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BURBANK UNIFIED SCHOOL DISTRICT

PROJECT MANUAL

BID 2627-015

Summer 2027 Roofing at Various Sites

DUE: November 24, 2026 at 11:00 A.M.

Bids will be received in electronic format ONLY at:

https://vendors.planetbids.com/portal/71953/bo/bo-detail/147098

Burbank Unified School District Administrative Offices 1900 W. Olive Avenue Burbank, CA 91506 https://vendors.planetbids.com/portal/71953/bo/bo-detail/135676

David Gerharter

Cross-Out

Purchasing Services Department 1900 W Olive Ave www.burbankusd.org

TABLE OF CONTENTS

BID 2627-015 SUMMER 2027 ROOFING AT VARIOUS SITES

Section 1. Informational Documents INF-01 Cover Page INF-02 Table of Contents INF-03 Public Notice INF-04 Instructions to Bidders INF-05 Contractors Request for Information INF-06 General Conditions INF-07 Insurance Requirements INF-08 Important Dates

Section 2. Specifications Documents SPEC-01 07550 Modified Bituminous Membrane Roofing SPEC-02 073100 Asphalt Shingles

Section 3. Site Drawings SITE-01 Horace Mann Children's Center SITE-02 Robert Louis Stevenson Elementary School SITE-03 William McKinley Elementary School

Section 4. Bid Documents – REQUIRED WITH BID SUBMISSION BID-01 Prequalification Form (required prior to bidding) BID-02 Bid Form BID-03 Bid Bond BID-04 Designation of Subcontractors BID-05 Workers Compensation Certification BID-06 Non-Collusion Declaration BID-07 Fingerprinting Notice BID-08 Drug-Free Workplace Certification BID-09 Sufficient Funds Declaration BID-10 Acknowledgement

Section 5. Contract Documents – REQUIRED ONLY UPON AWARD OF CONTRACT CON-01 Agreement CON-02 Student Contact Form CON-03 Payment Bond CON-04 Performance Bond CON-05 Guarantee CON-06 Financial Interest Disclosure CON-07 Escrow Agreement in Lieu of Retention (Optional) CON-08 Community Workforce Agreement http://www.burbankusd.org/

PUBLIC NOTICE

Bid No. 2627-015 Summer 2027 Roofing at Various Sites

NOTICE IS HEREBY GIVEN that the BURBANK UNIFIED SCHOOL DISTRICT, Burbank, CA, Los Angeles County, acting by and through its Governing Board, hereinafter referred to as the District, will receive electronic Bids for the award of a contract or contracts for the following:

Project Description: Summer 2027 Roofing at Various Sites

Electronic Proposals must be submitted online on or before NOVEMBER 24, 2026, NO LATER THAN 11:00 AM (Pacific Time) to be promptly opened and available for public inspection.

Vendors will find Bid Documents on the District’s Bid Website at https://vendors.planetbids.com/portal/71953/bo/bo-detail/147098.

Oral requests, via telephone or in person, will not be honored. All interested Vendors must register online and download the Bid Documents to receive further information. Each Bid must conform to the Bid Documents, including but not limited to, Scope of Work, Bid Preparation Instructions, General Terms and Conditions, and Specifications. Bids shall be submitted electronically on the District’s Bid Website. Any Bid that is submitted late and/or does not conform to the requirements set forth in the Bid Documents may be rejected as non- responsive.

NOTE: Bids submitted by fax, mail, or email are NOT acceptable. Vendors are solely responsible for ensuring their Bids are received by District prior to the aforementioned date and time using the District’s Bid Website at https://vendors.planetbids.com/portal/71953/bo/bo-detail/147098. District is not responsible for any delays. Bids may be withdrawn at any time prior to the scheduled Bid Opening. However, no Vendor may withdraw their Bid for a period of one hundred eighty (180) calendar days after the Bid opening. The District reserves the right to reject any and all Bid or to waive irregularities in any Bid.

Contractor's License Classification Required: C-39

There will be Mandatory pre-bid job walks on October 26, 2026, starting at 7:30 a.m. Schedule details and locations will be included in the Bid Documents on the bid page.

Department of Industrial Relations Information Bidders are advised that this contract is a public work for purposes of the California Labor

Code, which requires payment of prevailing wages. These per diem rates, including holiday and overtime work, as well as employer payments for health and welfare, pension, vacation, and similar purposes, are available from the Director of the Department of Industrial Relations. Wage rates can be obtained from the Director of the Department of Industrial Relations at http://www.dir.ca.gov/OPRL/dprewagedetermination.htm. Pursuant to California Labor Code Sections 1720 et seq., it shall be mandatory upon the Contractor to whom the Contract is awarded, and upon any subcontractor under such Contractor, to pay not less than the said specified rates to all workers employed by them in the execution of the Contract.

http://www.dir.ca.gov/OPRL/dprewagedetermination.htm

As of March 1, 2015 all contractors bidding on a public works project must be registered with the Department of Industrial Relations pursuant to Labor Code section

1725.5. http://www.dir.ca.gov/Public-Works/PublicWorks.html

Miscellaneous Information

Each bidder shall be a licensed contractor pursuant to the California Business and Professions Code and be licensed to perform the work called for in the contract documents. The successful bidder must possess a valid and active Contractor’s California State License Class as previously indicated at time of bid receipt and throughout the duration of the project. The Contractor’s California State License number shall be clearly stated on the bidder’s proposal.

This Project is subject to Prequalification pursuant to Public Contract Code section

20111.6. Interested contractors must register with the District on Planet Bids at https://vendors.planetbids.com/portal/71953/portal-home and complete a Prequalification application. The Prequalification Application and instructions are available with the Bid Documents.

Bids must be accompanied by a bidder's bond, cashier's check, or certified check for at least ten percent (10%) of the amount of the base bid(s) and made payable to the Owner.

Separate Payment and Performance Bonds are required, each in an amount equal to 100% of the total contract amount and shall be provided to the District prior to execution of the contract and shall be in the form set forth in the contract documents.

All bonds (Bid, Performance, and Payment) must be issued by a California admitted surety as defined in California Code of Civil Procedure Section 995.120.

Each bid must strictly conform with and be responsive to the contract documents as defined in the General Conditions.

By Order of the Board of Education of the

Publication Dates: October 17, 2026 and October 24, 2026

BURBANK LEADER NEWSPAPER

http://www.dir.ca.gov/Public-Works/PublicWorks.html https://vendors.planetbids.com/portal/71953/portal-home

INSTRUCTIONS TO BIDDERS

BID 2627-015 SUMMER 2027 ROOFING AT VARIOUS SITES 1

SECURING DOCUMENTS:

Drawings and specifications are available on the District’s Bid Website at https://vendors.planetbids.com/portal/71953/bo/bo-detail/147098.

BID FORMAT:

To receive consideration, bids shall be made in accordance with the following instructions:

1. Bids shall be made on the Bid Form included with the Bid Documents as listed above. Bids not made on the proper form shall be disregarded. Numbers must be stated in words and figures, and all documents must be signed where indicated.

2. Bids and Schedule of Values for each project must be calculated separately and entered as such on the Bid Form. Each project/site shall be awarded separately to the lowest responsive and responsible bidder.

However, the total value of contracts awarded to any bidder under this solicitation shall not exceed fifty percent (50%) of the bidder's lowest annual revenue from the three (3) most recently completed fiscal years, as reported in the bidder's prequalification application. If the cumulative value of projects otherwise awardable to a bidder would exceed this threshold, the District shall remove projects from that bidder's award recommendation beginning with the lowest-value project and shall award those projects to the next lowest responsive and responsible bidder(s), provided such award(s) do not cause the receiving bidder to exceed its applicable threshold. This process shall be repeated as necessary until all projects are awarded and all bidders remain within their allowable capacity limits.

3. No bid will be considered which makes exceptions, changes, or in any manner makes reservations to the terms of the drawings or specifications.

4. Questions regarding documents, discrepancies, omissions, or doubt as to meanings shall be referred immediately to Burbank Unified School District on an RFI form bid (available with the Bid Documents) or via the online Q&A section of the bid page. The District will send written instructions clarifying such questions to all registered bidders via a Q&A response or addendum. Oral responses will not be binding on the Owner, Architect, or any Construction Manager.

5. Each bid must give the full business address of the bidder and be signed with bidder's usual signature.

Bids by partnerships must furnish the full name of all partners and must be signed in the partnership name by a general partner with authority to bind the partnership in such matters, followed by the signature and designation of the person signing. The name of the person signing shall also be typed or printed below the signature. Bids by corporations must be signed with the legal name of the corporation, followed by the name of the state of incorporation and by the signature and designation of the chairman of the board, president or any vice president. All persons signing must be authorized to bind the corporation in the matter. Satisfactory evidence of the authority of the officer signing on behalf of a corporation shall be furnished.

BID 2627-015 SUMMER 2027 ROOFING AT VARIOUS SITES 2

6. Pursuant to the provisions of Sections 4100 to 4114, inclusive, of the Public Contract Code of the State of California, which are hereby incorporated and made a part hereof, every bidder shall set forth in its bid:

A. The name and location of the place of business of each subcontractor who will perform work or labor or render service to the bidder in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the bidder, specially fabricates and installs a portion of the Work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent (0.5%) of the bidder's total bid.

B. The portion of the Work which will be done by each such subcontractor. If the bidder fails to specify a subcontractor for any portion of the Work to be performed under the Contract in excess of one-half of one percent (0.5%) of the bidder's total bid, the bidder agrees to perform that portion itself. The successful bidder shall not, without the consent of the Owner:

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

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

3) Sublet or subcontract any portion of the Work in excess of one-half of one percent (0.5%) of the total bid as to which the original bid did not designate a subcontractor.

7. The Director of Industrial Relations of the State of California, in the manner provided by law, has ascertained the general prevailing rate of per diem wages and the rate for legal holidays and overtime work. The Contractor must pay for any labor therein described or classified in an amount not less than the rates specified.

8. All bids must be accompanied by a completed Designation of Subcontractors Form (one for each Project), a Workers’ Compensation Certification, Non-Collusion Declaration, Fingerprinting Notice and Acknowledgment, and a Sufficient Funds Declaration.

9. Bids must also be accompanied by a certified check, cashier's check, or bidder's bond for an amount not less than ten percent (10%) of the combined amounts of all base bids, made payable to the order of the Owner. Said check or bond shall be given as a guarantee that the bidder will enter into the Contract if awarded the Work, and in case of refusal or failure to enter into said Contract, the check or bond, as the case may be, shall be payable to the Owner and retained as liquidated damages.

10. Bids shall be sealed and filed as indicated in the Notice to Bidders. Irrespective of how a bidder chooses to deliver the bid and other documents to the Owner, the bidder is responsible for ensuring that the bid and other documents are received at the location designated prior to the time for the bid opening. Bids and other documents for any reason not actually received at the designated location prior to the time for the bid opening shall not be opened or considered.

11. PREQUALIFICATION REQUIREMENT: All prime contractors and subcontractors providing more than $25,000 in total value of subcontracts are required to submit a prequalification application prior to submission of a bid. See Important Dates for the deadline to submit.

BID 2627-015 SUMMER 2027 ROOFING AT VARIOUS SITES 3

12. COMMUNITY WORKFORCE REQUIREMENT: The Community Workforce Agreement (CWA) shall apply only to work contracted by the District and is limited to District Project Work as defined in Article 2 (Scope of Agreement) and Article 3.7 (Core Employees) of the Community Workforce Agreement. The Bidder shall require all subcontractors, of any tier, performing work within the scope of the CWA to become bound by its terms through execution of a Letter of Assent. By submitting a bid, the Bidder certifies that it has read, understands, and agrees to comply with and be bound by the terms and conditions of the Community Workforce Agreement, including any amendments adopted in accordance with the Agreement and any interpretations rendered pursuant to its provisions.

13. GARLAND CERTIFICATION: All bidders must obtain a letter of certification from Garland Roofing Co. specifically referencing this project. Contact Tony DeMartinis at tdemartinis@garlandco.com for more information. The certification letter must be included with the Prequalification Application.

14. LICENSE CLASSIFICATION: The Owner will not consider or accept any bids from contractors who are not licensed to do business in the State of California, in accordance with the California Public Contract Code, providing for the licensing of contractors. In accordance with Section 3300 of said Code, the bidder shall possess a C-39 license and shall maintain that license in good standing through Project completion and all applicable warranty periods.

Unless prohibited by the OWNER, bidders licensed pursuant to Section 7057 of the Business and Professions Code, specifically holding general building contractor B licenses may self-perform any work on the Project to the extent permitted by law. Bids that fail to adhere to these requirements will be deemed non-responsive by the Owner.

WITHDRAWAL OF BIDS:

Bids may be withdrawn by bidders prior to the time fixed for the submittal of bids. A successful bidder shall not be relieved of the bid unless by consent of the Owner or bidder's recourse to Public Contract Code §5100 et seq.

OPENING OF BIDS:

Bids will be opened electronically via the District’s online bidding platform. Upon opening, bid documents will be accessible to authorized District personnel and made publicly available through the District’s bid website at https://vendors.planetbids.com/portal/71953/bo/bo-detail/147098 . All bidders will receive an email notification when bids are opened.

EXAMINATION OF CONTRACT DOCUMENTS AND SITE:

Before submitting a bid, bidders shall examine the drawings, read the specifications, the form of Agreement between Contractor and Owner, and the other Informational, Bid and Contract Documents. Bidders shall visit the site of the proposed Work, examine the building and any work that may have been done thereon.

Bidders shall fully inform themselves of all conditions, in, at, and about the site, the building or buildings, if any, and any work that may have been done thereon. No bidder may submit a bid for a site which they did not attend the Pre-Bid Conference. Any bids for sites not attended will be disregarded.

mailto:tdemartinis@garlandco.com

BID 2627-015 SUMMER 2027 ROOFING AT VARIOUS SITES 4

Pursuant to Public Contract Code section 1104: 1) bidders shall not be required to assume responsibility for the completeness and accuracy of architectural or engineering plans and specifications, except on clearly designated design build projects; 2) however, bidders shall be required to review architectural or engineering plans and specifications prior to submission of their bids and to report any errors or omissions to the Architect or Owner; and 3) the review shall be confined to the bidder’s capacity as a bidder and not as a licensed design professional.

FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR:

The form of Agreement between Owner and Contractor which the successful bidder will be required to execute, if awarded the Work, is a part of this Bid Package.

ADDENDA OR BULLETINS:

Any addenda or bulletins, issued during the time of bidding, shall form a part of the drawings and specifications loaned to the bidder for the preparation of its bid, shall be covered in the bid, and shall be made a part of the Contract Documents. All addenda or bulletins shall be signed by the Owner and approved by the Division of State Architect if applicable.

RESPONSIBLE BIDDER:

All bidders shall submit promptly to the Owner or its designee, via the Prequalification Form, satisfactory evidence showing the bidder's financial resources, the bidder's experience in the type of work required by the Owner, the bidder's organization available for the performance of the Contract, and any other required evidence of the bidder's and/or its subcontractor's qualifications to perform the proposed Contract. The Owner may consider such evidence before making its decision awarding the proposed Contract. Failure to submit evidence of the bidder's or its subcontractors' responsibility to perform the proposed Contract may result in rejection of the bid. A hearing with Owner’s governing body regarding responsibility is only required upon request of the lowest responsive bidder after an initial determination by the Owner of said bidder’s non-responsibility. No such hearing is required upon an initial determination by the Owner that the lowest responsive bidder is responsible. Contractors will be notified of their (and their subcontractors’) prequalification status within 7 calendar days of the submission of the Prequalification Application(s).

AWARD OF CONTRACT:

Rejection of any or all bids, to contract work with whomever and in whatever manner, to abandon work entirely, and/or to waive any informality in receiving of bids is reserved as the right of the Owner. Before the Contract is awarded, the Owner may at its sole discretion, require from the proposed Contractor on the Project further evidence of the reasonable qualifications of such contractor to faithfully, capably, and reasonably perform such proposed Contract and may consider such evidence before making its decision on the award of such proposed Contract.

The Contract may be split into multiple prime contracts and shall be awarded to the lowest responsible and responsive bidder for each Project as interpreted by the Owner under California law and the Contract, including the Notice to Bidders and these Instructions, and a Notice of Intent to Award Contract shall be

BID 2627-015 SUMMER 2027 ROOFING AT VARIOUS SITES 5

delivered to the successful bidder(s). Owner reserves the right, without any liability, to cancel the award of any bid for any reason at any time before the full execution of the Agreement between Owner and Contractor.

EXECUTION OF AGREEMENT BETWEEN OWNER AND CONTRACTOR:

The Agreement between Owner and Contractor shall be signed by the successful bidder(s) and returned, together with the required Contract bonds, insurance certificates, additional insured endorsement, declarations page and Independent Contractor Student Contact Form, within ten (10) days after delivering of the Notice of Award of Contract. If the ten (10) day period would expire after the date for commencement of the Work, Contractor must submit the documents before the date of commencement of the Work. If the successful bidder does not comply with this paragraph, Owner may revoke and/or cancel the award to the successful bidder and award the Contract to the next lowest bidder or may otherwise proceed as allowed by law.

CONTRACT BONDS:

As required by the Contract Documents, two bonds, as itemized below and in the forms presented in the Contract Documents, shall be furnished by the successful bidder on the Project at the time of entering into the Contract and filed with the Owner before the successful bidder commences any work on the Project.

They shall be in the form of surety bonds issued by Admitted Surety insurers (an insurance organization authorized by the Insurance Commissioner to transact business of insurance in the State of California during this calendar year). The surety insurers must, unless otherwise agreed to by Owner in writing, at the time of issuance of the bond, have a rating not lower than “A-” as rated by A.M. Best Company, Inc. or other independent rating companies. Owner reserves the right to approve or reject the surety insurers selected by Contractor and to require Contractor to obtain bonds from surety insurers satisfactory to the Owner.

Performance Bond in the amount of one hundred percent (100%) of the Contract Sum to insure Owner during construction, and for one year after completion and during any warranty or guaranty period, against faulty or improper materials or workmanship and to assure Owner of full and prompt performance of the Contract.

Payment Bond (Labor and Material) in the amount of one hundred percent (100%) of the Contract Sum in accordance with the laws of the State of California to secure payment of any and all claims for labor and materials used or consumed in performance of this Contract.

SUBSTITUTION OF MATERIALS:

The Contractor must ensure that the proposed substitutions by the Contractor or its subcontractors are submitted to the District not less than fourteen (14) calendar days prior to the Bid Opening for review and possible approval of any equipment or materials thought to be equal to or better than those specified in the drawings or specifications. Substitution requests will NOT be accepted from Contractors who have not been Prequalified. An addendum will be issued seven (7) calendar days prior to Bid Opening, including all equipment and materials deemed equivalent to those specified and approved by the District. Submittals

BID 2627-015 SUMMER 2027 ROOFING AT VARIOUS SITES 6

shall include comparative spec-data of the specified equipment or material, and the proposed substitution as set forth in the Contract Documents. Submittals without this information will be automatically rejected.

PAYMENTS:

Payments to the Contractor on account of the Contract shall be made in accordance with the terms of the Contract Documents. All Applications for Payment must be presented on Form G702/703 and submitted for approval. Copies of this form will be supplied by the Owner.

TAXES:

The Owner is not exempt from payment of California State sales tax on materials.

EARLY TERMINATION:

Notwithstanding any provision herein to the contrary, if for any fiscal year of this Contract the governing body of the Owner fails to appropriate or allocate funds for future periodic payments under the Contract after exercising reasonable efforts to do so, the Owner may upon thirty (30) days' notice, order work on the Project to cease. The Owner will remain obligated to pay for the work already performed but shall not be obligated to pay the balance remaining unpaid beyond the fiscal period for which funds have been appropriated or allocated and for which the work has not been done.

TIME OF COMPLETION AND LIQUIDATED DAMAGES:

Time is of the essence in this Contract, and the date of completion for this Project shall be on or before August 6, 2027.

Liquidated damages will accrue and may be assessed as provided in the Contract Documents. Should said Work not be completed within the time limit as may be extended as herein provided, damages will be sustained by the Owner. It is understood and agreed that it is and will be impracticable or extremely difficult to determine the actual amount of damages which the Owner will sustain in the event of and by reason of such delay, and it is therefore agreed that the Contractor will pay the Owner the sum of One Thousand Five Hundred Dollars ($1,500.00) per calendar day for each and every day's delay beyond the time specified as and for liquidated damages, during or as a result of each calendar day by which completion of the Project is delayed beyond the completion date; in case the Contractor fails to make such payment, the Owner may deduct the amount thereof from any money due or that may become due the Contractor under the Contract. Should such money not be sufficient, the Owner shall have the right to recover the balance from the Contractor or its sureties.

PERMITS AND FEES:

The District is providing the plans and specifications for which the District is paying for permits and fees.

If other items or work that are being provided by Contractor should require permits or fees, Contractor shall be solely responsible for obtaining, and shall pay for such permits or fees.

BID 2627-015 SUMMER 2027 ROOFING AT VARIOUS SITES 7

KEYS:

Contractor shall be issued gate key(s) for access to the Site(s). Contractor shall return gate key(s) to the District upon completion of the Work. Contractor shall be subject to a charge of Two-Hundred Dollars ($200) for loss of a gate key.

If a Contractor is provided with building keys and they are lost, stolen, or cannot be returned to the District for any reason, Contractor shall be charged $3,500 per elementary school, $4,500 per middle school, and $5,500 per high school for the cost to re-key any school. The Contractor is responsible for returning the keys upon completion of the work. Retention will not be released until keys are returned and the cost to rekeying will be deducted from retention.

The keys must not be duplicated.

STANDARDIZED FORMS:

Forms such as Payment Applications, Change Orders, and Certain Releases are provided to the Contractor and shall NOT be signed before submitting them to the District. Forms should only be sent to the District in the format originally supplied. District Personnel will distribute as needed for electronic signature.

CONTRACTOR’S REQUEST FOR INFORMATION

From:

Company Contact

Phone Date Urgency

Question:

Proposed Solution:

Response from Owner:

By: ___________________________________________ Date: ___________________________

Questions must be emailed to Valezka Emes, valezkaemes@burbankusd.org by 12:00 pm, November 19, 2026

FromContractor:

Contact:

Phone:

RequestDate:

Urgency:

Question:

Solution:

Response:

ReplyDate:

Responder:

GENERAL CONDITIONS

for

CONTRACT OF CONSTRUCTION

2627-015 Summer 2027 Roofing at Various Sites

Burbank Unified School District

October 16, 2026

BID 2627-015 SUMMER 2027 ROOFING AT VARIOUS SITES i

SUMMARY OF CONTENTS

ARTICLE 1: GENERAL CONDITIONS

ARTICLE 2: OWNER

ARTICLE 3: THE CONTRACTOR

ARTICLE 4: ADMINISTRATION OF THE CONTRACT

ARTICLE 5: SUBCONTRACTORS

ARTICLE 6: CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS

ARTICLE 7: CHANGES IN THE WORK

ARTICLE 8: TIME

ARTICLE 9: PAYMENTS AND COMPLETION

ARTICLE 10: PROTECTION OF PERSONS AND PROPERTY

ARTICLE 11: INSURANCE AND BONDS

ARTICLE 12: UNCOVERING AND CORRECTION OF WORK

ARTICLE 13: MISCELLANEOUS PROVISIONS

ARTICLE 14: TERMINATION OR SUSPENSION OF THE CONTRACT

i

TABLE OF CONTENTS

ARTICLE 1

GENERAL CONDITIONS

1.1 BASIC DEFINITIONS

1.1.1 The Contract Documents

1.1.2 The Contract

1.1.3 The Work

1.1.4 The Project

1.1.5 The Drawings

1.1.6 The Specifications

1.1.7 The Project Manual

1.1.8 Or

1.1.9 Completion

1.2 EXECUTION, CORRELATION AND

INTENT

1.2.1 Correlation and Intent

1.2.2 Addenda and Deferred Approvals

1.2.3 Specification Interpretation

1.3 OWNERSHIP AND USE OF ARCHITECT’S

DRAWINGS, SPECIFICATIONS AND

OTHER DOCUMENTS

ARTICLE 2

OWNER

2.1 DEFINITION

2.2 INFORMATION AND SERVICES

REQUIRED OF THE OWNER

2.2.1 Intentionally Left Blank

2.2.2 Site Survey

2.2.3 Soils

2.2.4 Utility Survey

2.2.5 Information

2.2.6 Existing Utility Lines; Removal, Relocation

2.2.7 Easements

2.2.8 Reasonable Promptness

2.2.9 Copies Furnished

2.2.10 Duties Cumulative

2.3 OWNER’S RIGHT TO STOP THE WORK

2.4 OWNER’S RIGHT TO CARRY

OUT THE WORK

ARTICLE 3

THE CONTRACTOR

3.1 DEFINITION

3.2 SUPERVISION AND CONSTRUCTION

PROCEDURES

3.2.1 Contractor

3.2.2 Contractor Responsibility

3.2.3 Obligations not Changed by

Architect’s Actions

3.2.4 Contractor Responsibility for

Readiness for Work

3.2.5 Project Meetings

3.3 SUPERINTENDENT

3.3.1 Full Time Superintendent

3.3.2 Staff

3.3.3 Right to Remove

3.4 LABOR AND MATERIALS

3.4.1 Contractor to Provide

3.4.2 Quality

3.4.3 Replacement

3.4.4 Discipline

3.5 WARRANTY

3.6 TAXES

3.7 PERMITS, FEES AND NOTICES

3.7.1 Payment

3.7.2 Compliance

3.7.3 Contract Documents

3.7.4 Responsibility

3.8 ALLOWANCES

3.8.1 Contract

3.8.2 Scope

3.9 CONTRACTOR’S CONSTRUCTION

SCHEDULES

3.9.1 Requirements

3.9.2 DSA Oversight Process

3.9.3 Failure to Meet Requirements

3.10 DOCUMENTS AND

SAMPLES AT THE SITE

3.11 SHOP DRAWINGS, PRODUCT DATA,

AND SAMPLES

3.11.1 Submittals Defined

3.11.2 Drawing Submission Procedure

3.11.3 Sample Submissions Procedure

3.11.4 Substitutions

3.11.5 Deferred Approvals

3.12 CUTTING AND PATCHING

3.12.1 Scope

3.12.2 Consent

3.12.3 Structural Members

3.12.4 Subsequent Removal

3.13 CLEANING UP

3.13.1 Contractor’s Responsibility

3.13.2 Failure to Cleanup

3.13.3 Construction Buildings

3.14 ACCESS TO WORK

3.15 ROYALTIES AND PATENTS

3.15.1 Payment and Indemnity

3.15.2 Review

3.16 INDEMNIFICATION

3.16.1 Scope: Contractor

3.16.2 Scope: Subcontractors

3.16.3 No Limitation

3.17 OWNER AS INTENDED BENEFICIARY

3.18 NOTICE OF EXCUSE FOR

NONPERFORMANCE

ARTICLE 4

ADMINISTRATION OF THE CONTRACT

4.1 ARCHITECT

4.1.1 Definition

4.1.2 Modification

4.1.3 Termination

4.2 ARCHITECT’S ADMINISTRATION OF THE

CONTRACT

4.2.1 Status

4.2.2 Site Visits

4.2.3 Limitations of Construction Responsibility

4.2.4 Communications Facilitating Contract

Administration

4.2.5 Payment Applications

4.2.6 Rejection of Work

4.2.7 Change Orders

4.2.8 Warranties Upon Completion

4.2.9 Interpretation

4.2.10 Additional Instructions

4.3 INSPECTOR OF RECORD

4.3.1 General

4.3.2 Inspector’s of Record’s Duties

4.3.3 Inspector of Record’s Authority to Reject

or Stop Work

4.3.4 Inspector of Record’s Facilities

4.4 RESPONSIBILITY FOR ADDITIONAL

CHARGES INCURRED BY THE OWNER

FOR PROFESSIONAL SERVICES

4.5 NOTICES OF POTENTIAL CHANGE,

CHANGE ORDER REQUESTS,

AND CLAIMS

4.5.1 Notice of Potential Change

4.5.2 Allowance

4.5.3 Definition of Claim

4.5.4 Time for Submitting Claim; Waiver

4.5.5 Content of Claim

4.5.6 Procedures for Claims Less Than

or Equal to $375,000 (Public Contract Code Section 20104.2)

4.5.7 Procedures for Claims Over $375,000

4.5.8 Continuing Contract Performance

4.5.9 Claims for Concealed or Unknown

Conditions

4.5.10 Injury or Damage to Person or Property

ARTICLE 5

SUBCONTRACTORS

5.1 DEFINITIONS

5.1.1 Subcontractor

5.1.2 Sub-Subcontractor

5.1.3 Specialty Contractors

5.2 AWARD OF SUBCONTRACTS

AND OTHER CONTRACTS FOR

PORTIONS OF THE WORK

5.2.1 Assignment or Substitution -

Consent of Owner

5.2.2 Grounds for Substitution

5.3 SUBCONTRACTUAL RELATIONS

5.4 CONTINGENT ASSIGNMENT OF

SUBCONTRACTS

5.5 SUBCONTRACTOR’S RESPONSIBILITIES . 37

5.5.1 Supervision by Subcontractors

5.5.2 Discipline and Order

5.5.3 Defects Discovered

5.5.4 Subcontractor Information

5.5.5 Temporary Structures

5.5.6 Charges to Subcontractor

5.5.7 Fines Imposed

5.5.8 Project Signs

5.5.9 Remedies for Failure to Perform

5.5.10 Disputes Not to Affect Work

5.5.11 Application for Payment

5.5.12 Compliance with Procedures

5.5.13 On-Site Record Keeping

5.5.14 Non-Exclusive Obligations

ARTICLE 6

CONSTRUCTION BY OWNER OR BY SEPARATE

CONTRACTORS

6.1 OWNER’S RIGHT TO PERFORM

CONSTRUCTION AND TO AWARD

SEPARATE CONTRACTS

6.1.1 Owner’s Rights

6.1.2 Designation as Contractor

6.1.3 Contractor Duties

6.1.4 Owner Obligations

6.2 MUTUAL RESPONSIBILITY

6.2.1 Delivery and Storage

6.2.2 Notice by Contractor

6.2.3 Costs Incurred

6.2.4 Correction of Damage

6.3 OWNER’S RIGHT TO CLEAN UP

ARTICLE 7

CHANGES IN THE WORK

7.1 CHANGES

7.1.1 No Changes Without Authorization

7.1.2 Authority to Order Minor Changes

7.2 CHANGE ORDERS

7.3 CONSTRUCTION CHANGE

DIRECTIVES (”CCD”)

7.3.1 Definition

7.3.2 Use to Direct Change

7.4 REQUEST FOR INFORMATION (”RFI”)

7.4.1 Definition

7.4.2 Scope

7.4.3 Response Time

7.4.4 Costs Incurred

7.5 REQUEST FOR PROPOSAL (”RFP”)

7.5.1 Definition

7.5.2 Scope

7.6 CHANGE ORDER REQUEST (”COR”)

7.6.1 Definition

7.6.2 Changes in Price

7.6.3 Changes in Time

7.7 PRICE OF CHANGE ORDERS

7.7.1 Scope

7.7.2 Determination of Cost

7.7.3 Format for Proposed Cost Change

7.7.4 Discounts, Rebates, and Refunds

7.7.5 Accounting Records

7.7.6 Notice Required

7.7.7 Applicability to Subcontractors

7.8 WAIVER OF RIGHT TO CLAIM

MONEY OR TIME

ARTICLE 8

TIME

8.1 DEFINITIONS

8.1.1 Contract Time

8.1.2 Notice to Proceed

BID 2627-015 SUMMER 2027 ROOFING AT VARIOUS SITES ii

8.1.3 Days

8.2 HOURS OF WORK

8.2.1 Sufficient Forces

8.2.2 Performance During Working Hours

8.2.3 Labor Code Application

8.2.4 Costs for After Hours Inspections

8.2.5 Time for Commencement By Subcontractors ... 50

8.3 PROGRESS AND COMPLETION

8.3.1 Time of the Essence

8.3.2 No Commencement Without Insurance

8.3.3 Expeditious Completion

8.4 EXTENSIONS OF TIME - LIQUIDATED

DAMAGES

8.4.1 Conditions Allowing for Extensions of Time to

Complete the Work Only (Excusable Delay)

8.4.2 Compensable Delay (Time and Money)

8.4.3 Notice by Contractor Required; Procedures for

Demanding Additional Time or Money

8.4.4 Early Completion

8.4.5 Liquidated Damages

8.5 GOVERNMENT APPROVALS

ARTICLE 9

PAYMENTS AND COMPLETION

9.1 CONTRACT SUM

9.2 COST BREAKDOWN

9.2.1 Required Information

9.2.2 Owner Acceptance Required

9.3 APPLICATIONS FOR PAYMENT

9.3.1 Procedure

9.3.2 Purchase of Materials and Equipment

9.3.3 Warranty of Title

9.4 REVIEW OF PROGRESS PAYMENT

9.4.1 Owner Acceptance

9.4.2 Owner’s Review

9.5 DECISIONS TO WITHHOLD PAYMENT

9.5.1 Reasons to Withhold Payment

9.5.2 Payment After Cure

9.5.3 Overpayment and/or Failure to Withold

9.6 PROGRESS PAYMENTS

9.6.1 Payments to Contractor

9.6.2 Payments to Subcontractors

9.6.3 Percentage of Completion or

Payment Information

9.6.4 No Obligation of Owner for

Subcontractor Payment

9.6.5 Payment to Suppliers

9.6.6 Payment Not Constituting

Approval or Acceptance

9.6.7 Joint Checks

9.7 COMPLETION OF THE WORK

9.7.1 Close-Out Procedures

9.7.2 Costs of Multiple Inspections

9.8 PARTIAL OCCUPANCY OR USE

9.9 FINAL PROGRESS PAYMENT AND

RELEASE OF RETENTION

9.9.1 Final Application for Progress Payment

9.9.2 Procedures for Application for

Final Progress Payment

9.9.3 Release of Retainage

9.10 SUBSTITUTION OF SECURITIES

ARTICLE 10

PROTECTION OF PERSONS AND PROPERTY

10.1 SAFETY PRECAUTIONS

AND PROGRAMS

10.1.1 Contractor Responsibility

10.1.2 Subcontractor Responsibility

10.1.3 Cooperation

10.1.4 Accident Reports

10.1.5 First-Aid Supplies at Site

10.2 SAFETY OF PERSONS AND PROPERTY

10.2.1 The Contractor

10.2.2 Contractor Notices

10.2.3 Safety Barriers and Safeguards

10.2.4 Use or Storage of Hazardous Material

10.2.5 Fingerprinting

10.3 PROTECTION OF WORK

AND PROPERTY

10.3.1 Protection of Work

10.3.2 Protection for Elements

10.3.3 Shoring and Structural Loading

10.3.4 Conformance Within Established Limits

10.3.5 Subcontractor Enforcement of Rules

10.3.6 Site Access

10.3.7 Protection of Materials

10.4 EMERGENCIES

10.4.1 Emergency Action

10.4.2 Accident Reports

10.5 HAZARDOUS MATERIALS

10.5.1 Discovery of Hazardous Materials

10.5.2 Hazardous Material Work Limitations

10.5.3 Indemnification By Owner for Hazardous

Material Not Caused by Contractor

10.5.4 Indemnification by Contractor for Hazardous

Material Caused by Contractor

10.5.5 Terms of Hazardous Material Provision

10.5.6 Archeological Materials

ARTICLE 11

INSURANCE AND BONDS

11.1 CONTRACTOR’S LIABILITY

INSURANCE

11.1.1 Liability Insurance Requirements

11.1.2 Subcontractor Insurance Requirements

11.1.3 Owner’s Insurance

11.1.4 Additional Insured Endorsement

Requirements

11.1.5 Workers’ Compensation Insurance

11.1.6 Builder’s Risk

11.1.7 Consent of Insurer for Partial

Occupancy or Use

11.1.8 Fire Insurance

11.1.9 Other Insurance

11.1.10 Proof of Carriage of Insurance

11.1.11 Compliance

11.2 PERFORMANCE AND

PAYMENT BONDS

11.2.1 Bond Requirements

11.2.2 Surety Qualification

iii

ARTICLE 12

UNCOVERING AND CORRECTION OF WORK

12.1 UNCOVERING OF WORK

12.1.1 Uncovering Work for Required Inspections

12.1.2 Costs for Inspections not Required

12.2 CORRECTION OF WORK; WARRANTY

12.2.1 Correction of Rejected Work

12.2.2 Removal of Nonconforming Work

12.2.3 Owner’s Rights if Contractor Fails to Correct ... 70

12.2.4 Cost of Correcting the Work

12.2.5 Warranty Corrections

12.2.6 No Time Limitation

12.3 NONCONFORMING WORK

ARTICLE 13

MISCELLANEOUS PROVISIONS

13.1 GOVERNING LAW

13.2 SUCCESSORS AND ASSIGNS

13.3 WRITTEN NOTICE

13.4 RIGHTS AND REMEDIES

13.4.1 Duties and Obligations Cumulative

13.4.2 No Waiver

13.5 TESTS AND INSPECTIONS

13.5.1 Compliance

13.5.2 Independent Testing Laboratory

13.5.3 Advance Notice to Inspector of Record

13.5.4 Testing Off-Site

13.5.5 Additional Testing or Inspection

13.5.6 Costs for Retesting

13.5.7 Costs for Premature Test

13.5.8 Tests or Inspections Not to Delay Work

13.6 [INTENTIONALLY LEFT BLANK]

13.7 TRENCH EXCAVATION

13.7.1 Trenches Greater Than Five Feet

13.7.2 Excavation Safety

13.7.3 No Tort Liability of Owner

13.8 WAGE RATES

13.8.1 Wage Rates

13.8.2 Holiday and Overtime Pay

13.8.3 Wage Rates Not Affected by Subcontracts

13.8.4 Change in Prevailing Wage During Bid or

Construction

13.8.5 Forfeiture and Payments

13.8.6 Minimum Wage Rates

13.8.7 Per Diem Wages

13.8.8 Posting of Wage Rates

13.9 RECORD OF WAGES PAID:

INSPECTION

13.9.1 Application of Labor Code

13.10 APPRENTICES

13.10.1 Apprentice Wages and Definitions

13.10.2 Apprentice Labor Pool

13.10.3 Journeyman/Apprentice Ratio;

Computation of Hours

13.10.4 Journeyman/Apprentice Ratio

13.10.5 Ratio Exemption

13.10.6 Apprentice Fund

13.10.7 Prime Contractor Compliance

13.10.8 Decisions of Joint Apprenticeship Committee .. 79

13.10.9 No Bias

13.10.10 Violation of Labor Code

13.11 ASSIGNMENT OF ANTITRUST CLAIMS

13.11.1 Application

13.11.2 Assignment of Claim

13.12 AUDIT

13.13 STORM WATER DISCHARGE PERMIT

13.14 COMMIUNITY WORKFORCE

AGREEMENT

ARTICLE 14

TERMINATION OR SUSPENSION

OF THE CONTRACT

14.1 TERMINATION BY THE CONTRACTOR

FOR CAUSE

14.2 TERMINATION BY THE OWNER

FOR CAUSE

14.2.1 Grounds for Termination

14.2.2 Notification of Termination

14.2.3 Payments Withheld

14.2.4 Payments Upon Completion

14.2.5 Inclusion of Termination for Convenience

14.3 SUSPENSION OR TERMINATION BY

THE OWNER FOR CONVENIENCE

14.3.1 Suspension by Owner

14.3.2 Termination by the Owner for Convenience

14.4 NOT A WAIVER

14.5 MUTUAL TERMINATION

FOR CONVENIENCE

14.6 EARLY TERMINATION

iv

BID 2627-015 SUMMER 2027 ROOFING AT VARIOUS SITES 1

ARTICLE 1

GENERAL CONDITIONS

1.1 BASIC DEFINITIONS

1.1.1 THE CONTRACT DOCUMENTS

The “Contract Documents” consist of the Agreement between Owner and Contractor (hereinafter the Agreement), Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, addenda issued prior to bid, Instructions to Bidders, Notice to Bidders, the Bid Form, Payment Bond, Performance Bond, required insurance certificates, additional insured endorsement and declarations page, Designation of Subcontractors, Non-Collusion Declaration, Roof Project Certification (where applicable), Sufficient Funds Declaration (Labor Code section 2810) and the Fingerprinting Notice and Acknowledgment and Independent Contractor Student Contact Form, other documents referred to in the Agreement, and Modifications issued after execution of the Agreement. A Modification is a written amendment to the Contract signed by both parties, a Change Order, a Construction Change Directive, or a written order for a minor change in the Work issued by the Owner. The Contract Documents are complementary, and each obligation of the Contractor, Subcontractors, material or equipment suppliers in any shall be binding as if specified in all.

1.1.2 THE CONTRACT

The Contract Documents form the Contract. The “Contract” represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral.

The Contract may be amended or modified only by a written Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind between the Architect and Contractor, between the Owner and any Subcontractor or Sub-subcontractor, or between any persons or entities other than the Owner and the Contractor. The terms of the Contract shall not be waived, altered, modified, supplemented or amended in any manner whatsoever except by written agreement signed by the parties and approved or ratified by the Governing Board.

1.1.3 THE WORK

The “Work” shall include all labor, materials, services and equipment necessary for the Contractor to fulfill all of its obligations pursuant to the Contract Documents, including but not limited to punch list items. It shall include the initial obligation of any Contractor or Subcontractor, who performs any portion of the Work, to visit the Site of the proposed Work with Owner’s representatives, a continuing obligation after the commencement of the Work to fully acquaint and familiarize itself with the conditions as they exist and the character of the operations to be carried on under the Contract Documents, and make such investigation as it may see fit so that it shall fully understand the facilities, physical conditions, and restrictions attending the Work under the Contract Documents. Each such Contractor or Subcontractor shall also thoroughly examine and become familiar with the Drawings, Specifications, and associated bid documents. The “Site” refers to the grounds of the Project as defined in the Contract Documents and such adjacent lands as may be directly affected by the performance of the Work. The Work shall constitute a “work of improvement” under Civil Code section 8050 and Public Contract Code section 7107.

BID 2627-015 SUMMER 2027 ROOFING AT VARIOUS SITES 2

1.1.4 THE PROJECT

The “Project” is the total construction of the Work performed in accordance with the Contract Documents in whole or in part and which may include construction by the Owner or by separate contractors.

1.1.5 THE DRAWINGS

The “Drawings” are graphic and pictorial portions of the Contract Documents prepared for the Project and approved changes thereto, wherever located and whenever issued, showing the design, location, and scope of the Work, generally including plans, elevations, sections, details, schedules, and diagrams as drawn or approved by the Architect.

1.1.6 THE SPECIFICATIONS

The “Specifications” are that portion of the Contract Documents consisting of the written requirements for material, equipment, construction systems, instructions, quality assurance standards, workmanship, and performance of related services.

1.1.7 THE PROJECT MANUAL

The “Project Manual” is the volume usually assembled for the Work which may include, without limitation, the bidding requirements, sample forms, Agreement, Conditions of the Contract, and Specifications.

1.1.8 OR

“Or” shall include “and/or.”

1.1.9 COMPLETION

Statutory definitions of “completion” and “complete” shall apply for those statutory purposes. For accrual of liquidated damages, Claim and warranty purposes, “completion” and “complete” mean the point in the Project where (1) Contractor has fully and correctly performed all Work in all parts and requirements, including corrective and punch list work, and (2) Owner’s representatives have conducted a final inspection that confirmed this performance. Substantial, or any other form of partial or non-compliant, performance of the Work shall not constitute “completion” or “complete” under the Contract Documents.

1.2 EXECUTION, CORRELATION AND INTENT

1.2.1 CORRELATION AND INTENT

1.2.1.1 Documents Complementary and Inclusive. The Contract Documents are complementary and are intended to include all items required for the proper execution and completion of the Work. Any item of work mentioned in the Specifications and not shown on the Drawings, or shown on the Drawings and not mentioned in the Specifications, shall be provided by Contractor as if shown or mentioned in both.

1.2.1.2 Coverage of the Drawings and Specifications. The Drawings and Specifications generally describe the work to be performed by Contractor. Generally, the Specifications describe work which cannot be readily indicated on the Drawings and indicate types, qualities, and methods of installation of the various materials and equipment required for the Work. It is not intended to mention every item of Work in the Specifications, which can be adequately shown on the Drawings, or to show on the Drawings all items of Work described or required by the Specifications even if they are of such nature that they could have been shown. All materials or labor for Work, which

BID 2627-015 SUMMER 2027 ROOFING AT VARIOUS SITES 3

is shown on the Drawings or the Specifications (or is reasonably inferable therefrom as being necessary to complete the Work), shall be provided by the Contractor whether or not the Work is expressly covered in the Drawings or the Specifications. It is intended that the Work be of sound, quality construction, and the Contractor shall be responsible for the inclusion of adequate amounts to cover installation of all items indicated, described, or implied in the portion of the Work to be performed by Contractor.

1.2.1.3 Conflicts. Without limiting Contractor’s obligation to identify conflicts for resolution by the Owner, it is intended that the more stringent, higher quality, and greater quantity of Work shall apply.

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

Before commencing any portion of the Work, Contractor shall check and review the Drawings and Specifications for such portion for conformance and compliance with all laws, ordinances, codes, rules and regulations of all governmental authorities and public utilities affecting the construction and operation of the physical plant of the Project, all quasi-governmental and other regulations affecting the construction and operation of the physical plant of the Project, and other special requirements, if any, designated in the Contract Documents. In the event Contractor observes any violation of any law, ordinance, code, rule or regulation, or inconsistency with any such restrictions or special requirements of the Contract Documents, Contractor shall promptly notify Architect and Owner in writing of same and shall ensure that any such violation or inconsistency shall be corrected in the manner provided hereunder prior to the construction of that portion of the Project. Where requirements of the Contract Documents exceed those of the applicable building codes and ordinances, the Contract Documents shall govern. Contractor shall comply with all applicable Federal, State and local laws.

If, as and to the extent that Public Contract Code section 1104 is deemed to apply after the Award of the Contract, Contractor shall not be required to assume responsibility for the completeness and accuracy of architectural or engineering plans and specifications, notwithstanding any other provision in the Contract Documents, except to the extent that Contractor discovered or should have discovered and reported any errors and omissions to the Architect or Owner, including but not limited to as the result of any review of the plans and specifications by Contractor required by the Instructions to Bidders or other Contract Documents, whether or not actually performed by Contractor.

1.2.1.5 Ambiguity. Before commencing any portion of the Work, Contractor shall carefully examine all Drawings and Specifications and other information given to Contractor as to materials and methods of construction and other Project requirements. Contractor shall immediately notify Architect and Owner in writing of any perceived or alleged error, inconsistency, ambiguity, or lack of detail or explanation in the Drawings and Specifications in the manner provided herein. If the Contractor or its Subcontractors, material or equipment suppliers, or any of their officers, agents, and employees performs, permits, or causes the performance of any Work under the Contract Documents, which it knows or should have known to be in error, inconsistent, or ambiguous, or not sufficiently detailed or explained, Contractor shall bear any and all costs arising therefrom including, without limitation, the cost of correction thereof without increase or adjustment to the Contract Sum or the time for performance. If Contractor performs, permits, or causes the performance of any Work under the Contract Documents prepared by or on behalf of Contractor which is in error, inconsistent or ambiguous, or not sufficiently detailed or explained, Contractor shall bear any and all resulting costs, including, without limitation, the cost of correction, without increase to or adjustment in the Contract Sum or the time for performance.