact between its representatives and students. Barrier shall be as specified in Section 01500 - Construction Facilities and Temporary Controls.

C. All personnel working on the Project shall obtain an ID badge from the College’s Project

Manager. Each badge is assigned to a specific person, and must be displayed when the employee is on campus for the duration of the Project. Procedures for obtaining an ID badge are: 1. The employee(s) must check in with the College’s Project Manager or

Construction Specialist, who will assign a badge to each individual worker. 2. When a worker’s assignment is complete, the badge must be turned back in to

the Project Manager or Construction Specialist. 3. Upon completion of the Contract, all badges issued must be returned to the

Project Manager before the Project will be signed off as completed.

D. Tobacco, Alcohol, and Firearms: In accordance with federal, state, and local regulations, Contractor's representatives are not permitted to smoke or otherwise consume tobacco, consume alcoholic beverages or any illegal substance, or carry firearms in any area of the Campus, including parking lots and adjacent sidewalks. Any person caught violating such regulations is subject to arrest by local authorities.

E. In accordance with College policy, Contractor's representatives are required to observe

appropriate dress and language while on Campus.

END OF SECTION

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SECTION 01026

SCHEDULE OF VALUES PART 1 - GENERAL 1.1 SECTION INCLUDES

A. Procedure for Contractor to submit Schedule of Values for review and approval by the District. The approved Schedule of Values shall be the basis of the Contractor’s Monthly Payment Requests.

1.2 RELATED SECTIONS

A. Section 01290 Application for Payment.

B. Section 01300: Submittals. 1.3 PREPARATION GUIDELINES

A. Use the District's Schedule of Values form provided in the Project Manual Specifications Section 01210.

B. Provide the following information on the form:

1. By Specification Section number and title. Breakdown the Section further, if necessary to provide quantified measurement of items

2. Sub-Contractor and Contractor costs. 3. Individual line items for Submittals, Bonds and Insurance, Closeout Documents

and Punch List. 4. Totals for line items and columns. 5. Submit individual Schedules of Value for each site.

1.4 PROCEDURES

A. Conform with the requirements of Section 01290, Application for Payment and Section 01300, Submittals.

B. Within 10 calendar days after Award of Contract, Contractor shall submit its Schedule of

Values for review and approval by Project Manager.

C. The Project Manager will review, and if necessary, return the submitted Schedule of Values forms with summary comments noting the items that are not in compliance with the requirements of this Section. Return revised forms within five (5) calendar days of receipt of summary comments.

D. If revisions requested are contested by Contractor, additional information may be

requested by the Project Manager. Contractor shall be responsible for all information requested and provide this information within 5 calendar days.

E. Signature by the Project Manager shall constitute approval of the Schedule of Values.

F. Copies of the approved Schedule of Values will be sent back to Contractor and District by

the Project Manager.

G. Secure the Project Manager’s approval of the Schedule of Values prior to submittal of Monthly Payment Requests.

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H. The Contract Payment Request forms shall mirror Schedule of Values as approved. Use

the form provided in the Project Manual.

I. Payment requests for change orders are to be included on the Payment Requests. Only fully executed change orders shall be included in the Payment Requests.

END OF SECTION

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SECTION 01120 ALTERATION PROJECT PROCEDURES

PART 1 - GENERAL 1.1 SECTION INCLUDES

A. General requirements for special project procedures pertaining to the alteration or modification of existing construction, and is complementary to like requirements indicated or specified elsewhere. Principals items included are: 1. Selective demolition, cutting, alterations, and repairs to existing facilities as

required to complete work. 2. Relocation and reinstallation of existing construction and finish. 3. Salvage, storage and protection of existing items to be reinstalled. 4. Salvage and delivery to the District of items so designated for removal and

salvaged by Contractor, as directed. 1.2 RELATED SECTIONS

A. Individual Sections from Divisions 2-16 requiring alteration work. 1.3 SUBMITTALS

A. Submit in accordance with Section 01300: Submittals.

B. Submit proposed Work schedules itemizing dates and hours that the various items of Work in existing facilities will be started and completed. The District reserves the right to modify the proposed schedules, to eliminate conflicts and to insure the use of facilities during the Work. 1. Follow schedule exactly as finally approved by the District. No extra payment will

be made to Contractor for portions of the Work required to be performed during night, Saturday, Sunday, or holiday hours. Revise and resubmit schedules when timing or sequence changes occur or are ordered by the District.

1.4 PROPERTY INVENTORY

C. District property that the District intends to remove, will be removed at no cost to Contractor, before a room or space is vacated for the Work. Before performing any Work in each room or space the District and Contractor shall prepare a detailed initial written inventory of District property remaining therein and condition thereof including equipment and telephone instruments, and each shall retain a copy of the inventory dated and signed by both. In same manner, prior to the District re-occupancy of each such room or space the parties shall again inventory District property therein and all discrepancies between the inventories shall be Contractor's responsibility as specified above.

1.5 JOB CONDITIONS

A. General: Coordinate the Work of all trades and with the District to assure correct sequence, limits, methods, and times of performance. Arrange the Work to impose minimum hardship on operation and use of the facilities. Install protection for existing facilities, contents, and new work against dust, dirt, weather, damage, and vandalism, and maintain and relocate as the Work progresses.

B. Access: Confine entrance and exit operations to access routes designated by the District.

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C. Existing Portable Items: The District will remove portable equipment, furniture, and supplies from involved existing areas prior to start of Work therein. Cover and protect remaining items. (See Article 1.4.1, above).

D. Existing Conditions: Intent of Drawings is to indicate existing site and facility conditions

with information developed from original construction documents, field surveys, and the District records, and to generally indicate amount and type of demolition and removals required to prepare existing areas for new work.

E. Verification of Conditions: Perform a detailed survey of existing site and building

conditions pertaining to the Work before starting Work. Report to the District Inspector discrepancies or conflicts between Drawings and actual conditions in writing for clarification and instructions and do not perform Work where such discrepancies or conflicts occur prior to receipt of the District Inspector's instructions.

F. Special Noise Restrictions: Use care to prevent generation of unnecessary noise and

keep noise levels to minimum possible. When ordered by the District Inspector, immediately discontinue such methods that produce noise disruptive or harmful to facility functions and occupants, and employ unobjectionable methods. Equip air compressors, tractors, cranes, hoists, vehicles, and other internal combustion engine equipment with "residential" grade mufflers, and muffle the unloading cycle of compressors. Remove from site any equipment producing objectionable noise as determined by the District Inspector.

G. Overloading: Do not overload any part of structures beyond safe carrying capacity by

placing of materials, equipment, tools, machinery, or any other item thereon.

H. Building Security: Secure building entrances and exits with locking or other approved method in accordance with the District's instructions.

I. Safeguarding the District Property: Contractor assumes custody, and responsibility for

safeguarding District's property both fixed and portable, remaining in rooms vacated for use during Work. District property shall remain contractor's responsibility until work is complete and rooms are reoccupied by District. 1. Covering and Cleaning: Cover and protect surfaces of rooms and spaces turned

over for the Work, including the District's property remaining therein, as required to prevent soiling or damage by dust, dirt, water, fumes, or otherwise, and protect other areas where Work is performed in same manner, as deemed adequate by the District. Prior to District's re-occupancy of any such room or space, clean all surfaces including District's property in accordance with General Conditions and other cleaning instructions as may be specified in other Sections.

J. Use of District's Telephones: Do not use nor allow anyone other than District employees

to use telephone in rooms and spaces turned over to Contractor for the Work except in the case of a bona fide emergency. Install temporary dial locks on telephone instruments to prevent all unauthorized use, or arrange and pay for temporary removal and reinstallation of instruments. Reimburse to the District all telephone toll charges originating from the telephones in such rooms and spaces except those arising from emergencies or use by District employees.

K. Protection of Floors: Use care to protect all floor surfaces and coverings from damage.

Equip mobile equipment with pneumatic tires.

L. Remove, store, protect, and reinstall existing materials and equipment as specified in the Contract Documents.


PART 2 – PRODUCTS 2.1 PRODUCTS FOR PATCHING AND EXTENDING WORK

A. Unless otherwise noted, provide products matching existing finish, color dimension, and assembly.

B. All products shall be new, unless specifically noted otherwise. C. Provide asbestos-free materials. D. Maintain all fire resistance ratings of existing assemblies and materials. E. Maintain water and weather-tight characteristics of assemblies and materials. F. Comply with requirements as specified in applicable specification sections for materials

used in repairing and extending existing work. 2.2 OWNER SALVAGED ITEMS

A. Products, fixtures, and equipment designated as salvage for District’s use are shown on drawings. Where designated, comply with the following requirements.

B. District’s Responsibilities:

1. Identify and tag in place all items designated as District salvage items. 2. Arrange and designate location for delivery of salvaged items. 3. On delivery, inspect items jointly with Contractor, and identify any damage

resulting from Contractor’s negligent handling or transportation. 4. Arrange for all storage, security, and maintenance of salvaged items after

delivery.

C. Contractor’s Responsibilities: 1. Review all items designated as salvage. Prepare summary report of condition of

each item, establishing general surface condition and quality, functional status, inventoried spare parts and supplies, and related description. Obtain District’s approval of summary report.

2. Remove designated items as specified below. 3. Properly prepare salvaged items for transport and storage. 4. Provide all required equipment to load, transport, and off-load at location

designated by District. Coordinate time and delivery schedule. 2.3 DRYWALL/PLASTER REPAIR MATERIALS

A. In areas where work requires minor access to or penetration of existing surfaces, provide all materials, including lath and accessories, for repairing and filling voids in existing drywall and plaster interior surfaces. 1. Material shall contain no asbestos. 2. Provide assembly thickness, construction and finish equal to existing finish. 3. Comply with Sections 09220 and 09260 of this Project Manual. 4. Provide gypsum veneer plaster and gypsum board systems in accordance with

applicable portions of Section 09260 of this Project Manual. 2.4 PLASTER REPAIR MATERIALS

A. Manufacturer: La Habra Stucco, phone (714) 774-1186, or approved equal.


B. Type: Proprietary portland cement based plaster repair mix. C. Series: MaxiCoat Veneer Plaster. D. Approvals: ICBO Evaluation Service Report Number 3485. E. Accessory Products:

1. Bond Coat: La Habra Acrylic Bonder or equal 2. Base coat plaster fill: Where crack or void exceeds capability of veneer material,

provide portland cement basecoat plaster complying with Chapter 25A, Part 2, Title 24, CCR.

2.5 ROOF MATERIALS

A. In areas where work requires modification or penetration of existing roof surface, provide all materials, including new panels, underlayment, flashing, sealant, and accessories, for repairing roof system and providing a watertight condition.

2.6 ROOF PENETRATIONS

A. In areas where work requires penetration of existing metal roof surface, provide all materials, including flashing, sealant, and accessories, for repairing roof system and providing a watertight condition. 1. Provide SBC Industries, phone (800) 228-2580 stainless steel flashing collar for

pipe and conduit penetrations. 2. Provide PortalsPlus Alumi-Flash flashing assembly for plumbing vent piping. 3. Provide flashing collar with rain hood counter flashing and clamp ring at flue vent

assembly. 2.7 WALL FRAMING MATERIALS

A. Provide wall framing materials complying with applicable codes and as required to accommodate framing conditions encountered in field.

2.8 CONCRETE SLAB REPAIR MATERIALS

A. Provide portland cement concrete, Type II complying with ASTM C 150, minimum 3000 psi compressive strength, transit mixed per ASTM C94. 1. Provide deformed bar reinforcing conforming to ASTM A 615. 2. Provide concrete slabs with assembly thickness, construction and finish equal to

existing paving, including base materials. 2.9 OTHER MATERIALS

A. Provide all other materials, not specifically described but required for complete and proper installation of this work, as selected by the Contractor and subject to approval of the Architect.

PART 3 – EXECUTION 3.1 PREPARATION

A. Erect and maintain temporary partitions to prevent spread of dust, fumes, noise, and smoke under the provisions of Section 01500 and to provide for District occupancy as specified in Section 01010.


B. Protect existing items which are not indicated to be altered. Protect existing surfaces of adjacent buildings with barriers, protective panels, tarps and other devices as necessary to avoid damage.

C. Where District has given approval to take fire detection system off-line, deactivate system

prior to beginning work. Return system to active status at completion of work or at completion of each work period. 1. Coordinate with District and integrate into all schedules. 2. Maintain continuous fire watch in accordance with regulatory agency direction

during fire detection system deactivation.

D. Repair all underground utilities and services damaged during construction, including utilities and services documented by Contractor at no additional cost to District.

3.2 REMOVAL, ALTERATIONS AND REPAIRS

A. Basic Requirement: Restore and refinish new and existing construction and improvements that are cut into, damaged, relocated, reinstalled, or left unfinished by removals to original condition or to match adjoining Work and finishes unless otherwise indicated, specified, directed, or required. Workmanship and materials shall conform to applicable provisions of other Sections. Provide new fasteners, connectors, adhesives, and other accessory materials as required to fully complete approved reinstallation and restorations. Where restorations and refinishing are defective or are otherwise not acceptable to the District, remove all the defective or rejected materials and provide new acceptable materials and finish at no extra cost to the District.

B. Extent: Perform removals to extent required plus such additional removals as are

necessary for completion even though not indicated or specified. More or less of the existing construction may be removed if such variation will expedite the Work and reduce the cost to the District, subject to prior approval in each case by the District Inspector.

3.3 PREPARATION OF EXISTING WORK

A. Holes: Drill holes through existing concrete or masonry for new conduit and/or piping, and do not jack-hammer.

B. Sandblasting: Work includes sandblasting of existing surfaces to receive materials

secured by cementitious, adhesive, or chemical bond (such as concrete, toppings, elastomeric coatings, plaster, mortar, etc.), and the sandblasting of other surfaces as shown, specified, directed, or required for proper preparation of surfaces. Completely remove existing finishes, stains, oil, grease, bitumen, penetrated mastics and adhesives including primers, and substances deleterious to bond or connection of new materials, and expose clean sound surfaces. Employ wet sandblasting for interior surfaces, and for exterior surfaces where directed or necessary to prevent creation of a dust nuisance or required by Code.

3.4 UTILITY AND BUILDING SERVICES REMOVAL AND RE-INSTALLATION

A. Where encountered, remove conduit and conductors, piping, drains, and other associated system components within the limits of the work and not covered by other requirements of the Contract Documents. Include all utilities and services documented by Contractor.


B. Utility and Service Termination 1. Locate and identify existing utility, and service components affected by work of

this Contract. Review existing record drawings, conduct site investigations, and implement all other means necessary to define the location of underground systems.

2. Prior to beginning any demolition, properly disconnect all water, gas and electrical power supply at appropriate disconnect locations. Obtain all necessary releases and approvals from the College Facilities Planning and Management Department.

3. Work under this Contract requires renovation or removal and replacement of existing floors and walls. Prior to beginning work, provide District with plan to maintain existing utility systems in operation without disruption during such work. Provide temporary support, relocation, or shunt/parallel service for all existing utility systems required to remain in operation.

4. Prior to demolition or disconnect, obtain District’s approval that such system does not impact facilities or systems beyond the extent of this Contract.

5. Mark locations of disconnected systems. Identify and indicate stub-out locations on Project Record Documents.

C. Coordinate the time and duration of all system disconnects with District.

D. Erect and maintain temporary partitions to prevent spread of dust, fumes, noise, and smoke under the provisions of Section 01500.

E. Remove all conductors from conduit at all abandoned electrical circuits. F. Seal off ends of all piping, drains and other components as directed by Architect and

serving utility. G. Where necessary to maintain service to existing utility and building systems, relocate or

redirect all conduit and conductors, piping, drains, and associated system components. 1. Re-circuit all electrical as required.

3.5 DEMOLITION

A. Demolish components in an orderly and careful manner. 1. Limit heavy equipment used to perform demolition and to transport debris as

specified elsewhere in the Contract Documents. 2. Use enclosures to minimize airborne dust and debris.

B. Coordinate with District the time of day and route to remove demolished materials from premises.

C. Remove items designated as salvage in manner to prevent damage. Store and protect

under provisions of Article 2.2 of this Section and as follows: 1. Verify all items are “safed off” prior to removal. 2. Remove all components subject to breakage, such as glass, bulbs, retainers and

similar parts and accessories. Properly label and prepare for transport. 3. Prepare all items for safe transport. Where appropriate, drain fixtures of non-

essential fluids. 4. Salvage and store with item all fasteners, anchors, closure panels, and related

components. Prepare diagrams and label such components as necessary for future reassembly or installation.

D. Unless designated as salvage on drawings, all remaining portions of structure or items to

be demolished or removed are designated as scrap and become the property of the Contractor.


E. Remove demolished materials from site as work progresses. Upon completion of work, leave areas of work in clean condition.

F. Fixture and Equipment Removal

1. All existing building system equipment shall be removed as identified and shown on drawings and required by Architect.

2. Prior to beginning any system removal, properly disconnect all water, gas and electrical power supply at appropriate disconnect locations. Obtain all necessary releases and approvals from serving utility companies.

3. Where designated as demolished, remove all accessible conduit and conductors, piping, drains, and other associated building system components located above grade. Remove all conductors from conduit at all abandoned circuits, including those in concealed spaces above grade.

G. Removals: Carefully remove Work to be salvaged or reinstalled and store under cover.

1. Sheet Metal: Remove back to joint, lap, or connection. Secure loose or unfastened ends or edges and make watertight.

2. Glass: Remove broken or damaged glass and clean rebates and stops of setting materials.

3. Tile: Cut back to sound tile and backing on joint lines if portions are to remain. 4. Flooring: Completely remove flooring and clean backing of old cement or

adhesive. Carefully remove wood flooring for patching and repairing of existing wood flooring to remain.

5. Miscellaneous Items: Grind items not mentioned but required to be removed in such manner as minimizes damage to Work to remain.

H. Termination of isolated pipe or conduit penetrations:

1. Terminate all penetrations below slab surface. Remove concrete slab as close as possible to penetration by saw-cutting. Saw cut all reinforcing bars – Do not torch.

2. Concrete: Keep the cut edges damp for 24 hours and scrub with a neat portland cement mortar just before new concrete is placed; epoxy adhesive may be used in lieu of cement mortar. Finish new concrete to match existing. Provide 3,000 psi concrete for all repairs. At cut concrete edges, apply adhesive and restore with minimum ¾” thick cement mortar finished to match adjoining surfaces.

3. Seal or cap all penetrations in Architect-approved manner. 4. Provide non-shrink portland cement grout fill complying with Section 03310 to

slab level, troweled smooth.

I. Slab demolition and replacement 1. Comply with Article 3.5.H for repair of slab at isolated penetrations. 2. Carefully sawcut and remove existing slab (including bonded finishes where

applicable) at locations as shown on drawings or required to implement work under this Contract. At areas where existing curb or wall line prevents saw use, carefully jack-hammer concrete slab as required to provide new concrete. Coordinate with work shown on plumbing and electrical drawings. Protect existing adjacent finish flooring.

3. Remove approximately 3 inches of existing grade or base below bottom of slab elevation, extending each side of sawcut approximately 2 inches.

4. Roughen cut face of slab, and chip bottom edge back at approximately 45 degrees.

5. Apply bonding agent specified in Section 03310 to face of existing concrete. 6. Place polymer modified concrete fill as specified in Section 03310. Trowel slab

surface as specified for subsequent floor finish materials. 7. Where slab replacement exceeds 12 feet in any direction, provide tooled control

joint at approximately 6 feet on center at right angles to saw-cut. ____________________________________________________________________________________________ BUILDING 23 RENOVATION FOR IT & PUBLIC SAFETY ALTERATION PROJECT PROCEDURES - 01120 MT. SAN ANTONIO COLLEGE PAGE 7 OF 10 BID NO. 3009 02/06/2015

J. Wall and ceiling framing demolition: 1. Remove existing framed walls and ceiling structural members as designated in

Contract Documents. Remove by cutting down, and not by tumbling, throwing, or dropping. Remove concrete curbs as specified elsewhere in this Section.

2. Remove all fasteners, anchor clips, saddles, and hangers originally required for demolished framing.

3. Remove all hanger wires at point of attachment to structure.

K. Floor Finish demolition 1. Demolish in an orderly and careful manner. Protect existing adjacent surfaces

and finishes. 2. Remove all adhesive, residue, fasteners, tack strips, and related floor finish

components. 3. Remove adjacent wall base where designated on drawings. Do not delaminate

wall facing or finish.

L. Wall and Ceiling Finish Demolition: 1. Remove finishes to supporting substrate/structure, including all accessory trim,

clips, battens, and closures. Remove all fasteners, screws, and attachment hardware.

2. Gypsum Wallboard: Cut back on straight lines to undamaged surfaces, with at least two opposite cut edges centered on supports.

3. Plaster: Cut back to sound plaster on straight lines, and back-bevel edges of remaining plaster. Trim existing lath and prepare for new lath.

4. Acoustical Ceilings: Remove hanger wires where ceilings are not reinstalled. 5. Woodwork: Cut or remove to a joint or panel line. Undamaged removed material

may be reused. 6. Prepare substrate as required to provide suitable surface for designated finish. 7. Provide backing or reinforcing as required to properly support cut edges or

surface materials.

3.6. PATCHING, REPAIRING AND FINISHING – GENERAL

A. Metal Items: Grind cut edges to remain exposed smooth and rounded. B. Woodwork: Trim back to joint lines or splices, re-trim cut surfaces, and patch new

matching or undamaged removed materials. C. Sheet Metal: Restore removed or damaged sheet metal items as required or directed. D. Glass: Install new matching glass and caulk all existing exterior windows. E. Gypsum Wallboard: Refasten cut edges of existing wallboard. Apply patches with at

least two opposite edges centered on supports and secure at 6" centers. Tape and finish joints and fastener heads. Make patching non-apparent when painted.

F. Acoustical Ceilings: Conform to requirements specified herein as necessary to match the

existing conditions. G. Resilient Flooring: Completely remove damaged flooring and clean off all old cement as

specified. Installation of new flooring under separate contract. H. Painted Surfaces: Prepare patched areas and refinish as specified in Section 09900:

Painting. 3.7. INTERIOR RENOVATION ____________________________________________________________________________________________ BUILDING 23 RENOVATION FOR IT & PUBLIC SAFETY ALTERATION PROJECT PROCEDURES - 01120 MT. SAN ANTONIO COLLEGE PAGE 8 OF 10 BID NO. 3009 02/06/2015

I. Modifications and renovation at existing acoustical tile conditions.

1. Remove existing tile in area of work and store as required to maintain in original condition. Store by room or area to avoid mismatched color and texture when re-installed.

2. Cut existing tile as required to accommodate new penetrations. Cut accurately with sharp tools. Replace all tile with raveled or broken edges resulting from cutting or trimming. Touch up all cut edges to match surface color.

3. Reinstall all tile. Clean all soiled tile and replace all damaged tile.

J. Relocation of existing markerboards and related furnishings. 1. Remove all accessories, such as map racks and flag holders. Store for future

reinstallation. 2. Remove marker board from wall without warping or damaging panel. 3. Repair wall surface behind original location. Fill all fastener holes. Where

removal damages wall surface, replace all wall surface gouges, holes and tears as required to provide a suitable substrate for subsequent finish.

4. Where required to reinstall marker boards at new locations, provide new backing or blocking in wall framing. After blocking installation, repair wall surface to provide a smooth substrate for installation of marker board.

5. Reinstall marker board in level and flush condition. Reinstall all accessories.

K. Alteration or relocation of existing casework. 1. Remove all accessories, such as pencil sharpeners. Store for future

reinstallation. 2. Disconnect all unitized casework from adjacent units before removing from all for

relocation. Move only in unit case dimensions as constructed. 3. Where casework and/or counters are shown as cut, remove casework prior to

modifications. Cut with appropriate tools to avoid damage to laminated plastic surface. After cutting, finish cut edge with matching laminated plastic splash or edging.

4. Where casework removal exposes unfinished subfloor, provide flooring matching adjacent finish floor type, color and finish to maximum extent possible.

5. Repair wall surface behind original casework location. Fill all fastener holes. Where removal damages wall surface, replace all wall surface gouges, holes and tears as required to provide a suitable substrate for subsequent finish.

6. Where required to reinstall casework at new locations, provide new backing or blocking in wall framing. After blocking installation, repair wall surface to provide a smooth substrate for installation of markerboard.

3.8. PAINTING

A. Paint repaired surfaces at locations shown on drawings. B. Prepare existing surface as recommended by manufacturer for substrate. Clean of all

dirt, dust, and oily films. C. Paint existing surface with specified coatings. Unless noted otherwise in Contract

Documents, paint entire surface where crack repair occurs. Painting crack repair only is not acceptable.

D. Provide one coat of specified primer, and two coats of specified finish paint.

3.9. DUST CONTROL

A. Provide for dust control under the provisions of Section 01500.


B. Maintain all streets and public ways free of dust and mud as directed by local jurisdictional authority, including use of wash down and street sweeper equipment.

3.10. DISPOSAL

A. Dispose of all demolished material, trash, debris, and other materials not used in the Work in accordance with the regulations of jurisdictional authority. Remove demolished materials and debris from site on a daily basis.

3.11. ADJUSTMENTS

A. Where removal of partitions or walls results in adjacent spaces becoming one, rework floors, walls, and ceilings to a smooth plane without breaks, steps, or bulkheads.

B. Where a change of plane of ¼ inch or more occurs, request instructions from Architect. C. Where permitted by code criteria for rated doors, trim existing doors as necessary to clear

new floor finish. Refinish doors and trim as required after trimming.

3.12. REPAIR OF DAMAGED SURFACES

A. Patch or replace portions of existing surfaces which are currently damaged, lifted, discolored, or showing other imperfections, including those damaged by performance of the Work.

B. Repair substrate prior to patching finish.

3.13. FINISHES

A. Finish surfaces as specified in individual Product Sections or as indicated. B. Finish patches to produce uniform finish and texture over entire area. When finish cannot

be matched, refinish entire surface to nearest intersections in all directions. 3.16 CLEANING

A. Upon completion of Work, leave areas of work in clean condition per Section 01710.

END OF SECTION


SECTION 01200

PROJECT MEETINGS

PART 1 - GENERAL

1.1 REQUIREMENTS INCLUDED

A. The District Project Manager will schedule and administer a pre-construction meeting, regular progress meetings, and specifically called meetings throughout progress for the work and will:

1. Prepare agenda for meetings.

2. Make physical arrangements for meetings.

3. Preside at meetings.

4. Record the minutes; include significant proceedings and decisions.

5. Reproduce and distribute copies of minutes after each meeting to participants in the meeting and to parties affected by decisions made at the meeting.

B. Contractor representatives, subcontractors, and suppliers attending meeting shall be qualified and authorized to act on behalf of entity each one represents.

1.2 PRE-CONSTRUCTION MEETING

A. Timing: Prior to start of construction.

B. Attendance: Architect and consultants as appropriate, District Project Manager, Contractors (including subcontractors, manufacturers, and suppliers) as requested, and Inspector.

C. Purpose: To discuss and familiarize Contractors with construction procedures to be used on the Project.

1.3 PROGRESS MEETINGS

A. Timing: Once per week, at a minimum, day and time to be determined by District Project Manager.

B. Attendance: District Project Manager and Contractor. Architect, consultants, inspector, and subcontractors as required. Contractors shall begin attending the meeting at least one (1) week prior to mobilizing their crews.

C. Purpose: The purpose of these meetings is to provide a formal and regular forum for the District Project Manager, Architect/Engineer, Inspector, and the Contractors to present questions, problems or issues that need to be addressed. It will also provide an opportunity to review the progress on previous issues and action items along with submittal and schedule review.

D. Agenda: Refer to Project Procedures Manual.

____________________________________________________________________________________________ BUILDING 23 RENOVATION FOR IT & PUBLIC SAFETY PROJECT MEETINGS - 01200 MT. SAN ANTONIO COLLEGE PAGE 1 OF 2 BID NO. 3009 02/06/2015

1.4 SPECIAL CALLED MEETINGS

A. The District Project Manager may call a special meeting at any time during the course of the project. Special project meetings shall include representatives of any members of the project team requested in order to discuss problems and/or solutions that are common to the project.

1.5 MEETINGS AGENDAS

A. Pre-construction Meeting Agenda will be distributed at the Pre-Construction Meeting.

B. Weekly Progress Meeting Agenda will be distributed at each weekly meeting.

END OF SECTION

____________________________________________________________________________________________ BUILDING 23 RENOVATION FOR IT & PUBLIC SAFETY PROJECT MEETINGS - 01200 MT. SAN ANTONIO COLLEGE PAGE 2 OF 2 BID NO. 3009 02/06/2015

SECTION 01210

CONSTRUCTION FORMS The following forms are attached herein and shall be used during construction as required by the contract documents:

1. Application and Certificate for Payment

2. Change Order

3. Conditional Waiver and Release – Progress Payment

4. Conditional Waiver and Release – Final Payment

5. Daily Report

6. Escrow Agreement for Security Deposits in Lieu of Retention

7. Field Clarification

8. Final Payment Checklist

9. Guarantee Form

10. Inspection Request Form

11. Notice of Correction

12. Notice of Non-Conformance

13. Preliminary Lien Information

14. Proposed Change Order

15. Request for Information (RFI) Form

16. Schedule of Values Sheet

17. Short Interval Schedule

18. Submittal Cover Sheet

19. Substitution Form

20. Time and Material Work Item Ticket

21. Unconditional Waiver and Release – Progress Payment

22. Unconditional Waiver and Release – Final Payment

____________________________________________________________________________________________ BUILDING 23 RENOVATION FOR IT & PUBLIC SAFETY CONSTRUCTION FORMS - 01210 MT. SAN ANTONIO COLLEGE PAGE 1 OF 1 BID NO. 3009 02/06/2015

Mt. San Antonio College

CHANGE ORDER OWNER: MT. SAN ANTONIO COLLEGE Change Order No.: PROJECT: ____________ Date: CONTRACTOR: PCO No(s).: ADDRESS: . Project No.: DESCRIPTION OF CHANGE: Incorporate the following work into the Contract Documents for the amount and time agreed upon as listed below: Original Contract Amount $ Previously Approved Change Orders (Nos. ) $ Amount of this Change Order $ CURRENT CONTRACT AMOUNT including this Change Order $ Agreed time extension: calendar days to Milestone No(s).: CURRENT CONTRACT COMPLETION DATE including this Change Order: REVIEWED BY:

θ Structural Changes θ Non-Structural Changes Architect: Date: Project Manager: Date: The Contractor agrees that the adjustment of the Contract Amount and Contract Time reflected in this Change Order represents the entire and complete adjustment of the Contract Amount and Contract Time for the changes set forth in this Change Order. The adjustment of the Contract Amount includes without limitation all direct costs of labor, materials, services and equipment to complete such changes as well as any and all indirect costs of impacts, delays, interference or hindrances in performing, providing and completing the changes set forth in this Change Order. The adjustment of the Contract Time includes without limitation all adjustments of time necessary to perform, provide and complete the changes set forth in this Change Order and any and all impacts, delays, interference or hindrances in performing, providing and completing the changes. Except for as expressly set forth in this Change Order, there shall be no other adjustment of the Contract Amount or Contract Time for the changes set forth in this Change Order. ACCEPTED BY: Contractor: Date: Owner: Date: (Mt. San Antonio College)

CONDITIONAL WAIVER AND RELEASE

UPON FINAL PAYMENT CALIFORNIA CIVIL CODE SECTION 8136

Name of Claimant: _____________________________________________ Name of Customer: _____________________________________________ Job Location:__________________________________________________ Owner:_______________________________________________________ This document waives and releases lien, stop payment notice, and payment bond rights the claimant has for labor and service provided, and equipment and material delivered, to the customer on this job. Rights based upon labor or service provided, or equipment or material delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant, are waived and released by this document, unless listed as an Exception below. This document is effective only on the claimant's receipt of payment from the financial institution on which the following check is drawn: Maker of Check: ________________________________________________ Amount of Check: $______________________________________________ Check Payable to:________________________________________________ Exceptions: This document does not affect any of the following: Disputed claims for extras in the amount of: $ _________________ Claimant's Signature:___________________________________ Claimant's Title:_______________________________________ Date of Signature:______________________________________

C&B forms effective date 7-1-2012

NOTICE: THIS DOCUMENT WAIVES THE CLAIMANT'S LIEN, S TOP PAYMENT NOTICE, AND PAYMENT BOND RIGHTS EFFECTIVE O N RECEIPT OF PAYMENT. A PERSON SHOULD NOT RELY ON THI S DOCUMENT UNLESS SATISFIED THAT THE CLAIMANT HAS REC EIVED PAYMENT.

CONDITIONAL WAIVER AND RELEASE

UPON PROGRESS PAYMENT CALIFORNIA CIVIL CODE SECTION 8132

Name of Claimant: _____________________________________________ Name of Customer: _____________________________________________ Job Location:__________________________________________________ Owner:_______________________________________________________ Through Date:__________________________________________________ This document waives and releases lien, stop payment notice and payment bond rights the claimant has for labor and service provided, and equipment and material delivered, to the customer on this job through the Through Date of this document. Rights based upon labor or service provided, or equipment or materials delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant, are waived and released by this document, unless listed as an Exception below. This document is effective only on the claimant’s receipt of payment from the financial institution on which the following check is drawn: Maker of Check: ________________________________________________ Amount of Check: $______________________________________________ Check Payable to:________________________________________________ Exceptions: This document does not affect any of the following: (1) Retentions. (2) Extras for which the claimant has not received payment. (3) The following progress payments for which the claimant has previously given a conditional waiver and release but has not received payment: Date(s) of waiver and release: __________________________________________ Amount(s) of unpaid progress payment(s): $_____________________________ (4) Contract rights, including (A) a right based on rescission, abandonment, or breach of contract, and (B) the right to recover compensation for work not compensated by the payment. Claimant's Signature:___________________________________ Claimant's Title:_______________________________________ Date of Signature:______________________________________

C&B forms effective 7-1-2012

NOTICE: THIS DOCUMENT WAIVES THE CLAIMANT’S LIEN, S TOP PAYMENT NOTICE, AND PAYMENT BOND RIGHTS EFFECTIVE O N RECEIPT OF PAYMENT. A PERSON SHOULD NOT RELY ON TH IS DOCUMENT UNLESS SATISFIED THAT THE CLAIMANT HAS REC EIVED PAYMENT.

MT. SAC DAILY REPORT

DAILY REPORT FORM

PROJECT: Project # LOCATION: DATE CONTRACTOR: SHEET#: of WEATHER:

WORK COMPLETED TODAY:

EMPLOYEE NAME CLASSIFICATION HRS REMARKS 1._______________________________ 2._______________________________ 3._______________________________ 4._______________________________ 5._______________________________ 6._______________________________ 7._______________________________ 8._______________________________ 9._______________________________ 10.______________________________

____________________________________________________________________________________________________________________________________________________________________________________

______________________________________________________________________

______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

EQUIPMENT MAKE AND MODEL WORK COMPLETED

1._______________________________ 2._______________________________ 3._______________________________ 4._______________________________ 5._______________________________

____________________________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________________

CONTRACTOR SIGNATURE: VISITORS:

FOREMAN’S NAME::

W O R K

C O M P L E T E D

L A B O R

E Q U I P M E N T

ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION

This escrow agreement is made and entered into by and between Mt. San Antonio College, whose address is 1100 North Grand Avenue, Walnut, CA 91789, (hereinafter called "district"); and ,

whose address is

,

(hereinafter called "contractor"); and

,

whose address is

,

(hereinafter called "escrow agent"). For the consideration hereinafter set forth, the district, contractor, and escrow agent agree as follows: A. Pursuant to Section 22300 of the Public Contract Code of the State of California, contractor has the

option to deposit securities with escrow agent as a substitute for retention earnings required to be withheld by district pursuant to the construction contract entered into between the district and contractor for ___________________________ in the amount of ________________ dated (hereinafter referred to as the "contract"). When contractor deposits the securities as a substitute for contract earnings, the escrow agent shall notify the district within ten (10) days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the contract between the district and contractor. The securities shall be held in the name of: and shall designate the contractor as the beneficial owner.

B. The district shall make progress payments to the contractor for such funds which otherwise would

be withheld from progress payments pursuant to the contract provisions, provided that the escrow agent holds securities in the form and amount specified above.

C. Alternatively, the district may make payments directly to escrow agent in the amount of retention for

the benefit of the district until such time as the escrow created hereunder is terminated. D. Contractor shall be responsible for paying all fees for the expenses incurred by escrow agent in

administering the escrow account. These expenses and payment terms shall be determined by the contractor and escrow agent.

E. The interest earned on the securities or the money market accounts held in escrow and all interest

earned on that interest shall be for the sole account of contractor and shall be subject to withdrawal by contractor at any time and from time to time without notice to the district.

F. Contractor shall have the right to withdraw all or any part of the principal in the escrow account only

by written notice to escrow agent accompanied by written authorization from district to the escrow agent that district consents to the withdrawal of the amount sought to be withdrawn by contractor.

G. The district shall have a right to draw upon the securities in the event of default by the contractor.

Upon seven (7) days' written notice to the escrow agent from the district of the default, the escrow agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the district.


ESCROW AGREEMENT for SECURITY DEPOSITS in LIEU of RETENTION

Rev. 12/3/04 - Page 1 of 2

H. Upon receipt of written notification from the district certifying that the contract is final and complete, and that the contractor has complied with all requirements and procedures applicable to the contract, escrow agent shall release to contractor all securities and interest on deposit less escrow fees and charges of the escrow account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges.

I. Escrow agent shall rely on the written notifications from the district and the contractor pursuant to

Sections 4 to 6, inclusive, of this agreement; and the district and contractor shall hold escrow agent harmless from escrow agent's release and disbursement of the securities and interest as set forth above.

J. The names of the persons who are authorized to give written notice or to receive written notice on

behalf of the district and on behalf of contractor in connection with the foregoing, and exemplars of their respective signatures, are as follows:

On behalf of Mt. San Antonio College On behalf of Contractor: _______________________________________ ________________________________________ (Title) (Title) _______________________________________ ________________________________________ (Name) (Name) _______________________________________ ________________________________________ (Signature) (Signature) _______________________________________ ________________________________________ (Address) (Address) On behalf of Escrow Agent: _______________________________________ (Title) _______________________________________ (Name) _______________________________________ (Signature) _______________________________________ (Address) At the time the escrow account is opened, the district and contractor shall deliver to the escrow agent a fully executed counterpart of this agreement. IN WITNESS WHEREOF, the parties have executed this agreement by their proper officers on the date first set forth above. MT. SAN ANTONIO COLLEGE: CONTRACTOR: _______________________________________ ________________________________________ (Title) (Title) _______________________________________ ________________________________________ (Name) (Name) By: By: (Signature) (Signature)


ESCROW AGREEMENT for SECURITY DEPOSITS in LIEU of RETENTION

Rev. 12/3/04 - Page 2 of 2


FIELD CLARIFICATION TO: CONTRACTOR: FC No.: FROM: PROJECT MANAGER Date: PROJECT: Project No.: SUBJECT: Reference: Drawings: Specifications: _________________________ The following is issued as a clarification of the Contract Documents without any additional cost and/or time impact to the Contract: List of Attachments: ___________________________________________________________________ ____________________________________________________________________________________ Project Manager: Date: This document provides information or clarification only and does not constitute authorization or direction to proceed with additional work. If, in the opinion of the Contractor, the clarification has impact to the Contract amount and/or time, the Contractor must advise PM in writing within five (5) days of receipt that the clarification constitutes issuance of a change order. The Contractor’s notice shall be accompanied and appropriately supported with justification, reasoning and references where the contract requirements have been exceeded due to the clarification. Otherwise, this Field Clarification will stand as clarifications to the Contract Documents without any additional costs and/or time impact to the District.


FINAL PAYMENT CHECKLIST

School: Project: Project No.: Contract No.:

Contractor: Final Completion Date: Notice of Completion:

Pursuant to Article 8.4.2. of the General Conditions of the Contract: Conditions Precedent to Disbursement of Final Payment. Neither Final Payment nor any remaining Contract Price shall become due until the Contractor submits to the District each and all of the following submittals that are conditions precedent to the District's obligation to disburse the Final Payment:

Y

Documents Listed Below Are Attached to Final Payment Request

Contractor’s Final Payment Request cannot be processed unless accompanied by this checklist and appropriate documents.

ο 1. An affidavit or certification by the Contractor that payrolls, bills for materials and other

indebtedness incurred in connection with the Work for which the District or the District's property may or might be responsible or encumbered have been paid or otherwise satisfied.

ο 2. A certificate evidencing that insurance required by the Contract Documents to remain in force

until the Contractor's receipt of Final Payment, is currently in effect.

ο 3. Duly completed and executed forms of Conditional or Unconditional Waivers and Releases of rights upon Final Payment of the Contractor, Subcontractors of any tier and Material Suppliers in accordance with California Civil Code §3262, with each of the same stating that there are, or will be, no claims for additional compensation after disbursement of the Final Payment.

_____________________________________________________________________________________

Documents Listed Below Have Been Previously Submitted and Approved

Y N/A

ο ο 4. Operations and Maintenance manuals and separate warranties provided by any manufacturer or distributor of any materials or equipment incorporated into the Work.

ο ο 5. The Record Documents, including As-Built Drawings and Specifications.

ο ο 6. The form of Guarantee included in the Contract Documents duly executed by an authorized representative of the Contractor.

ο ο 7. Spare Parts required by the Contract Documents to be delivered to the District upon completion

of the Work.

ο ο 8. Letter of Certification and documentation regarding Contractor’s attempt to conform to DVBE requirements.

The above-listed items are attached to the Request for Final Payment, except Items 4, 5, 6 and 7, which Items have been previously submitted and approved before requesting final payment. __________________________________ _________________________________________ A-E/Consultant Authorized Representative Signature Date __________________________________ _________________________________________ Project Manager Signature Date


GUARANTEE FORM _______________________________________________________________ (Contractor's Name) hereby unconditionally guarantees that the work performed on _____________________________________ (Project Name) has been done in accordance with the requirements of the Contract and therefore further guarantees the work of the contract to be and remain free of defects in workmanship and materials for a period of one (1) year from the date of completion of the contract, unless a longer guarantee period is called for by the Contract Documents, in which case the terms of the longer guarantee shall govern. The Contractor hereby agrees to repair or replace any and all work, together with any other work which may have been damaged or displaced in so doing, that may prove to be not in accordance with the requirements of the Contract or that may be defective in its workmanship or materials within the guarantee period specified, without any expense whatsoever to the District, ordinary wear and tear and unusual abuse and neglect only excepted. The Contractor has provided contract bonds which will remain in full force and effect during the guarantee period. The Contractor further agrees that within ten (10) calendar days after being notified in writing by the District of any work not in accordance with the requirements of the contract or any defects in the work, he will commence and prosecute with due diligence all work necessary to fulfill the terms of this guarantee, and to complete the work within a reasonable period of time. In the event he fails to so comply, he does hereby authorize the District to proceed to have such work done at the Contractor’s expense and he will pay the cost thereof upon demand. The District shall be entitled to all costs, including reasonable attorneys’ fees, necessarily incurred upon the Contractor’s refusal to pay the above costs. Notwithstanding the foregoing paragraph, in the event of an emergency constituting an immediate hazard to the health or safety of the employees of the District, or its property or licensees, the District may undertake at the Contractor’s expense without prior notice, all work necessary to correct such hazardous condition when it was caused by the work of the Contractor not being in accordance with the requirements of this contract, or being defective, and to charge the same to the Contractor as specified in the preceding paragraph. The guarantee set forth herein is not intended by the parties, nor shall it be construed, as in any way limiting or reducing the District’s rights to enforce all terms of the contract referenced hereinabove or the time for enforcement thereof. This guarantee is provided in addition to, and not in lieu of, the District’s rights on such contract. CONTRACTOR’S SIGNATURE PROJECT MANAGER’S SIGNATURE _____________________ Date of Final Completion Representative to be contacted for services: Name: _________________

Address: __________

Phone No.: __________

Email Address: __________________________________________

Rev. 9/19/2012 Page 1 of 1

INSPECTION REQUEST FORM

INSPECTION REQUEST FORM Project: Today’s Date:____________ Date Received:_________ INSPECTION REQUEST NUMBER:_______________________________ Received By:____________ Date Inspection Requested:________________________ Time Requested:_________________________ Location of Inspection:___________________________________________________________________ Description of Inspection to be Performed:___________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ INSPECTION WRITE-UP Work Prepared for Inspection when Scheduled: YES / NO Date Inspection Began:___________________ Time Inspection Began:____________________ Date Inspection Completed:_______________ Time Inspection Completed:_________________ INSPECTION COMMENTS:_____________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ Inspector Signature___________________________ Dated___________________________________ ReInspection Required:________________ ReInspection scheduled date & time____________________ Contractor Agrees to Pay for ReInspection costs_______________________________________________

REQUEST MUST BE SUBMITTED TO PROJECT MANAGER 48 HOURS PRIOR TO INSPECTION


NOTICE OF CORRECTION TO: CONTRACTOR: Date: FROM: Inspector Architect Project No.: PROJECT:

SUBJECT: Reference: Drawings: Specifications: DEFICIENCIES NOTED: The contractor is required to correct the deficiency in compliance with the Contract Documents and to notify Inspector or Architect upon correction. Inspector or Architect’s Signature: Date: RESOLUTION OF CORRECTION:

Inspector Architect: Date: ______________


NOTICE OF NON-CONFORMANCE TO: CONTRACTOR: NONC No.: FROM: PROJECT MANAGER Date: PROJECT: Project No.: SUBJECT: Reference: Drawings: Specifications: DESCRIPTION OF NON-CONFORMING WORK: The above-indicated work is rejected in accordance with the General Conditions. Please correct in compliance with the Contract requirements. Receipt Acknowledged by Contractor: Date: CONTRACTOR COMMENTS/SUGGESTED RESOLUTIONS: RESOLUTION OF NON-CONFORMING WORK: Inspector or Project Manager: Date:

PRELIMINARY LIEN INFORMATION FOR

ALL PRELIMINARY LIEN NOTICES MUST BE: SENT VIA CERTIFIED MAIL TO: Mt. San Antonio College Attn: Pamela Childs 1100 North Grand Avenue Walnut, CA 91789 AND FAXED TO: Mt. San Antonio College Attn: Caryn Cowin 1100 North Grand Avenue Walnut, CA 91789 Fax: (909) 274-2931 Name and address of Owner: Mt. San Antonio College 1100 North Grand Avenue Walnut, CA 91789 Project Description / Name: Building 23 Remodel Job Site Address: 1100 North Grand Avenue Walnut, CA 91789 Name and Address of No Lender – This is a Public Works project Lending Institution: Contractor’s Name and Billing Address:

PRELIMINARY LIEN INFORMATION SHEET


PROPOSED CHANGE ORDER TO: CONTRACTOR: PCO No.: FROM: PROJECT MANAGER Date: PROJECT: Project No.: SUBJECT: Please prepare and submit to the Project Manager within 14 days an itemized proposal of cost and schedule impact for the following proposed change to the Contract: PROPOSED CHANGE: To be completed by Contractor: Proposed Cost: $ Requested Time Extension: _____ Calendar Days Contractor: _____________________________________________ Date: ______________ To be completed Jointly by PM and Contractor: Agreed Cost: $ Agreed Time Extension: _____ Calendar Days Contractor: Date: Project Manager: Date: Signature on this document does not constitute a change to the Contract or authorization to perform proposed work.

RELEASE OF STOP PAYMENT NOTICE (Civil Code § 8128)

TO: ___________________________________________________ (owner, construction lender or public entity)

____________________________________________________ (address)

____________________________________________________

YOU ARE HEREBY NOTIFIED that the undersigned claimant releases that certain Stop Payment

Notice dated ______________, in the amount of $________________ against _______________________

______________________________________________________________________________ as owner or

public body and _______________________________________________ as direct contractor in connection

with the work or improvement known as ____________________________________________ in the City of

_______________, County of _______________, State of California. This Release of Stop Payment Notice is

given pursuant to Civil Code section 8128 and shall be effective only to release the Stop Payment Notice

identified in this document and shall not release any other claim or rights to enforce payment of the Claimant.

Date:______________________ Name of Claimant: _________________________________ Address: _________________________________

Telephone: _________________________________

By: _________________________________ (Signature) ____________________________________________ (Title)

VERIFICATION

I, the undersigned, state: I am the ________________ of the claimant named in the foregoing Release; I have read said Release of Stop Payment Notice and know the contents thereof, and I certify that the same is true of my knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on ____________________, 20___, at _____________________, State of California.

_____________________________ Signature of Claimant or Authorized Agent C&B Forms 03/2012


REQUEST FOR INFORMATION TO: PROJECT MANAGER RFI No.: FROM CONTRACTOR: Date: PROJECT: Project No.: SUBJECT: Reference: Drawings: Specifications: DESCRIPTION OF PROBLEM / CLARIFICATION / INFORMATION REQUIRED: CONTRACTOR’S PROPOSED SOLUTION: By: Name Signature Answer needed by: RESPONSE: Response: Name Signature Firm: Title: _______________________ Date: ____________ Reviewed by: _______________________________________________________ Date: ___________ Project Manager This document provides information or clarification only and does not constitute authorization or direction to proceed with additional work. If, in the opinion of the Contractor, the response has impact to the Contract amount and/or time, the Contractor must advise PM in writing within five (5) days of receipt that the response constitutes issuance of a change order. The Contractor's notice shall be accompanied and appropriately supported with justification, reasoning and references where the contract requirements have been exceeded due to the response to the RFI. Otherwise, the response will stand as clarifications to the Contract Documents only without any additional costs to the District.

STOP PAYMENT NOTICE

LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUNDS (Public or Private Work of Improvement)

(Per California Civil Code Section 8520, 8530 & 9350)

To: __________________________________________________________ Project: _______________________________________ (Name of owner, public entity or construction lender) (Name) ______________________________________________________________ __________________________________________________ (Address, if directed to a bank use address of branch holding fund) (Street Address or Legal Description)

______________________________________________________________ __________________________________________________ (if directed to public entity, to the department or officer whose duty it is to make payments)

Name and address of the Project Owner (or reputed owner): _____________________________________________________

_____________________________________________________

Name and address of the Direct Contractor: _____________________________________________________

_____________________________________________________

Name and address of the Construction Lender (if any): _____________________________________________________

_____________________________________________________

TAKE NOTICE THAT ______________________________________________________________________________________ (Claimant)

(Legal name of the person or firm claiming the stop payment notice)

whose address is _____________________________________________________________________________________________________ (Address of person or firm claiming stop notice)

has performed labor and furnished materials for a work of improvement described above as Project. The relationship of the

Claimant to the other parties is:____________________________________________________.

The work furnished by claimant is: ______________________________________________________________________________________________

(generally describe labor, service, equipment, or material furnished or agreed to be furnished by claimant) The labor and materials were furnished at the request of the following party: ___________________________________________________

_________________________________________________________________________.

Total value of the whole amount of labor and materi als agreed to be furnished is …… $ _______________________ The value of the labor and materials furnished to d ate is : …………………………………… $ _______________________ Claimant has been paid the sum of: …………………………………………………………………………….. $ _______________________ and there is due, owing and unpaid the sum of: ……………………………………………. $ _______________________ You are required to set aside sufficient funds to satisfy this claim as provided by law. You are also notified that claimant claims an equitable lien against any construction funds for this project which are in your hands. Dated________________________________ NAME: ______________________________________________ (Name of stop notice claimant)

By: _________________________________________________ (Owner or agent of stop notice claimant must sign here and verify below)

Authorized Capacity: ______________________________

VERIFICATION I, the undersigned, state: I am the _______________________________________________________________ of the claimant named in the (Title - “President”, “Partner”, "Owner", “Agent”, etc.) foregoing Stop Notice; I have read said Stop Notice and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on ______________________________________, 20_____, at _____________________________________, California. (Date this document was signed) (name of city where stop notice signed)

By: _____________________________________________________________________ (personal signature of the individual who is swearing that the contents of the stop notice are true)

PROOF OF NOTICE DECLARATION (Per California Civil Code Section 8118)

I, ____________________________________________, declare that I served a copy of the Stop Payment Notice on the party at the address and on the date shown below: To Construction Lender/Owner/Public Entity/Or Other Person Holding Construction Funds: (name) _________________________________________________________________

(title or capacity of individual given notice) ____________________________________

(address) _________________________________________________________________________________________

(date)__________________________________________

Stop Payment Notice should be served at the following location:

(a) To an owner other than a public entity, the owner’s address shown on the direct contract, the building permit or a construction trust deed; (b) To a public entity, the office of the public entity or another address specified by the public entity in the contract or elsewhere for service of notices, papers or other documents. A Stop Payment Notice for a public works contract of the state, shall be given to the director of the department that awarded the contract; and to a public entity other than the state, to the office of the controller, auditor or other public disbursing officer whose duty it is to make payment pursuant to the contract (see Civil Code §9354 for more information). (c) To a direct contractor, at the contractor’s address shown on the building permit, on the direct contract, or on the records of the Contractors’ State License Board. In the following manner (check appropriate box): [ ] By personal delivery [ ] By Registered or Certified Mail (postage prepaid) [ ] Express mail [ ] Overnight delivery by ___________________________________, an express service carrier I declare under penalty of perjury, that the foregoing is true and correct. Executed on _______________________, at _____________________, California.

_______________________________________ (Signature of person making service)

C&B Forms (7/12)

REQUEST FOR NOTICE OF ELECTION (Private Works Only)

(Per California Civil Code Section 8536 & 8538)

If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded, please send notice of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed

stamped envelope. This information must be provided by you under Civil Code Sections 8536 & 8538.

Signed: ____________________________________________________________________________________________

(Claimant must enclose self-addressed stamped envelope)


CONTRACTOR’S SUBMITTAL TRANSMITTAL SHEET Contractor: ___________________________________________________

Contractor’s Submittal No. Bid Package: Number Description Date TO: ARCHITECT & PROJECT MANAGER Check One:

Original Submittal

Second Submittal of (Original Submittal No.)

Third Submittal of (Original Submittal No.) Copies Item No. Subject of Submittal Submittal Designation/Specification Section ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ Check One: (This is not a complete/proper form for substitutions.)

This is a variance from the contract requirements.

We have verified that the material or equipment contained in this submittal meets all the requirements of the contract.

Contractor’s Authorized Signature: ________________________________________________________

SUBSTITUTION FORM Substitution Request Form Failure to complete this form with information required including signature, in accordance with Section 00700 – General Conditions Article 4.9.2, will nullify any request for substitution. TO: _________________________________________________________________________ PROJECT: _________________________________________________________________________ We hereby submit for your consideration the following product instead of the specified item for the above project: SECTION PARAGRAPH SPECIFIED ITEM ________ ___________________ ___________________________________ Proposed Substitution:

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________ Reason for Substitution: _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ Attach complete technical data, including laboratory test, if applicable. Include complete information on changes to Drawings and/or Specifications, which proposed substitution will require for its proper installation. Submit with request all necessary samples and substantiating data to prove equal quality and performance to that which is specified. Clearly mark manufacturer's literature to indicate equality in performance.

MT. SAN ANTONIO COLLEGE SUBSTITUTION FORM

Fill in Blanks Below: A. Does this substitution affect dimensions shown on Drawings? Yes ________ No ________ If yes, clearly indicate changes. B. The undersigned acknowledges that they will pay for changes to the building design,

including engineering and detailing costs caused by the requested substitution. C. What affect does substitution have on other trades? D. What affect does substitution have on applicable code requirements? E. Differences between proposed substitution and specified item? F. Manufacturer's guarantees of the proposed and specified items are: __________Same ____________Different (explain on attachment) G. Underwriters Laboratory and/or ICBO Number of proposed substitution:

________________________________.


CERTIFICATION OF EQUAL PERFORMANCE AND ASSUMPTION OF LIABILITY FOR EQUAL PERFORMANCE The undersigned states that the function, appearance and quality are equivalent or superior to the specified item. Submitted By: By: Signature/Title Date: Firm Remarks: Address _________________________________________________________________________ _________________________________________________________________________ _______________________________________ Telephone/Date ************************************************************** For Use by Design Consultant ________Accepted ________ Accepted as Noted ________Not Accepted ________ Received Too Late ________Approved as alternate - See Bid Form


TIME AND MATERIAL WORK ITEM TICKET PROJECT: PCO#: _________________ CONTRACTOR: SHEET #: ___ of ___ Reference Document:_____________________________ Submitted for work on:_______________________ Original Work Date for this Item: ___________________ Is Work Completed today? ____________________ Date of Last Work Activity: ________________________ Date Submitted: ____________________________

WORK COMPLETED TODAY: ____________________________________________________________________________________________

Location:

EMPLOYEE NAME CLASSIFICATION Hours

Noted

REMARKS

1._____________________ 2._____________________ 3._____________________ 4._____________________ 5._____________________ 6._____________________

____________________________________________________________________________________________________________

____________________________________

____________________________________

________________________________________________________________________________________________

________________________________________________

ITEM DESCRIPTION Hours

Noted

REMARKS

1.___________________________________________ 2.___________________________________________ 3.___________________________________________ 4.___________________________________________ 5.___________________________________________

______________________________

______________________________

________________________________________________________________________________

________________________________________

EQUIPMENT MAKE AND MODEL Hours

Noted

REMARKS

Rented/Owned

1.___________________________________________________ 2.___________________________________________________ 3.___________________________________________________ 4.___________________________________________________ 5.___________________________________________________

______________________________

___________________________________________________________________________

________________________________________

CONTRACTOR CERTIFICATION: Signature by contractor to certify that all information on this sheet is true and accurate. Contractor also certifies that only the listed labor, material, and equipment listed were used for this item and that no other items are part of this work.

Project Inspector/Project Manager verifies hours worked as identified on this sheet only, not acceptance of any cost or schedule impact on behalf of the Owner.

_____________________________

___________________________

L A B O R

M A T E R I A L

E Q U I P M E N T

Time and Material Work Item Ticket

UNCONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT

CALIFORNIA CIVIL CODE SECTION 8134

NOTICE TO CLAIMANT: THIS DOCUMENT WAIVES AND RELEASES LIEN, STOP PAYMENT NOTICE, AND PAYMENT BOND RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL WAIVER AND RELEASE FORM.

Name of Claimant: _____________________________________________ Name of Customer: _____________________________________________ Job Location:__________________________________________________ Owner:_______________________________________________________ Through Date:__________________________________________________

This document waives and releases lien, stop payment notice, and payment bond rights the claimant

has for labor and service provided, and equipment and material delivered, to the customer on this job through the Through Date of this document. Rights based upon labor or service provided, or equipment or material delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant, are waived and released by this document, unless listed as an Exception below. The claimant has received the following progress payment: $_____________. Exceptions:

This document does not affect any of the following: (1) Retentions. (2) Extras for which the claimant has not received payment. (3) Contract rights, including (A) a right based on rescission, abandonment, or breach of contract and (B) the right to recover compensation for work not compensated by the payment.

Claimant's Signature:___________________________________ Claimant's Title:_______________________________________ Date of Signature:______________________________________


UNCONDITIONAL WAIVER AND RELEASE

UPON FINAL PAYMENT CALIFORNIA CIVIL CODE SECTION 8138

Name of Claimant: _____________________________________________ Name of Customer: _____________________________________________ Job Location:__________________________________________________ Owner:_______________________________________________________ This document waives and releases lien, stop payment notice, and payment bond rights the claimant has for all labor and service provided, and equipment and material delivered, to the customer on this job. Rights based upon labor or service provided, or equipment or material delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant, are waived and released by this document, unless listed as an Exception below. The claimant has been paid in full. Exceptions: This document does not affect the following: Disputed claims for extras in the amount of: $ ___________________ Claimant's Signature:___________________________________ Claimant's Title:_______________________________________ Date of Signature:______________________________________


NOTICE TO CLAIMANT: THIS DOCUMENT WAIVES AND RELEASES LIEN, STOP PAYMENT NOTICE, AND PAYMENT BOND RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL WAIVER AND RELEASE FORM.

SECTION 01030

ALTERNATES PART 1 - GENERAL 1.01 SUMMARY

A. Section includes: Administrative and procedural requirements for alternates. See SCHEDULE below.

B. Definition: An alternate is an amount proposed by Bidders for certain construction activities that

may be added to or deducted from Base Bid amount if the District decides to accept a corresponding change in either the amount of construction to be completed, or in the products, materials, equipment, systems or installation methods described in Contract Documents.

C. Perform work required for complete execution of each accepted alternate designated in the

District-Contractor agreement. Amount of alternate prices shall include cost of modifications made necessary, including overhead and profit.

D. Notification: Immediately following the award of the Contact, prepare and distribute to each party

involved, notification of the status of each alternate. Indicate whether alternates have been accepted, rejected, or deferred for consideration at a later date. Include a complete description of negotiated modifications to alternates.

E. Schedule: Specifications Sections referenced in the list of alternates contain requirements for

materials and methods necessary to achieve the Work described under each alternate. 1. Include as part of each alternate, miscellaneous devices, accessory objects, and similar

items incidental to or required for a complete installation, whether or not mentioned as part of the alternate.

1.02 COORDINATION

A. Coordinate pertinent related work and modify surrounding work as required to complete the project under each accepted alternate designated in the Contractor agreement.

1.03 ALTERNATES

A. All ALTERNATES shall be bid, or the bidder may be deemed non-responsive.

B. At the appropriate place on the Bid Form, state the dollar amount to be added to, or deleted from, the Base Bid if the Scope of Work is revise in accordance with the alternates described in the SCHEDULE below.

1.04 SCHEDULE

A. Add Alternate No. 1: Solatube Daylighting, as indicated within the corresponding plans and specifications.

END OF SECTION

____________________________________________________________________________________________ BUILDING 23 RENOVATION FOR IT & PUBLIC SAFETY ALTERNATES - 01230 MT. SAN ANTONIO COLLEGE PAGE 1 OF 1 BID NO. 3009 02/06/2015

SECTION 01 26 63 CHANGE ORDER PROCEDURES

PART 1 - GENERAL 1.1 DESCRIPTION

A. This Section specifies administrative and procedural requirements for handling and processing Change Orders and other modifications to the Contract.

1.2 CHANGE EVENT CHANGE PROPOSAL REQUEST

A. District and/or Architect Initiated Change Event/Change Proposal Requests: Proposed changes in the Work that will require adjustment to the Contract Sum or Contract Time will be issued by the District’s Representative, with a detailed description of the proposed change and supplemental or revised Drawings and Specifications, if necessary, under a Change Event. 1. Unless otherwise indicated in the Change Event (CE), within 7-days of receipt of the

(CE), submit to the District’s Representative for the District’s review an estimate of cost necessary to execute the proposed change. To avoid added estimated costs, work related to a Change Event shall not be allowed until the approval and issuance of the Change Event. a. Include a list of quantities of products to be purchased and unit costs, along

with the total amount of purchases to be made. Where requested, furnish survey data to substantiate quantities. Furnish a complete labor breakdown, labor rates, man hours by trade and level, etc.

b. Indicate applicable taxes, delivery charges, equipment rental, and amounts of trade discounts.

c. Submit a proposed schedule and narrative statement indicating the effect the proposed change in the Work will have on the Contract Time.

B. Contractor Initiated Change Event Proposal Requests: When latent or other unforeseen

conditions require modifications to the Contract, the Contractor may propose changes by submitting a request for a Change Event change to the District’s Representative; whereupon the RPR will designate a Potential Change Order (PCO) to it for tracking purposes. 1. Include a narrative statement outlining reasons for the change, including

comprehensive reference to the section(s) of the Contract Documents, which justify Contractor’s entitlement to the change, and describe the effect of the change on the Work. Provide a complete description of the proposed change. Indicate the effect of the proposed change on the Contract Price and a proposed schedule indicating the effect on the Contract Time.

2. Include a list of quantities of products to be purchased, unit costs, and the total amount of purchases to be made. Furnish any required survey data to substantiate quantities.

3. Indicate applicable taxes, delivery charges, equipment rental, administrative costs, profit and overhead costs, and amounts of trade discounts as described in the General and Supplemental Conditions.

4. Comply with requirements in Section 01630 Product Substitutions Procedures, if the proposed change in the Work requires the substitution of one product or system for a product or system specified.

5. If the proposed change as well as costs and schedule impacts are approved, the District’s Representative shall issue a Field Change Event to the Contractor indicating such approval and authorizing the contractor to proceed with the proposed change.

BUILDING 23 RENOVATION FOR IT & PUBLIC SAFETY CHANGE ORDER PROCEDURES - 01250 MT. SAN ANTONIO COLLEGE PAGE 1 OF 2 BID NO. 3009 02/06/2015

1.3 ALLOWANCES

A. Allowance Adjustment: Base each Change Event Change Proposal Request for an allowance cost adjustment solely on the difference between the actual purchase amount and the allowance, multiplied by the final measurement of Work in place, with reasonable allowances where applicable, for cutting losses, tolerances, mixing wastes, normal product imperfections, and similar margins. 1. Include installation costs in the purchase amount only where indicated as part of the

allowance. 2. When requested, prepare explanations and documentation to substantiate the

margins claimed. 3. Submit substantiation of a change in scope of Work claimed in the Change Order

request related to unit cost allowances. 4. The District reserves the right to establish the actual quantity of Work in place by

independent quantity survey, measure, or count.

B. Submit claims for increased costs because of a change in scope of nature of the allowance described in the Contract Documents, whether for the purchase order amount or Contractor’s handling, labor, installation, overhead, and profit, within 7 days of receipt of the Change Event Change authorizing Work to proceed. Claims submitted later than 7 days will be rejected.

C. The Change Order cost amount shall not include the Contractor’s or Subcontractor’s indirect

expense except when it is clearly demonstrated that either the nature or scope of Work required was changed from that which could have foreseen from the description of the allowance and other information in Contract Documents.

D. No change to the Contractor’s indirect expense is permitted for selection of higher or lower

priced materials or systems of the same scope and nature as originally indicated. 1.4 CHANGE ORDER PROCEDURES

A. Upon the District’s approval of a Change Event Change Proposal Request, the District’s Representative will issue a Change Order for signatures of the District, Engineer, and Contractor as provided in the Conditions of the Contract.

PART 2 - PRODUCTS NOT USED PART 3 - EXECUTION NOT USED END OF SECTION

BUILDING 23 RENOVATION FOR IT & PUBLIC SAFETY CHANGE ORDER PROCEDURES - 01250 MT. SAN ANTONIO COLLEGE PAGE 2 OF 2 BID NO. 3009 02/06/2015

SECTION 01 29 00 APPLICATION FOR PAYMENT


A. This Section specifies administrative and procedural requirements governing the Contractor’s Applications for Payment, including preparation and submittal of a Schedule of Values.

1.2 SCHEDULE OF VALUES

A. Coordinate preparation of the Schedule of Values with preparation of the Contractor’s Detailed Trade Schedule.

B. Correlate line items in the Schedule of Values with other required administrative schedules

and forms, including: 1. Construction Schedule. 2. Application for Payment form. 3. List of subcontractors. 4. Schedule of allowances. 5. Schedule of alternates. 6. List of products. 7. List of principal suppliers and fabricators. 8. Schedule of Submittals.

C. Submit a Preliminary Schedule of Values for review by the District Project Manager within

seven (7) days after issue of the Notice to Proceed. Meet with the District Project Manager to review and make any requested revisions to the Preliminary schedule of values.

D. Submit a final Schedule of Values, approved by the District Project Manager, within fourteen

(14) days after issue of the Notice to Proceed, but in no case later than seven (7) days before the date scheduled for submittal of the initial Application for Payment.

E. Subschedules: Where the Work is separated into phases that require separately phased

payments, provide subschedules showing values correlated with each phase of payment.

F. Format and Content: The Schedule of Values shall be submitted to the District Project Manager on standard AIA Document G703. Sample “Continuation Sheet” is included as part of the Contract Documents under Appendix A. 1. Identification: Include the following Project identification on the Schedule of Values:

a. Project name and location. b. Name of the District Project Manager and Architect/Engineer. c. Bid, Contract, and Project numbers. d. Contractor’s name and address. e. Date of submittal. f. Billing Period.

2. Arrange the Schedule of Values in a tabular form with separate columns to indicate the following for each item listed: a. Generic name. b. Related Specification Section. c. Name of subcontractor. d. Name of manufacturer or fabricator. e. Name of supplier.

BUILDING 23 RENOVATION FOR IT & PUBLIC SAFETY APPLICATION FOR PAYMENT -01290 MT. SAN ANTONIO COLLEGE PAGE 1 OF 5 BID NO. 3009 02/06/2015

f. Change Orders (numbers) that have affected value. g. Dollar Value. h. Percentage of Contract Sum to the nearest one hundredth percent, adjusted

to total 100 percent. 3. Provide a breakdown of the Contract Sum in sufficient detail to facilitate continued

evaluation of Applications for Payment and progress reports. Break principal sub-contract amounts down into several line items; in particular, but not limited to incorporated materials, labor, and indirect cost.

4. Round amounts off to the nearest whole dollar; the total shall equal the Contract Sum.

5. For each part of the Work where an Application for Payment may include materials or equipment, purchased or fabricated and stored, but not yet installed, provide separate line items on the Schedule of Values for initial cost of the materials, for each subsequent stage of completion, and for total installed value of that part of the Work.

G. Unit Cost Allowances: Show line item value of unit cost allowances as a product of unit cost

times measured quantity as estimated from the best indication in the Contract Documents.

H. Margins of Cost: Show line items for indirect costs, and margins on actual costs, only to the extent that such items will be listed individually in Applications for Payment. Each item in the Schedule of Values and Applications for Payment shall be complete including its total cost and proportionate share of general overhead and profit margin. 1. Temporary facilities and other major cost items that are not direct cost of actual

Work in place will be shown as separate line items in the Schedule of Values only at the sole discretion of the District Project Manager.

I. Schedule Updating: Update and resubmit the Schedule of Values when Change Orders or

Work Directive Changes result in a District approved change in the Contract Price. Work Directive Changes shall not be included in Applications for Payment until the respective modification in Contract Sum has been included in an executed Change Order.

1.3 APPLICATIONS FOR PAYMENT

A. Each Application for Payment shall be consistent with previous applications and payments as certified by the District Project Manager and paid for by the District. 1. The initial Application for Payment, the Application for Payment at time of Substantial

Completion, and the final Application for Payment involve additional requirements.

B. Payment Application Times: The monthly cut-off date for each Contract will be defined by the District Project Manager and must be followed by the Contractor throughout the course of construction. The period of construction Work covered by each Application for Payment is the Work completed as of the date of application.

C. Payment Application Forms: Payment Applications shall be submitted to the District Project

Manager only on the “Application and Certificate for Payment” form included in Section 013200 – Project Forms.

D. Application Preparation: Complete every entry on the form, and execute by person authorized

to sign legal documents on behalf of the Contractor. Incomplete applications will be returned without action. 1. Entries shall match data on the Schedule of Values. 2. Include amounts of Change Orders (but not Work Directive Changes) issued prior to

the last day of the construction period covered by the application.


E. Transmittal: Submit three (3) executed and notarized copies of each Application for Payment to the District Project Manager by means ensuring receipt within 24-hours; one copy shall be complete, including waivers of lien and similar attachments, as specified in the Contract Documents or required by the District Project Manager. 1. Transmit each copy with a transmittal form listing attachments, and recording

appropriate information related to the application in a manner acceptable to the District Project Manager.

F. Conditional/Unconditional Waivers and Releases: With each Application for Payment, submit

a Waiver and Release form from every entity who may lawfully be entitled to file a Stop Notice arising out of the Contract, and related to the Work covered by the Application for Payment. 1. Submit a “Conditional Waiver and Release Upon Progress Payment” on each item

for the amount requested in the current application, prior to deduction for retainage. Submit an “Unconditional Waiver and Release Upon Progress Payment” on each item for the amount paid in the previous application, prior to deduction for retainage.

2. When an application shows completion of an item, submit a “Conditional Waiver and Release Upon Final Payment” for that item.

3. Within ten (10) days of receipt of the District’s payment that includes the final payment of an item, submit an “Unconditional Waiver and Release Upon Final Payment” for that item.

4. The District reserves the right to designate which entities involved in the Work must submit such waivers.

5. Waiver Forms: Submit waivers of lien on the forms provided in Section 013200 – Project Forms.

G. Initial Application for Payment: Administrative actions and submittals that must precede or

coincide with submittal of the first Application for Payment include the following: 1. Complete list of subcontractors. (Those subcontractors performing work valued at

more than ½ of 1 percent of the Contract Price shall have been listed on the “List of Subcontractors” provided by the Contractor to the District at the time the bids were due.)

2. List of principal suppliers and fabricators. 3. Approved Schedule of Values. 4. Contractor's Detailed Trade Schedule. 5. Schedule of principal products. 6. Schedule of unit prices. 7. Submittal Schedule. 8. Copies of all permits required by Contractor for the Work. 9. Copies of authorizations and licenses from governing authorities for performance of

the Work. 10. Any further data required by the District for insurance or other purposes. 11. Initial settlement survey and damage report, if required. 12. Application for Payment 13. Conditional Waiver and Release Upon Progress Payment. 14. Waiver and Releases from subcontractors.

H. Application for Progress Payments: Once the initial payment process has been made, additional progress payment applications should include: 1. Application for Payment 2. Updated Schedule of Values 3. Conditional Waiver and Release for current progress payment. 4. Unconditional Waiver and Release for prior progress payments. 5. Waiver and Releases from subcontractors.


I. Application for Payment at Substantial Completion: Following issuance of the Certificate of Substantial Completion, submit an Application for Payment; this application shall reflect any Certificates of Partial Substantial Completion issued previously for District occupancy of designated portions of the Work. Administrative actions and submittals that shall precede or coincide with this application include: 1. Warranties and maintenance agreements. 2. Test records and as-builts. 3. Meter readings (if required). 4. Advice on shifting insurance coverages. 5. Operation and Maintenance Manuals. 6. List of incomplete Work, recognized as exceptions to Engineer’s Certificate of

Substantial Completion. 7. Application for Payment 8. Updated Schedule of Values 9. Conditional Waiver and Release for current progress payment 10. Unconditional Waiver and Release for prior progress payment 11. Waiver and Releases from subcontractors.

J. Final Payment Application: Administrative actions and submittals which must precede or

coincide with submittal of the final Application for Payment include the following: 1. Completion of Project closeout requirements. 2. Completion of items specified for completion after Substantial Completion. 3. Assurance that unsettled claims will be settled. 4. Transmittal of required Project construction records to District. 5. Proof that taxes, fees and similar obligations have been paid. 6. Removal of temporary facilities and services. 7. Removal of surplus materials, rubbish and similar elements. 8. Final Application for Payment 9. Final updated Schedule of Values 10. Conditional Waiver and Release for final payment 11. Unconditional Waiver and Release for prior progress payments 12. Waiver and Releases from subcontractors. 13. Guarantee form 14. DVBE documentation 15. District sign-off for return of keys.

K. CERTIFIED PAYROLL RECORDS. All Certified Payroll Records for the period for which a payment is requested must be received by the Department of Industrial Relations prior to approval of the Application for Payment.

L. The Architect and District Project Manager will review and sign the payment application and

forward it to the District, indicating they have reviewed the application and recommend payment in the amount specified. These reviews by the District’s consultants are for the quality and quantity of work in place and its compliance with the Contract Documents and codes.

M. The District will process the application for payment in a timely manner. Payment will

normally be made within 30 calendar days of the District’s receipt of the Contractor’s approvable Application for Payment approved by the Architect and District Project Manager.

N. Payment for materials and equipment delivered to the project site but not yet incorporated in

the Work may be made at the discretion of the District. Such materials and equipment must be stored at the project site, properly stacked, crated or boxed and, if necessary, covered or protected from the weather. Documentation of cost of the materials and equipment must be provided with the Application for Payment. Payment for stored materials or equipment will be made in compliance with General Conditions.


O. The cut-off dates for progress payments during the course of construction will be specified by

the District Project Manager. If the cut-off date occurs on a weekend/holiday, the next business day will be considered as the cut-off date. The Contractor must follow the established cut-off date to ensure the timely processing of its payments.

P. Delay in processing of payment applications will occur when the above procedures are not

followed.

PART 2 - PRODUCTS NOT USED PART 3 - EXECUTION NOT USED END OF SECTION 01 29 00


SECTION 013300

SUBMITTALS

PART 1 - GENERAL 1.1. SECTION INCLUDES

A. Submittal procedures. To ensure that specified products are furnished and installed in accordance with the design intent, procedures have been established for advance submittal of design data and for its review by the District Architect/Engineer. Wherever possible, throughout the Contract Documents, the minimum acceptable quality of workmanship and materials has been defined by the name and catalog number of a manufacturer and by reference of recognized industry standards.

B. Proposed Products List and Product Data Submittals C. Shop Drawing Submittals D. Sample Submittals E. Daily Reports

1.2. RELATED SECTIONS

A. Section 00700: General Conditions B. Section 00800: Supplemental Conditions C. Section 01010: Summary of Work D. Section 01120: Project Meetings E. Section 01210: Project Forms F. Section 01400: Testing and Inspection G. Section 01770: Project Record Documents/Project Closeout. H. Other Sections requiring submittals.

1.3. SUBMITTALS PROCEDURES

A. After Award of Contract and during the course of project, Contractor shall secure and submit the documentation required per criteria in the General Conditions and as specified to the District’s representative for the project Architect/Engineer’s review and approval. Contractor shall thoroughly review and sign submittals prior to submission to the District. Coordinate language with Section 00700 of the General Conditions.

B. Identify each submittal by Specification Section number followed by a number indicating

sequential submittal for that Section. Re-submittals shall use same number as original submittal, followed by a letter indicating sequential re-submittal.

C. Apply Contractor’s stamp, signed or initialed, certifying that review, verification of products

required, field dimensions, adjacent construction work, and coordination of information are in accordance with the requirements of the Work and Contract Documents.

D. Transmit each submittal separately using the “Contractor’s Submittal Transmittal Sheet.”

Separate letters of transmittal shall accompany each submittal from different subcontractors.

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E. Combine required material for a single specification Section into a single submittal. Clearly identify on the submittal transmittal each item included, such as product data, shop drawings, etc. Incomplete or partial submittals will be returned without action for re-submittal in proper form.

F. Do not combine data from more than one specification section or drawing component into a

single submittal. Such submittals will be returned without action for re-submittal in proper form.

G. Submittals not reviewed by Contractor will be returned without action for proper review and

re-submittal. H. Make submittals within time periods established by the General Conditions and in

accordance with the approved Construction Schedule and approved Shop Drawing Submission Schedule, as required to maintain orderly and sequential progress of the Work.

I. Within ten (10) calendar days after the construction start date noted in the Notice to Proceed

by the District, Contractor shall submit to the District Representative all shop and diagram drawings, all materials lists and other submittals required by the Specifications, prior to the establishment of a job start date. (Exception - Finish Hardware Schedule and Segregation of Contract Costs).

J. Failure to make timely submittals will NOT be reason for extension of Contract Time. K. Maintain complete and current submittal log, indicating status of all submittals and re-

submittals. Provide summary of submittal status at pay request meetings. L. Deliver submittals to the District Representative. Identify school name, project title and

number, and address, telephone numbers of Contractor, subcontractors, and suppliers. Identify, as appropriate, pertinent drawing sheets, detail numbers, and Specification Section numbers. Clearly identify any deviations from Contract Documents. (Exception - Finish Hardware Schedule and Schedule of Values).

M. Submittals shall provide space for Contractor’s and Architect’s review stamps. N. Copying of Contract Documents for use as submittals is not acceptable. Contractor shall

produce original documents for shop drawings and other submittals. O. Identify variations from Contract Documents and Product or system limitations which may be

detrimental to successful performance of the completed Work. P. Clearly identify any such deviations on submittals. Provide documentation of proposed

change, including additional graphics and data as required by Architect. Q. Architect’s review of submittals shall not relieve Contractor of responsibility for compliance

with the Contract Documents, or for responsibility for deviations from Contract Documents. R. In review of submittals, Architect will not provide dimensions or elevations for field

conditions, or for conditions available from a detailed review of Project Documents. S. After the Architect has reviewed submittals, signed, date-stamped, with corrections noted, if

any, the Architect will transmit submittals to Contractor through the District Representative.


T. Resubmission: Revise and resubmit submittals as required, following the procedures for initial submittal and clearly identifying all changes made since previous submittal. Resubmit submittals in a timely manner, but in no case later than seven (7) days after receipt of returned submittal.

U. Distribute copies of reviewed submittals to concerned parties. Instruct parties to promptly

report any inability to comply with provisions. Distributions shall be made at no additional cost to Owner for duplication, blueprinting, mailing or other costs.

V. In order to assist in expediting the review of required submittals, Contractor shall submit and

review with the District Representative, a schedule for shop drawing submittal dates and necessary date of return required by Contractor in order to maintain construction schedule. This schedule of submittals shall indicate adequate time between submittals in order to allow proper time for review without negative impact to Contractor's construction schedule.

W. Provide the Schedule of Submittals in conformance with Construction Schedule required in

Section 013216. X. Schedule of Submittals shall be related to work progress, and shall be so organized as to

allow sufficient time for mailing, reviewing, corrections, resubmission, and re-reviewing. Y. Contractor shall coordinate submittal of related items. Z. Revise, update, and submit Schedule of Submittals to the District Representative, on first of

each month, or as required. AA. In scheduling, allow at least ten (10) full working days for review following receipt of

submittal. For Mechanical, Plumbing, Electrical, and other submittals which require joint review with the Districts representative, allow a minimum of fifteen (15) full working days following receipt of submittal.

1.4. PROPOSED PRODUCTS LIST AND PRODUCT DATA

A. Where specified in individual sections, submit complete list of major products proposed for use, with name of manufacturer, trade name, and model number for each product and supporting product data.

B. For products specified only by reference standards, give manufacturer, trade name, model

or catalog designation, and reference standards. Mark out items that are not applicable to the Project.

C. Clearly mark each copy to identify pertinent materials, products, models, options, and other

data. D. Indicate dimensions and clearances required. E. Supplement manufacturers’ standard data to provide information unique to this Project,

including dimensions and clearances required performance characteristics and capacities, and/or wiring diagrams and controls.

F. Manufacturer's Standard Schematic Drawings: G. Delete information that is not applicable to Project. H. Supplement standard Drawings to provide additional information applicable to Project. I. Manufacturer’s Instructions and Certificates


J. When specified in individual specification Sections, submit manufacturers’ certificates and

instructions for delivery, storage, assembly, installation, start-up, adjusting, and finishing.

K. Identify conflicts between manufacturers’ instructions and Contract Documents. L. Indicate material or Product conforms to or exceeds specified requirements. Submit

supporting reference data, affidavits, and certifications as appropriate. M. Certificates may be recent or previous test results on material or Product, but must address

current regulatory requirements and be acceptable to Architect. N. Number Required: Submit a minimum of six (6) copies. One (1) copy will be retained by the

Architect, one (1) by the Engineer (if applicable), one (1) will be retained by the District Representative, one (1) by the Project Inspector, and two (2) will be returned to Contractor. Provide additional copies if additional copies are required beyond this noted distribution.

1.5. SHOP DRAWINGS

A. Shop Drawings are original drawings prepared by Contractor, subcontractor, supplier, or distributor that illustrate some portion of work by showing fabrication, layout, setting, or erection details.

B. Submit Shop Drawings for work areas specified, with the following information on each

sheet: 1. Project name and location. 2. Contractor name and address. 3. Subcontractor, manufacturer, or fabricator name and address. 4. Date and scale of drawings. 5. Space for Contractor’s review and approval stamp.

C. Draw shop drawings to an accurate scale that is large enough to indicate all pertinent

features and methods of connection to the work. D. Number Required: Submit a minimum of six (6) copies. One (1) copy will be retained by the

Architect, one (1) by the Engineer (if applicable), one (1) will be retained by the District Representative, one (1) by the Project Inspector, and two (2) will be returned to Contractor. Provide additional copies if additional copies are required beyond this noted distribution.

1.6. SAMPLES

A. Submit samples of sufficient size to clearly illustrate functional and aesthetic characteristics of the product, with integral parts and attachment devices.

B. Provide permanent identification for each sample, with full Project information. C. Number Required: Submit a minimum of five (5) copies. One (1) copy will be retained by

the Architect, one (1) by the Engineer (if applicable), one (1) will be retained by the District Representative, and two (2) will be returned to Contractor. Provide additional copies if additional copies are required beyond this noted distribution.

D. Color and Pattern: Whenever a choice of color or pattern is available in a specified product,

submit accurate color chips and pattern charts. E. Field Samples: When specified, erect field samples and mock-ups at project site to

illustrate materials, equipment, or workmanship and to establish standards by which completed work shall be judged.


F. The Architect will notify Contractor of initial selection by Instruction Bulletin. G. After return of office samples or review of field samples, these items may be used in

construction of project with approval of the District Architect/Engineer.

END OF SECTION


SECTION 017400

WASTE REDUCTION AND RECYCLING

PART 1 – GENERAL 1.1 PURPOSE

A. The purpose is to promote waste reduction (source reduction) and recycling practices to the maximum extent reasonably possible for construction and demolition projects.

1. State law requires jurisdictions to achieve a 50% diversion goal. The District is a

significant generator of waste during construction and demolition projects and should participate in reducing and recycling waste.

2. The Contractor’s completion of required documentation and submittal of disposal

and diversion reporting form will allow the District to track and calculate the diversion rate.

1.2 REFERENCES

A. The California Integrated Waste Management Act of 1989 (AB 939). B. California Code of Regulations Title 14, Section 18700 et seq.

C. Definitions:

1. “Recycle” or “recycling” means the process of collecting, sorting, cleansing,

treating, and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace. “Recycling” does not include transformation, as defined in California Public Resources Code Section 40201.

2. “Source reduction” means any action which causes a net reduction in the

generation of solid waste. “Source reduction” includes, but is not limited to, reducing the use of nonrecyclable materials, replacing disposable materials and products with reusable materials and products, reducing packaging, reducing the amount of yard wastes generated, establishing garbage rate structures with incentives to reduce the amount of wastes that generators produce, and increasing the efficiency of the use of paper, cardboard, glass, metal, plastic, and other materials. “Source reduction” does not include steps taken after the material becomes solid waste or actions which would impact air or water resources in lieu of land, including, but not limited to, transformation.

3. “Transformation Facility” means a facility whose principal function is to convert,

combust, or otherwise process solid waste by incineration, pyrolysis, destructive distillation, or gasification, or to chemically or biologically process solid wastes, for the purpose of volume reduction, synthetic fuel production, or energy recovery. Transformation Facility does not include a composting facility.

1.3 RELATED DOCUMENTS

A. Waste Disposal and Diversion Reporting Form (attached)

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WASTE DISPOSAL AND DIVERSION REPORTING FORM

Mt. San Antonio Community College District: Mt. San Antonio College Date: Property Address: 1100 North Grand Ave. Walnut, CA 91789 Facility Contact and Telephone: Becky Mitchell, Assistant Director, Facilities (909) 594-5611 Contractor Name: Contractor Contact: Contractor Telephone: Description of Project: Approximate Dollar Value of Construction/Demolition: Approximate Square Footage of Project: Demolition Schedule: Construction Schedule: Name of Hauler(s): Telephone: Please check waste reduction activities that are practiced at this project site: ____ Use of Prefabricated Components ____ Reduced Packaging ____ Reuse of Materials Onsite ____ Other (describe) ____ Accurate Material Estimates ____ Conversion Factors for Selected Loose Materials Concrete 2370 lbs/cu yd 1.18 tons/cu yd 0.84 cu yd/ton Asphalt 1940 lbs/cu yd 0.97 ton/cu yd 1.03 cu yds/ton Brick 2430 lbs/cu yd 1.21 tons/cu yd 0.82 cu yd/ton Dirt 2660 lbs/cu yd 1.33 tons/cu yd 0.75 cu yd/ton Wood 400 lbs/cu yd 0.20 ton/cu yd 5.00 cu yds/ton Gypsum wallboard 500 lbs/cu yd 0.25 ton/cu yd 4.00 cu yds/ton Cardboard 100 lbs/cu yd 0.05 ton/cu yd 20.0 cu yds/ton


WASTE MATERIAL DISPOSITION SUMMARIES

Fill out the tables below. The unit of measurement is “tons.” Use the conversion factors provided below. If a different conversion number is used, please provide. If tonnage information is not available, estimates can be provided in “cubic yards.” Part I. DEMOLITION MATERIALS (tons)

Material Type

Disposed in Class III Landfill

Taken to Inert

Fills

Other Disposal

(describe)

Reduced, Recycled or

Salvaged

How Diverted? (e.g., reused as aggregate, etc.)

Concrete

Asphalt

Dirt

Wood

Metals

Mixed Waste

Other (describe)

Total Tons A = B = C = D = Demolition Materials Diversion Rate: D/(A+B+C+D) = ___________________ Additional Notes/Comments: Part II. CONSTRUCTION MATERIALS (tons)

Material Type

Disposed in

Landfill

Taken to Inert

Fills

Other Disposal

(describe)

Reduced, Recycled or

Salvaged

How Diverted? (e.g., reused as aggregate, etc.)

Concrete

Asphalt

Dirt

Wood

Metals

Mixed Waste

Other (describe)

Total Tons A = B = C = D = Construction Materials Diversion Rate: D/(A+B+C+D) = _______________________


Additional Notes/Comments: Disposal Facilities Name of disposal facilities (e.g., landfill or inert facility name) materials are taken to: Facility Name Total Tons Facility Name Total Tons Facility Name Total Tons

Recycling Facilities Name of the recycling facilities or recycler (materials given or sold to): Recycler/Recycling Facility Name Total Tons Recycler/Recycling Facility Name Total Tons Recycler/Recycling Facility Name Total Tons

Transformation Facilities Name of the transformation facility: Transformation Facility Name Total Tons

To the best of my knowledge, the above estimates are an accurate representation of the disposition of the construction and demolition materials generated on-site at the construction job. I understand that the LAUSD may audit disposal and recycling documentation related to this survey. _______________________________________ ________________________________ Print Name Signature Additional Notes/Comments:


1.4 SUBMITTALS

A. Submit the Waste Disposal and Diversion Reporting Form at the completion of the construction and/or demolition project.

1. Contractor shall provide weigh tickets and/or other documentation to support the

reported tonnages and destinations. 2. Contractor must maintain records for a minimum of three (3) years.

PART 2 – PRODUCTS NOT USED PART 3 – EXECUTION 3.1 WASTE REDUCTION AND RECYCLING DIVERSION PROGRAM IMPLEMENTATION

A. When reasonably feasible, Contractor shall implement “source reduction” (waste reduction/prevention) and recycling practices that divert waste from landfill disposal. Practices such as deconstruction, on-site crushing and reuse of concrete/asphalt as base material, salvage of fixtures, and recovering recyclable materials should be implemented.

B. Contractor shall make arrangements with the waste hauler for providing source

separated bins so that the Contractor can keep recyclable materials separated to a level that a recycling facility can accept them.

C. Contractor shall take materials to a Transformation Facility whenever feasible and cost

effective. Each transformation will only accept limited waste streams. The Contractor is responsible to determining if its specific waste stream is accepted by each facility.

D. As part of the Project close-out process, complete and submit the Waste Disposal and

Diversion Reporting Form along with the supporting documentation.

END OF SECTION 017400


SECTION 014000 - QUALITY CONTROL

PART 1 - GENERAL

1.1. SECTION INCLUDES

A. Quality assurance and control of installation.

B. References.

C. Field Samples.

D. Mock-up.

E. Inspection and testing laboratory services.

F. Manufacturers’ field services and reports.


A. Section 01300 – Submittals.

B. Section 01455 – Testing and Inspection

C. Section 01600 – Product Requirements

1.3. QUALITY ASSURANCE/CONTROL OF INSTALLATION

A. Monitor quality control over suppliers, manufacturers, products, services, site conditions, and workmanship, to produce work of specified quality.

B. Comply fully with manufacturers’ instructions, including each step in sequence.

C. Should the manufacturers’ instructions conflict with Contract Documents, request clarification from the District Project Manager before proceeding.

D. Comply with specified standards as a minimum quality for the work except when more stringent tolerances, codes, or specified requirements indicate higher standards or more precise workmanship.

E. Perform work by persons qualified to produce workmanship of specified quality.

F. Secure Products in place with positive anchorage devices designed and sized to withstand stresses, vibration, physical distortion or disfigurement.

G. Contractor’s Line of Authority: Contractor shall provide one person who shall be both knowledgeable and responsible for all work to be performed on this project at all times during normal work hours. In Contractors absence, Contractors appointed representative shall be responsible for all directions given to him and said directions shall be binding as if

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given to the Contractor. Contractor’s representative shall be responsible to coordinate all work to be performed.

H. Shop and fieldwork shall be performed by mechanics skilled and experienced in the fabrication and installation of the work involved. All work on this project shall be done in accordance with the best practices of the various trades and in accordance with the drawings, approved shop drawings and these specifications.

I. All work shall be erected and installed plumb, level, square and true and in proper alignment and relationship to the work of other trades. All finished work shall be free from defects. The Architect reserves the right to reject any materials and workmanship which are not considered to be up to the highest standards of the various trades involved. Such inferior material or workmanship shall be replaced at no additional cost to the District.

J. All work shall be installed by a knowledgeable contractor and defined “Eligible” by the specified materials manufacturers. The specifications and recommendations of the manufacturer whose materials are used shall be strictly adhered to during the application or installation of materials.

K. Any additional work beyond that specified or illustrated, or any modifications thereto, that is necessary for the furnishing of guarantee shall be provided by the Contractor without additional cost to the District.

1.4. REFERENCES

A. Conform to the requirements of Parts 1 through 12, Title 24, CCR. Maintain current copy of each on jobsite.

B. Conform to reference standard by date of issue current on date of DSA plan approval or date specified in Product Sections.

C. Should specified reference standards conflict with Contract Documents, request clarification from the District Project Manager before proceeding.

D. The contractual relationship of the parties to the Contract shall not be altered from the Contract Documents by mention or inference otherwise in any reference document.

E. The Contractor shall be responsible for being current and knowledgeable for all building codes involved for all trades under his direction.

F. Provide all work and materials in full accordance with the latest Rules and Regulations of the California Code of Regulations, Title 24, Uniform Building Code Standards, the State Fire Marshal, Safety Orders of the Division of Industrial Safety, the California Electrical Code, the California Building Code, California Mechanical Code, California Plumbing Code, and any other applicable laws or regulations. Nothing in these plans or specifications is to be construed to permit work not conforming to these Codes.

G. Furnish without extra charge any material and labor required complying with these Rules and Regulations.


1.5. FIELD SAMPLES

A. Install field samples at the site as required by individual specifications Sections for review.

B. Acceptable samples represent a quality level for the Work.

C. Where field samples are specified in individual Sections to be removed, clear area after field sample has been accepted by the District Project Manager.

1.6. MOCK-UP

A. Assemble and erect specified items, with specified attachment and anchorage devices, flashing, seal, and finish.

B. Where mock-up is specified in individual Sections to be removed, clear area after mock-up has been accepted by the District Project Manager.

1.7. INSPECTION AND TESTING LABORATORY SERVICES

A. District will appoint, employ, and pay for services of an independent firm approved by the Architect to perform inspection and testing of the work performed by Contractor in compliance with Section 4-333 and 4-342, Part 1, Title 24, CCR, and as specified in individual specifications and as required by the District Project Manager.

B. District will retain special inspectors for those portions of the work as shown on the drawings and specified in the respective sections in compliance with Section 4-333, Part 1, Title 24, CCR.

C. Reports will be submitted by the independent firm to the District Project Manager, in duplicate, indicating observations and results of tests and indicating compliance or non-compliance with Contract Documents.

D. Contractor shall cooperate with independent firm; furnish samples of materials, design mix, equipment, tools, storage and assistance as requested.

1. Notify the District Project Manager and independent firm forty-eight (48) hours prior to expected time for operations requiring services via Testing and Inspection Request form provided under Section 01210 – Construction Forms.

2. Make arrangements with the District Project Manager and pay for additional samples and tests required for Contractor’s use.

E. The Independent Inspector/Engineer shall perform inspection of all work to determine conformance with these Standards.

1. Underground work shall not be backfilled or covered until an inspection by the Inspector or his representative has been completed and the work approved. Any work that is covered without inspection shall be uncovered at the Contractor’s expense so an inspection can be made.


2. The Inspector shall have access to the work at all times and shall be furnished every reasonable facility for ascertaining that the work done, materials used and workmanship performed are in accordance with the requirements of these Standards.

3. Inspection of the work shall not relieve the Contractor of any of his obligations to satisfactorily perform the work.

F. Retesting required because of non-conformance to specified requirements shall be performed by the same independent firm on instructions by the Architect. Payment for retesting will be charged to the Contractor by deducting inspection or testing charges from the Contract Price.

1.8. MANUFACTURERS’ FIELD SERVICES AND REPORTS

A. When specified in individual Specification Sections, require material or Product suppliers or manufacturers to provide qualified staff personnel to observe site conditions, conditions of surface and installation, quality of workmanship, start-up of equipment, test, adjust, and balance of equipment as applicable, and to initiate instructions when necessary.

B. Submit qualifications of observer to the District Project Manager thirty (30) days in advance of required observations.

C. Individuals are to report observations and site decisions or instructions given to applicators or installers that are supplemental or contrary to manufactures’ written instructions.

D. Submit report in duplicate within thirty (30) days of observation to the District Project Manager for review.

END OF SECTION


SECTION 014523

TESTING AND INSPECTION SERVICES

PART 1 - GENERAL

1.1 SUMMARY

A. SECTION INCLUDES 1. Provide testing and inspection services to meet requirements of the California

Building Code (CBC), Title 24, Parts 1 and 2.


A. Section 01210: Construction Forms

1.3 TESTS

A. The College will select an independent testing laboratory to conduct tests. Selection of material required to be tested shall be by the laboratory or the College's representative and not by Contractor.

B. Contractor shall notify the College's representative a sufficient time in advance of the manufacture of material to be supplied by him under the Contract Documents, which must be in terms of the Contract, be tested, in order that the College Representative may arrange for testing at the source of supply.

C. Any material shipped by Contractor from the source of supply prior to having satisfactorily passed such testing and inspection or prior to the receipt of notice from said representative that such testing and inspection will not be required shall not be incorporated into the work.

D. The College will select and pay testing laboratory costs for all tests and inspections, but may be reimbursed by Contractor for such costs under the terms of the Contract Documents.

1.4 TEST REPORTS

A. One copy of test reports shall be forwarded to the testing agency via the IOR. Such reports shall include all tests made, regardless of whether such tests indicate that the material is satisfactory or unsatisfactory. Samples taken but not tested shall also be reported. Records of special sampling operations as required shall also be reported. Reports shall show that material or materials were sampled and tested in accordance with requirements of CBC, Title 24, Parts 1 and 2 and with the approved Specifications. Test reports shall show specified design strength. They shall also state definitely whether or not material or materials tested comply with requirements.

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1.5 VERIFICATION OF TEST REPORTS

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

1.6 INSPECTION BY THE COLLEGE

A. The College and its representatives shall at all times have access, for purpose of inspection, to all parts of the work and to shops wherein the work is in preparation, and Contractor shall at all times maintain proper facilities and provide safe access for such inspection.

B. The College shall have the right to reject materials and workmanship which are defective, or to require their correction. Rejected workmanship shall be satisfactorily corrected; rejected materials shall be removed from the premises without charge to the College. If Contractor does not correct such rejected work within a reasonable time, fixed by written notice, the College may correct same and charge the expenses to Contractor.

C. Should it be considered necessary or advisable by the College, at any time before final acceptance of the entire work, to make an examination of the work already completed, by removing or tearing out the same, Contractor shall on request promptly furnish necessary facilities, labor, and materials.

D. If such work is found to be defective in any respect due to fault of Contractor or his 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 Contractor.

1.7 COLLEGE INSPECTOR

A. The College Inspector is employed by the College in accordance with requirements of the California Code of Regulations, Title 24, will be assigned to the work. His duties are specifically defined in Title 24, Part I, Sec. 4-342. 1. The work of construction in all stages of progress shall be subject to the personal

continuous observation of the Inspector. He shall have free access to any and all parts of the work at any time. Contractor shall furnish the Inspector reasonable facilities for obtaining such information as may be necessary to keep him fully informed respecting progress and manner of the work and character of materials.

2. Inspection of the work shall not relieve Contractor from any obligation to fulfill this Contract.

1.8 ADDENDA AND CHANGE ORDERS

A. The intent of these drawings and specifications is that the work of the alteration or reconstruction is to be in accordance with Title 24, California Code of Regulations. Should any conditions such as deterioration or non-complying construction be discovered which is not covered by the contract documents wherein the finished work will not comply


with Title 24, California Code of Regulations, a change order detailing and specifying the required work shall be submitted to and approved by the Division of the State Architect (DSA) before proceeding with the work.

B. In accordance with Part 1, Title 24, Section 4-338, California Code of Regulations, all addenda, and Change Orders shall be approved by Inspector of Record.

PART 2 - PRODUCTS - NOT USED

PART 3 - EXECUTION - NOT USED

END OF SECTION


SECTION 01500 – CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS PART 1 - GENERAL 1.1 GENERAL

A. Mobilization shall include the obtaining of all bonds, insurance, and permits; moving onto the site of all plant and equipment; and the furnishing and erecting of all plant, temporary buildings, and other construction facilities; all as required for the proper performance and completion of the Work. Mobilization shall include but not be limited to the following principal items: 1. Moving onto the site of all Contractors’ plant and equipment required for first month’s

operations. 2. Establishing fire protection system. 3. Providing on-site communications facilities. 4. Furnishing, installing, and maintaining all storage yards, buildings or sheds required

for temporary storage of products equipment, or materials that have not yet been installed in the Work. All such storage shall meet manufacturer’s specified storage requirements, including temperature and humidity control as recommended by the manufacturer.

5. Furnishing and maintaining all security measures and systems. 6. Obtaining and pay for all required permits. 7. Posting all OSHA and/or Cal-OSHA required notices and establishment of safety

programs. 8. Posting all prevailing wage rates applicable to the Work. 9. Submittal of a Preliminary Schedule of Values in accordance with the requirements

of Section 013100 within 7 days of issue of the Notice to Proceed. 10. Contractor(s) shall be responsible for providing and maintaining on-site

trailers/jobsite office, limited to no more than 300 sq. ft., including all required utilities. Locations will be as directed by the District Representative. Contractor(s) shall include the costs of relocation of his office/changing/storage areas and temporary utilities to allow the work of other trades to proceed.

B. Staff Names: Submit a list of the Contractor’s principal staff assignments before

commencement of Work for review and approval by the District Representative, including the Superintendent and other personnel in attendance at the site; identify individuals, their duties, and responsibilities; list their addresses and telephone numbers. 1. Post copies of the list as required by the District Representative.

C. Limitations. Contractor recognizes and acknowledges that, as certain areas of the Project

are executed and completed, such areas may be designated restricted areas to which access by the Contractor may be limited or prohibited. Contractor also recognizes and acknowledges that such designated areas may interfere with the orderly plan and schedule of its operations and performance of the Work. Accordingly, Contractor shall not assume there will be unrestricted access to or use of any areas and must, prior to commencement of the Work and as the Work progresses, assure to its satisfaction the access and other conditions affecting the Work.

PART 2 – PRODUCTS NOT USED PART 3 – EXECUTION NOT USED END OF SECTION ____________________________________________________________________________________________ BUILDING 23 RENOVATION FOR IT & PUBLIC SAFETY CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS - 01500 MT. SAN ANTONIO COLLEGE PAGE 1 OF 1 BID NO. 3009 02/06/2015

SECTION 015100 TEMPORARY UTILITIES PART 1 - GENERAL 1.1 GENERAL

A. It shall be the Contractor’s responsibility to provide plant and equipment that is adequate for the performance of the Work under this Contract within the time specified. All plant and equipment shall be kept in satisfactory operating condition, shall be capable of safely and efficiently performing the required Work, and shall be subject to inspection and approval by the District’s representative at any time within the duration of the Contract. All Work hereunder shall conform to the applicable requirements of Cal-OSHA/Fed-OSHA Construction Safety Orders.

1.2 TEMPORARY POWER AND LIGHTING

A. Power and Lighting will be furnished by the Contractor. Temporary power for tools which includes temporary power boxes (120/240 3-phase 4 wiring) and temporary lighting will be supplied as part of this contract at locations designated by the District’s Representative at no cost during normal working hours. Any connections for power or telephones to the Contractor’s jobsite trailer, power connections to Contractor’s equipment and supplemental lighting will be Contractor’s responsibility and any tools which exceed this shall be powered by generators at this contractors own expense. Contractor is responsible for all costs of their telephone bill.

1.3 WATER SUPPLY

A. General Construction Water shall be furnished by the College at designated location(s).

B. In addition to the requirements for furnishing bottled, drinking water for Contractor’s own use, the Contractor shall be responsible for the adequate functioning of its water supply system and shall be solely liable for any claims arising from the use of same, including discharge or waste of water therefrom.

C. Potable Water: All drinking water for Contractor during construction shall be furnished by the

Contractor and shall be bottled water or water furnished in approved dispensers. Notices shall be posted conspicuously throughout the site warning the Contractor’s personnel that piped water may not be suitable for consumption.

D. Water Connections: The Contractor shall not make connection to or draw water from, any

fire hydrant or pipeline without first obtaining permission of the District or other authority having jurisdiction over the use of said fire hydrant or pipeline and from the agency owning the affected water system. For each such connection made, the Contractor shall first attach to the fire hydrant or pipeline a valve and a meter, if required by the District or other authority, of a size and type acceptable to the District or said other authority and agency.

E. Removal of Water Connections: Before final acceptance of the Work on the Project, all

temporary connections and piping installed by the Contractor shall be entirely removed, and all affected improvements shall be restored to their original condition, or better, to the satisfaction of the District, and/or other agency owning the affected utility.

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F. Fire Protection: The construction plant and all other parts of the Work shall be connected

with the water supply system and shall be adequately protected against damage by fire. Hose connections and hose, water casks, chemical equipment, or other sufficient means shall be provided for fighting fires in the temporary structures and other portions of the Work, and responsible persons shall be designated and instructed in the operation of such fire apparatus so as to prevent or minimize the hazard of fire. The Contractor’s fire protection program shall conform to the requirements of Article 34, Section 1805b of Cal-OSHA.

1.4 COMMUNICATIONS

A. Telephone Services: The Contractor shall provide and maintain at all times during the progress of the Work, not less than one telephone in good working order, at its own field construction office, at or near the site of the Work included in the Contract. Each such telephone shall be connected to an established commercial exchange for toll service and with all other telephones utilized by the Contractor.

B. The Contractor’s Superintendent shall, at all times and for the duration of the Work, on and

off site, carry a telephone pager and a two-way radio tuned to the District’s Representative’s frequency to allow the College and/or the District’s Representative the ability to immediately contact the Contractor’s Superintendent in case of emergency or for any other reason related to the Work. For the purposes of this project, the College is utilizing the Nextel system on the Builder’s Business Network for two-way radio and cellular communication. The Contractor shall inform the College of the telephone pager numbers and provide the District’s Representative with a list of all Contractor’s and respective subcontractors’ radio frequencies to be utilized on site during construction as part of the requirements of Mobilization.

1.5 TEMPORARY RESTROOMS

A. Portable toilets shall be provided and maintained by each Trade Contractor.

1.6 TEMPORARY BARRICADES

A. Enclose working areas with a substantial barricade as approved by the District Representative.

PART 2 - PRODUCTS NOT USED PART 3 - EXECUTION NOT USED END OF SECTION

____________________________________________________________________________________________ BUILDING 23 RENOVATION FOR IT & PUBLIC SAFETY TEMPORARY UTILITIES - 01510 MT. SAN ANTONIO COLLEGE PAGE 2 OF 2 BID NO. 3009 02/06/2015

SECTION 016000

PRODUCT REQUIREMENTS

PART 1 - GENERAL

1.01 SECTION INCLUDES

A. Products

B. Transportation and handling.

C. Storage and protection.

D. Product options.

E. Substitutions

F. District-Furnished Products.

1.02 PRODUCTS

A. Products: Means new material, machinery, components, equipment, fixtures, and systems forming Work. Does not include machinery and equipment used for preparation, fabrication, conveying, and erection of Work. Products may also include existing materials or components required for reuse.

B. Do not use materials and equipment removed from existing premises, except as specifically permitted by Contract Documents.

C. Provide interchangeable components from the same manufacturer.

1.03 TRANSPORTATION AND HANDLING

A. Transport and handle products in accordance with manufacturer's instructions.

B. Promptly inspect shipments to assure that products comply with requirements, quantities are correct and products are undamaged.

C. Provide equipment and personnel to handle products by methods to prevent soiling, disfigurement or damage.

1.04 STORAGE AND PROTECTION

A. Store and protect products in accordance with manufacturer's instructions, with seals and labels intact and legible. Store sensitive products in weather-tight, climate controlled enclosures.

B. For exterior storage of fabricated products, place on sloped supports, above ground and protect as necessary to prevent deterioration or damage to the product.

C. When approved by the District’s Representative, provide off-site storage and protection in a bonded warehouse approved by District when site does not permit on-site storage or protection at no cost to District.

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D. Cover products subject to deterioration with impervious sheet covering. Provide ventilation to avoid condensation.

E. Store loose granular materials on solid flat surfaces in well-drained area. Prevent mixing with foreign matter.

F. Provide equipment and personnel to store products by methods to prevent soiling, disfigurement or damage.

G. Arrange storage of products to permit access for inspection. Periodically inspect to ensure products are undamaged and are maintained under specified conditions.

1.05 PRODUCT OPTIONS

A. Products Specified by Reference Standards or by Description Only: Any product accepted by Architect as meeting those standards or description.

B. Products Specified by Naming One or More Manufacturers: Products of manufacturers named and meeting or exceeding Specifications. Substitutions permitted only under provisions of this Section.

C. Where noted in individual Sections, no product options permitted.

D. When the words “or equal” are used, it shall mean “or equal as approved by the Architect in accordance with Section 01600.”

E. “Or equal” products shall conform to requirements listed in this Section and following criteria: 1. 10 successful installations that have been in operations and maintenance-free for 5 years

as minimum.

1.06 SUBSTITUTIONS

A. Manufacturers and products listed in Specifications form basis for design and quality intended. Bidders may propose substitutions of equal design and quality and must be accompanied by completed Request Form included at end of this Section, other forms not permitted. Submit separate form for each proposed substitution. 1. Substitution requests, if any, shall be submitted to District’s Representative in accordance

with the requirements outlined in the General Conditions and in Section 012500 –Substitutions Procedures.

2. Substitutions shall be approved by the District, DSA prior to fabrication and installation.

B. Substitutions must clearly be in District’s best interest because of quality, cost, performance, conformity to code requirements, or availability. Architect will make decision as to acceptance of proposed substitution. 1. Submittal of proposed substitutions shall be made only by Prime Bidder. Architect will

not review direct submittal by manufacturers, suppliers, or subcontractors. 2. Burden of proof as to equality of any material, process, or article shall rest with

Contractor. Provision authorizing submissions of "or equal" justification data shall not in any way authorize an extension of time for performance of this Contract.

3. Substitutions shall, without exception, be manufactured of same basic materials and comply with or exceed all Specification requirements of dimension, function, structure, and appearance, without deviation. Provide itemized comparison of quality and performance.


4. Use of approved substitutions shall in no way relieve Contractor from responsibility for compliance with Contract Documents after installation. Contractor shall assume all extra costs caused by use of approved substitute materials.

5. Statement indicating why specified material or product cannot be provided. 6. Coordination information, including list of changes or modifications needed to other parts

of Work and to construction performed by District and separate contractors, which will be necessary to accommodate proposed substitution.

7. Detailed side by side comparison of significant qualities of proposed substitution with those of the Work specified. Mark clearly affected specification Section for any differences from item specified. Significant qualities may include attributes such as performance, weight, size, durability, visual effect and specific features and requirements indicated.

8. Product Data Samples, including drawings and descriptions of products and fabrication and installation procedures.

9. List of similar installations for completed projects with project names and addresses and names and addresses of Architects and Districts.

10. Material test reports from qualified testing agency indicating and interpreting test results for compliance with requirements indicated.

11. Cost information, including a proposal of change, if any, in the Contract Sum. 12. Substitutions for specified product, brand or manufacture that have been submitted and

disapproved by Architect shall not be resubmitted in any modified form. 13. In case materials are substituted and installed without proper authorization, Contractor

shall remove such materials and install those specified at his own expense. 14. Contractor shall determine effect approved substitutions will have on other portions of

Work and so inform his subcontractors and employees of these effects. 15. Acceptance of proposed substitution shall be determined solely by specifying Architect.

Architect's decision shall be final and conclusive.

C. Substitutions may be considered when product becomes unavailable through no fault of Contractor. Provide letter from manufacturer, on manufacturer's letterhead, stating lack of availability.

D. Provide same warranty for substitution as for specified product. Warranty shall meet or exceed that for specified product.

E. Contractor shall pay costs for time required by Architect for review and for any redesign services associated with substitutions and for costs of re-approval by Regulatory Agencies.

F. Substitutions will not be considered when they are indicated or implied on shop drawing or product data submittals, without separate written request.

G. Substitution Submittal Procedure: In accordance with Section 013300, Submittals, and this Section.

1.07 DISTRICT-FURNISHED, DISTRICT-INSTALLED WORK (OFOI)

A. Indicate in construction progress schedule District-furnish District installed items and schedule time for installation.

B. Items indicated on Drawings as OFOI will be furnished by District and installed by District. Work indicated as OFOI will be performed under separate contract employees by District at its discretion. Where work of this Contract adjoins or conflicts with OFOI, work, Contractor shall cooperate with District and its employees in manner that will provide for reasonable and accurate completion of this Contract and work under separate contact.


1.08 DISTRICT-FURNISHED, CONTRACTOR-INSTALLED WORK (OFCI)

A. Indicate in construction progress schedule District-furnish contractor-installed items and schedule time for its installation.

B. Contractor shall verify exact sizes and services required for each item of equipment indicated on Drawings or in project manual as OFCI and shall obtain from District rough-in drawings, diagrams, setting templates and other necessary information to ensure proper mating of assemblies.

C. Contractor shall receive at project site each item of equipment from District and from that time on shall assume full responsibility for items and equipment until one year from date of Certified Completion.

D. Contractor shall give District 15 day’s prior notice of requirements for delivery to site of all OFCI equipment.

E. Contractor shall be responsible for receiving OFCI items and equipment and shall uncrate, inspect and notify District in writing within 7 days of receiving said items or equipment of acceptance or rejection of items or equipment. District, after receiving notice, will take appropriate action to have items or equipment made acceptable for Contractor's use. Rejected items shall be carefully stored and protected from damage by Contractor until District takes appropriate action.

F. Contractor shall be responsible for final placing, installation, connection, start-up, checking, testing, and demonstrated satisfactory operation. District will provide names of manufacturer's representatives, who shall assist the Contractor in checking, testing, and demonstrating equipment.

PART 2 - PRODUCTS

NOT USED.

PART 3 - EXECUTION

NOT USED


SECTION 01630

PRODUCT SUBSTITUTIONS PROCEDURES


A. This Section specifies administrative and procedural requirements for handling requests for substitutions made after award of the Contract.

B. Procedural requirements governing the Contractor’s selection of products and product

options are included under Section 01 60 00, “Product Requirements.” 1.2 DEFINITIONS

A. Substitutions: Requests for changes in products, materials, equipment, and methods of construction required by Contract Documents proposed by the Contractor after award of the Contract are considered requests for “substitutions.” The following are not considered substitutions: 1. Substitutions requested by Bidders during the bidding period, and accepted prior to

award of Contract, are considered as included in the Contract Documents and are not subject to requirements specified in this Section for substitutions.

2. Revisions to Contract Documents requested by the District or Engineer. 3. Specified options of products and construction methods included in Contract

Documents. 4. The Contractor’s determination of and compliance with governing regulations and

orders issued by governing authorities. 1.3 SUBMITTALS

A. Substitution Request Submittal: Requests for substitution will only be considered if received within 7 days after the date of issue of the Notice of Award of Contract. Requests received more than 7 days after such date may be considered or rejected at the discretion of the District and Engineer. 1. Submit up to 6 copies of each request for substitution for consideration, as required

by the Resident Project Representative. Submit requests in the form and in accordance with procedures required for Change Order proposals.

PART 2 - PRODUCTS 2.1 NOT USED PART 3 - EXECUTION 3.1 NOT USED END OF SECTION

____________________________________________________________________________________________ BUILDING 23 RENOVATION FOR IT & PUBLIC SAFETY PRODUCT SUBSTITUTION PROCEDURES - 01630 MT. SAN ANTONIO COLLEGE PAGE 1 OF 1 BID NO. 3009 02/06/2015

SECTION 01720

PROJECT RECORD DOCUMENTS

1. PART 1 - GENERAL


1.1.1. Procedures for preparing accurate "Project Record Documents"(Specifications and Drawings).


1.2.1. Section 01010: Summary of Work.

1.2.2. Section 01300: Submittals.

1.2.3. Section 01320: Construction Schedule.

1.3. PROCEDURES

1.3.1. Promptly following Contract Award, General Contractor shall secure from the District one complete set of Specifications and prints of the Contract Drawings and mark them as "Project Record Documents".

1.3.2. Timing Of Entries: Make entries within 24 hours after receipt of information.

1.3.3. Contractor shall be responsible for maintaining and recording changes on "Project Record Documents" set.

1.3.4. Do not use "Project Record Documents" set for any purpose except entry of new data and for review by the Architect/Engineer and District Inspector. Maintain separate job sets for subcontractors and workers daily use.

1.3.5. Maintain "Project Record Documents" set at job site where designated by the Architect/Engineer.

1.3.6. Use all means necessary to protect "Project Record Documents" set from deterioration, loss or damage until completion of work.

1.3.7. Making Entries On "Project Record Documents" Drawings: Using an erasable color pencil, other than blue, not ink or indelible pencil, clearly describe change by note and by graphic line as required. Date entries. Call attention to entry by a "cloud" around area or areas affected. In event of overlapping changes, different colors may be used for each change.

1.3.7.1. Changes due to approved change orders may be indicated by referencing change order number and scope of change in lieu of revising "Project Record Documents".

1.3.7.2. Location and depth below finish grade or above ceilings and attic spaces of utilities shall be fully dimensioned and indicated on "Project Record Documents". Dimensions shall be taken to building lines or permanent landmarks.

MT. SAN ANTONIO COLLEGE PROJECT RECORD DOCUMENTS - 01720 Standard Specifications – Rev. 1/21/02 1 OF 4

1.4. PROJECT RECORD DRAWINGS AND SPECIFICATIONS

1.4.1. General:

1.4.1.1. Maintain, on daily basis, record drawings showing “as-built” conditions of project; subject to monthly review by Architect or Project Manager. The Contractor is responsible for providing reproducible drawings. Final inspection will not be scheduled until reproducible record drawings are turned over to the Project Manger.

1.4.1.2. Store documents separate from those used for construction.

1.4.1.3. At time of installation, installed locations of all work relating to above and underground utilities, architectural, structural, heating, ventilation, air conditioning, plumbing, electrical, and other scopes of work as may be required, shall be recorded on prints by Contractor, and reviewed with Project Manager. Do not conceal work until required information is recorded.

1.4.1.4. The Contractor will transfer installed locations to reproducible prints and submit prints for review by Architect through the Project Manager.

1.4.1.4.1. All information entered on reproducible prints shall be neat, legible, and emphasized by drawing “clouds” around changed items.

1.4.1.4.2. Locate and dimension all work, including stubs for future connections, with reference to permanent landmarks or buildings and indicate approximate depth below finish grade.

1.4.1.4.3. Symbols and designation used in preparing record drawings shall match those used in Contract Drawings.

1.4.1.5. Prior to final inspection, submit documents with transmittal letter containing date, project title, Contractor’s name and address, list of documents and signature of Contractor.

1.4.1.6. Failure of the Contractor to comply with this section in total or in part may constitute reason for the withholding of all or part of the monthly progress payment due to the Contractor for that month.

1.4.1.7. Contractor shall maintain one set of marked-up blueline prints and specifications kept at job site office and each month shall transfer changes and information indicated on the marked-up blueline prints to the reproducible drawings. Prior to processing the Contractor’s monthly payment request, Project Manager, Architect or District Representative will meet with the Contractor to review and verify that the Record Documents have been updated.

1.4.1.8. Label and date each Record Drawing “RECORD DOCUMENT” in legibly printed letters.

1.4.1.9. Deviations in construction, especially pipe and conduit locations and deviations caused by change orders, field clarifications, requests for clarification and addenda shall be accurately and legibly recorded by an approved, qualified delineator.


1.4.1.10. Locations and changes shall be done in a neat, legible manner and where applicable indicated by drawing a “cloud” around the changed or additional information.

1.4.1.11. Do not use Record Documents for Construction purposes.

1.4.2. Record Drawings Information:

1.4.2.1. Record the following information:

1.4.2.1.1 Locations of work buried under or outside each building, such as plumbing and electrical lines and conduits.

1.4.2.1.2 Actual numbering of each electrical circuit.

1.4.2.1.3 Locations of significant work concealed inside each building whose general locations are changed from those shown on the Contract.

1.4.2.1.4 Locations of all items, not necessarily concealed, which vary from the Contract Documents.

1.4.2.1.5 Installed location of all cathodic protection anodes.

1.4.2.1.6 Deviations from the sizes, locations and other features of installation shown in the Contract Documents.

1.4.2.1.7 Locations of underground work, points of connection with existing utilities, changes in direction, valves, manholes, catch basins, capped stubouts, invert elevations, etc.

1.4.2.1.8 Sufficient information to locate work concealed in each building with reasonable ease and accuracy; in some instances, this may be by dimension. In others, it may be in relation to the spaces in the building near which it was installed.

1.4.2.2. Provide additional drawings as necessary for clarification.

1.4.2.3. Provide reproducible record drawings made from final shop drawings marked “No Exceptions Taken”.

1.4.3. Record Specifications.

1.4.3.1. District Representative will provide Contractor with one (1) set of Contract Specifications which shall be labeled “Record Document” in legible letters.

1.4.3.2. Mark each section legibly to record manufacturer, trade name, catalog number and supplier of each product and item of equipment actually installed.

1.4.4. Maintenance of record documents: Store Record Documents in Contractor’s field office apart from documents used for construction.

1.4.5. The Architect's approval of current status of "Project Record Documents" will be a prerequisite to the Architect's approval of requests for progress payments and request for final payment.


1.4.5.1. Progress Approvals: Prior to submitting each request for progress payments, secure the District Inspector's approval of status of "Project Record Documents".

1.4.5.2. Prior to submitting request for final payment and final inspection, General Contractor shall submit "Project Record Documents" set to the District Inspector, with transmittal letter, in duplicate, for approval and further processing.

1.4.5.3. The General Contractor shall certify that the "Project Record Documents" are complete and accurately reflect all changes or modifications to the original Construction Documents.

END OF SECTION


SECTION 01740

WARRANTIES

1. PART 1 - GENERAL

1.1. STANDARD GUARANTEE

1.1.1. Guarantee all work executed under this Contract to be free of all defects of workmanship and materials for a period of one (1) year after completion and acceptance by District. Refer to General Conditions.

1.2. GUARANTEES/WARRANTIES OF MORE THAN ONE YEAR

1.2.1. Provide additional guarantees/warranties (in excess of one year) where specifically required by pertinent specification sections. Provide two (2) notarized copies of all such Contractor’s, subcontractor’s, supplier’s, and/or manufacturer’s guaranties/warranties.

1.3. SUBMITTAL REQUIREMENTS

1.3.1. Complete and submit “Guarantee Form” included in Section 01210.

1.3.2. Assemble Warranties and Service and Maintenance Contracts, executed by each of the respective Manufacturers, Suppliers, and Subcontractors.

1.3.2.1. Number of original signed copies required: Four (4) each.

1.3.2.2. Table of Contents: Neatly typed in orderly sequence.

1.3.2.3. Provide complete information for each one of the following items:

1.3.2.3.1. Product or Work Item.

1.3.2.3.2. Firm with name of principal, address, and telephone number.

1.3.2.3.3. Beginning date of Warranty or Service and Maintenance Contract.

1.3.2.3.4. Duration of Warranty or Service and Maintenance Contract.

1.3.2.3.5. Provide the following information for the District’s Personnel:

1.3.2.3.5.1. Procedures in case of failure of malfunction.

1.3.2.3.5.2. Instances which affect Warranty.

1.3.2.3.6. Contractor, name of responsible principal, address, and telephone number.

1.4. SUBMITTAL FORM

1.4.1. Submit four (4) sets, bound in 8-1/2” x 11” three-ring binders. Fold larger sheets to fit into binder.

MT. SAN ANTONIO COLLEGE WARRANTIES - 01740 Standard Specifications – Rev. 1/21/02 1 OF 2

1.4.1.1. Cover: Identify each packet with typed or printed title “WARRANTIES”. List: Project Title and Name of Contractor.

END OF SECTION

MT. SAN ANTONIO COLLEGE WARRANTIES - 01740 Standard Specifications – Rev. 1/21/02 2 OF 2

SECTION 01770

CONTRACT CLOSEOUT

PART 1 – GENERAL


A. Contract closeout procedures

1.2. RELATED REQUIREMENTS

A. General and Supplementary Conditions: Fiscal provisions, legal submittals and other administrative requirements.

B. Section 01300: Submittals. C. Section 01740: Cleaning Requirements D. Section 01783: Operation and Maintenance Data E. Section 01785: Warranties and Bonds F. Section 01720: Project Record Documents G. Section 01820 – Demonstration and Training

1.3. CONTRACT CLOSEOUT PROCEDURES

A. Comply with procedures stated in General Conditions of the Contract.

B. At such time as Contractor believes Project is complete in accordance with the Contract Documents, notify Project Manager in writing and request Contract Completion review, including Punch List and Final Inspection.

C. Preliminary Contract Closeout Review Meeting: Contractor will attend a meeting coordinated by the Project Manager to review contract closeout procedures as well as the Contractor’s preliminary Punch List of items to be corrected and/or completed to make the Work ready for acceptance by the District (Correction List).

1. Correction List shall include all items to be completed or corrected prior to the Contractor’s application for final payment.

2. Items shall be identified by location (room number or name) and consecutive number. For example, 307-5 would identify item 5 in Room 307; Roof-4 would identify item 4 on Roof.

3. The list shall be categorized to match the categories used for the Drawings. For example, list categories might include Architectural, Structural, Mechanical (HVAC), Plumbing, Fire Protection (sprinkler) system, Electrical and Equipment.

D. Architect, Project Manager, and Architects Consultants will conduct an inspection in order to determine acceptance of work and adequacy of the Correction List.

E. The Architect will prepare a Punch List of such items and transmit to Project Manager for issuance to Contractor.

F. Contractor shall complete all items on Punch List within 14 days of Substantial Completion, or as otherwise approved by the Project Manager in writing.

____________________________________________________________________________________________ BUILDING 23 RENOVATION FOR IT & PUBLIC SAFETY CONTRACT CLOSEOUT - 01770 MT. SAN ANTONIO COLLEGE PAGE 1 OF 3 BID NO. 3009 02/06/2015

G. Contract Completion Meeting: Following completion of Correction List items, submit to the Project Manager written certification that Contract Documents have been reviewed, Work has been inspected, and that Work is complete in accordance with Contract Documents and ready for Architect Final inspection.

H. Provide submittals to Project Manager required by governing or other authorities, including all DSA required forms and approvals.

I. Submit final Application for Payment identifying total adjusted Contract Sum, previous payments, and sum remaining due.

J. Upon completion of all work, Architect will perform a Final Inspection and recommend actions as defined by the General Conditions.

1.4. FINAL CLEANING

A. Execute final cleaning prior to occupancy inspection.

B. Perform final cleaning in compliance with requirements of Section 01740.

1.5. REMOVAL OF UTILITIES, FACILITIES AND CONTROLS

A. Each trade/subcontractor responsible for installation shall be responsible for and not limited to the following:

Remove temporary above grade or buried utilities, equipment, facilities, materials, prior to final inspection for payment application.

Remove underground installations to a minimum depth of two (2) feet.

Clean and repair damage caused by installation or use of temporary work.

Change temporary lock cylinders over to permanent keying and transmit keys to the Project Manager, unless otherwise directed or specified.

Restore existing facilities used during construction to original condition. Restore permanent facilities used during construction to specified condition.

1.6. PROJECT RECORD DRAWINGS AND SPECIFICATIONS

A. Comply with requirements of Section 01789 for preparation and maintenance of Project Record Documents

1.7. OPERATIONS AND MAINTENANCE DATA

A. Provide operations and maintenance data and manuals for other Sections as required by the Contract Documents in accordance with the procedures listed in Section 01783.

1.8. GUARANTIES, WARRANTIES AND BONDS

A. Provide all specified guarantees and warranties as required by the Contract Documents in accordance with the procedures listed in Section 01785.


1.9. SPARE PARTS, MAINTENANCE MATERIALS AND EXTRA STOCK

A. Provide products, spare parts, and maintenance materials in guaranties specified in each section, in addition to that used for construction of work. Coordinate with the Project Manager and deliver to project site. Provide with a detailed transmittal and obtain receipt prior to final payment.

END OF SECTION


SECTION 017800 - WARRANTIES AND BONDS PART 1 - GENERAL 1.1 DESCRIPTION

A. This Section specifies general administrative and procedural requirements for warranties and bonds required by the Contract Documents, including manufacturers’ standard warranties on products and special warranties.

B. Refer to the General Conditions for terms of the Contractor’s special warranty of

workmanship and materials, as well as form provided in Section 01315 – Project Forms.

C. Specific requirements for warranties for the Work and products and installations that

are specified to be warranted are included in the individual Sections of Division 2 through 16 of the Technical Specifications.

D. Certifications and other commitments and agreements for continuing services to the

District are specified elsewhere in the Contract Documents.

E. Disclaimers and Limitations: Manufacturer’s disclaimers and limitations on product warranties do not relieve the Contractor of the warranty on the Work that incorporates the products, nor does it relieve suppliers, manufacturers, and subcontractors required to countersign special warranties with the Contractor.

F. Further to Item E above, it is specifically required and acknowledged by this

Contractor that warranty periods on all equipment commences from date of District acceptance of the equipment and/or from the date of Substantial Completion, whichever is later. Therefore, start up of equipment and/or the use of equipment during construction shall not be construed as the qualifier for warranty period start.

1.2 DEFINITIONS

A. Standard Product Warranties are preprinted written warranties published by individual manufacturers for particular products and are specifically endorsed by the manufacturer to the District.

B. Special Warranties are written warranties required by or incorporated in the Contract

Documents, either to extend time limits provided by standard warranties or to provide greater rights for the District.

1.3 WARRANTY REQUIREMENTS

A. Related Damages and Losses: When correcting warranted Work that has failed, remove and replace other Work that has been damaged as a result of such failure or that must be removed and replaced to provide access for correction of warranted Work.

____________________________________________________________________________________________ BUILDING 23 RENOVATION FOR IT & PUBLIC SAFETY WARRANTIES & BONDS - 01780 MT. SAN ANTONIO COLLEGE PAGE 1 OF 3 BID NO. 3009 02/06/2015

B. Reinstatement of Warranty: When Work covered by a warranty has failed and been corrected by replacement or rebuilding, reinstate the warranty by written endorsement. The reinstated warranty shall be equal to the original warranty with an equitable adjustment for depreciation.

C. Replacement Cost: Upon determination that Work covered by a warranty has failed,

replace or rebuild the Work to an acceptable condition complying with requirements of Contract Documents. The Contractor is responsible for the cost of replacing or rebuilding defective Work regardless of whether the District has benefited from use of the Work through a portion of its anticipated useful service life.

D. District’s Recourse: Written warranties made to the District are in addition to implied

warranties, and shall not limit the duties, obligations, rights and remedies otherwise available under the law, nor shall warranty periods be interpreted as limitations on time in which the District can enforce such other duties, obligations, rights, or remedies. 1. Rejection of Warranties: The District reserves the right to reject warranties

and to limit selections to products with warranties not in conflict with requirements of the Contract Documents.

E. The District reserves the right to refuse to accept Work for the Project where a

special warranty, certification, or similar commitment is required on such Work or part of the Work, until evidence is presented that entitles required to countersign such commitments are willing to do so.

1.4 SUBMITTALS

A. Submit written warranties to the District’s Representative prior to the date certified for Substantial Completion. If the Certificate of Substantial Completion designates a commencement date for warranties other than the date of Substantial Completion for the Work, or a designated portion of the Work, submit written warranties upon request of the Engineer. 1. When a designated portion of the Work is completed and occupied or used

by the District, by separate agreement with the Contractor during the construction period, submit properly executed warranties to the Engineer within fifteen days of completion of that designated portion of the Work.

B. When a special warranty is required to be executed by the Contractor, or the

Contractor and a subcontractor, supplier or manufacturer, prepare a written document that contains appropriate terms and identification, ready for execution by the required parties. Submit a draft to the District through the District’s Representative for approval prior to final execution.

C. Form of Submittal: At Final Completion compile two copies of each required warranty

and bond properly executed by the Contractor, or by the Contractor’s subcontractor, supplier, or manufacturer. Organize the warranty documents into an orderly sequence based on the table of contents of the Project Manual. Use a form acceptable to the District.


D. Bind warranties and bonds in heavy-duty, commercial quality, durable 3-ring vinyl covered loose-leaf binders, thickness as necessary to accommodate contents, and sized to receive 8½ inch by 11-inch paper. 1. Provide heavy paper dividers with celluloid covered tabs for each separate

warranty. Mark the tab to identify the product or installation. Provide a typed description of the product or installation, including the name of the product, and the name, address and telephone number of the installer.

2. Identify each binder on the front and the spine with the typed or printed title “WARRANTIES AND BONDS”, the Project title or name, and the name of the Contractor.

3. When operating and maintenance manuals are required for warranted construction, provide additional copies of each required warranty, as necessary, for inclusion in each required manual.

PART 2 - PRODUCTS 2.1 NOT USED PART 3 - EXECUTION 3.1 NOT USED END OF SECTION 01780


PROJECT MANUAL

For

MT SAN ANTONIO COLLEGE Walnut, California

BUILDING 23 REMODEL

JANUARY 30, 2015

Prepared By

STEVEN FADER ARCHITECTS

3780 Wilshire Boulevard

Los Angeles, California 90010 (213) 383-1336

BUILDING 23 REMODEL MT. SAN ANTONIO COLLEGE, WALNUT, CA

Division Section Title Pages

DIVISION 02 - EXISTING CONDITIONS 024119 SELECTIVE DEMOLITION 2

DIVISION 05 - METALS 054000 COLD-FORMED METAL FRAMING 2

DIVISION 06 - WOOD, PLASTICS, AND COMPOSITES 064100 ARCHITECTURAL WOOD CASEWORK 3

DIVISION 08 - OPENINGS 081113 HOLLOW METAL DOORS AND FRAMES 2 081416 FLUSH WOOD DOORS 3 084113 ALUMINUM-FRAMED ENTRANCES AND STOREFRONTS 3 08625 TUBULAR DAYLIGHTNG DEVICE 6 087100 DOOR HARDWARE 23

DIVISION 09 - FINISHES 092900 GYPSUM BOARD 3 095100 ACOUSTICAL CEILINGS 2 099000 PAINTING AND COATING 2

DIVISION 10 - SPECIALTIES 101400 SIGNAGE 3 104400 FIRE PROTECTION SPECIALTIES 2

END OF TABLE OF CONTENTS

MT. SAN ANTONIO COLLEGE, WALNUT, CA BUILDING 23 REMODEL

SELECTIVE DEMOLITION 024119 - 1

SECTION 024119 - SELECTIVE DEMOLITION

PART 1 - GENERAL

1.1 SECTION REQUIREMENTS

A. Items indicated to be removed and salvaged remain Owner's property. Carefully detach from existing construction, in a manner to prevent damage, and deliver to Owner. Include fasteners or brackets needed for reattachment elsewhere.

B. Predemolition Photographs: Show existing conditions of adjoining construction and site improvements. Submit before Work begins.

C. Owner will occupy portions of building immediately adjacent to selective demolition area. Conduct selective demolition so Owner's operations will not be disrupted.

D. If hazardous materials are encountered, do not disturb; immediately notify Architect and Owner. Hazardous materials will be removed by Owner under a separate contract.

PART 2 - PRODUCTS

2.1 PEFORMANCE REQUIREMENTS

A. Regulatory Requirements: Comply with EPA regulations and with hauling and disposal regulations of authorities having jurisdiction.

B. Standards: Comply with ANSI/ASSE A10.6 and NFPA 241.

PART 3 - EXECUTION

3.1 DEMOLITION

A. Maintain services/systems indicated to remain and protect them against damage during selective demolition operations. Before proceeding with demolition, provide temporary services/systems that bypass area of selective demolition and that maintain continuity of services/systems to other parts of the building.

B. Locate, identify, shut off, disconnect, and seal or cap off indicated utility services and mechanical/electrical systems serving areas to be selectively demolished.

C. Refrigerant: Remove refrigerant from mechanical equipment to be selectively demolished according to 40 CFR 82 and regulations of authorities having jurisdiction.

D. Provide temporary barricades and other protection required to prevent injury to people and damage to adjacent buildings and facilities to remain.


SELECTIVE DEMOLITION 024119 - 2

E. Protect walls, ceilings, floors, and other existing finish work that are to remain. Erect and maintain dustproof partitions. Cover and protect furniture, furnishings, and equipment that have not been removed.

F. Provide and maintain shoring, bracing, and structural supports as required to preserve stability and prevent movement, settlement, or collapse of construction and finishes to remain, and to prevent unexpected or uncontrolled movement or collapse of construction being demolished.

G. Provide temporary weather protection to prevent water leakage and damage to structure and interior areas.

H. Requirements for Building Reuse:

1. Maintain existing building structure (including structural floor and roof decking) and envelope (exterior skin and framing, door and window assemblies and nonstructural roofing material) not indicated to be demolished; do not demolish such existing construction beyond indicated limits.

2. Maintain existing interior nonstructural elements (interior walls, doors, floor coverings, and ceiling systems) not indicated to be demolished; do not demolish such existing construction beyond indicated limits.

I. Neatly cut openings and holes plumb, square, and true to dimensions required. Use cutting methods least likely to damage construction to remain or adjoining construction.

J. Remove demolition waste materials from Project site and legally dispose of them. Do not burn demolished materials.

K. Clean adjacent structures and improvements of dust, dirt, and debris caused by selective demolition operations. Return adjacent areas to condition existing before selective demolition operations began.



COLD-FORMED METAL FRAMING 054000 - 1

SECTION 054000 - COLD-FORMED METAL FRAMING

PART 1 - GENERAL


A. Non-load bearing and load bearing metal framing for gypsum board walls and ceilings.

B. Protect cold-formed metal framing from corrosion, deformation, and other damage during delivery, storage, and handling.

PART 2 - PRODUCTS

2.1 PERFORMANCE REQUIREMENTS

A. Comply with AISI's "Standard for Cold-Formed Steel Framing”

B. Comply with AWS D1.3, "Structural Welding Code - Sheet Steel."

2.2 MATERIALS

A. Recycled Content of Steel Products: Postconsumer recycled content plus one-half of preconsumer recycled content not less than 25 percent.

B. Galvanized-Steel Sheet: ASTM A 653/A 653M, G60 (Z180) zinc coated; Structural Steel (SS); Grade 50 (340), Class 1 or 2.

C. Steel Studs: C-shaped, with flange width of not less than 1-5/8 inches (41 mm), with minimum uncoated steel thickness and depths indicated.

D. Steel Joists: C-shaped, with flange width of not less than 1-5/8 inches (41 mm), with minimum uncoated steel design thickness and depths indicated.

E. Steel Track: U-shaped, minimum uncoated metal thickness same as studs or joists used with track, with flange widths of 1-1/4 inches (32 mm) for studs and 1-5/8 inches (41 mm) for joists, of web depths indicated.

2.3 ACCESSORIES

A. Accessories: Fabricate from the same material and finish used for framing members, of manufacturer's standard thickness and configuration, unless otherwise indicated.

B. Cast-in-Place Anchor Bolts: ASTM F 1554, Grade 36, threaded carbon-steel hex-headed bolts and carbon-steel nuts; and flat, hardened-steel washers; zinc coated by hot-dip process according to ASTM A 153/A 153M, Class C.


COLD-FORMED METAL FRAMING 054000 - 2

C. Mechanical Fasteners: Corrosion-resistant coated, self-drilling, self-threading steel drill screws.

D. Insulation: ASTM C 665, Type I, unfaced mineral-fiber blankets.

E. Galvanizing Repair Paint: SSPC-Paint 20 or DOD-P-21035.

PART 3 - EXECUTION

3.1 FRAMING

A. Install framing and accessories level, plumb, square, and true to line, and securely fastened, according to ASTM C 1007. Temporarily brace framing until entire integrated supporting structure has been completed and permanent connections are secured.

1. Cut framing members by sawing or shearing; do not torch cut. 2. Fasten framing members by welding or screw fastening. 3. Install insulation in built-up exterior framing members, and where indicated. 4. Fasten reinforcement plates over web penetrations larger than standard punched

openings.

B. Erection Tolerances: Install cold-formed metal framing with a maximum variation of 1/8 inch in 10 feet (1:960) and with individual framing members no more than plus or minus 1/8 inch (3 mm) from plan location. Cumulative error shall not exceed minimum fastening requirements of sheathing or other finishing materials.

C. Studs: Install continuous top and bottom tracks securely anchored at corners and ends. Squarely seat studs against webs of top and bottom tracks. Space studs as indicated, set plumb, align, and fasten both flanges of studs per details.

1. Install and fasten horizontal bridging in stud system, spaced in rows not more than 48 inches (1219 mm) apart.

2. Install steel-sheet diagonal bracing straps to both stud flanges, terminate at and fasten to reinforced top and bottom track and anchor to structure.

3. Install miscellaneous framing and connections to provide a complete and stable wall-framing system.

4. Isolate non-load-bearing, curtain-wall framing from building structure using vertical slide clips or deflection track to prevent transfer of vertical loads while providing lateral support.

D. Joists: Install and securely anchor perimeter joist track sized to match joists. Install joists bearing on supporting framing, brace and reinforce, and fasten to both flanges of joist track.

1. Install bridging and fasten bridging at each joist intersection. 2. Install miscellaneous joist framing and connections, including web stiffeners, closure

pieces, clip angles, continuous angles, hold-down angles, anchors, and fasteners.



ARCHITECTURAL WOOD CASEWORK 064100 - 1

SECTION 064100 - ARCHITECTURAL WOOD CASEWORK

PART 1 - GENERAL


A. Submittals: Shop Drawings.

B. Fabricator Qualifications: 10 years experience complying with AWI/WI Quality Standards.

C. Installer Qualifications: Fabricator of products.

D. Environmental Limitations: Do not deliver or install woodwork until building is enclosed, wet work is completed, and HVAC system is operating.

PART 2 - PRODUCTS

2.1 ARCHITECTURAL CABINETS

A. Quality Standard: AWI, AWMAC, and WI's "Architectural Woodwork Standards."

B. Certified Wood: Wood-based materials produced from tropical forests shall be certified as "FSC Pure" or "FSC Mixed Credit" according to FSC STD-01-001, "FSC Principles and Criteria for Forest Stewardship," and to FSC STD-40-004, "FSC Standard for Chain of Custody Certification."

C. Plastic-Laminate Cabinets: Custom grade.

1. Type of Construction: Frameless. 2. Cabinet and Door and Drawer Front Interface Style: Flush overlay. 3. Laminate Cladding: High pressure decorative plastic laminate, minimum 0.050” thick,

Grade GP50 that meets or exceeds the requirements of NEMA LD3 for general purpose high pressure decorative plastic laminate. Colors to be selected.

4. Edge Banding: HPL laminate. 5. Drawer Sides and Back: Solid hardwood. 6. Drawer Bottoms: Hardwood Plywood 7. Semi-exposed Areas: Melamine

2.2 MATERIALS

A. Wood Moisture Content: 5 to 10 percent.

B. Medium-Density Fiberboard: ANSI A208.2, Grade 130, made with binder containing no urea formaldehyde.

C. Particleboard: ANSI A208.1, Grade M-2, made with binder containing no urea formaldehyde.



D. Veneer-Faced Panel Products (Hardwood Plywood): HPVA HP-1.

E. High-Pressure Decorative Laminate: NEMA LD 3.

1. Manufacturers: One of the following:

a. Abet Laminati, Inc. b. Formica Corporation. c. Lamin-Art, Inc. d. Pionite, Inc. e. Wilsonart International; Div. of Premark International, Inc. f. Nevamar Corporation.

F. Solid Surfacing


a. Silestone b. Dupont Zodiac c. Corian d. Avonite

2.3 CABINET HARDWARE AND ACCESSORY MATERIALS

A. Frameless Concealed Hinges (European Type): BHMA A156.9, B01602, 170 degrees of opening, self-closing.

B. Wire Pulls: Back mounted, solid metal or plastic, 4 inches (100 mm) long, 5/16 inch (8 mm) in diameter.

C. Adjustable Shelf Standards and Supports: BHMA A156.9, B04071; with shelf rests, B04081.

D. Shelf Rests: BHMA A156.9, B04013; metal.

E. Drawer Slides: BHMA A156.9, B05091.

F. Drawer Locks: BHMA A156.11, E07041.

G. Exposed Hardware Finishes: Comply with BHMA A156.18 for BHMA code number indicated.

1. Finish: Per owner selection.

H. Furring, Blocking, Shims, and Hanging Strips: lumber, kiln dried to 15 percent moisture content.

2.4 FABRICATION

A. Complete fabrication to maximum extent possible before shipment to Project site. Disassemble components only as necessary for shipment and installation. Where necessary for fitting at site, provide ample allowance for scribing, trimming, and fitting.

http://www.specagent.com/LookUp/?ulid=6358&mf=04&src=wd

http://www.specagent.com/LookUp/?uid=123456831398&mf=04&src=wd







PART 3 - EXECUTION

3.1 INSTALLATION

A. Before installation, condition cabinets to average prevailing humidity conditions in installation areas.

B. Install cabinets to comply with referenced quality standard for grade specified.

C. Install cabinets level, plumb, true, and straight. Shim as required with concealed shims. Install level and plumb (including tops) to a tolerance of 1/8 inch in 96 inches (3 mm in 2400 mm).

D. Scribe and cut cabinets to fit adjoining work, refinish cut surfaces, and repair damaged finish at cuts.

E. Anchor cabinets to anchors or blocking built in or directly attached to substrates. Fasten with countersunk concealed fasteners and blind nailing. Use fine finishing nails or finishing screws for exposed nailing, countersunk and filled flush.

F. Cabinets: Install so doors and drawers are accurately aligned. Adjust hardware to center doors and drawers in openings and to provide unencumbered operation.

1. Fasten wall cabinets through back, near top and bottom, at ends and not more than 16 inches (400 mm) o.c. with No. 10 wafer-head screws sized for 1-inch (25-mm) penetration into wood framing, blocking, or hanging strips or No. 10 wafer-head sheet metal screws through metal backing or metal framing behind wall finish or toggle bolts through metal backing or metal framing behind wall finish.



HOLLOW METAL DOORS AND FRAMES 081113 - 1

SECTION 081113 - HOLLOW METAL DOORS AND FRAMES

PART 1 - GENERAL


A. Submittals: Product Data.

PART 2 - PRODUCTS

2.1 HOLLOW METAL DOORS AND FRAMES

A. Manufacturers: Any manufacturer belonging to the Steel Door Institute

B. Fire-Rated Doors and Frames: Labeled by a testing and inspecting agency acceptable to authorities having jurisdiction, based on testing at positive pressure according to NFPA 252 or UL 10C.

C. Smoke- and Draft-Control Door Assemblies: Listed and labeled for smoke and draft control, based on testing according to UL 1784 and installed in compliance with NFPA 105.

D. Doors: Complying with SDI A250.8 for level and model and SDI A250.4 for physical-endurance level indicated, 1-3/4 inches (44 mm) thick unless otherwise indicated.

1. Exterior Doors: Level 3 and Physical Performance Level A (Extra Heavy Duty), face sheets 16 gauge, metallic coated steel sheet faces.

2. Hardware Reinforcement: Fabricate according to SDI A250.6 with reinforcement plates from same material as door face sheets.

E. Frames: ANSI A250.8; conceal fastenings unless otherwise indicated.

1. Steel Sheet for Exterior Frames: 14 gauge, metallic coated 2. Exterior Frame Construction: welded 3. Hardware Reinforcement: Fabricate according to ANSI/SDI A250.6 with reinforcement

plates from same material as frames. 4. Frame Anchors: Not less than 0.042 inch (1.0 mm) thick.

F. Glazing Stops: Nonremovable stops on outside of exterior doors and on secure side of interior doors; screw-applied, removable, glazing stops on inside, fabricated from same material as door face sheet in which they are installed.

G. Door Louvers: Sight proof per SDI 111C.

1. Fire-Rated Automatic Louvers: Actuated by fusible links and listed and labeled.



HOLLOW METAL DOORS AND FRAMES 081113 - 2

H. Door Silencers: Three on strike jambs of single-door frames and two on heads of double-door frames.

I. Grout Guards: Provide where mortar might obstruct hardware operation.

J. Prepare doors and frames to receive mortised and concealed hardware according to SDI A250.6 and BHMA A156.115.

K. Reinforce doors and frames to receive surface-applied hardware.

L. Prime Finish: Manufacturer's standard, factory-applied coat of lead- and chromate-free primer complying with SDI A250.10 acceptance criteria.

2.2 MATERIALS

A. Cold-Rolled Steel Sheet: ASTM A 1008/A 1008M, suitable for exposed applications.

B. Hot-Rolled Steel Sheet: ASTM A 1011/A 1011M, free of scale, pitting, or surface defects.

C. Metallic-Coated Steel Sheet: ASTM A 653/A 653M

D. Frame Anchors: ASTM A 879/A 879M, 4Z (12G) coating designation; mill phosphatized.

1. For anchors built into exterior walls, sheet steel complying with ASTM A 1008/A 1008M or ASTM A 1011/A 1011M, hot-dip galvanized according to ASTM A 153/A 153M, Class B.

E. Inserts, Bolts, and Fasteners: Hot-dip galvanized according to ASTM A 153/A 153M.

PART 3 - EXECUTION

3.1 INSTALLATION

A. Install hollow metal frames to comply with SDI A250.11.

1. Fire-Rated Frames: Install according to NFPA 80.

B. Install doors to provide clearances between doors and frames as indicated in SDI A250.11.

C. Prime-Coat Touchup: Immediately after erection, sand smooth rusted or damaged areas of prime coat and apply touchup of compatible air-drying rust-inhibitive primer. Use galvanizing repair paint for metallic coated surfaces.



FLUSH WOOD DOORS 081416 - 1

SECTION 081416 - FLUSH WOOD DOORS

PART 1 - GENERAL


A. Submittals: Product data

PART 2 - PRODUCTS

2.1 Manufacturers: One of the following:

A. Algoma Hardwoods, Inc.

B. Buell Door Company Inc.

C. Eggers Industries.

D. Marshfield Door Systems, Inc.

E. Oshkosh Architectural Door Company.

F. VT Industries Inc.

2.2 DOOR CONSTRUCTION, GENERAL

A. Quality Standard: WDMA I.S.1-A.

B. Fire-Rated Wood Doors: Labeled by a testing and inspecting agency acceptable to authorities having jurisdiction based on testing at positive pressure according to NFPA 252 or UL 10C.

C. Smoke- and Draft-Control Door Assemblies: Listed and labeled for smoke and draft control, based on testing according to UL 1784 and installed in compliance with NFPA 105.

D. Certified Wood: Wood doors shall be certified as "FSC Pure" or "FSC Mixed Credit" according to FSC STD-01-001, "FSC Principles and Criteria for Forest Stewardship," and to FSC STD-40-004, "FSC Standard for Chain of Custody Certification."

E. Low-Emitting Materials: Provide doors made with adhesives and composite wood products that do not contain urea formaldehyde.

F. WDMA I.S.1-A Performance Grade:

1. Heavy Duty unless otherwise indicated. 2. Extra Heavy Duty: Classrooms, Public toilets and where indicated. 3. Standard Duty: Closets (not including janitor's closets) and where indicated.










G. Particleboard-Core Doors: Provide blocking in particleboard cores or provide structural composite lumber cores instead of particleboard cores for doors with exit devices or protection plates.

H. Fire-Protection-Rated Doors: Provide core specified or mineral core as needed to provide fire-protection rating indicated. Provide the following for mineral-core doors:

1. Composite blocking where required to eliminate through-bolting hardware. 2. Laminated-edge construction. 3. Formed-steel edges and astragals for pairs of doors.

2.3 FLUSH WOOD DOORS

A. Doors for Opaque Finish:

1. Interior Solid-Core Doors: Premium grade, particleboard cores.

a. Faces: Medium-density overlay.

2.4 FABRICATION AND FINISHING

A. Factory fit doors to suit frame-opening sizes indicated and to comply with clearances specified.

B. Factory machine doors for hardware that is not surface applied. Locate hardware to comply with DHI-WDHS-3.

C. Cut and trim openings to comply with referenced standards.

1. Trim light openings with moldings indicated. 2. Factory install glazing in doors indicated to be factory finished. 3. Factory install louvers in prepared openings.

PART 3 - EXECUTION

3.1 INSTALLATION

A. Install doors to comply with manufacturer's written instructions and WDMA I.S.1-A, and as indicated.

1. Install fire-rated doors to comply with NFPA 80.

B. Align and fit doors in frames with uniform clearances and bevels. Machine doors for hardware. Seal cut surfaces after fitting and machining.

C. Clearances: As follows unless otherwise indicated:

1. 1/8 inch (3.2 mm) at heads, jambs, and between pairs of doors. 2. 1/8 inch (3.2 mm) from bottom of door to top of decorative floor finish or covering.



3. 1/4 inch (6.4 mm) from bottom of door to top of threshold. 4. Comply with NFPA 80 for fire-rated doors.

D. Repair, refinish, or replace factory-finished doors damaged during installation, as directed by Architect.



ALUMINUM-FRAMED ENTRANCES AND STOREFRONTS 084113 - 1

SECTION 084113 - ALUMINUM-FRAMED ENTRANCES AND STOREFRONTS

PART 1 - GENERAL


A. Submittals: Product Data, Shop Drawings, and color Samples.

1. For entrance doors, include hardware schedule.

PART 2 - PRODUCTS

2.1 ALUMINUM-FRAMED STOREFRONTS

A. Basis-of-Design Product: Product indicated on Drawings or a comparable product of one of the following:

1. Arcadia, Inc. 2. EFCO Corporation. 3. Kawneer North America; an Alcoa company. 4. United States Aluminum. 5. Vistawall Architectural Products; The Vistawall Group; a Bluescope Steel company.

B. Accessible Entrances: Comply with ICC A117.1.

C. Performance Requirements:

1. Limit deflection of framing members normal to wall plane to 1/175 of clear span for spans up to 13 feet 6 inches (4.1 m) and to 1/240 of clear span plus 1/4 inch (6.35 mm) for spans greater than 13 feet 6 inches (4.1 m) or an amount that restricts edge deflection of individual glazing lites to 3/4 inch (19 mm), whichever is less.

2. Limit deflection of framing members parallel to glazing plane to L/360 of clear span or 1/8 inch (3.2 mm), whichever is smaller.

3. Structural Testing: Systems tested according to ASTM E 330 at 150 percent of inward and outward wind-load design pressures do not evidence material failures, structural distress, deflection failures, or permanent deformation of main framing members exceeding 0.2 percent of clear span.

4. Air Infiltration: Limited to 0.06 cfm/sq. ft. (0.03 L/s per sq. m) of system surface area when tested according to ASTM E 283 at a static-air-pressure difference of 6.24 lbf/sq. ft. (300 Pa).

5. Water Penetration: Systems do not evidence water leakage when tested according to ASTM E 331 at minimum differential pressure of 20 percent of positive wind-load design pressure, but not less than 6.24 lbf/sq. ft. (300 Pa).

6. Thermal Conductance: Average U-factor of not more than 0.69 Btu/sq. ft. x h x deg F (3.92 W/sq. m x K) when tested according to AAMA 1503.

7. Windborne-Debris Resistance: Framing system and doors pass protection testing requirements in ASTM E 1996 when tested according to ASTM E 1886.









D. Aluminum: Alloy and temper recommended by manufacturer for type of use and finish indicated; ASTM B 209 (ASTM B 209M) sheet; ASTM B 221 (ASTM B 221M) extrusions.

E. Glazing: As specified in Section 088000 "Glazing."

F. Framing Members: Manufacturer's standard extruded-aluminum framing members of thickness required and reinforced as required to support imposed loads.

G. Doors: 1-3/4-inch- (44.5-mm-) thick glazed doors with minimum 0.125-inch- (3.2-mm-) thick, extruded-aluminum tubular rail and stile members. Mechanically fasten corners with reinforcing brackets that are deeply penetrated and fillet welded or that incorporate concealed tie rods. Provide snap-on extruded-aluminum glazing stops, and preformed gaskets.

1. Door Design: Match existing 2. Accessible Doors: Smooth surfaced for width of door in area within 10 inches (255 mm)

above floor or ground plane. 3. Interior Doors: Provide BHMA A156.16 silencers, three on strike jamb of single-door

frames and two on head of double-door frames. 4. Exterior Doors: Provide compression weather stripping at fixed stops. At other

locations, provide sliding weather stripping retained in adjustable strip mortised into door edge.

5. Hardware: As specified in Section 087100 "Door Hardware."

H. Fasteners and Accessories: Compatible with adjacent materials, corrosion resistant, nonstaining, and nonbleeding. Use concealed fasteners except for application of door hardware.

I. Fabrication: Fabricate framing in profiles indicated for flush glazing (without projecting stops). Provide subframes and reinforcing of types indicated or, if not indicated, as required for a complete system. Factory assemble components to greatest extent possible. Disassemble components only as necessary for shipment and installation.

1. Door Framing: Reinforce to support imposed loads. Factory assemble door and frame units and factory install hardware to greatest extent possible. Reinforce door and frame units for hardware indicated. Cut, drill, and tap for factory-installed hardware before finishing components.

J. Aluminum Finish: Match existing

PART 3 - EXECUTION

3.1 INSTALLATION

A. Isolate metal surfaces in contact with incompatible materials, including wood, by painting contact surfaces with bituminous coating or primer, or by applying sealant or tape recommended by manufacturer.

B. Install components to drain water passing joints, condensation occurring within framing members, and moisture migrating within the system to exterior.



C. Set continuous sill members and flashing in full sealant bed as specified in Section 079200 "Joint Sealants" to produce weathertight installation.

D. Install framing components true in alignment with established lines and grades to the following tolerances:

1. Variation from Plane: Limit to 1/8 inch in 12 feet (3 mm in 3.7 m); 1/4 inch (6 mm) over total length.

2. Alignment: For surfaces abutting in line, limit offset to 1/16 inch (1.5 mm). For surfaces meeting at corners, limit offset to 1/32 inch (0.8 mm).

3. Diagonal Measurements: Limit difference between diagonal measurements to 1/8 inch (3 mm).

E. Install doors without warp or rack. Adjust doors and hardware to provide tight fit at contact points and smooth operation.



TUBULAR DAYLIGHTING DEVICE 08625 - 1

SECTION 08625 – TUBULAR DAYLIGHTING DEVICE

PART 1 GENERAL 1.1 SECTION INCLUDES

A. Tubular daylighting device, consisting of roof dome, reflective tube, and diffuser assembly; configuration as indicated on the drawings.

B. Accessories.


A. Section 07311 - Asphalt Shingles: Flashing of skylight base.

B. Section 07320 - Roof Tiles: Flashing of skylight base.

C. Section 07510 - Built-Up Bituminous Roofing: Flashing of skylight base.

D. Section 07530 - Electrometric Membrane Roofing: Flashing of skylight base.

E. Section 07550 - Modified Bituminous Membrane Roofing: Flashing of skylight base.

F. Section 07600 – Flashing: Metal flashings.

G. Section 08620 - Unit Skylights: Skylights without reflective tube.

H. Section 08630 - Metal Framed Skylights.

I. Section 15810 - Ducts: Fan vent duct and connections.

J. Section 16150 - Equipment Wiring: Electrical connections.

K. Section 16500 – Lighting Equipment and Controls: Light bulbs and lamps. 1.3 REFERENCES

A. ASTM B 209 - Standard Specification for Aluminum and Aluminum-Alloy Sheet and Plate.

B. ASTM E 84 - Standard Test Method for Surface Burning Characteristics of Building Materials; 2008a.

C. ASTM A 463/A 463M - Standard Specification for Steel Sheet, Aluminum Coated, by the Hot

Dip Process; 2006.

D. ASTM A 653/A 653M - Standard Specification for Steel Sheet, Zinc Coated (Galvanized), by the Hot Dip Process; 2007.

E. ASTM A792/A 792M – Standard Specification for Steel Sheet, 55% Aluminum-Zinc Alloy-

Coated by the Hot-Dip Process



F. ASTM E 283 - Test Method for Rate of Air Leakage Through Exterior Windows, Curtain Walls, and Doors Under Specified Pressure Differences Across the Specimen; 2004.

G. ASTM E 308 - Standard Practice for Computing the Colors of Objects by Using the CIE

System; 2006.

H. ASTM E 330 - Structural Performance of Exterior Windows, Curtain Walls and Doors; 2002.

I. ASTM E 547 - Test Method for Water Penetration of Exterior Windows, Skylights, Doors and Curtain walls by Cyclic Air Pressure Difference; 2000.

J. ASTM E 1886 - Standard Test Method for Performance of Exterior Windows, Curtain Walls, Doors, and Impact Protective Systems Impacted by Missile(s) and Exposed to Cyclic Pressure Differentials.

K. ASTM E 1996 - Standard Specification for Performance of Exterior Windows, Curtain Walls,

Doors, and Impact Protective Systems Impacted by Windborne Debris in Hurricane

L. ASTM D 635 - Test Method for Rate of Burning and/or Extent of Time of Burning of Self-Supporting Plastics in a Horizontal Position; 2006.

M. ASTM D-1929 - Test Method for Ignition Properties of Plastics; 1996 (2001).

N. UL 181 - Factory Made Air Ducts and Air Connectors

O. ICC AC-16 - Acceptance Criteria for Plastic Skylights; 2008.

P. Florida Building Code TAS 201 – Impact Test Procedures.

Q. Florida Building Code TAS 202 – Criteria for Testing Impact and Non Impact Resistant

Building Envelope Components Using Uniform Static Air Pressure Loading.

R. Florida Building Code TAS 203 – Criteria for Testing Products Subject to Cyclic Wind Pressure Loading


A. Completed tubular daylighting device assemblies shall be capable of meeting the following performance requirements: 1. Air Infiltration Test: Air infiltration will not exceed 0.30 cfm/sf aperture with a pressure

delta of 1.57 psf across the tube when tested in accordance with ASTM E 283. 2. Water Resistance Test: No uncontrolled water leakage at 10.5 psf pressure

differential with water rate of 5 gallons/hour/sf when tested in accordance with ASTM E 547.

3. Uniform Load Test: a. No breakage, permanent damage to fasteners, hardware parts, or damage to

make system inoperable or cause excessive permanent deflection of any section when tested at a Positive Load of 150 psf (7.18 kPa) or Negative Load of 60 psf (2.87 kPa) in accordance with ICC AC-16 Section A, or Negative Load of 70 psf (3.35 kPA) if tested per ICC AC-16 Section B.

b. All units shall be tested with a safety factor of (3) for positive pressure and (2) for negative pressure, acting normal to plane of roof in accordance with ASTM E 330.

4. Hurricane Resistance:



a. Meets Florida Building Code TAS, 201, TAS, 202 and TAS 203 for Impact and non impact components.

b. Meets ASTM E 1886 and ASTM E1996 for missile and cyclic pressure differential testing.

5. Fire Testing: a. When used with the Dome Edge Protection Band, all domes meet fire rating

requirements as described in the 2006 International Building Code. b. Self-Ignition Temperature - Greater than 650 degrees F per ASTM D-1929. c. Smoke Density - Rating no greater than 450 per ASTM Standard E 84 in way

intended for use. Classification C. d. Rate of Burn and/or Extent - Maximum Burning Rate: 2.5 inches/min (62

mm/min) Classification CC-2 per ASTM D 635. e. Rate of Burn and/or Extent - Maximum Burn Extent: 1 inch (25 mm)

Classification CC-1 per ASTM D 635. 1.5 SUBMITTALS

A. Submit under provisions of Section 01300.

B. Product Data: Manufacturer's data sheets on each product to be used, including: 1. Preparation instructions and recommendations. 2. Storage and handling requirements and recommendations. 3. Installation methods.

C. Shop Drawings. Submit shop drawings showing layout, profiles and product components,

including anchorage, flashings and accessories.

D. Verification Samples: As requested by Architect.

E. Test Reports: Independent testing agency or evaluation service reports verifying compliance with specified performance requirements.

F. LEED Submittals: Provide documentation of how the requirements of Credit will be met:

1. List of Daylight Credits available for the products specified. 2. Data on Energy Optimization Performance Credits for the products specified. 3. Data on Regional Credits which may be available for the project location. (LEED 2.1) 4. Data on Perimeter and Non-Perimeter Controllability of Systems for use of Daylight

Dimmer option with the products specified. 5. Data on potential Innovation in Design Credits which may be available for the

innovative use of the products specified. 1.6 QUALITY ASSURANCE

A. Manufacturer Qualifications: Engaged in manufacture of tubular daylighting devices for minimum 15 years.

1.7 DELIVERY, STORAGE, AND HANDLING

A. Store products in manufacturer's unopened packaging until ready for installation.

B. Store and dispose of solvent-based materials, and materials used with solvent-based materials, in accordance with requirements of local authorities having jurisdiction.

1.8 PROJECT CONDITIONS



A. Maintain environmental conditions (temperature, humidity, and ventilation) within limits recommended by manufacturer for optimum results. Do not install products under environmental conditions outside manufacturer's absolute limits.

1.9 WARRANTY

A. Daylighting Device: Manufacturer's standard warranty for 10 years.

B. Electrical Parts: Manufacturer's standard warranty for 5 years, unless otherwise indicated. PART 2 PRODUCTS 2.1 MANUFACTURERS

A. Acceptable Manufacturer: Solatube International, Inc.; 2210 Oak Ridge Way, Vista, CA 92081. Michael Sather. ASD. Tel. Toll Free: 888-765-2882. Tel: (760) 477-1120. Fax: (760) 597-4488. Email: [email protected]. Web: www.solatube.com.

B. Requests for substitutions will be considered in accordance with provisions of Section 01600.

C. Requests for substitutions will be considered provided a lighting layout with photometric data

is supplied to demonstrate light levels will meet original design intent. 2.2 TUBULAR DAYLIGHTING DEVICES

A. Tubular Daylighting Devices General : Transparent roof-mounted skylight dome and self-flashing curb, reflective tube, and ceiling level diffuser assembly, transferring sunlight to interior spaces; complying with ICC AC-16.

B. Brighten Up Series: Solatube Model 290 DS: 14 Inch (350 mm) Daylighting System: 1. Roof Dome Assembly: Transparent, UV and impact resistant dome with flashing base

supporting dome and top of tube. a. Outer Dome Glazing: Type DA, 0.125 inch (3.25 mm) minimum thickness

impact resistant injection molded acrylic classified as CC2 material; UV inhibiting (100 percent UV C, 100 percent UV B and 98.5 percent UV A), impact modified acrylic blend.

b. Raybender 3000: Variable prism optic molded into outer dome to capture low angle sunlight and limit high angle sunlight.

c. LightTracker Reflector: Aluminum sheet, thickness 0.015 inch (0.4 mm) with Spectralight Infinity. Positioned in dome to capture low angle sunlight.

2. Flashing Base: One piece, seamless, leak-proof flashing functioning as base support for dome and top of tube. a. Base Material: Sheet steel, corrosion resistant, meeting ASTM A 653/A 653M

or ASTM A 463/A 463M or ASTM A792/A 792M, 0.028 inch (0.7 mm) plus or minus .006 inch (.015 mm) thick.

b. Base Style: Type FC, Curb cap, with inside dimensions of 27 inches by 27 inches (685 mm x 685 mm) to cover curb as specified in Section 07600.

c. Curb Cap Insulation: Type CCI, Nominal 1 inch thick thermal isolation pad to reduce thermal conductionbetween curb-cap and tubing and thermal convection between room air and curb-cap. Rated R-6 (OFxft2xhr/Btu) Insulation isPolyisocyanurate foam utilizing CFC, HCFC, & HFC free blowing agent. Type-1 Class-1 per ASTM C 1289; Passes UL 1715 (15-minutethermal barrier per IBC 2603.4); Attic ventilation may be required per IBC 1203.2(OFxft2xhr/Btu).


http://www.solatube.com/



3. Tube Ring: Attached to top of base section; 0.090 inch (2.3 mm) nominal thickness injection molded high impact acrylic; to prevent thermal bridging between base flashing and tubing and channel condensed moisture out of tubing.

4. Reflective Extension Tube: Aluminum sheet, thickness 0.015 inch (0.4 mm). a. Interior Finish: Spectralight Infinity high reflectance specular finish on exposed

reflective surface. Visible spectrum (400 nm to 760 nm) greater than 99 percent. Total solar spectrum (400 nm to 2500 nm) less than 80.2 percent.

b. Color: a* and b* (defined by CIE L*a*b* color model) shall not exceed plus 2 or be less than minus 2 as determined in accordance to ASTM E 308.

c. Tube Diameter: Approximately 14 inches (356 mm). 5. Reflective 30 degree Adjustable tube: Aluminum sheet, thickness .015 inch (0.4 mm)

a. Interior Finish: Spectralight Infinity high reflectance specular finish on exposed reflective surface. Visible spectrum (400 nm to 760 nm) greater than 99 percent. Total solar spectrum (400 nm to 2500 nm) less than 80.2 percent.

6. Ceiling Ring: Injection molded impact resistant acrylic. Nominal thickness is 0.110 inches (2.8 mm).

7. Dual Glazed Diffuser Assembly: a. Lower glazing with integral injection molded acrylic Dress Ring classified as

CC2 material. Nominal thickness is 0.110 inches (2.8 mm): 1) Classic Vusion Diffuser: Molded acrylic plastic classified as CC2 material

(nominal thickness 0.090 inches (2.29 mm) with injection molded acrylic Diffuser Trim Ring. Type L4.

b. Upper glazing: PET GAG plastic with EPDM low density sponge seal to minimize condensation and bug, dirt, and air infiltration per ASTM E283. The nominal thickness is 0.039 inches (0.99 mm). 1) Natural Effect Lens: Type LN.

2.3 ACCESSORIES

A. Fasteners: Same material as metals being fastened, non-magnetic steel, non-corrosive metal of type recommended by manufacturer, or injection molded nylon.

B. Sealant: Polyurethane or copolymer based elastomeric sealant as provided or recommended by manufacturer.

PART 3 EXECUTION 3.1 EXAMINATION

A. Do not begin installation until substrates have been properly prepared.

B. If substrate preparation is the responsibility of another installer, notify Architect of unsatisfactory preparation before proceeding.

3.2 PREPARATION

A. Clean surfaces thoroughly prior to installation.

B. Prepare surfaces using the methods recommended by the manufacturer for achieving the best result for the substrate under the project conditions.

3.3 INSTALLATION

A. Install in accordance with manufacturer's printed instructions.



B. Installer to wear sunglasses.

C. After installation of first unit, field test to determine adequacy of installation. Conduct water

test in presence of Owner, Architect, or Contractor, or their designated representative. Correct if needed before proceeding with installation of subsequent units.

3.4 PROTECTION

A. Protect installed products until completion of project.

B. Touch-up, repair or replace damaged products before Substantial Completion.

END OF SECTION


DOOR HARDWARE 087100-1

SECTION 087100 – DOOR HARDWARE

PART 1 - GENERAL

1.1 RELATED DOCUMENTS

A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section.

1.2 SUMMARY

A. Section includes:

1. Mechanical and electrified door hardware for the following:

a. Swinging doors.

2. Electronic access control system components, including the following:

a. Electronic access control locksets and exit device trim. b. Panel Interface Modules (PIM) as needed to support the electronic locks.

3. Enrollment and programming of the access control locks, interfacing them with the campus’ existing access control system.

a. Use integrator approved by Owner, one which has had previous experience with the system.

b. Have integrator negotiate a one year maintenance contract for the new and salvaged/relocated electronic locks and the access control system.

4. Install two “kill switches”, located as directed by MSAC Director of Public Safety. Purpose: provide for emergency instant shutdown of campus-wide access control system.

5. Field verification, preparation and modification of existing doors and frames to receive new door hardware

B. Exclusions: Hardware for the following is not provided under the scope of this section, unless specifically listed in the hardware sets:

1. Windows 2. Cabinets (casework), including locks in cabinets 3. Signage 4. Toilet accessories 5. Overhead doors

C. Related Sections:

1. Division 01 Section “Alternates” for alternates affecting the work of this section. 2. Division 07 Section “Joint Sealants” for sealant requirements applicable to threshold

installation under the work of this section. 3. Division 09 Sections for touchup finishing or refinishing of existing openings modified by

the work of this section.



1.3 REFERENCES

A. Applicable state and local building codes and standards.

B. Fire/Life Safety

1. NFPA - National Fire Protection Association

a. NFPA 70 – National Electric Code b. NFPA 80 - Standard for Fire Doors and Fire Windows c. NFPA 101 - Life Safety Code d. NFPA 105 - Smoke and Draft Control Door Assemblies

2. State Fire Safety Code [and Amendments to CT Supplement].

C. UL - Underwriters Laboratories

1. UL 10B - Fire Test of Door Assemblies 2. UL 10C - Positive Pressure Test of Fire Door Assemblies 3. UL 1784 - Air Leakage Tests of Door Assemblies 4. UL 305 - Panic Hardware

D. Accessibility

1. 2010 California Building Code.

E. DHI - Door and Hardware Institute

1. Sequence and Format for the Hardware Schedule 2. Recommended Locations for Builders Hardware

F. ANSI - American National Standards Institute

1. ANSI/BHMA A156.1 - A156.29, and ANSI A156.31 - Standards for Hardware and Specialties

1.4 SUBMITTALS

A. General:

1. Submit the following in accordance with Conditions of Contract and Division 01 requirements.

2. Advise Architect within the submittal package of incompatibility or issues which may detrimentally affect the work of this section.

3. Prior to Forwarding Submittal: Comply with procedures for verifying existing door and frame compatibility for new hardware, as specified in PART 3, “EXAMINATION” article, herein.

B. Action Submittals:

1. Product Data: Product data including manufacturers’ technical product data for each item of door hardware, installation instructions, maintenance of operating parts and finish, and other information necessary to show compliance with requirements.

2. Riser and Wiring Diagrams: After final approval of the hardware schedule, submit details of electrified door hardware, indicating the following:



a. Wiring Diagrams: For power, signal, and control wiring and including the following:

1) Details of interface of electrified door hardware and building safety and security systems.

2) Schematic diagram of systems that interface with electrified door hardware. 3) Point-to-point wiring. 4) Risers.

3. Samples for Verification: If requested by the Architect, submit production sample or sample installations as requested of each type of exposed hardware unit in the finish indicated, and tagged with a full description for coordination with the schedule.

a. Samples will be returned to the supplier in like-new condition. Units that are acceptable to the Architect may, after final check of operations, be incorporated into the Work, within limitations of key coordination requirements.

4. Door Hardware Schedule: Submit schedule with hardware sets in vertical format as illustrated by the Sequence of Format for the Hardware Schedule as published by the Door and Hardware Institute. Indicate complete designations of each item required for each door or opening, Include the following information:

a. Door Index; include door number, heading number, and Architects hardware set number.

b. Opening Lock Function Spreadsheet; list locking device and function for each opening.

c. Type, style, function, size, and finish of each hardware item. d. Name and manufacturer of each item. e. Fastenings and other pertinent information. f. Location of each hardware set cross-referenced to indications on Drawings. g. Explanation of all abbreviations, symbols, and codes contained in schedule. h. Mounting locations for hardware. i. Door and frame sizes and materials. j. Name and phone number for the local manufacturer's representative for each

product. k. Operational Description of openings with any electrified hardware (locks, exits,

electromagnetic locks, electric strikes, automatic operators, door position switches, magnetic holders or closer/holder units, and/or access control components). Operational description should include how the door will operate on egress, ingress, and fire/smoke alarm connection.

1) Submittal Sequence: Submit door hardware schedule concurrent with submissions of Product Data, Samples, and Shop Drawings. Coordinate submission of door hardware schedule with scheduling requirements of other work to facilitate the fabrication of other work that is critical in Project construction schedule.

5. Keying:

a. Coordinate with campus key control, check out key(s) for use during construction. Coordinate with campus locksmith for removal and relocation of cylinder cores from the existing locking hardware scheduled for reuse.

6. Templates: After final approval of the hardware schedule, provide templates for doors, frames and other work specified to be factory prepared for the installation of door hardware.

C. Informational Submittals:



1. Qualification Data: For Supplier, Installer and Architectural Hardware Consultant. 2. Product Certificates for electrified door hardware, signed by the manufacturer:

a. Certify that door hardware approved for use on types and sizes of labeled fire-rated doors complies with listed fire-rated door assemblies.

3. Certificates of Compliance:

a. Upon request of Architect or Authority Having Jurisdiction certificates of compliance for fire-rated hardware and installation instructions shall be made available.

b. Installer Training Meeting Certification: Letter of compliance, signed by Contractor, attesting to completion of installer training meeting specified in “QUALITY ASSURANCE” article, herein.

4. Product Test Reports: For compliance with accessibility requirements, based on evaluation of comprehensive tests performed by manufacturer and witnessed by a qualified testing agency, for door hardware on doors located in accessible routes.

5. Warranty: Special warranty specified in this Section.

D. Closeout Submittals:

1. Operations and Maintenance Data : Provide in accordance with Division 01 and include the following:

a. Complete information on care, maintenance, and adjustment; data on repair and replacement parts, and information on preservation of finishes.

b. Catalog pages for each product. c. Name, address, and phone number of local representative for each manufacturer. d. Parts list for each product. e. Copy of final approved hardware schedule, edited to reflect conditions as-installed. f. Copy of final keying schedule. g. As-installed wiring diagrams for each opening connected to power, both low

voltage and 110 volts. h. Copy of warranties including appropriate reference numbers for manufacturers to

identify the project.

1.5 QUALITY ASSURANCE

A. Product Substitutions: For the purpose of performing the work of this section, comply with product requirements stated in Division 01 and as specified herein.

1. Where a specific manufacturer’s product is named and accompanied by the words “No Substitute,” including make or model number or other designation, provide the product exactly as specified.

2. Where products indicate “acceptable substitute” or “acceptable manufacturer”, provide product from specified manufacturers, subject to compliance with specified requirements and “Single Source Responsibility” requirements stated herein.

B. Supplier Qualifications and Responsibilities: A recognized architectural hardware supplier that has a record of successful in-service performance for supplying door hardware similar in quantity, type, and quality to that indicated for this Project and that provides a certified Architectural Hardware Consultant (AHC) available to the Owner, Architect, and Contractor, at reasonable times during the course of the Work for consultation.

1. Warehousing Facilities: In Project's vicinity.



2. Scheduling Responsibility: Preparation of door hardware and keying schedules. 3. Coordination Responsibility: Coordinate installation of the electronic security hardware

with the Architect and electrical engineers and provide installation and technical data to the Architect and other related subcontractors.

a. Upon completion of electronic security hardware installation, inspect and verify that all components are working properly.

C. Installer Qualifications: Qualified tradesmen, skilled in the application of commercial grade hardware that has a record of successful in-service performance for installing door hardware similar in quantity, type, and quality to that indicated for this Project.

D. Architectural Hardware Consultant Qualifications: A person who is experienced in providing consulting services for door hardware installations that are comparable in material, design, and extent to that indicated for this Project and who can meet the following qualification requirements:

1. For door hardware, DHI-certified, Architectural Hardware Consultant (AHC). 2. Can provide installation and technical data to the Architect and other related

subcontractors. 3. Can inspect and verify components are in working order upon completion of installation. 4. Capable of producing wiring diagrams. 5. Capable of coordinating installation of the electrified hardware with the Architect and

electrical engineers.

E. Single Source Responsibility: Obtain each type of door hardware from a single manufacturer.

1. Provide electrified door hardware from same manufacturer as mechanical door hardware, unless otherwise indicated.

2. Manufacturers that perform electrical modifications and that are listed by a testing and inspecting agency acceptable to authorities having jurisdiction are acceptable.

F. Fire-Rated Door Openings: Provide door hardware for fire-rated openings that complies with NFPA 80 and requirements of authorities having jurisdiction. Provide only items of door hardware that are listed and are identical to products tested by Underwriters Laboratories, Intertek Testing Services, or other testing and inspecting organizations acceptable to the authorities having jurisdiction for use on types and sizes of doors indicated, based on testing at positive pressure and according to NFPA 252 or UL 10C and in compliance with requirements of fire-rated door and door frame labels.

G. Smoke- and Draft-Control Door Assemblies: Where smoke- and draft-control door assemblies are required, provide door hardware that meets requirements of assemblies tested according to UL 1784 and installed in compliance with NFPA 105.

1. Air Leakage Rate: Maximum air leakage of 0.3 cfm/sq. ft. (3 cu. m per minute/sq. m) at the tested pressure differential of 0.3-inch wg (75 Pa) of water.

H. Means of Egress Doors: Latches do not require more than 15 lbf (67 N) to release the latch. Locks do not require use of a key, tool, or special knowledge for operation.

I. Accessibility Requirements: For door hardware on doors in an accessible route, comply with governing accessibility regulations cited in “REFERENCES” article, herein.

1. Provide operating devices that do not require tight grasping, pinching, or twisting of the wrist and that operate with a force of not more than 5 lbf (22.2 N).



2. Comply with the following maximum opening-force requirements:

a. Interior, Non-Fire-Rated Hinged Doors: 5 lbf (22.2 N) applied perpendicular to door.

b. Fire Doors: Minimum opening force allowable by authorities having jurisdiction.

3. Bevel raised thresholds with a slope of not more than 1:2. Provide thresholds not more than 1/2 inch (13 mm) high [and] [3/4 inch (19 mm) high for exterior sliding doors].

4. Adjust door closer sweep periods so that, from an open position of 70 degrees, the door will take at least 3 seconds to move to a point 3 inches (75 mm) from the latch, measured to the leading edge of the door.

J. Pre-installation Conference: Conduct conference at Project site <Insert alternate location>.

1. Review and finalize construction schedule and verify availability of materials, Installer's personnel, equipment, and facilities needed to make progress and avoid delays.

2. Inspect and discuss preparatory work performed by other trades.

K. Coordination Conferences:

1. Installation Coordination Conference: Prior to hardware installation, schedule and hold a meeting for the purpose of reviewing any questions or concerns related to the proper installation and adjustment of door hardware.

a. Attendees: doors hardware supplier, door hardware installer, Contractor. b. After the meeting, provide letter of compliance to the Architect, indicating when the

meeting was held and who was in attendance.

1.6 DELIVERY, STORAGE, AND HANDLING

A. Inventory door hardware on receipt and provide secure lock-up for hardware delivered to Project site.

B. Tag each item or package separately with identification coordinated with the final door hardware schedule, and include installation instructions, templates, and necessary fasteners with each item or package.

1. Each article of hardware shall be individually packaged in manufacturer’s original packaging.

C. Project Conditions:

1. Maintain manufacturer-recommended environmental conditions throughout storage and installation periods.

2. Provide secure lock-up for door hardware delivered to the Project, but not yet installed. Control handling and installation of hardware items so that completion of Work will not be delayed by hardware losses both before and after installation.

D. Protection and Damage:

1. Promptly replace products damaged during shipping with exactly the same products. 2. Handle hardware in manner to avoid damage, marring, or scratching. Correct, replace

or repair products damaged during the course of the Work. 3. Protect products against malfunction due to paint, solvent, cleanser, or any chemical

agent.



1.7 COORDINATION

A. Coordinate layout and installation of floor-recessed door hardware with floor construction. Cast anchoring inserts into concrete. Concrete, reinforcement, and formwork requirements are specified in Division 03.

B. Installation Templates: Distribute for doors, frames, and other work specified to be factory prepared. Check Shop Drawings of other work to confirm that adequate provisions are made for locating and installing door hardware to comply with indicated requirements.

C. Security: Coordinate installation of door hardware, keying, and access control with Owner's security consultant.

D. Existing Openings: Where hardware components are scheduled for application to existing construction or where modifications to existing door hardware are required, field verify existing conditions and coordinate installation of door hardware to suit opening conditions and to provide proper door operation.

E. Direct shipments not permitted, unless approved by the Contractor.

1.8 WARRANTY

A. Special Warranty: Manufacturer's standard form in which manufacturer agrees to repair or replace components of door hardware that fail in materials or workmanship within specified warranty period.

1. Warranty Period: Years from date of Substantial Completion, for durations indicated.

a. Closers:

1) Mechanical: 10 years.

b. Locksets:

1) Mechanical: 3 years. 2) Electrified: 1 year.

2. Warranty does not cover damage or faulty operation due to improper installation, improper use or abuse.

1.9 MAINTENANCE

A. Maintenance Tools:

1. Furnish one complete set of special tools required for maintenance and adjustment of hardware, including changing of cylinders.

PART 2 - PRODUCTS

2.1 MANUFACTURERS

A. The Awarding Authority has determined that certain products will be selected for their unique characteristics and particular project suitability to insure continuity of existing and future



performance and maintenance standards. After investigating available product offerings the Awarding Authority has elected to prepare proprietary specifications. These products are specified with the notation: “No Substitute.”

1. Where “No Substitute” is noted, submittals and substitution requests for other products will not be considered.

B. Approval of manufacturers other than those listed shall be in accordance with QUALITY ASSURANCE article, herein.

C. Approval of products from manufacturers indicated as “Acceptable Manufacturer” in the following table is contingent upon those products providing all functions and features and meeting all requirements of scheduled manufacturer’s product.

Item Scheduled Manufacturer Acceptable Substitute Hinges Ives (IVE) Hager, McKinney,

Stanley, Bommer, PBB Flush Bolts & Coordinators Ives (IVE) Burns, Rockwood, DCI,

Trimco Locksets & Deadlocks Schlage (SCH) No Substitute Electronic Access Control – Wireless

Schlage – electronic (SCE) No Substitute

Cylinders & Keying Schlage (SCH) (furnished by MSAC

No Substitute

Door Closers LCN (LCN) Norton, Sargent, Falcon,

Stops & Holders Ives (IVE) Burns, Rockwood, Trimco

Thresholds & Weatherstrip NGP (NGP) & DHSI (DHS) Submit for approval

D. Hand of Door: Drawings show direction of slide, swing, or hand of each door leaf. Furnish each item of hardware for proper installation and operation of door movement as shown.

E. Where the hardware specified is not adaptable to the finished shape or size of the members requiring hardware, furnish suitable types having the same operation and quality as the type specified, subject to the Architect's approval.

2.2 EXISTING MATERIALS

A. Where existing door hardware is indicated to be removed and reinstalled:

1. Carefully remove door hardware and components. 2. Clean, protect and store existing door hardware in accordance with storage and

handling requirements specified herein. 3. Reinstall in accordance with installation requirements for new door hardware.

2.3 MATERIALS

A. Fasteners

1. Provide hardware manufactured to conform to published templates, generally prepared for machine screw installation.



2. Furnish screws for installation with each hardware item. Finish exposed (exposed under any condition) screws to match hardware finish, or, if exposed in surfaces of other work, to match finish of this other work as closely as possible including "prepared for paint" surfaces to receive painted finish.

3. Provide concealed fasteners for hardware units that are exposed when door is closed except to the extent that no standard units of type specified are available with concealed fasteners. Do not use thru-bolts for installation where bolt head or nut on opposite face is exposed in other work unless their use is the only means of reinforcing the work adequately to fasten the hardware securely. Review door specification and advise Architect if thru-bolts are required.

4. Hardware shall be installed with the fasteners provided by the hardware manufacturer.

B. Modification and Preparation of Existing Doors: Provide necessary fillers, Dutchmen, reinforcements, and fasteners, compatible with existing materials, as required for mounting new opening hardware and to cover existing door and frame preparations.

1. When possible, use materials which match materials of adjacent modified areas.

C. Provide screws, bolts, expansion shields, drop plates and other devices necessary for hardware installation.

1. Where fasteners are exposed to view: Finish to match adjacent door hardware material.

2.4 HINGES

A. Provide three-knuckle, concealed bearing hinges of type, material, and height as outlined in the following guide for this specification:

1. Manufacturers:

a. Scheduled Manufacturer: Ives 3CB series. b. Acceptable Substitute: Hager AB series, McKinney TA series, Bommer LB8000

series.

2. Provide three hinges per door leaf for doors 90 inches or less in height, and one additional hinge for each 30 inches of additional door height.

3. Where new hinges are specified for existing doors and/or existing frames, the new hinge size must be identical to hinge preparation present in the existing door and/or existing frame.

2.5 FLUSH BOLTS

A. Manufacturers:

1. Scheduled Manufacturer: Ives 2. Acceptable Substitute: Burns, Rockwood, Trimco, DCI

B. Requirements:

1. Provide automatic and manual flush bolts with forged bronze face plates, extruded brass levers, and with wrought brass guides and strikes. Provide 12 inch steel or brass rods at doors up to 90 inches in height. Top rods at manual flush bolts for doors over 90 inches in height shall be increased by 6 inches for each additional 6 inches of door height. Provide dust-proof strikes at each bottom flush bolt.



2.6 COORDINATORS

A. Manufacturers:

1. Scheduled Manufacturer: Ives 2. Acceptable Substitute: Burns, Rockwood, Trimco, DCI

B. Requirements:

1. Provide a bar-type coordinating device, surface applied to the underside of the stop at the frame head where pairs of doors are equipped with automatic flush bolts, an astragal, or other hardware that requires synchronized closing of the doors.

2. Provide a filler bar of the correct length for the unit to span the entire width of the opening, and appropriate brackets for parallel arm door closers and surface vertical rod exit device strikes. Factory-prep coordinators for vertical rod devices if required.

2.7 CYLINDERICAL LOCKS – GRADE 1

A. Manufacturer:

1. Scheduled Manufacturer: Schlage ND Series, Rhodes design, full-size interchangeable

2.8 ELECTRONIC ACCESS CONTROL LOCKSETS – WIRELESS BORED-TYPE AND MORTISED TYPE

A. Manufacturer: “AD-400-CY”, “AD-400-MS”, and “AD-400-993” series, as manufactured by Schlage, an Ingersoll Rand Company. No substitutes will be accepted.

B. Requirements: Wireless electronic locksets shall comply with the following requirements.

1. Applicable Standards:

a. Listed, UL 294 - The Standard of Safety for Access Control System Units. b. Compliant with ANSI Standard A156.25 and A156.2 Series 4000, Grade 1 strength

and operational requirements. c. Compliant with ANSI/BHMA A156.25 Grade 1 Operation and Security

Requirement. d. Certified to UL10C, FCC Part15, Florida Building Code Standards TAS 201 large

missile impact, TAS 202 and TAS 203. e. Compliant with ASTM E330 for door assemblies. f. Compliant with ICC / ANSI A117.1, NFPA 101, NFPA 80, IBC Chapter 10, and

Industry Canada IC.

2. Lockset Functions: Provide locks with following functions, as scheduled, that are field configurable without taking the lock off the door:

a. Classroom / Storeroom 70. b. Office 50.

3. Emergency Override: Lockset shall have the ability to utilize emergency mechanical key override with the following manufacturer’s key systems in the lever:

a. Full Size Interchangeable Cores from Schlage.

4. Levers:



a. Vandal Resistance: Exterior (secure side) lever designed with ability to rotate freely while door remains securely locked, preventing damage to internal lock components from vandalism by excessive force.

b. Levers shall operate independently of each other. c. Style: Rhodes d. Tactile Warning (Knurling): Provide on levers on exterior (secure side) of doors

serving rooms considered to be hazardous by the authority having jurisdiction.

5. Power Supply:

a. Lockset powered by four AA batteries.. b. Lockset shall have ability to communicate battery status and battery voltage level

by means of a handheld programming device at door and remotely by Partner integrated software.

6. Features: Locksets shall incorporate the following features.

a. Ability to communicate unit’s communication status. b. Visual tri-colored LED indicators that indicate activation, additional PIN code

credential required, operational systems status, system error conditions and low power conditions.

c. Visual bi-colored LED indicator on interior that is capable of indicating secured/unsecured status of device to occupants on interior.

d. Audible feedback that can be enabled or disabled. e. Tamper-Resistant Screws: Tamper torx screws on inside escutcheon for increased

security.

7. Adaptability:

a. Open Architecture: Locksets manufactured with open architecture characteristics capable of handling new and existing access control software and credential reading technology.

b. Field changeable Reader Modules: Lockset to have the ability to change credential reader technologies without being removed from door.

8. Switches: Provide locksets with the following switches, standard:

a. Door Position Switch b. Interior Cover Tamper Guard c. Mechanical Key Override d. Request to Exit e. Request to Enter f. Lock/Unlock Status (Clutch Position)

9. Credential Reader:

a. Credential Reader Configuration: Provide credential reader modules in the following configurations, as indicated in door hardware sets. Multi-tech contactless reader shall be NFC-Compatible and read access control data from both 125 kHz and 13.56 MHz contactless smart cards. The multi-tech contactless reader shall be optimally designed for use in access control applications that require reading both 125 kHz proximity and 13.56 MHz contactless smart cards.

1) Proximity, Smartcard via Multi-Technology.

b. Credential reader capabilities, which can be configured at lockset with handheld programming device and remotely by Partner software to include, but may not be limited to:



1) 13.56 MHz Smart card credentials:

a) Secure section (Multi-Technology and Smartcard): Schlage, XceedID ISO-X, MIFARE, ISO-X Lite, my-d, DESFire 8-EV1.

b) 13.56 MHz Serial number only (Multi-Technology and Smartcard): MIFARE, DESfire, iClass, Inside Pictotag, ST Micro, TI Tagit.

2) 125 kHz Proximity card credentials: Schlage, XceedID, HID, GE/CASI ProxLite and AWID.

3) Multi-Technology readers that read both 13.56 MHz Smart Cards and 125 kHz Prox cards.

10. Operation:

a. Lockset System Interface:

1) Wiegand or Clock & Data via PIM400-TD2 (Panel Interface Module), or directly via RS485.

b. Lockset to have real-time bidirectional communication between access control system and lock.

c. Remote Commanding By Partner Integrated Access Control Network Software: Battery-powered lockset shall have “Wake on Radio” feature causing activation of remote, wireless access control locksets, enabling activated locksets to be configured, locked or unlocked from a centralized location within 10 seconds or less without user interface at the device.

d. Local Commanding: Locksets shall have the ability to be configured, locked or unlocked locally by handheld programming device, in real-time.

e. When Utilized with Access Control Network Software With Remote Commanding Capability: Lockset shall have ability to be remotely locked down or unlocked within 10 seconds or less while battery powered without user interface at the device.

f. Real-time response of battery powered device capable of being configured at door by handheld programming device and remotely by Partner integrated software.

g. Upon Loss of Power to Lockset: Lockset shall have ability to manage access control offline in one of three methods below that can be configured in the field at lockset by handheld programming device and remotely by Partner integrated software:

1) Fail locked (secured) 2) Fail unlocked (unsecured) 3) Fail As-Is

h. Upon Loss of Communication Between Lockset and Network: Lockset shall have ability to manage access control offline in one of four methods below that can be configured in the field at lockset by handheld programming device and remotely by Partner integrated software:

1) Fail locked (secured) 2) Fail unlocked (unsecured) 3) Fail As-Is 4) Fail to Degraded/cache mode utilizing cache memory with following

selectable options:

a) Grant access up to the last 1,000 unique previously accepted User IDs. b) Grant access up to the last 1,000 unique previously accepted facility/site

codes



c) Remove from cache previously stored User IDs or facility/site codes that have not been presented to lock within the last 5 days.

i. Lockset shall have ability to be configured at door by handheld programming device and remotely by Partner integrated software the length of time device is unlocked upon access grant.

j. Lockset shall have the ability to communicate identifying information such as firmware versions, hardware versions, serial numbers, and manufacturing dates by handheld programming device and remotely by Partner integrated software.

k. Wireless Transmission:

1) Modulation: 900 MHz spread spectrum, direct sequence, 10 channels. 2) Encryption: AES-128 bit Key minimum.

2.9 COMPONENTS

A. Handheld Programming Device for Electronic Access Control Locksets and Exit Device Trim

1. Owner has an “HHD” series device with “Schlage Utility Software,” as manufactured by Schlage, an Ingersoll Rand Company. An additional unit is not needed.

B. Panel Interface Module for Wireless Electronic Access Control Locksets and Exit Device Trim

1. Manufacturer: “PIM400-1501” wireless access control remote devices as manufactured by Schlage, an Ingersoll Rand Company. No Substitute.

2. System Description – General

a. Intelligent controller shall provide decision making, event reporting, and database storage for hardware platform. Reader interface shall provide control for up to 16 wireless access points in paired and or alternate reader configurations.

b. Controller shall communicate with the host via on-board 10BaseT/100BaseTX Ethernet port.

c. Card data, PIN data, Door position and Request to Exit shall all be reported to wireless access control remote device.

3. Requirements: Panel interface module for wireless electronic access control locksets and exit device trim shall conform to the following requirements.

a. Distribution:

1) General: Provide one (1) panel interface module per sixteen (16) electronic access control devices, subject to the following limitations:

a) Panel interface module is located on the same floor as associated electronic access control devices.

b) Panel interface module is located within 200-feet (60m) indoor range with normal building obstructions; or 1000-feet (300m) with unobstructed, clear line-of-sight of associated electronic access control device(s).

2) Where panel interface module cannot comply with general distribution requirements for associated electronic access control devices, provide additional modules, as required.

b. Applicable Standards:



1) Listed, UL 294 – The Standard of Safety for Access Control System Units, when connected to a UL 294-listed power supply.

2) Certified compliant with:

a) FCC Part 15, Class C. b) NIST Encryption c) IC (Canada) d) RoHS

c. Power Input:

1) Power over Ethernet (PoE) power input 12.95 watts, compliant to IEEE 802.3af.

2) Twelve volts of direct current (12VDC) ±10% 400 mA minimum from a UL294 listed power supply to achieve UL294 Listing.

3) No additional wiring requirements such as RS-485 or RS-232.

d. Wireless Communication:

1) Transmission/Encryption: AES-128 bit Key 2) 900MHz spread spectrum modulation, direct sequence, 10 channels, field

configurable Dynamic Channel Switching. 3) Up to 200’ with normal building obstructions or up to 1000’ feet in clear line of

sight.

e. Enclosure:

1) Certifications: NEMA 1, 4, 4X, 12, 13. 2) Size: 10.43-inches (265mm) high; 7.28-inches (185mm) wide; 3.79-inches

(96mm) deep.

f. Environmental Conditions:

1) Operational Temperature: 32-deg F (0-deg C) to 150 F (66-deg C). 2) Operating Humidity: Ten to ninety-five percent (10–95%) relative humidity,

non-condensing (RHNC).

g. Connectivity:

1) Primary Port: 10/100 Ethernet 2) External RJ-45 connector for direct connection on exterior of enclosure. 3) External USB connector for direct connection on exterior of enclosure. 4) Option to connect to external remote antenna to enable additional wireless

applications including extended distances and navigation of radio frequency barriers.

h. Door Control: Up to sixteen (16) physical barriers can be controlled wirelessly. i. Access Control Capabilities:

1) 240,000 Cardholder capacity 2) 50,000 Transaction buffer 3) 32 Access Levels per cardholder 4) 19 digit (64-bit) user ID and 15 digit PIN numbers maximum 5) Activation and Deactivation dates 6) If/Then Macro capability

j. Card Formats:

1) Eight active card formats per intelligent controller 2) 19 digit (64-bit) User ID and 15 digit PIN numbers maximum



3) PIV-II, CAC, TWIC card compatible

k. Card Reader Functions

1) Multiple card format support by reader 2) Paired reader support 3) Elevator support 4) Turnstile support 5) Biometric device support 6) Occupancy count 7) Support of multi-occupancy rules 8) Anti-passback support 9) Area-based, reader-based, or time based

a) Nested area, hard, soft, or timed forgiveness b) Anti-passback support, both reader and time based

10) Supports host-based approval rules 11) Keypad support with programmable user commands, card input

l. Database Functions

1) Configurable card database 2) Supports up to nineteen (19) digital card numbers 3) Supports pin codes up to fifteen (15) digits 4) Programmable card activation and deactivation times and dates 5) Card issue code, ADA and VIP flags (up to 32 bits); PIV (75 bits); Smart Card

(200 bits) 6) Up to 128 access levels per user 7) Ability to track people and objects

m. Intrusion Alarm Functions

1) Supports entry delays and exit delays 2) Area monitoring 3) Standard alarm masking 4) Provides control and alarm processing from the keypad 5) Real time always online event reporting

2.10 DOOR CLOSERS

A. Manufacturers:

1. Scheduled Manufacturer: LCN 4040 series. No Substitute

B. Requirements:

1. Provide door closers certified to ANSI/BHMA A156.4 Grade 1 requirements by a BHMA certified independent testing laboratory. Surface mounted non-handed mechanical closers shall be certified to exceed ten million (10,000,000) full load cycles by a recognized independent testing laboratory. Closers shall be ISO 9000 certified. Units shall be stamped with date of manufacture code.

2. Door closers shall have fully hydraulic, full rack and pinion action with a high strength cast iron cylinder, and shall utilize full complement bearings at shaft. Cylinder body shall be 1-1/2 inch diameter, and double heat-treated pinion journal shall be 11/16 inch diameter.



3. Provide hydraulic fluid requiring no seasonal closer adjustment for temperatures ranging from 120 degrees F to -30 degrees F. Fluid shall be fireproof and shall pass the requirements of the UL10C “positive pressure” fire test.

4. Spring power shall be continuously adjustable over the full range of closer sizes, and allow for reduced opening force as required by accessibility codes and standards. Hydraulic regulation shall be by tamper-proof, non-critical valves. Closers shall have separate adjustment for latch speed, general speed, and backcheck.

5. Provide closers with a solid forged steel main arms and factory assembled heavy-duty forged forearms for parallel arm closers. When closers are parallel arm mounted, provide closers which mount within a 6-inch top rail without the use of a mounting plate so that closer shall not be visible through vision panel from pull side.

6. Closers shall not incorporate Pressure Relief Valve (PRV) technology. 7. Closer cylinders, arms, adapter plates, and metal covers shall have a powder coating

finish which has been certified to exceed 100 hours salt spray testing as described in ANSI Standard A156.4 and ASTM B117, or shall have special rust inhibitor (SRI).

8. Provide special templates, drop plates, mounting brackets, or adapters for arms as required for details, overhead stops, and other door hardware items interfering with closer mounting.

2.11 DOOR STOPS AND HOLDERS

A. Manufacturers:

1. Scheduled Manufacturer: Ives. 2. Acceptable Substitution: Burns, Rockwood, Trimco

B. Provide door stops for all doors in accordance with the following requirements:

1. Provide floor stops wherever possible. 2. Where floor stops cannot be used, provide wall stops. Provide convex type where

mortise type locks are used and concave type where cylindrical type locks are used. 3. At any opening where a wall or floor stop cannot be used, a medium duty surface

mounted overhead stop shall be used.

2.12 THRESHOLDS, SEALS, DOOR SWEEPS, AUTOMATIC DOOR BOTTOMS, AND GASKETING

A. Manufacturers:

1. Scheduled Manufacturers: NGP and DHSI.

B. Requirements:

1. Provide thresholds, weatherstripping (including door sweeps, seals, astragals) and gasketing systems (including smoke, sound, and light) as specified and per architectural details. Match finish of other items as closely as possible. Size of thresholds shall be as follows:

a. Saddle Thresholds – 1/2 inch high x jamb width x door width b. Bumper Seal Thresholds – 1/2 inch high x 5 inches wide x door width

2. Provide door sweeps, seals, and astragals only of type where resilient or flexible seal strip is easily replaceable and readily available.



2.13 FINSHES

A. Finish of all hardware shall be BHMA 626/652 with the exceptions as follows:

1. Hinges at Exterior Doors: BHMA 630. 2. Door Closers: BHMA 689. 3. Weatherstripping: black. 4. Thresholds: Mill Finish Aluminum.

PART 3 - EXECUTION

3.1 EXAMINATION

A. Prior to installation of hardware, examine doors and frames, with Installer present, for compliance with requirements for installation tolerances, labeled fire-rated door assembly construction, wall and floor construction, and other conditions affecting performance.

B. Existing Door and Frame Compatibility: Field verify existing doors and frames receiving new hardware and existing conditions receiving new openings. Verify that new hardware is compatible with the existing door and frame preparation and existing conditions.

C. Proceed with installation only after unsatisfactory conditions have been corrected.

3.2 PREPARATION

A. Where on-site modification of doors and frames is required, prepare hardware locations in accordance with the following:

1. Steel Doors and Frames: For surface applied door hardware, drill and tap doors and frames according to ANSI/SDI A250.6.

2. Wood Doors: Comply with DHI WDHS.5 "Recommended Hardware Reinforcement Locations for Mineral Core Wood Flush Doors."

3. Where doors are in rated assemblies, comply with NFPA 80 for restrictions on on-site door hardware preparation.

4. Where on-site modification of existing doors and frames is required:

a. Remove existing hardware being replaced, tag, and store according to contract documents.

b. Field modify and prepare existing door and/or frame for new hardware being installed.

c. When modifications are exposed to view, use concealed fasteners, when possible.

3.3 INSTALLATION

A. Mounting Heights: Match mounting heights of similar existing openings scheduled to remain.

B. Install each hardware item in compliance with the manufacturer’s instructions and recommendations, using only the fasteners provided by the manufacturer.

C. Do not install surface mounted items until finishes have been completed on the substrate. Protect all installed hardware during painting.



D. Set units level, plumb and true to line and location. Adjust and reinforce the attachment substrate as necessary for proper installation and operation.

E. Drill and countersink units that are not factory prepared for anchorage fasteners. Space fasteners and anchors according to industry standards.

F. Operating parts shall move freely and smoothly without binding, sticking, or excessive clearance.

G. Hinges: Install types and in quantities indicated in door hardware schedule but not fewer than the number recommended by manufacturer for application indicated or one hinge for every 30 inches (750 mm) of door height, whichever is more stringent, unless other equivalent means of support for door, such as spring hinges or pivots, are provided.

H. Door Closers: Mount closers on room side of corridor doors, inside of exterior doors, and stair side of stairway doors from corridors. Closers shall not be visible in corridors, lobbies and other public spaces unless approved by Architect.

I. Thresholds: Set thresholds scheduled herein, in full bed of sealant complying with requirements specified in Division 07 Section "Joint Sealants."

J. Stops: Provide floor stops for doors unless wall or other type stops are indicated in door hardware schedule. Do not mount floor stops where they may impede traffic or present a tripping hazard.

K. Perimeter Gasketing: Apply to head and jamb, forming seal between door and frame.

L. Meeting Stile Gasketing: Fasten to meeting stiles, forming seal when doors are closed.

M. Door Bottoms: Apply to bottom of door, forming seal with threshold when door is closed.

3.4 FIELD QUALITY CONTROL

A. Architectural Hardware Consultant: Engage a qualified independent Architectural Hardware Consultant to perform inspections and to prepare inspection reports.

1. Architectural Hardware Consultant will inspect door hardware and state in each report whether installed work complies with or deviates from requirements, including whether door hardware is properly installed and adjusted.

3.5 ADJUSTING

A. Initial Adjustment: Adjust and check each operating item of door hardware and each door to ensure proper operation or function of every unit. Replace units that cannot be adjusted to operate as intended. Adjust door control devices to compensate for final operation of heating and ventilating equipment and to comply with referenced accessibility requirements.

1. Door Closers: Adjust sweep period to comply with accessibility requirements and requirements of authorities having jurisdiction.



B. Occupancy Adjustment: Approximately three months after date of Substantial Completion, Installer's Architectural Hardware Consultant shall examine and readjust each item of door hardware, including adjusting operating forces, as necessary to ensure function of doors, door hardware, and electrified door hardware.

3.6 CLEANING AND PROTECTION

A. Clean adjacent surfaces soiled by door hardware installation.

B. Clean operating items as necessary to restore proper function and finish.

C. Provide final protection and maintain conditions that ensure that door hardware is without damage or deterioration at time of Substantial Completion.

3.7 DEMONSTRATION

A. Provide training for the Owner's maintenance personnel to adjust, operate, and maintain door hardware and door hardware finishes. Refer to Division 01 Section "Demonstration and Training."

3.8 DOOR HARDWARE SCHEDULE

A. Provide hardware for each door to comply with requirements of this section and the below-listed scheduled sets.

B. It is intended that the following schedule includes complete items of door hardware necessary to complete the work. If a discrepancy is found in the scheduled hardware sets, such as a missing item, improper hardware for a frame, door or fire codes, provisions of the above-specifications shall govern.

C. Locksets, exit devices, and other hardware items are referenced in the following hardware sets for series, type and function. Refer to the above-specifications for special features, options, cylinders/keying, and other requirements.

SpeXtra: 39917-5

HwSet 01 - retrofit exstg opening w/ access control lever trim

Qty Description Catalog Number Finish Mfr

1 EA ELEC CLASSROOM LOCK

AD-400-993R-70-MT-RHO-JD 643e SCE

1 EA DUMMY TRIM AD-993DT-RHO-JD 643e SCE 1 EA SEX BOLT 625A (USE AS FILLER) 613 VON 1 EA PERMANENT CORE OWNER SUPPLIED 643e SCH 2 EA FLOOR STOP FS18S BLK IVE 1 EA MULLION SEAL MS-SA-75 BLK DHS 1 EA PIM PIM400-TD2 SCE

reuse exstg hinges, panic hdw, closers, seal and threshold. Also, reuse existing cylinder cores; coordinate with Campus Locksmith.



HwSet 02 - retrofit exstg opening w/ stops and seals. No access control at this point. Add auto door operator.


1 EA SURF. AUTO OPERATOR

4642 689 LCN

2 EA ACTUATOR, WALL MOUNT

8310-836TW 630 LCN

1 EA TRANSMITTER KIT 8310-844 689 LCN 2 EA RECEIVER 8310-865 BLU LCN 1 EA BOLLARD POST 8310-866 AL LCN 2 EA FLOOR STOP FS18S BLK IVE 1 EA SEAL 105 BLK DHS 1 EA MULLION SEAL MS-SA-75 BLK DHS 1 EA MTG STILE SEAL SA BLK DHS

reuse exstg hinges, panic hardware, closers, and threshold. Also, reuse existing cylinder cores; coordinate with Campus Locksmith.

HwSet 03 - New pr of HM drs in exstg HMF, new hardware with access control


1 EA CONT. HINGE 700 TW8 CON 630 IVE 6 EA FILLER PLATE F542 (V.I.F. SIZE REQ'D) 600 SBH 1 EA MANUAL FLUSH BOLT FB457 18" 626 IVE 1 EA CONST LATCHING

BOLT FB51T 630 IVE

1 EA DUST PROOF STRIKE DP1 626 IVE 1 EA KEYED REMOVABLE

MULLION KR4954-MT54 689 VON

1 EA ELEC PANIC HARDWARE

RX-QEL+-98-NL-OP-110MD-CON 626 VON

1 EA SURFACE CLOSER 4040XP HEDA 689 LCN 1 EA SURF. AUTO

OPERATOR 4642 689 LCN

1 EA SEAL 105 BLK DHS 1 EA MTG STILE SEAL SA BLK DHS 1 EA ASTRAGAL 139SP 84" SNB 600 NGP 2 EA DOOR SWEEP 200-U 628 NGP 1 EA MULTITECH READER MT11 BLK SCE 2 EA DOOR CONTACT 7764 628 SCE 1 EA POWER SUPPLY PS902 LGR VON 2 EA WIRE HARNESS CON, LENGTH AS REQ'D, CONNECTOR

ONE END + PINNED OTHER END VON

Re-anchor and seal exstg threshold. Coordinate: top of HM door flush and watertight.



HwSet 04 - New interior opening: corridor to occupied space, fire-rated, inswinging, self-contained wireless access control lock


1 EA FRAME C-18 SERIES 4.5"HINGE STD-STK REG-REINF 20min

BRN TIM

1 EA DOOR SCWD 20M 161PREP CLSR-BLCKG VFY TBD 3 EA HINGE 3CB1 4.5 X 4 NRP 652 IVE 1 EA ELEC OFFICE LOCK AD-400-CY-50-MT-RHO-JD 626 SCE 1 EA PERMANENT CORE OWNER SUPPLIED 626 SCH 1 EA SURFACE CLOSER 4040XP 689 LCN 1 EA KICK PLATE 8400 12" X 1 1/2" LDW B4E 630 IVE 1 EA FLOOR STOP FS439 682 IVE 1 EA SEAL 105 BLK DHS



HwSet 05 - New storefront entry, panic hdw, card access, automatic operator.


2 EA CONT. HINGE 112HD TW8 CON 710 IVE 1 EA KEYED REMOVABLE

MULLION KR4954-MT54 695 VON


RX-CDSI-98-DT-CON 710 VON


RX-QEL+-98-NL-OP-110MD-CON 710 VON

1 EA RIM CYLINDER 20-057-ICX 613 SCH 1 EA MORTISE CYLINDER 20-061-ICX 613 SCH 3 EA FSIC CORE 23-030 606 SCH 2 EA 90 DEG OFFSET PULL 8190HD 10" O 613 IVE 1 EA SURFACE CLOSER 4021 H MC 695 LCN 1 EA SURF. AUTO

OPERATOR 4642 695 LCN

1 EA MOUNTING PLATE 4020-18 695 LCN 2 EA ACTUATOR, WALL

MOUNT 8310-836TW 630 LCN

1 EA TRANSMITTER KIT 8310-844 689 LCN 2 EA RECEIVER 8310-865 BLU LCN 1 EA BOLLARD POST 8310-866 DKBRZ LCN 2 EA FLOOR STOP FS18S BLK IVE 1 EA MULLION SEAL MS-SA-75 BLK DHS 1 EA MULTITECH READER MT11 BLK SCE 2 EA DOOR CONTACT 7764 628 SCE 1 EA POWER SUPPLY PS902 LGR VON 1 EA PIM PIM400-TD2 SCE 2 EA WIRE HARNESS CON, LENGTH AS REQ'D, CONNECTOR

ONE END + PINNED OTHER END VON

Valid credential retracts p.h. latchbolt and cycles the door operator.

HwSet 06 - New interior opening: corridor to occupied space, fire-rated, inswinging.


1 EA FRAME C-18 SERIES 4.5"HINGE STD-STK REG-REINF 20min

BRN TIM

1 EA DOOR SCWD 20M 161PREP CLSR-BLCKG VFY TBD 3 EA HINGE 3CB1 4.5 X 4 NRP 652 IVE 1 EA ENTRANCE LOCK ND53TD RHO 626 SCH 1 EA PERMANENT CORE OWNER SUPPLIED 626 SCH 1 EA SURFACE CLOSER 4040XP 689 LCN 1 EA KICK PLATE 8400 12" X 1 1/2" LDW B4E 630 IVE 1 EA FLOOR STOP FS439 682 IVE 1 EA SEAL 105 BLK DHS



HwSet 07 - New interior opening: corridor to occupied space, fire-rated, outswinging.


1 EA FRAME C-18 SERIES 4.5"HINGE STD-STK PA-REINF 20min

BRN TIM

1 EA DOOR SCWD 20M 161PREP CLSR-BLCKG VFY TBD 3 EA HINGE 3CB1 4.5 X 4 NRP 652 IVE 1 EA ENTRANCE LOCK ND53TD RHO 626 SCH 1 EA PERMANENT CORE OWNER SUPPLIED 626 SCH 1 EA SURFACE CLOSER 4040XP EDA 689 LCN 1 EA KICK PLATE 8400 12" X 1 1/2" LDW B4E 630 IVE 1 EA FLOOR STOP FS439 682 IVE 1 EA SEAL 105 BLK DHS

HwSet 08 - new opening, inner office


1 EA FRAME C-18 SERIES 4.5"HINGE STD-STK BRN TIM 1 EA DOOR SCWD 161PREP VFY TBD 3 EA HINGE 3CB1 4.5 X 4 NRP 652 IVE 1 EA ENTRANCE LOCK ND53TD RHO 626 SCH 1 EA PERMANENT CORE OWNER SUPPLIED 626 SCH 1 EA FLOOR STOP FS439 682 IVE 1 EA SEAL 105 BLK DHS

HwSet 09 - New interior opening: corridor to occupied space, fire-rated, limited inswing -- 110deg max.


1 EA FRAME C-18 SERIES 4.5"HINGE STD-STK PA+REG-REINF 20min

BRN TIM

1 EA DOOR SCWD 20M 161PREP CLSR-BLCKG VFY TBD 3 EA HINGE 3CB1 4.5 X 4 NRP 652 IVE 1 EA ENTRANCE LOCK ND53TD RHO 626 SCH 1 EA PERMANENT CORE OWNER SUPPLIED 626 SCH 1 EA OH STOP 450S 630 GLY 1 EA SURFACE CLOSER 4040XP 689 LCN 1 EA KICK PLATE 8400 12" X 1 1/2" LDW B4E 630 IVE 1 EA SEAL 105 BLK DHS



HwSet 10 - new pair cross-corridor doors, credential or key access


1 EA FRAME C-18 SERIES 4.5"HINGE PR-DR PA-REINF 20min

BRN TIM

2 EA DOOR SCWD 161PREP CLSR-BLCKG VFY TBD 2 EA DOOR SCWD AFB-PREP CLSR-BLCKG VFY TBD 6 EA HINGE 3CB1 4.5 X 4 NRP 652 IVE 1 EA MANUAL FLUSH BOLT FB457 18" 626 IVE 1 EA CONST LATCHING

BOLT FB61T 630 IVE

1 EA DUST PROOF STRIKE DP1 626 IVE 1 EA ELEC OFFICE LOCK AD-400-CY-50-MT-RHO-JD 626 SCE 1 EA PERMANENT CORE OWNER SUPPLIED 626 SCH 1 EA SURFACE CLOSER 4040XP HEDA 689 LCN 1 EA SEAL 105 BLK DHS 1 EA MTG STILE SEAL SA BLK DHS 1 EA ASTRAGAL 158NA 84" CL NGP 1 EA SILL PLATE 814 4" COMBO 719 NGP

HwSet 11 - new exterior door from Storage 3150


1 EA CONT. HINGE 700 630 IVE 1 EA STOREROOM

W/DEADBOLT L9480T 06N L583-363 630 SCH

1 EA FSIC CORE 23-030 626 SCH 1 EA SURFACE CLOSER 4040XP HEDA 689 LCN 1 EA KICK PLATE 8400 12" X 1 1/2" LDW B4E 630 IVE 1 EA FLOOR STOP FS18S BLK IVE 1 EA DRIP CAP 16A CL NGP 1 EA SEAL 105 BLK DHS 1 EA DOOR SWEEP 200-U 628 NGP 1 EA THRESHOLDS 659 1/4-20-2 719 NGP 1 EA DOOR CONTACT 7764 628 SCE

HwSet 12 - Reuse exstg frame, door, hinges, lockset, and door closer -- no demolition req'd. Leave existing screw-on vinyl/aluminum seal, add modern adhesive seal.


1 EA FLOOR STOP FS439 682 IVE 1 EA SEAL 105 BLK DHS



HwSet 13 - Reuse exstg frame, door, and door closer -- no demolition req'd -- and add self-contained access control lockset.


3 EA HINGE CB81 4.0 X 4.0 652 PBB 1 EA ELEC OFFICE LOCK AD-400-CY-50-MT-RHO-JD 626 SCE 1 EA PERMANENT CORE OWNER SUPPLIED 626 SCH 1 EA FLOOR STOP FS439 682 IVE 1 EA SEAL 105 BLK DHS

HwSet 14 - New DIRTT brand sliding door assembly: only key cylinder this section, remaining material part of door mfr's partition / frame / door system package.


1 EA MORTISE CYLINDER 20-061-ICX 626 SCH 1 EA FSIC CORE 23-030 626 SCH

Note: confer with MSAC representative before ordering cylinders -- not all DIRTT partition sliding doors need to be locked.

HwSet 15 - new exterior door from Conf 1125


1 EA CONT. HINGE 700 630 IVE 1 EA ENTRANCE

W/DEADBOLT L9453T 06N L583-363 630 SCH

1 EA FSIC CORE 23-030 626 SCH 1 EA SURFACE CLOSER 4040XP HEDA 689 LCN 1 EA KICK PLATE 8400 12" X 1 1/2" LDW B4E 630 IVE 1 EA FLOOR STOP FS18S BLK IVE 1 EA DRIP CAP 16A CL NGP 1 EA SEAL 105 BLK DHS 1 EA DOOR SWEEP 200-U 628 NGP 1 EA THRESHOLDS 659 1/4-20-2 719 NGP 1 EA DOOR CONTACT 7764 628 SCE



Miscellaneous Items Qty Description Catalog Number Finish Mfr Handing

2 EA LOCK-DOWN SWITCH - CONTROLS ACCESS CNTRL SYS CAMPUS-WIDE -

TBD

LOCATE IN OFFICE 1130 & RECEPTION 2100, PER DIR. OF PUBLIC SAFETY. IN AN EMERGENCY, THIS MANUALLY-ACTIVATED NON-AUTOMATIC SWITCH SHUTS DOWN THE ACCESS CONTROL SYSTEM THROUGHOUT THE CAMPUS.

END OF SECTION


GYPSUM BOARD 092900 - 1

SECTION 092900 - GYPSUM BOARD

PART 1 - GENERAL



PART 2 - PRODUCTS


A. Fire-Resistance-Rated Assemblies: Provide materials and construction identical to those tested in assemblies per ASTM E 119 by an independent testing and inspecting agency acceptable to authorities having jurisdiction.

B. STC-Rated Assemblies: Provide materials and construction identical to those tested in assemblies per ASTM E 90 and classified per ASTM E 413 by a qualified independent testing and inspecting agency.

2.2 PANEL PRODUCTS

A. Provide in maximum lengths available to minimize end-to-end butt joints.

B. Interior Gypsum Board: ASTM C 1396/C 1396M, in thickness indicated, with manufacturer's standard edges. Regular type unless otherwise indicated.


a. American Gypsum. b. CertainTeed Corp. c. Georgia-Pacific Gypsum LLC. d. Lafarge North America Inc. e. National Gypsum Company. f. PABCO Gypsum. g. Temple-Inland. h. USG Corporation.

2.3 ACCESSORIES

A. Trim Accessories: ASTM C 1047, formed from galvanized or aluminum-coated steel sheet, rolled zinc, plastic, or paper-faced galvanized-steel sheet. For exterior trim, use accessories formed from hot-dip galvanized-steel sheet, plastic, or rolled zinc.












1. Provide cornerbead at outside corners unless otherwise indicated. 2. Provide LC-bead (J-bead) at exposed panel edges. 3. Provide control joints where indicated.

B. Aluminum Accessories: Extruded-aluminum accessories indicated with finish as noted.


a. Fry Reglet Corp. b. Gordon, Inc. c. Pittcon Industries.

C. Joint-Treatment Materials: ASTM C 475/C 475M.

1. Joint Tape: Paper unless otherwise recommended by panel manufacturer. 2. Joint Compounds: As recommended by panel manufacturer. 3. Skim Coat: As recommended by panel manufacturer.

D. Laminating Adhesive: Adhesive or joint compound recommended for directly adhering gypsum panels to continuous substrate.

1. Adhesive shall have a VOC content of 50 g/L or less. 2. Adhesive shall comply with Green Seal's GS-36 and with the testing and product

requirements of the California Department of Health Services' "Standard Practice for the Testing of Volatile Organic Emissions from Various Sources Using Small-Scale Environmental Chambers."

E. Acoustical Sealant for Exposed and Concealed Joints: Nonsag, paintable, nonstaining latex sealant complying with ASTM C 834.

1. Sealants shall have a VOC content of 250 g/L or less. 2. Sealants shall comply with the testing and product requirements of the California

Department of Health Services' "Standard Practice for the Testing of Volatile Organic Emissions from Various Sources Using Small-Scale Environmental Chambers."

F. Sound-Attenuation Blankets: ASTM C 665, Type I (unfaced).

PART 3 - EXECUTION

3.1 INSTALLATION

A. Install gypsum board to comply with ASTM C 840.

1. Isolate gypsum board assemblies from abutting structural and masonry work. Provide edge trim and acoustical sealant.

2. Single-Layer Fastening Methods: Fasten gypsum panels to supports with screws. 3. Multilayer Fastening Methods: Fasten base layers with screws, and face layer to base

layers with adhesive and supplementary fasteners.

B. Fire-Resistance-Rated Assemblies: Comply with requirements of listed assemblies.







C. Finishing Gypsum Board: ASTM C 840.

1. At concealed areas, unless a higher level of finish is required for fire-resistance-rated assemblies, provide Level 1 finish: Embed tape at joints.

2. At substrates for tile, provide Level 2 finish: Embed tape and apply separate first coat of joint compound to tape, fasteners, and trim flanges.

3. Unless otherwise indicated, provide Level 4 finish: Embed tape and apply separate first, fill, and finish coats of joint compound to tape, fasteners, and trim flanges.

4. Where indicated, provide Level 5 finish: Embed tape and apply separate first, fill, and finish coats of joint compound to tape, fasteners, and trim flanges. Apply skim coat to entire surface.



ACOUSTICAL CEILINGS 095100 - 1

SECTION 095100 - ACOUSTICAL CEILINGS

PART 1 - GENERAL


A. Submittals: Product Data and Samples.

PART 2 - PRODUCTS


A. Seismic Standard: Acoustical ceiling shall withstand the effects of earthquake motions determined according to ASCE/SEI 7.

B. Fire-Resistance-Rated Assemblies: Provide materials and construction identical to those tested in assemblies per ASTM E 119 by an independent testing and inspecting agency acceptable to authorities having jurisdiction.

2.2 ACOUSTICAL TILE

A. Basis-of-Design Product: See Drawings.

2.3 CEILING SUSPENSION SYSTEM

A. Ceiling Suspension System

1. Basis-of-Design Product: See Drawings

B. Attachment Devices: Sized for 5 times the design load indicated in ASTM C 635, Table 1, Direct Hung, unless otherwise indicated. Comply with seismic design requirements.

C. Wire Hangers, Braces, and Ties: Zinc-coated carbon-steel wire; ASTM A 641/A 641M, Class 1 zinc coating, soft temper.

1. Size: Provide yield strength at least 3 times the hanger design load (ASTM C 635, Table 1, Direct Hung), but not less than 12 gauge.

D. Access: Identify access tile with manufacturer's standard unobtrusive markers for each access unit.











ACOUSTICAL CEILINGS 095100 - 2

PART 3 - EXECUTION

3.1 INSTALLATION

A. Install acoustical ceilings to comply with ASTM C 636/C 636M and seismic design requirements indicated, according to manufacturer's written instructions and CISCA's "Ceiling Systems Handbook."

1. Fire-Rated Assembly: Install fire-rated ceiling systems according to tested fire-rated design.

B. Install acoustical panels with undamaged edges and fit accurately into suspension system runners and edge moldings. Scribe and cut panels at borders and penetrations to provide a neat, precise fit.

C. Install acoustical tiles in coordination with suspension system and exposed moldings and trim. Place splines or suspension system flanges into kerfed edges so tile-to-tile joints are closed by double lap of material.

1. Fit adjoining tile to form flush, tight joints. Scribe and cut tile for accurate fit at borders and around penetrations through tile.



PAINTING AND COATING 099000 - 1

SECTION 099000 - PAINTING AND COATING

PART 1 - GENERAL


A. Submittals:

1. Product Data. 2. Samples.

B. Mockups: Full-coat finish Sample of each type of coating, color, and substrate, applied where directed.

C. Extra Materials: Deliver to Owner 1 gal. (3.8 L) of each color and type of finish coat paint used on Project, in containers, properly labeled and sealed.

PART 2 - PRODUCTS

2.1 PAINT

A. Manufacturers: One of the following:

1. Behr Process Corporation. 2. Benjamin Moore & Co. 3. Dunn-Edwards Corporation. 4. Frazee Paint. 5. ICI Paints. 6. Sherwin-Williams Company (The). 7. Vista Paint.

B. Material Compatibility: Provide materials that are compatible with one another and with substrates.

1. For each coat in a paint system, provide products recommended in writing by manufacturers of topcoat for use in paint system and on substrate indicated.

C. Use interior paints and coatings that comply with California limits for VOC content.

D. Colors: As selected or scheduled.










PAINTING AND COATING 099000 - 2

PART 3 - EXECUTION

3.1 PREPARATION

A. Comply with recommendations in MPI's "MPI Architectural Painting Specification Manual" applicable to substrates indicated.

B. Remove hardware, lighting fixtures, and similar items that are not to be painted. Mask items that cannot be removed. Reinstall items in each area after painting is complete.

C. Clean and prepare surfaces in an area before beginning painting in that area. Schedule painting so cleaning operations will not damage newly painted surfaces.

3.2 APPLICATION

A. Comply with recommendations in MPI's "MPI Architectural Painting Specification Manual" applicable to substrates indicated.

B. Paint exposed surfaces, new and existing, unless otherwise indicated.

1. Paint surfaces behind movable equipment and furniture same as similar exposed surfaces. 2. Paint surfaces behind permanently fixed equipment or furniture with prime coat only. 3. Paint the back side of access panels. 4. Color-code mechanical piping in accessible ceiling spaces. 5. Do not paint prefinished items, items with an integral finish, operating parts, and labels

unless otherwise indicated.

C. Apply paints according to manufacturer's written instructions.

1. Use brushes only for exterior painting and where the use of other applicators is not practical.

2. Use rollers for finish coat on interior walls and ceilings.

D. Apply paints to produce surface films without cloudiness, spotting, holidays, laps, brush marks, roller tracking, runs, sags, ropiness, or other surface imperfections. Cut in sharp lines and color breaks.

1. If undercoats or other conditions show through topcoat, apply additional coats until cured film has a uniform paint finish, color, and appearance.

E. Apply stains and transparent finishes to produce surface films without color irregularity, cloudiness, holidays, lap marks, brush marks, runs, ropiness, or other imperfections. Use multiple coats to produce a smooth surface film of even luster.



SIGNAGE 101400 - 1

SECTION 101400 - SIGNAGE

PART 1 - GENERAL


A. Submittals: Product Data, Shop Drawings, and Samples.

1. Submit full-size rubbings for metal plaques.

PART 2 - PRODUCTS

2.1 SIGNS, GENERAL

A. Regulatory Requirements: Comply with applicable provisions in the U.S. Architectural & Transportation Barriers Compliance Board's ADA-ABA Accessibility Guidelines, ICC A117.1, and California Building Code.

2.2 PANEL SIGNS

A. Manufacturers: One of the following:

B. Basis-of-Design Product: Product indicated on Drawings or a comparable product of one of the following:

1. ASI Sign Systems, Inc. 2. Gemini Incorporated 3. Mohawk Sign Systems. 4. Vomar Products, Inc.

C. Interior Panel Signs: Per the drawings.

1. Finishes and Colors: As selected from manufacturer's full range. 2. Tactile Characters: Characters and Grade 2 Braille raised 1/32 inch (0.8 mm) above

surface with contrasting colors. 3. Provide signs for all rooms per the drawings.

2.3 MATERIALS

A. Aluminum Castings: Alloy recommended by sign manufacturer for casting process used and for use and finish indicated.

B. Aluminum Sheet: ASTM B 209 (ASTM B 209M), alloy and temper recommended by aluminum producer and finisher, with not less than the strength and durability of 5005-H15.






SIGNAGE 101400 - 2

C. Aluminum Extrusions: ASTM B 221 (ASTM B 221M), alloy and temper recommended by aluminum producer and finisher, with not less than the strength and durability properties of 6063-T5.

D. Bronze Castings: ASTM B 584, Alloy UNS C83600 (No. 1 manganese bronze).

E. Bronze Plate: ASTM B 36/B 36M, alloy UNS No. C28000 (muntz metal).

F. Stainless Steel: ASTM A 240/A 240M or ASTM A 666, Type 304.

G. Acrylic Sheet: ASTM D 4802, Category A-1 (cell-cast sheet), Type UVA (UV absorbing).

H. Plastic Laminate: High-pressure laminate engraving stock with face and core in contrasting colors.

I. Applied Vinyl: Die-cut characters from vinyl film of nominal thickness of 3 mils (0.076 mm) with pressure-sensitive adhesive backing, suitable for exterior applications.

J. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, by a testing agency acceptable to authorities having jurisdiction, and marked for intended location and application.

PART 3 - EXECUTION

3.1 INSTALLATION

A. Locate signs where indicated or directed by Architect. Install signs level, plumb, and at heights indicated, with sign surfaces free from distortion and other defects in appearance.

B. Wall-Mounted Signs:

1. Two-Face Tape: Mount signs to smooth, nonporous surfaces, other than vinyl. 2. Hook-and-Loop Tapes: Mount signs to smooth, nonporous surfaces. 3. Magnetic Tape: Mount signs to smooth, nonporous surfaces. 4. Silicone-Adhesive Mounting: Attach signs to irregular, porous, or vinyl-covered

surfaces. 5. Mechanical Fasteners: Use nonremovable mechanical fasteners placed through predrilled

holes.



FIRE PROTECTION SPECIALTIES 104400 - 1

SECTION 104400 - FIRE PROTECTION SPECIALTIES

PART 1 - GENERAL



PART 2 - PRODUCTS

2.1 FIRE EXTINGUISHERS AND BRACKETS

A. Portable Fire Extinguishers Insert type designation used on Drawings if using more than one type: NFPA 10, listed and labeled for the type, rating, and classification of extinguisher.

1. Basis-of-Design Product: Product indicated on Drawings or a comparable product of one

of the following:

a. Amerex Corporation. b. Ansul Incorporated; Tyco International Ltd. c. J. L. Industries, Inc.; a division of Activar Construction Products Group. d. Larsen's Manufacturing Company. e. Potter Roemer LLC.

2. Multipurpose Dry-Chemical Type: UL-rated 2-A:10-B:C, 5-lb (2.3-kg) nominal

capacity, in enameled-steel container.

B. Mounting Brackets: Manufacturer's standard steel, designed to secure fire extinguisher to wall or structure, of sizes required for fire extinguishers indicated, with plated or baked-enamel finish.

PART 3 - EXECUTION

3.1 INSTALLATION

A. Install mounting brackets in locations indicated at 54 inches (1372 mm) above finished floor to top of fire extinguisher heights acceptable to authorities having jurisdiction.

B. Install fire extinguishers in mounting brackets where indicated.








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