Terra Linda High School Art Quad, Dust Collector, and ADA Reconfigure Notice to Bidders

SAN RAFAEL CITY SCHOOLS NOTICE TO BIDDERS TLHS ART QUAD, DUST COLLECTOR, AND ADA RECONFIGURE PROJECT NO. 24-03 DOCUMENT 00 11 16 NOTICE TO BIDDERS 1. Notice is hereby given that the governing board (“Board”) of the San Rafael City Schools (“District”) will receive, by electronic submission, bids for the following project, Bid No. 24-03, (“Project” or “Contract”): TLHS Art Quad, Dust Collector, and ADA Reconfigure 2. The Project consists of: ADA parking lot reconfiguration which includes sidewalk, curb, and gutter. Demo of an existing dust collector, installation of a new dust collector with associated interior/ exterior duct work, electrical work, and fencing. Quad landscaping at new Ceramics Building. Estimate: $700,000.00 3. To bid on this Project, the Bidder is required to possess one or more of the following State of California contractors’ license(s): B License The Bidder's license(s) must remain active and in good standing throughout the term of the Contract. 4. To bid on this

Project, the Bidder is required to be registered as a public works contractor with the Department of Industrial Relations pursuant to the Labor Code. 5. Contract Documents will be available on or after March 8th, 2024, and may be downloaded from the District’s website, https://www.srcsbondprogram.org/domain/16 , using the [“Doing Business With Us”] link. 6. San Rafael City Schools will only receive bids submitted electronically. Bids will be received until 2:30:00 p.m., March 28th, 2024, only at the following email address: bondprogram@srcs.org after which time the bids will be opened and publicly read aloud via video conference. A link to the video conference will be provided by Addendum. Any bid that is submitted after this time shall be nonresponsive and returned to the bidder. Each bidder is solely responsible for timely submission of its bid; the District is not responsible for any technological issues in a bidder’s ability to timely submit its bid or portion thereof. Any claim by a bidder of error in its bid must be made in compliance with section 5100 et seq. of the Public Contract Code. Prior to publicly reading aloud bids https://www.srcsbondprogram.org/domain/16 mailto:bondprogram@srcs.org SAN RAFAEL CITY SCHOOLS NOTICE TO BIDDERS TLHS ART QUAD, DUST COLLECTOR, AND ADA RECONFIGURE PROJECT NO. 24-03 at the video conference, the District reserves the right to verify the genuineness of any bid security. 7. Pursuant to Public Contract Code section 20111.5, only prequalified bidders will be eligible to submit a bid for this Project. Any bid submitted by a bidder who is not prequalified shall be non-responsive and returned unopened to the bidder. 8. All bids shall be on the form provided by the District. Each bid must conform and be responsive to all pertinent Contract Documents, including, but not limited to, the Instructions to Bidders. 9. A bid bond by an admitted surety insurer on the form provided by the District a cashier's check or a certified check, drawn to the order of the San Rafael City Schools, in the amount of ten percent (10%) of the total bid price, shall accompany the Bid Form and Proposal, as a guarantee that the Bidder will, within seven (7) calendar days after the date of the Notice of Award, enter into a contract with the District for the performance of the services as stipulated in the bid. 10. A mandatory pre-bid conference and site visit will be held on March 19th, 2024, at 1:00 p.m. at Terra Linda High School, 320 Nova Albion Way. San Rafael, CA 94903. All participants are required to sign in front of the District Office, San Rafael CA. The site visit is expected to take approximately 1⁄2 hour. Failure to attend will render bid ineligible. DO NOT ENTER ANY SCHOOL BUILDINGS. 11. The successful Bidder shall be required to furnish a 100% Performance Bond and a 100% Payment Bond if it is awarded the Contract for the Work. 12. The successful Bidder may substitute securities for any monies withheld by the District to ensure performance under the Contract, in accordance with the provisions of section 22300 of the Public Contract Code. 13. The Contractor and all Subcontractors under the Contractor shall pay all workers on all Work performed pursuant to this Contract not less than the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work as determined by the Director of the Department of Industrial Relations, State of California, for the type of work performed and the locality in which the work is to be performed within the boundaries of the District, pursuant to section 1770 et seq. of the California Labor Code. Prevailing wage rates are also available from the District or on the Internet at: /www.dir.ca.gov>. 14. This Project is subject to labor compliance monitoring and enforcement by the Department of Industrial Relations pursuant to Labor Code section 1771.4 and subject to the requirements of Title 8 of the California Code of Regulations. The successful Bidder shall comply with all requirements of Division 2, Part 7, Chapter 1, Articles 1-5 of the Labor Code. 15. The District’s Board has found and determined that the following item(s) shall be used on this Project based on the purpose(s) indicated. (Public Contract Code section 3400(c).) A particular material, product, thing, or service is designated by specific brand or trade name for the following purpose(s): http://www.dir.ca.gov/ SAN RAFAEL CITY SCHOOLS NOTICE TO BIDDERS TLHS ART QUAD, DUST COLLECTOR, AND ADA RECONFIGURE PROJECT NO. 24-03 (1) In order to match other products in use on a particular public improvement either completed or in the course of completion: (a) Alerton Controls (b) Primus Lock Cores (c) Verkada Security Cameras (d) Open Path Secure Access Hardware (e) Von Duprin Panic Hardware 16. The District shall award the Contract, if it awards it at all, to the lowest responsive responsible bidder based on: A. The base bid amount only. 17. The Board reserves the right to reject any and all bids and/or waive any irregularity in any bid received. If the District awards the Contract, the security of unsuccessful bidder(s) shall be returned within sixty (60) days from the time the award is made. Unless otherwise required by law, no bidder may withdraw its bid for ninety (90) days after the date of the bid opening. END OF DOCUMENT SAN RAFAEL CITY SCHOOLS INSTRUCTIONS TO BIDDERS TLHS ART QUAD, DUST COLLECTOR, AND ADA RECONFIGURE PROJECT NO. 24-03 DOCUMENT 00 21 13-1 DOCUMENT 00 21 13 INSTRUCTIONS TO BIDDERS Bidders shall follow the instructions in this document, and shall submit all documents, forms, and information required for consideration of a bid. San Rafael City Schools (“District”) will evaluate information submitted by the apparent low Bidder and, if incomplete or unsatisfactory to District, Bidder’s bid may be rejected at the sole discretion of District. 1. Bids are requested for a general construction contract, or work described in general, for the following project (“Project” or “Contract”): TLHS Art Quad, Dust Collector, and ADA Reconfigure 2. A Bidder and its subcontractors must possess the appropriate State of California contractors’ license and must maintain the license throughout the duration of the project. Bidders must also be registered as a public works contractor with the Department of Industrial Relations pursuant to the Labor Code. Bids submitted by a contractor who is not properly licensed or registered shall be deemed nonresponsive and will not be considered. 3. The District has prequalified bidders pursuant to Public Contract Code section 20111.5. Only prequalified bidders will be eligible to submit a bid for this Project. Any bid submitted by a bidder who is not prequalified shall be deemed nonresponsive and will not be considered. 4. District will receive bids submitted electronically from bidders as stipulated in the Notice to Bidders. Email subject line must include the name of the Bidder, name of the Project, the Project Number and/or bid number, and time of bid opening. Bids must be electronically submitted to the following email address: bondprogram@srcs.org, by date and time shown in the Notice to Bidders. Each bidder is solely responsible for timely submission of its bid; the District is not responsible for any technological issues affecting a bidder’s ability to timely submit its bid or portion thereof. Bid emails must attach all documents as required herein. 5. Bids will be opened and publicly read aloud via video conference. A link to the video conference will be provided by Addendum. Prior to publicly reading aloud bids at the video conference, the District reserves the right to verify the genuineness of any bid security. 6. Bidders must submit bids on the documents titled Bid Form and Proposal, and must submit all other required District forms. Bids not submitted on the District's required forms shall be deemed nonresponsive and shall not be considered. Additional sheets required to fully respond to requested information are permissible. 7. Bidders shall not modify the Bid Form and Proposal or qualify their bids. Bidders shall not submit to the District a re-formatted, re-typed, altered, modified, or mailto:bondprogram@srcs.org SAN RAFAEL CITY SCHOOLS INSTRUCTIONS TO BIDDERS TLHS ART QUAD, DUST COLLECTOR, AND ADA RECONFIGURE PROJECT NO. 24-03 DOCUMENT 00 21 13-2 otherwise recreated version of the Bid Form and Proposal or other District-provided document. 8. Bids shall be clearly written and without erasure or deletions. District reserves the right to reject any bid containing erasures, deletions, or illegible contents. 9. Bidders must supply all information required by each Bid Document. Bids must be full and complete. District reserves the right in its sole discretion to reject any bid as nonresponsive as a result of any error or omission in the bid. Bidders must complete and submit all of the following documents with the Bid Form and Proposal: a. Bid Bond on the District's form, or other security. b. Designated Subcontractors List. c. Site Visit Certification, if a site visit was required. d. Non-Collusion Declaration. 10. Bidders must submit with their bids a legible photocopy of (i) a cashier's check or (ii) a certified check payable to District, or (iii) a bid bond by an admitted surety insurer of not less than ten percent (10%) of amount of Base Bid, plus all additive alternates (“Bid Bond”). If Bidder chooses to provide a Bid Bond as security, Bidder must use the required form of corporate surety provided by the District. The Surety on Bidder’s Bid Bond must be an insurer admitted in the State of California and authorized to issue surety bonds in the State of California. Bidder must deposit the original of the bid bond, cashier’s check, or certified check in the mail on the same day as the bid opening. Bids submitted without necessary bid security will be deemed nonresponsive and will not be considered. 11. If Bidder to whom the Contract is awarded fails or neglects to enter into the Contract and submit required bonds, insurance certificates, and all other required documents, within SEVEN (7) calendar days after the date of the Notice of Award, District may deposit Bid Bond, cash, cashier's check, or certified check for collection, and proceeds thereof may be retained by District as liquidated damages for failure of Bidder to enter into Contract, in the sole discretion of District. It is agreed that calculation of damages District may suffer as a result of Bidder's failure to enter into the Contract would be extremely difficult and impractical to determine and that the amount of the Bidder’s required bid security shall be the agreed and conclusively presumed amount of damages. 12. Bidders must submit with the bid the Designated Subcontractors List for those subcontractors who will perform any portion of Work, including labor, rendering of service, or specially fabricating and installing a portion of the Work or improvement according to detailed drawings contained in the plans and specifications, in excess of one half of one percent (0.5%) of total bid. Failure to submit this list when required by law shall result in bid being deemed nonresponsive and the bid will not be considered. 13. All of the listed subcontractors are required to be registered as a public works contractor with the Department of Industrial Relations pursuant to the Labor Code. SAN RAFAEL CITY SCHOOLS INSTRUCTIONS TO BIDDERS TLHS ART QUAD, DUST COLLECTOR, AND ADA RECONFIGURE PROJECT NO. 24-03 DOCUMENT 00 21 13-3 a. An inadvertent error in listing the California contractor license number on the Designated Subcontractors List shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive if the correct contractor’s license number is submitted to the District within 24 hours after the bid opening and the corrected number corresponds with the submitted name and location for that subcontractor. b. An inadvertent error listing an unregistered subcontractor shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive provided that any of the following apply: (1) The subcontractor is registered prior to the bid opening. (2) The subcontractor is registered and has paid the penalty registration fee within 24 hours after the bid opening. (3) The subcontractor is replaced by another registered subcontractor pursuant to Public Contract Code section 4107. 14. If a mandatory pre-bid conference and site visit (“Site Visit”) is required as referenced in the Notice to Bidders, then Bidders must submit the Site Visit Certification with their Bid. District will transmit to all prospective Bidders of record such Addenda as District in its discretion considers necessary in response to questions arising at the Site Visit. Oral statements shall not be relied upon and will not be binding or legally effective. Addenda issued by the District as a result of the Site Visit, if any, shall constitute the sole and exclusive record and statement of the results of the Site Visit. 15. Bidders shall submit the Non-Collusion Declaration with their bids. Bids submitted without the Non-Collusion Declaration shall be deemed nonresponsive and will not be considered. 16. The Contractor and all Subcontractors under the Contractor shall pay all workers on all work performed pursuant to the Contract not less than the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work as determined by the Director of the Department of Industrial Relations, State of California, for the type of work performed and the locality in which the work is to be performed within the boundaries of the District, pursuant to sections 1770 et seq. of the California Labor Code. Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by Director of the Department of Industrial Relations, are available upon request at the District’s principal office. Prevailing wage rates are also available on the internet at http://www.dir.ca.gov. 17. The District has entered into a Project Labor Agreement that is applicable to this Project. A copy of the Project Labor Agreement is available for review at the District Facilities Office and may be downloaded from the District’s website, www.srcsbondprogram.org, using the [“Facilities Projects and Information”] link. The successful bidder and all subcontractors will be required to agree to be bound by the Project Labor Agreement. http://www.dir.ca.gov/ http://www.srcsbondprogram.org/ SAN RAFAEL CITY SCHOOLS INSTRUCTIONS TO BIDDERS TLHS ART QUAD, DUST COLLECTOR, AND ADA RECONFIGURE PROJECT NO. 24-03 DOCUMENT 00 21 13-4 18. Pursuant to Education Code section 17550, the District is requiring the Bidder to purchase and to remove from the school grounds all old materials required by the specifications to be removed from any existing school building on the same school grounds and not required for school purposes and to state in his or her bid the amount which he or she will deduct from the price bid for the work as the purchase price of the old materials. The board shall let the contract to any responsible bidder whose net bid is the lowest, or shall reject all bids. 19. Submission of bid signifies careful examination of Contract Documents and complete understanding of the nature, extent, and location of Work to be performed. Bidders must complete the tasks listed below as a condition to bidding, and submission of a bid shall constitute the Bidder's express representation to District that Bidder has fully completed the following: a. Bidder has visited the Site, if required, and has examined thoroughly and understood the nature and extent of the Contract Documents, Work, Site, locality, actual conditions, as-built conditions, and all local conditions and federal, state and local laws, and regulations that in any manner may affect cost, progress, performance, or furnishing of Work or that relate to any aspect of the means, methods, techniques, sequences, or procedures of construction to be employed by Bidder and safety precautions and programs incident thereto; b. Bidder has conducted or obtained and has understood all examinations, investigations, explorations, tests, reports, and studies that pertain to the subsurface conditions, as-built conditions, underground facilities, and all other physical conditions at or contiguous to the Site or otherwise that may affect the cost, progress, performance, or furnishing of Work, as Bidder considers necessary for the performance or furnishing of Work at the Contract Sum, within the Contract Time, and in accordance with the other terms and conditions of Contract Documents, including specifically the provisions of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies, or similar information or data are or will be required by Bidder for such purposes; c. Bidder has correlated its knowledge and the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents; d. Bidder has given the District prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it has discovered in or among the Contract Documents and the actual conditions, and the written resolution(s) thereof by the District is/are acceptable to Bidder; e. Bidder has made a complete disclosure in writing to the District of all facts bearing upon any possible interest, direct or indirect, that Bidder believes any representative of the District or other officer or employee of the District presently has or will have in this Contract or in the performance thereof or in any portion of the profits thereof; SAN RAFAEL CITY SCHOOLS INSTRUCTIONS TO BIDDERS TLHS ART QUAD, DUST COLLECTOR, AND ADA RECONFIGURE PROJECT NO. 24-03 DOCUMENT 00 21 13-5 f. Bidder must, prior to bidding, perform the work, investigations, research, and analysis required by this document and that Bidder represented in its Bid Form and Proposal and the Agreement that it performed prior to bidding. Contractor under this Contract is charged with all information and knowledge that a reasonable bidder would ascertain from having performed this required work, investigation, research, and analysis. Bid prices must include entire cost of all work “incidental” to completion of the Work. g. Conditions Shown on the Contract Documents: Information as to underground conditions, as-built conditions, or other conditions or obstructions, indicated in the Contract Documents, e.g., on Drawings or in Specifications, has been obtained with reasonable care, and has been recorded in good faith. However, District only warrants, and Bidder may only rely, on the accuracy of limited types of information. (1) As to above-ground conditions or as-built conditions shown or indicated in the Contract Documents, there is no warranty, express or implied, or any representation express or implied, that such information is correctly shown or indicated. This information is verifiable by independent investigation and Bidder is required to make such verification as a condition to bidding. In submitting its Bid, Bidder shall rely on the results of its own independent investigation. In submitting its Bid, Bidder shall not rely on District-supplied information regarding above-ground conditions or as-built conditions. (2) As to any subsurface condition shown or indicated in the Contract Documents, Bidder may rely only upon the general accuracy of actual reported depths, actual reported character of materials, actual reported soil types, actual reported water conditions, or actual obstructions shown or indicated. District is not responsible for the completeness of such information for bidding or construction; nor is District responsible in any way for any conclusions or opinions that the Bidder has drawn from such information; nor is the District responsible for subsurface conditions that are not specifically shown (for example, District is not responsible for soil conditions in areas contiguous to areas where a subsurface condition is shown). h. Conditions Shown in Reports and Drawings Supplied for Informational Purposes: Reference is made to the document entitled Geotechnical Data, and the document entitled Existing Conditions, for identification of: (1) Subsurface Conditions: Those reports of explorations and tests of subsurface conditions at or contiguous to the Site that have been utilized by Architect in preparing the Contract Documents; and (2) Physical Conditions: Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that has been utilized by Architect in preparing the Contract Documents. SAN RAFAEL CITY SCHOOLS INSTRUCTIONS TO BIDDERS TLHS ART QUAD, DUST COLLECTOR, AND ADA RECONFIGURE PROJECT NO. 24-03 DOCUMENT 00 21 13-6 (3) These reports and drawings are not Contract Documents and, except for any “technical” data regarding subsurface conditions specifically identified in Geotechnical Data and Existing Conditions, and underground facilities data, Bidder may not in any manner rely on the information in these reports and drawings. Subject to the foregoing, Bidder must make its own independent investigation of all conditions affecting the Work and must not rely on information provided by District. 20. Bids shall be based on products and systems specified in Contract Documents or listed by name in Addenda. Whenever in the Specifications any materials, process, or article is indicated or specified by grade, patent, or proprietary name, or by name of manufacturer, that Specification shall be deemed to be followed by the words “or equal.” Bidder may, unless otherwise stated, offer any material, process, or article that shall be substantially equal or better in every respect to that so indicated or specified. The District is not responsible and/or liable in any way for a Contractor’s damages and/or claims related, in any way, to that Contractor’s basing its bid on any requested substitution that the District has not approved in advance and in writing. Contractors and materials suppliers who submit requests for substitutions prior to the award of the Contract must do so in writing and in compliance with Public Contract Code section 3400. All requests must comply with the following: a. District must receive any notice of request for substitution of a specified item a minimum of TEN (10) calendar days prior to bid opening. The Successful Bidder will not be allowed to substitute specified items unless properly noticed. b. Within 35 days after the date of the Notice of Award, the Successful Bidder shall submit data substantiating the request(s) for all substitution(s) containing sufficient information to assess acceptability of product or system and impact on Project, including, without limitation, the requirements specified in the Special Conditions and the Specifications. Insufficient information shall be grounds for rejection of substitution. c. Approved substitutions, if any, shall be listed in Addenda. District reserves the right not to act upon submittals of substitutions until after bid opening. d. Substitutions may be requested after Contract has been awarded only if indicated in and in accordance with requirements specified in the Special Conditions and the Specifications. 21. Bidders may examine any available “as-built” drawings of previous work by giving District reasonable advance notice. District will not be responsible for accuracy of “as-built” drawings. The document entitled Existing Conditions applies to all supplied “as-built” drawings. 22. All questions about the meaning or intent of the Contract Documents are to be directed via email to the District to bondprogram@srcs.org. Interpretations or clarifications considered necessary by the District in response to such questions will be issued in writing by Addenda and emailed, faxed, mailed, or delivered to all parties recorded by the District as having received the Contract Documents or posted mailto:bondprogram@srcs.org SAN RAFAEL CITY SCHOOLS INSTRUCTIONS TO BIDDERS TLHS ART QUAD, DUST COLLECTOR, AND ADA RECONFIGURE PROJECT NO. 24-03 DOCUMENT 00 21 13-7 on the District’s website at https://www.srcsbondprogram.org/domain/16 Questions received less than SEVEN (7) calendar days prior to the date for opening bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 23. Addenda may also be issued to modify other parts of the Contract Documents as deemed advisable by the District. 24. Each Bidder must acknowledge each Addendum in its Bid Form and Proposal by number or its Bid shall be considered non-responsive. Each Addendum shall be part of the Contract Documents. A complete listing of Addenda may be secured from the District. 25. This Contract may include alternates. Alternates are defined as alternate products, materials, equipment, systems, methods, or major elements of the construction that may, at the District's option and under terms established in the Contract and pursuant to section 20103.8 of the Public Contract Code, be selected for the Work. 26. The District shall award the Contract, if it awards it at all, to the lowest responsive responsible bidder based on the criteria as indicated in the Notice to Bidders. In the event two or more responsible bidders submit identical bids, the District shall select the Bidder to whom to award the Contract by lot. 27. Discrepancies between written words and figures, or words and numerals, will be resolved in favor of figures or numerals. 28. Any bid protest by any Bidder regarding any other bid must be submitted in writing to the District, before 5:00 p.m. of the THIRD (3rd) business day following bid opening. a. Only a Bidder who has actually submitted a bid, and who could be awarded the Contract if the bid protest is upheld, is eligible to submit a bid protest. Subcontractors are not eligible to submit bid protests. A Bidder may not rely on the bid protest submitted by another Bidder. b. A bid protest must contain a complete statement of any and all bases for the protest and all supporting documentation. Materials submitted after the bid protest deadline will not be considered. c. The protest must refer to the specific portions of all documents that form the basis for the protest. (1) Without limitation to any other basis for protest, an inadvertent error in listing the California contractor’s license number on the Designated Subcontractors List shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive if the correct contractor’s license number is submitted to the District within 24 hours after the bid opening and the corrected number corresponds with the submitted name and location for that subcontractor. http://www.srcsbondprogram.org/domain/16 SAN RAFAEL CITY SCHOOLS INSTRUCTIONS TO BIDDERS TLHS ART QUAD, DUST COLLECTOR, AND ADA RECONFIGURE PROJECT NO. 24-03 DOCUMENT 00 21 13-8 (2) Without limitation to any other basis for protest, an inadvertent error listing an unregistered subcontractor shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive provided that any of the following apply: (i) The subcontractor is registered prior to the bid opening. (ii) The subcontractor is registered and has paid the penalty registration fee within 24 hours after the bid opening. (iii) The subcontractor is replaced by another registered subcontractor pursuant to Public Contract Code section 4107. d. The protest must include the name, address and telephone number of the person representing the protesting party. e. The party filing the protest must concurrently transmit a copy of the protest and any attached documentation to all other parties with a direct financial interest that may be adversely affected by the outcome of the protest. Such parties shall include all other bidders or proposers who appear to have a reasonable prospect of receiving an award depending upon the outcome of the protest. f. The procedure and time limits set forth in this paragraph are mandatory and are each bidder’s sole and exclusive remedy in the event of bid protest. Failure to comply with these procedures shall constitute a waiver of any right to further pursue the bid protest, including filing a Government Code Claim or legal proceedings. 29. The Bidder to whom Contract is awarded shall execute and submit the following documents by 5:00 p.m. of the SEVENTH (7th) calendar day following the date of the Notice of Award. Failure to properly and timely submit these documents entitles District to reject the bid as nonresponsive. a. Agreement: To be executed by successful Bidder. Submit four (4) copies, each bearing an original signature. b. Performance Bond (100%): On the form provided in the Contract Documents and fully executed as indicated on the form. c. Payment Bond (Contractor's Labor and Material Bond) (100%): On the form provided in the Contract Documents and fully executed as indicated on the form. d. Insurance Certificates and Endorsements as required. e. Workers’ Compensation Certification. f. Prevailing Wage and Related Labor Requirements Certification. g. Drug-Free Workplace Certification. SAN RAFAEL CITY SCHOOLS INSTRUCTIONS TO BIDDERS TLHS ART QUAD, DUST COLLECTOR, AND ADA RECONFIGURE PROJECT NO. 24-03 DOCUMENT 00 21 13-9 h. Tobacco-Free Environment Certification. i. Hazardous Materials Certification. j. Lead-Based Materials Certification. k. Imported Materials Certification. l. Criminal Background Investigation/Fingerprinting Certification. m. Registered Subcontractors List: Must include Department of Industrial Relations (DIR) registration number of each subcontractor for all tiers. 30. Time for Completion: District may issue a Notice to Proceed within NINETY (90) days from the date of the Notice of Award. Once Contractor has received the Notice to Proceed, Contractor shall complete the Work within the period of time indicated in the Contract Documents. a. In the event that the District desires to postpone issuing the Notice to Proceed beyond this 90-day period, it is expressly understood that with reasonable notice to the Contractor, the District may postpone issuing the Notice to Proceed. b. It is further expressly understood by Contractor that Contractor shall not be entitled to any claim of additional compensation as a result of the postponement of the issuance of the Notice to Proceed beyond a 90-day period. If the Contractor believes that a postponement of issuance of the Notice to Proceed will cause a hardship to the Contractor, the Contractor may terminate the Contract. Contractor’s termination due to a postponement beyond this 90-day period shall be by written notice to District within TEN (10) calendar days after receipt by Contractor of District's notice of postponement. c. It is further understood by the Contractor that in the event that Contractor terminates the Contract as a result of postponement by the District, the District shall only be obligated to pay Contractor for the Work that Contractor had performed at the time of notification of postponement and which the District had in writing authorized Contractor to perform prior to issuing a Notice to Proceed. d. Should the Contractor terminate the Contract as a result of a notice of postponement, District shall have the authority to award the Contract to the next lowest responsive responsible bidder. 31. District reserves the right to reject any or all bids, including without limitation the right to reject any or all nonconforming, nonresponsive, unbalanced, or conditional bids, to re-bid, and to reject the bid of any bidder if District believes that it would not be in the best interest of the District to make an award to that bidder, whether because the bid is not responsive or the bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by District. District also reserves the right to waive any inconsequential deviations or SAN RAFAEL CITY SCHOOLS INSTRUCTIONS TO BIDDERS TLHS ART QUAD, DUST COLLECTOR, AND ADA RECONFIGURE PROJECT NO. 24-03 DOCUMENT 00 21 13-10 irregularities in any bid. For purposes of this paragraph, an “unbalanced bid” is one having nominal prices for some work items and/or enhanced prices for other work items. 32. It is the policy of the District that no qualified person shall be excluded from participating in, be denied the benefits of, or otherwise be subjected to discrimination in any consideration leading to the award of contract, based on race, color, gender, sexual orientation, political affiliation, age, ancestry, religion, marital status, national origin, medical condition or disability. The Successful Bidder and its subcontractors shall comply with applicable federal and state laws, including, but not limited to the California Fair Employment and Housing Act, beginning with Government Code section 12900, and Labor Code section 1735. 33. Prior to the award of Contract, District reserves the right to consider the responsibility of the Bidder. District may conduct investigations as District deems necessary to assist in the evaluation of any bid and to establish the responsibility, including, without limitation, qualifications and financial ability of Bidders, proposed subcontractors, suppliers, and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to District's satisfaction within the prescribed time. 34. Bidder expressly acknowledges that it is familiar with and capable of complying with applicable federal, State, and local requirements relating to COVID-19 or other public health emergency/epidemic/pandemic including, if required, preparing, posting, and implementing a Social Distancing Protocol, and such costs shall be included in the bid as an allowance. Any unused portion of the allowance designated for COVID-19 or other public health emergency/epidemic/pandemic compliance will revert back to the District documented by a deductive change order. END OF DOCUMENT SAN RAFAEL CITY SCHOOLS BID FORM AND PROPOSAL TLHS ART QUAD, DUST COLLECTOR, AND ADA RECONFIGURE PROJECT NO. 24-03 DOCUMENT 00 41 13-1 DOCUMENT 00 41 13 BID FORM AND PROPOSAL To: Governing Board of the San Rafael City Schools (“District” or “Owner”) From: (Proper Name of Bidder) The undersigned declares that Bidder has read and understands the Contract Documents, including, without limitation, the Notice to Bidders and the Instructions to Bidders, and agrees and proposes to furnish all necessary labor, materials, and equipment to perform and furnish all work in accordance with the terms and conditions of the Contract Documents, including, without limitation, the Drawings and Specifications of Bid No. 24-03, for the following project known as: TLHS Art Quad, Dust Collector, and ADA Reconfigure (“Project” or “Contract”) and will accept in full payment for that Work the following total lump sum amount, all taxes included: [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] dollars BASE BID $ Bidder acknowledges and agrees that the Base Bid accounts for any and all Allowance(s). SAN RAFAEL CITY SCHOOLS BID FORM AND PROPOSAL TLHS ART QUAD, DUST COLLECTOR, AND ADA RECONFIGURE PROJECT NO. 24-03 DOCUMENT 00 41 13-2 Additional Detail Regarding Calculation of Base Bid 1. Allowance. The Bidder’s Base Bid and each alternate shall include a $40,000.00 allowance for Unforeseen Conditions. The above allowance shall only be allocated for unforeseen items. Contractor shall not bill for or be due any portion of this allowance unless the District has identified specific work, Contractor has submitted a price for that work or the District has proposed a price for that work, the District has accepted the cost for that work, and the District has prepared an Allowance Expenditure Directive incorporating that work. Contractor hereby authorizes the District to execute a unilateral deductive change order at or near the end of the Project for all or any portion of the allowance not allocated. Any unused portion of the allowance will revert back to the District documented by a deductive change order. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] SAN RAFAEL CITY SCHOOLS BID FORM AND PROPOSAL TLHS ART QUAD, DUST COLLECTOR, AND ADA RECONFIGURE PROJECT NO. 24-03 DOCUMENT 00 41 13-3 2. The undersigned has reviewed the Work outlined in the Contract Documents and fully understands the scope of Work required in this Proposal, understands the construction and project management function(s) is described in the Contract Documents, and that each Bidder who is awarded a contract shall be in fact a prime contractor, not a subcontractor, to the District, and agrees that its Proposal, if accepted by the District, will be the basis for the Bidder to enter into a contract with the District in accordance with the intent of the Contract Documents. 3. The undersigned has notified the District in writing of any discrepancies or omissions or of any doubt, questions, or ambiguities about the meaning of any of the Contract Documents, and has contacted the Construction Manager before bid date to verify the issuance of any clarifying Addenda. 4. The undersigned agrees to commence work under this Contract on the date established in the Contract Documents and to complete all work within the time specified in the Contract Documents. 5. The liquidated damages clause of the General Conditions and Agreement is hereby acknowledged. 6. It is understood that the District reserves the right to reject this bid and that the bid shall remain open to acceptance and is irrevocable for a period of ninety (90) days. 7. The following documents are attached hereto: • Photocopy of Bid Bond on the District's form or other security • Designated Subcontractors List • Site Visit Certification • Non-Collusion Declaration 8. Receipt and acceptance of the following Addenda is hereby acknowledged: No. , Dated No. , Dated No. , Dated No. , Dated No. , Dated No. , Dated 9. Bidder acknowledges that the license required for performance of the Work is a B license. 10. Bidder hereby certifies that Bidder is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed on the Work. SAN RAFAEL CITY SCHOOLS BID FORM AND PROPOSAL TLHS ART QUAD, DUST COLLECTOR, AND ADA RECONFIGURE PROJECT NO. 24-03 DOCUMENT 00 41 13-4 11. Bidder specifically acknowledges and understands that if it is awarded the Contract, that it shall perform the Work of the Project while complying with all requirements of the Department of Industrial Relations. 12. Bidder hereby certifies that its bid includes sufficient funds to permit Bidder to comply with all local, state or federal labor laws or regulations during the Project, including payment of prevailing wage, and that Bidder will comply with the provisions of Labor Code section 2810(d) if awarded the Contract 13. Bidder represents that it is competent, knowledgeable, and has special skills with respect to the nature, extent, and inherent conditions of the Work to be performed. Bidder further acknowledges that there are certain peculiar and inherent conditions existent in the construction of the Work that may create, during the Work, unusual or peculiar unsafe conditions hazardous to persons and property. 14. Bidder expressly acknowledges that it is aware of such peculiar risks and that it has the skill and experience to foresee and to adopt protective measures to adequately and safely perform the Work with respect to such hazards. 15. Bidder expressly acknowledges that it is familiar with and capable of complying with applicable federal, State, and local requirements relating to COVID-19 or other public health emergency/epidemic/pandemic including, if required, preparing, posting, and implementing a Social Distancing Protocol. 16. Bidder expressly acknowledges that it is aware that if a false claim is knowingly submitted (as the terms “claim” and “knowingly” are defined in the California False Claims Act, Gov. Code, § 12650 et seq.), the District will be entitled to civil remedies set forth in the California False Claim Act. It may also be considered fraud and the Contractor may be subject to criminal prosecution. 17. The undersigned Bidder certifies that it is, at the time of bidding, and shall be throughout the period of the Contract, licensed by the State of California to do the type of work required under the terms of the Contract Documents and registered as a public works contractor with the Department of Industrial Relations. Bidder further certifies that it is regularly engaged in the general class and type of work called for in the Contract Documents. Furthermore, Bidder hereby certifies to the District that all representations, certifications, and statements made by Bidder, as set forth in this bid form, are true and correct and are made under penalty of perjury. Dated this day of 20 Name of Bidder: Type of Organization: Signature: Print Name: SAN RAFAEL CITY SCHOOLS BID FORM AND PROPOSAL TLHS ART QUAD, DUST COLLECTOR, AND ADA RECONFIGURE PROJECT NO. 24-03 DOCUMENT 00 41 13-5 Title: Address of Bidder: Taxpayer Identification No. of Bidder: Telephone Number: Fax Number: E-mail: Web Page: Contractor's License No(s): No.: Class: Expiration Date: No.: Class: Expiration Date: No.: Class: Expiration Date: Public Works Contractor Registration No.: END OF DOCUMENT SAN RAFAEL CITY SCHOOLS BID BOND TLHS ART QUAD, DUST COLLECTOR, AND ADA RECONFIGURE PROJECT NO. 24-03 DOCUMENT 00 43 13-1 DOCUMENT 00 43 13 BID BOND (Note: If Bidder is providing a bid bond as its bid security, Bidder must use this form, NOT a surety company form.) KNOW ALL PERSONS BY THESE PRESENTS: That the undersigned, , as Principal (“Principal”), and , as Surety (“Surety”), a corporation organized and existing under and by virtue of the laws of the State of California and authorized to do business as a surety in the State of California, are held and firmly bound unto the San Rafael City Schools (“District”) of Marin County, State of California, as Obligee, in an amount equal to ten percent (10%) of the Base Bid plus alternates, in the sum of Dollars ($ ) lawful money of the United States of America, for the payment of which sum well and truly to be made, we, and each of us, bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted a bid to the District for all Work specifically described in the accompanying bid for the following project: (“Project” or “Contract”). NOW, THEREFORE, if the Principal is awarded the Contract and, within the time and manner required under the Contract Documents, after the prescribed forms are presented to Principal for signature, enters into a written contract, in the prescribed form in accordance with the bid, and files two bonds, one guaranteeing faithful performance and the other guaranteeing payment for labor and materials as required by law, and meets all other conditions to the Contract between the Principal and the Obligee becoming effective, or if the Principal shall fully reimburse and save harmless the Obligee from any damage sustained by the Obligee through failure of the Principal to enter into the written contract and to file the required performance and labor and material bonds, and to meet all other conditions to the Contract between the Principal and the Obligee becoming effective, then this obligation shall be null and void; otherwise, it shall be and remain in full force and effect. The full payment of the sum stated above shall be due immediately if Principal fails to execute the Contract within seven (7) days of the date of the District's Notice of Award to Principal. 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, or to the work to be performed thereunder, or the specifications accompanying the same, shall in any way affect its obligation under this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or the call for bids, or to the work, or to the specifications. SAN RAFAEL CITY SCHOOLS BID BOND TLHS ART QUAD, DUST COLLECTOR, AND ADA RECONFIGURE PROJECT NO. 24-03 DOCUMENT 00 43 13-2 In the event suit is brought upon this bond by the Obligee and judgment is recovered, the Surety shall pay all costs incurred by the Obligee in such suit, including a reasonable attorneys' fee to be fixed by the Court. If the District awards the bid, the security of unsuccessful bidder(s) shall be returned within sixty (60) days from the time the award is made. Unless otherwise required by law, no bidder may withdraw its bid for ninety (90) days after the date of the bid opening. IN WITNESS WHEREOF, this instrument has been duty executed by the Principal and Surety above named, on the day of , 20 . Principal By Surety By Name of California Agent of Surety Address of California Agent of Surety Telephone Number of California Agent of Surety Bidder must attach Power of Attorney and Certificate of Authority for Surety and a Notarial Acknowledgment for all Surety's signatures. The California Department of Insurance must authorize the Surety to be an admitted Surety Insurer. END OF DOCUMENT SAN RAFAEL CITY SCHOOLS DESIGNATED SUBCONTRACTORS LIST TLHS ART QUAD, DUST COLLECTOR, AND ADA RECONFIGURE PROJECT NO. 24-03 DOCUMENT 00 43 36-1 DOCUMENT 00 43 36 DESIGNATED SUBCONTRACTORS LIST (Public Contact Code Sections 4100-4114) PROJECT: TLHS Art Quad, Dust Collector, and ADA Reconfigure Bidder acknowledges and agrees that it must clearly set forth below the name, location and California contractor license number of each subcontractor who will perform work or labor or render service to the Bidder in or about the construction of the Work or who will specially fabricate and install a portion of the Work according to detailed drawings contained in the plans and specifications in an amount in excess of one-half of one percent (0.5%) of Bidder’s total Base Bid and the kind of Work that each will perform. Vendors or suppliers of materials only do not need to be listed. Bidder acknowledges and agrees that, if Bidder fails to list as to any portion of Work, or if Bidder lists more than one subcontractor to perform the same portion of Work, Bidder must perform that portion itself or be subjected to penalty under applicable law. In case more than one subcontractor is named for the same kind of Work, state the portion of the kind of Work that each subcontractor will perform. If alternate bid(s) is/are called for and Bidder intends to use subcontractors different from or in addition to those subcontractors listed for work under the Base Bid, Bidder must list subcontractors that will perform Work in an amount in excess of one half of one percent (0.5%) of Bidder’s total Base Bid plus alternate(s). If further space is required for the list of proposed subcontractors, attach additional copies of page 2 showing the required information, as indicated below. Subcontractor Name: CA Cont. Lic. #: Location: Portion of Work: Subcontractor Name: CA Cont. Lic. #: Location: Portion of Work: Subcontractor Name: CA Cont. Lic. #: Location: Portion of Work: Subcontractor Name: CA Cont. Lic. #: Location: SAN RAFAEL CITY SCHOOLS DESIGNATED SUBCONTRACTORS LIST TLHS ART QUAD, DUST COLLECTOR, AND ADA RECONFIGURE PROJECT NO. 24-03 DOCUMENT 00 43 36-2 Portion of Work: Subcontractor Name: CA Cont. Lic. #: Location: Portion of Work: Subcontractor Name: CA Cont. Lic. #: Location: Portion of Work: Subcontractor Name: CA Cont. Lic. #: Location: Portion of Work: Subcontractor Name: CA Cont. Lic. #: Location: Portion of Work: Subcontractor Name: CA Cont. Lic. #: Location: Portion of Work: Subcontractor Name: CA Cont. Lic. #: Location: Portion of Work: Subcontractor Name: CA Cont. Lic. #: Location: Portion of Work: Date: Proper Name of Bidder: Signature: Print Name: SAN RAFAEL CITY SCHOOLS DESIGNATED SUBCONTRACTORS LIST TLHS ART QUAD, DUST COLLECTOR, AND ADA RECONFIGURE PROJECT NO. 24-03 DOCUMENT 00 43 36-3 Title: END OF DOCUMENT SAN RAFAEL CITY SCHOOLS NON-COLLUSION DECLARATION TLHS ART QUAD, DUST COLLECTOR, AND ADA RECONFIGURE PROJECT NO. 24-03 DOCUMENT 00 45 19-1 DOCUMENT 00 45 19 NON-COLLUSION DECLARATION (Public Contract Code Section 7106) The undersigned declares: I am the of , the party making the foregoing bid. [Title] [Name of Firm] The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on , [Date] at , . [City] [State] Date: Proper Name of Bidder: Signature: Print Name: Title: END OF DOCUMENT TLHS ART QUAD, DUST COLLECTOR, AND ADA RECONFIGURE PROJECT NO. 24-03 DOCUMENT 00 45 01-1 DOCUMENT 00 45 01 SITE VISIT CERTIFICATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID IF SITE VISIT WAS MANDATORY PROJECT: TLHS Art Quad, Dust Collector, and ADA Reconfigure Check option that applies: I certify that I visited the Site of the proposed Work and became fully acquainted with the conditions relating to construction and labor. I fully understand the facilities, difficulties, and restrictions attending the execution of the Work under contract. I certify that (Bidder's representative) visited the Site of the proposed Work and became fully acquainted with the conditions relating to construction and labor. The Bidder's representative fully understood the facilities, difficulties, and restrictions attending the execution of the Work under contract. Bidder fully indemnifies the San Rafael City Schools, its Architect, its Engineer, its Construction Manager, and all of their respective officers, agents, employees, and consultants from any damage, or omissions, related to conditions that could have been identified during my visit and/or the Bidder's representative’s visit to the Site. I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: Proper Name of Bidder: Signature: Print Name: Title: END OF DOCUMENT SAN RAFAEL CITY SCHOOLS SITE VISIT CERTIFICATION AGREEMENT FOR CONSTRUCTION SERVICES TLHS ART QUAD, DUST COLLECTOR, AND ADA RECONFIGURE PROJECT NO. 24-03 SAN RAFAEL CITY AGREEMENT FOR CONSTRUCTION SERVICES (SMALL PROJECTS) AGREEMENT NUMBER 24-03 THIS CONTRACT is made and entered into this day of , 20 , by and between (“Contractor”) and San Rafael City Schools (“District”) (“Contract”). 1. The Contractor shall furnish to the District for a total price of Dollars ($ ) (“Contract Price”), the following services (“Services” or “Work”): See Exhibit A. 2. Contractor shall perform the Work at 150 3rd St, San Rafael, CA 94901 (“Site”). The Project is the scope of Work performed at the Site. Work shall begin upon issuance of the District’s Notice to Proceed and shall be completed by August 20st, 2024 (“Completion Date”). It is understood and agreed that the Work shall be performed and completed as required in the Contract Documents (as defined herein) including, without limitation, the Drawings and Specifications and submission of all documents required to secure funding or by the Division of the State Architect (“DSA”) for close-out of the Project, under the direction and supervision of, and subject to the approval of, the District or its authorized representative. 3. Contractor agrees that if the Work is not completed within the Contract Time and/or pursuant to the completion schedule, construction schedule, or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged, and agreed that the District will suffer damage which is not capable of being calculated. Pursuant to Government Code section 53069.85, Contractor shall pay to the District, as fixed and liquidated damages for these incalculable damages, the sum of Five Hundred Dollars ($500.00) per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule, or project milestones established pursuant to the Contract. 4. This Contract incorporates by this reference the Terms and Conditions attached hereto. Contractor, by executing this Contract, agrees to comply with all the Terms and Conditions. [REMAINDER OF PAGE LEFT BLANK INTENTIONALLY] AGREEMENT FOR CONSTRUCTION SERVICES TLHS ART QUAD, DUST COLLECTOR, AND ADA RECONFIGURE PROJECT NO. 24-03 SAN RAFAEL CITY 5. This Contract incorporates by this reference the Contract Documents attached hereto. Contractor, by executing this Contract, agrees to comply with all obligations set forth in the Contract Documents. The Contract Documents include only the following documents, as indicated: X_ Notice to Bidders X_ Instructions to Bidders X_ Bid Form and Proposal X_ Bid Bond X_ Noncollusion Declaration X_ Designated Subcontractors List X_ Notice to Proceed X_ Prevailing Wage Certification X_ Workers’ Compensation Certification X_ Criminal Background Investigation / Fingerprinting Certification X_ Drug-Free Workplace Certification X_ Tobacco-Free Environment Certification x_ Asbestos & Other Hazardous Materials Certification X_ Application For Payment X_ Submittals X_ Materials & Equipment X_ Temporary Facilities X_ Record Documents x_ Lead-Product(s) Certification X_ Registered Subcontractor List X_ Insurance Certificates and Endorsements X_ Performance Bond X_ Payment Bond X_ Specifications X_ Plans X_ Special Conditions X_ Exhibit “A” (“Scope of Work”) X_ Notice of Award X_ Site Visit Certification X_ Guarantee Form _ Hazmat Procedures & Requirements X_ Production Options X_ Cutting & Patching X_ Contract Closeout & Final Cleaning X_ Operations & Maintenance Data X_ Warranties 6. Contractor shall not commence the Work under this Contract until the Contractor has submitted and the District has approved the performance bond, payment (labor and material) bond, the certificate(s) and the endorsement(s) of insurance required under the Terms and Conditions and the District has issued a Notice to Proceed. 7. Payment for the Work shall be made in accordance with the Terms and Conditions. 8. The Design Professional In General Responsible Charge for the Project is QKA Architects (“Architect”), the construction manager on the Project is Greystone West (“Construction Manager”), and the project inspector on the Project is NESI (“Project Inspector”). Contractor hereby acknowledges that the Architect, the Construction Manager, the Project Inspector, and the Division of the State Architect have authority to approve and/or suspend Work if the Contractor’s Work does not comply with the requirements of the Contract Documents, Title 24 of the California Code of Regulations, and all applicable AGREEMENT FOR CONSTRUCTION SERVICES TLHS ART QUAD, DUST COLLECTOR, AND ADA RECONFIGURE PROJECT NO. 24-03 SAN RAFAEL CITY laws. No work shall be carried on except with the knowledge and under the inspection of said Project Inspector. Project Inspector shall have free access to any or all parts of work at any time. Contractor shall furnish Project Inspector reasonable opportunities for obtaining such information as may be necessary to keep Project Inspector fully informed respecting progress, manner of work, and character of materials. The Contractor shall be liable for any delay caused by its non-compliant Work or its failure to provide proper notification for inspection. 1. Inspection and acceptance of the Work shall be performed by Staff of the Capital Facilities Department of the District. 2. Any notice required or permitted to be given under this Contract shall be deemed to have been given, served, and received if given in writing and either personally delivered or deposited in the United States mail, registered or certified mail, postage prepaid, return receipt required, or sent by overnight delivery service, or facsimile or email, addressed as follows: District Contractor San Rafael City Schools ATTN: Timothy Ryan 320 Nova Albion Way San Rafael, CA 94903 Name: ATTN: [ADDRESS] [FAX] [EMAIL] Any notice personally given or sent by facsimile or email shall be effective upon receipt. Any notice sent by overnight delivery service shall be effective the business day next following delivery to the overnight delivery service. Any notice given by mail shall be effective three (3) days after deposit in the United States mail. 3. Contractor shall guarantee all labor and material used in the performance of this Contract for a period of two (2) year from the date of the District’s written approval of the Work. 4. Each party has the full power and authority to enter into and perform this Contract, and the person signing this Contract on behalf of each party has been properly authority and empowered to enter into this Contract. 5. By signing this Contract, Contractor certifies, under penalty of perjury, that all the information provided in the Contract Documents is true, complete, and correct. AGREEMENT FOR CONSTRUCTION SERVICES TLHS ART QUAD, DUST COLLECTOR, AND ADA RECONFIGURE PROJECT NO. 24-03 SAN RAFAEL CITY ACCEPTED AND AGREED on the date indicated below: Dated: , 20 San Rafael City Schools Signature: Print Name: Print Title: Address: Telephone: Facsimile: E-Mail: Dated: , 20 Contractor: Signature: Print Name: Print Title: License No.: Registration No.: Address: Telephone: Facsimile: E-Mail: Information regarding Contractor: Type of Business Entity: Individual Sole Proprietorship Partnership Limited Partnership Corporation, State: _ Limited Liability Company Other: : Employer Identification and/or Social Security Number NOTE: Section 6041 of the Internal Revenue Code (26 U.S.C. 6041) and Section 1.6041-1 of Title 26 of the Code of Federal Regulations (26 C.F.R. 1.6041-1) requires the recipients of $600.00 or more to furnish their taxpayer information to the payer. In order to comply with these requirements, the District requires the Contractor to furnish the information requested in this section. AGREEMENT FOR CONSTRUCTION SERVICES TLHS ART QUAD, DUST COLLECTOR, AND ADA RECONFIGURE PROJECT NO. 24-03 SAN RAFAEL CITY AGREEMENT FOR CONSTRUCTION SERVICES TLHS ART QUAD, DUST COLLECTOR, AND ADA RECONFIGURE PROJECT NO. 24-03 SAN RAFAEL CITY TERMS AND CONDITIONS TO CONTRACT NOTICE TO PROCEED: District shall provide a Notice to Proceed to Contractor pursuant to the Contract at which time Contractor shall proceed with the Work. STANDARD OF CARE: Contractor shall perform, diligently prosecute and complete the Work in a good and workmanlike manner within the Contract Time, and in strict conformity with all Contract Documents. SITE EXAMINATION: Contractor has examined the Site and certifies that it accepts all measurements, specifications and conditions affecting the Work to be performed at the Site. By submitting its quote, Contractor warrants that it has made all Site examination(s) that it deems necessary as to the condition of the Site, its accessibility for materials, workers and utilities, and Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowance of time or money will be allowed as to any other undiscovered condition on the Site. PERMITS, LICENSES AND REGISTRATION: Contractor and all of its employees, agents, and subcontractors shall secure and maintain in force, at Contractor’s sole cost and expense, all licenses, registration and permits as are required by law, in connection with the furnishing of materials, supplies, or services herein listed. PROJECT INSPECTION CARD: Contractor shall verify that forms DSA 152 Project Inspection Card (or current version) are issued for the Project prior to commencement of construction. NOTIFICATION: Contractor shall notify the Architect and Project Inspector, in writing, of the commencement and completion of construction of each and every aspect of the work at least 48 hours in advance by submitting form DSA 156 (or current version) to the Project Inspector. Forms are available on the DSA’s website at: http://www.dgs.ca.gov/dsa/Forms.aspx. LABOR, MATERIALS AND EQUIPMENT: Contractor shall furnish all tools, equipment, apparatus, facilities, transportation, labor, and material necessary to furnish the services herein described, the services to be performed at such times and places as directed by and subject to the approval of the authorized District representative indicated in the Work specifications attached hereto. Unless otherwise specified, all materials shall be new and previously unused, and of the manufacturer’s latest model or the best of their respective kinds and grades as noted or specified, and workmanship shall be of good quality. SUBSTITUTIONS: No substitutions of material from those specified in the Work Specifications shall be made without the prior written approval of the District. Contractor shall be responsible for any re-design costs occasioned by District’s acceptance and/or approval of any substitute, as well as any costs that the District incurs for professional services, including DSA fees. District may deduct those costs from any amounts owing to Contractor for the review of the request for substitution, even if the request for substitution is not approved. Contractor shall, in the event that a substitute is less costly than that specified, credit the District with one-hundred percent (100%) of the net difference between the substitute and the originally specified material. INDEPENDENT CONTRACTOR STATUS: While engaged in carrying out the Services of this Contract, the Contractor is an independent contractor, and not an officer, employee, agent, partner, or joint venture of the District. Contractor shall be solely responsible for its own Workers’ Compensation insurance, taxes, and other similar charges or obligations. Contractor shall be liable for its own actions, including its negligence or gross negligence, and shall be liable for the acts, omissions, or errors of its agents or employees. CONTRACTOR SUPERVISION: Contractor shall provide competent supervision of personnel employed on the job Site, use of equipment, and quality of workmanship. WORKERS: Contractor shall at all times enforce strict discipline and good order among its employees and the employees of its subcontractors and shall not employ or work any unfit person or anyone not skilled in work assigned to him or her. Any person in the employ of the Contractor or a subcontractor whom the District may deem incompetent or unfit shall be dismissed from the Site and shall not again be employed at Site without written consent from the District. SUBCONTRACTORS: Subcontractors, if any, engaged by the Contractor for any Service or Work under this Contract shall be subject to the approval of the District. Contractor agrees to bind every subcontractor by the terms of the Contract as far as such terms are applicable to http://www.dgs.ca.gov/dsa/Forms.aspx AGREEMENT FOR CONSTRUCTION SERVICES TLHS ART QUAD, DUST COLLECTOR, AND ADA RECONFIGURE PROJECT NO. 24-03 SAN RAFAEL CITY subcontractor’s work, including, without limitation, all registration, indemnification, insurance, bond, and warranty requirements. If Contractor shall subcontract any part of this Contract, Contractor shall be fully responsible to the District for acts and omissions of its subcontractor and of persons either directly or indirectly employed by itself. Nothing contained in the Contract Documents shall create any contractual relations between any subcontractor and the District. SAFETY AND SECURITY: Contractor is responsible for maintaining safety in the performance of this Contract. Contractor shall be responsible to ascertain from the District the rules and regulations pertaining to safety, security, and driving on school grounds, particularly when children are present. LEAD-BASED PAINT: Pursuant to the Lead-Safe Schools Protection Act (Education Code section 32240 et seq.) and other applicable law, no lead-based paint, lead plumbing and solders, or other potential sources of lead contamination shall be utilized on this Project, and only trained and state- certified contractors, inspectors and workers shall undertake any action to abate existing risk factors for lead. Pursuant to the Renovation, Repair and Painting Rule (title 40 of the Code of Federal Regulations part 745 (40 CFR 745)), all contractors who disturb lead-based paint in a six- square- foot area or greater indoors or a 20-square-foot area or greater outdoors must be trained by an EPA-accredited provider and certified by the EPA. Contractor must execute the Lead-Based Paint Certification, if applicable. CLEAN UP: Debris shall be removed from the Site. The Site shall be in order at all times when work is not actually being performed and shall be maintained in a reasonably clean condition. PROTECTION OF WORK AND PROPERTY: Contractor shall erect and properly maintain at all times, as required by conditions and progress of the Work, all necessary safeguards, signs, barriers, lights, and security persons for protection of workers and the public, and shall post danger signs warning against hazards created by the Work. In an emergency affecting life and safety of life or of Work or of adjoining property, Contractor, without special instruction or authorization from District, is permitted to act at his discretion to prevent such threatened loss or injury. FORCE MAJEURE: The Contractor shall be excused from performance hereunder during the time and to the extent that it is prevented from obtaining delivery, or performing by act of God, fire, strike, loss, or shortage of transportation facilities, lock-out, commandeering of materials, products, plants, or facilities by the government, when satisfactory evidence thereof is presented to the District, provided that it is satisfactorily established that the non-performance is not due to the fault or neglect of the Contractor. CORRECTION OF ERRORS: Contractor shall perform, at its own cost and expense and without reimbursement from the District, any work necessary to correct errors or omissions that are caused by the Contractor’s failure to comply with the approved plans and specifications and the standard of care required herein. Schedule delays resulting from unauthorized work shall be Contractor’s responsibility. NO RELIEF FROM OBLIGATIONS BASED ON REVIEW BY OTHER PERSONS: Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents by act or omission of the District, Architect, Construction Manager, Project Inspector, or DSA or other entities having jurisdiction including, but not limited to, administration of the Contract, review of submittals, or by tests, observation, inspection, or permit/interconnection approvals. DISTRICT’S RIGHT TO PERFORM WORK: If the Contractor should neglect to prosecute the Work properly or fail to perform any provisions of this Contract, the District, after FORTY-EIGHT (48) hours’ written notice to the Contractor, may make good such deficiencies, without prejudice to any other remedy it may have, including but not limited to the District hiring its own forces or another contractor to replace the Contractor’s nonconforming Work, in which case the District shall either issue a deductive Change Order, a Construction Change Directive, or invoice the Contractor for the cost of that work. Contractor shall pay any invoices within thirty (30) days of receipt of same or District may withhold those amounts from payment(s) otherwise due to Contractor. ACCESS TO WORK: District representatives, Architect, and Project Inspector shall at all times have access to the Work wherever it is in preparation or in progress. Contractor shall provide safe and proper facilities for such access. AGREEMENT FOR CONSTRUCTION SERVICES TLHS ART QUAD, DUST COLLECTOR, AND ADA RECONFIGURE PROJECT NO. 24-03 SAN RAFAEL CITY OCCUPANCY: District reserves the right to occupy buildings at any time before formal Contract completion and such occupancy shall not constitute final acceptance or approval of any part of the Work covered by this Contract, nor shall such occupancy extend the date specified for completion of the Work. PAYMENT: On a monthly basis, Contractor shall submit an application for payment based upon the estimated value for materials delivered or services performed under the Contract as of the date of submission (“Application for Payment”). Within thirty (30) days after District’s approval of the Application for Payment, Contractor shall be paid a sum equal to ninety-five percent (95%) of the value of the Work performed (as verified by Architect and Inspector and certified by Contractor) up to the last day of the previous month, less the aggregate of previous payments and amount to be withheld. The District may withhold or deduct from any payment an amount necessary to protect the District from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the District in performing any of Contractor’s obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop payment notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract price or by the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of the Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by District during the prosecution of the Work; (9) erroneous or false estimates by the Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages, as determined by the District, incurred by the District for which Contractor is liable under the Contract; and (11) any other sums which the District is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including section 1727 of the California Labor Code. The failure by the District to deduct any of these sums from a progress payment shall not constitute a waiver of the District’s right to such sums. The District shall retain five percent (5%) from all amounts owing as retention. Retention shall be paid pursuant to Public Contract Code sections 7107, 7200 and 7201. CHANGE IN SCOPE OF WORK: Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition, or deletion is approved in advance and in writing by a valid change order executed by the District. Contractor specifically understands, acknowledges, and agrees that the District shall have the right to request any alterations, deviations, reductions, or additions to the Project or Work, and the cost thereof shall be added to or deducted from the amount of the Contract Price by fair and reasonable valuations. Contractor also agrees to provide the District with all information requested to substantiate the cost of the change order and to inform the District whether the Work will be done by the Contractor or a subcontractor. In addition to any other information requested, Contractor shall submit, prior to approval of the change order, its request for a time extension (if any), as well as all information necessary to substantiate its belief that such change will delay the completion of the Work. If Contractor fails to submit its request for a time extension or the necessary supporting information, it shall be deemed to have waived its right to request such extension. INDEMNIFICATION: 25.1 To the furthest extent permitted by California law, Contractor shall indemnify and hold harmless the District, its agents, representatives, officers, consultants, employees, and volunteers (the “Indemnified Parties”) from any and all demands, damages, injuries, losses, expenses, liabilities, claims, suits, and actions (the “Claims”) of any kind, nature, and description, including, but not limited to, attorneys’ fees and costs, directly or indirectly arising from, arising out of, connected with, or resulting from, in whole or in part, the performance of this Contract unless the claims are caused wholly by the sole or active negligence or willful misconduct of the Indemnified Parties and/or defects in design furnished by the Architect, as found by a court or arbitrator of competent jurisdiction, in which case the Contractor’s indemnification and hold harmless obligation shall be reduced by the proportion of the Indemnitees’ and/or Architect’s liability. AGREEMENT FOR CONSTRUCTION SERVICES TLHS ART QUAD, DUST COLLECTOR, AND ADA RECONFIGURE PROJECT NO. 24-03 SAN RAFAEL CITY 25.2 Contractor shall also, to the furthest extent permitted by California law, defend the Indemnified Parties at Contractor’s own expense, including attorneys’ fees and costs, from any and all claims directly or indirectly arising from, arising out of, connected with, or resulting from the performance of this Contract unless the claims are caused wholly by the sole or active negligence or willful misconduct of the Indemnified Parties and/or defects in design furnished by the Architect, as found by a court or arbitrator of competent jurisdiction, in which case, without impacting Contractor’s obligation to provide an immediate and ongoing defense of the Indemnified Parties, the Contractor’s defense obligation shall be retroactively reduced by the proportion of the Indemnitees’ and/or Architect’s liability. The District shall have the right to accept or reject any legal representation that Contractor proposes to defend the District. 25.3 Pursuant to Public Contract Code section 9201, the District shall provide timely notification to Contractor of the receipt of any third-party claim relating to this Contract. The District shall be entitled to recover its reasonable costs incurred in providing said notification. 25.4 If the Indemnitees provide their own defense due to failure to timely respond to tender of defense, rejection of tender of defense, or conflict of interest of proposed counsel, Contractor shall reimburse Indemnitees for any expenditures, including reasonable attorney’s fees and costs. 25.5 The District may retain so much of the moneys due the Contractor as shall be considered necessary, until disposition of any such suit, claims or actions for damages or until the District has received written agreement from the Contractor that it will unconditionally defend the Indemnified Parties, and pay any damages due by reason of settlement or judgment. 25.6 The Contractor’s defense and indemnification obligations hereunder shall survive the completion of Work, including the warranty/guarantee period, and/or the termination of the Contract. PAYMENT BOND AND PERFORMANCE BOND: Contractor shall not commence the Work until it has provided to the District, in a form acceptable to the District, a Payment (Labor and Material) Bond and a Performance Bond, each in an amount equivalent to one hundred percent (100%) of the Contract Price issued by a surety admitted to issue bonds in the State of California and otherwise acceptable to the District. CONTRACTOR’S INSURANCE: 27.1 The Contractor shall procure and maintain at all times it performs any portion of the Services the following insurance with minimum limits not less than the amount indicated below. If Contractor normally carries insurance in an amount greater than the minimum amounts required by District, that greater amount shall become the minimum required amount of insurance for purposes of the Contract. Therefore, Contractor hereby acknowledges and agrees that all insurance carried by it shall be deemed liability coverage for all actions it performs in connection with the Contract. Type of Coverage Minimum Requirement Commercial General Liability Insurance, including Bodily Injury, Personal Injury, Property Damage, Advertising Injury, and Medical Payments Each Occurrence General Aggregate $ 2,000,000 $ 4,000,000 Automobile Liability Insurance - Any Auto Each Occurrence General Aggregate $ 1,000,000 $ 2,000,000 Workers’ Compensation Statutory Limits Employer’s Liability $ 2,000,000 AGREEMENT FOR CONSTRUCTION SERVICES TLHS ART QUAD, DUST COLLECTOR, AND ADA RECONFIGURE PROJECT NO. 24-03 SAN RAFAEL CITY 27.1.1 Commercial General Liability and Automobile Liability Insurance. Commercial General Liability Insurance and Any Auto Automobile Liability Insurance that shall protect the Contractor, the District, and the State from all claims of bodily injury, property damage, personal injury, death, advertising injury, and medical payments arising performing any portion of the Services. (Form CG 0001 and CA 0001, or forms substantially similar, if approved by the District.) 27.1.2 Workers’ Compensation and Employers’ Liability Insurance. Workers’ Compensation Insurance and Employers’ Liability Insurance for all of its employees performing any portion of the Services. In accordance with provisions of section 3700 of the California Labor Code, the Contractor shall be required to secure workers’ compensation coverage for its employees. If any class of employee or employees engaged in performing any portion of the Services under this Contract are not protected under the Workers’ Compensation Statute, adequate insurance coverage for the protection of any employee(s) not otherwise protected must be obtained before any of those employee(s) commence performing any portion of the Services. 27.2 Proof of Insurance. The Contractor shall not commence performing any portion of the Services until all required insurance has been obtained and certificates indicating the required coverage have been delivered in duplicate to the District and approved by the District. Certificates and insurance policies shall include the following: 27.2.1 A clause stating: “This policy shall not be canceled until notice has been mailed to the District, stating date of cancellation. Date of cancellation shall not be less than thirty (30) days after date of mailing notice.” 27.2.2 Language stating in particular those insured, extent of insurance, location and operation to which insurance applies, expiration date, to whom cancellation notice will be sent, and length of notice period. 27.2.3 An endorsement stating that the District and its Governing Board, agents, representatives, employees, trustees, officers, consultants, and volunteers are named additional insured under all policies except Workers’ Compensation Insurance, and Employers’ Liability Insurance. 27.2.4 All policies except the Workers’ Compensation Insurance, and Employers’ Liability Insurance Policies shall be written on an occurrence form. 27.2.5 An endorsement stating that Contractor’s insurance policies shall be primary to any insurance or self-insurance maintained by District. 27.2.6 An endorsement stating that there shall be a waiver of any subrogation. 27.2.7 Contractor’s insurance limit shall apply separately to each insured against whom a claim is made or suit is brought. 27.3 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII, unless otherwise acceptable to the District. WARRANTY/QUALITY: Unless a longer warranty is called for elsewhere in the Contract Documents, the Contractor, manufacturer, or their assigned agents shall guarantee the workmanship, product or service performed against defective workmanship, defects or failures of materials for a minimum period of two (2) year from filing the Notice of Completion with the county in which the Site is located. All workmanship and merchandise must be warranted to be in compliance with applicable California energy, conservation, environmental, and educational standards. CONFIDENTIALITY: The Contractor shall maintain the confidentiality of all information, documents, programs, procedures, and all other items that Contractor encounters while performing the Contractor’s Work to the extent allowed by law. This requirement shall be ongoing and shall survive the expiration or termination of this Contract and specifically includes all student, parent, and disciplinary information. AGREEMENT FOR CONSTRUCTION SERVICES TLHS ART QUAD, DUST COLLECTOR, AND ADA RECONFIGURE PROJECT NO. 24-03 SAN RAFAEL CITY LIMITATION OF DISTRICT LIABILITY: District’s financial obligations under this Contract shall be limited to the payment of the compensation provided in this Contract. Notwithstanding any other provision of this Contract, in no event shall District be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect or incidental damages, including, but not limited to, lost profits or revenue, or lost bonding capacity, arising out of or in connection with this Contract for the services performed in connection with this Contract. COMPLIANCE WITH LAWS: Contractor shall give all notices and comply with all laws, ordinance, rules and regulations bearing on conduct of the Work as indicated or specified. If Contractor observes that any of the Work required by this Contract is at variance with any such laws, ordinance, rules or regulations, Contractor shall notify the District, in writing, and, at the sole option of the District, any necessary changes to the scope of the Work shall be made and this Contract shall be appropriately amended in writing, or this Contract shall be terminated effective upon Contractor’s receipt of a written termination notice from the District. If Contractor performs any work that is in violation of any laws, ordinances, rules or regulations, without first notifying the District of the violation, Contractor shall bear all costs arising therefrom. Contractor shall have a plan in place for tracking test results and conducting workplace contact tracing, and must report results to local public health departments, if applicable. LABOR CODE REQUIREMENTS: Contractor represents that Contractor and all Subcontractors shall not be presently debarred, suspended, proposed for disbarment, declared ineligible or excluded pursuant to either Labor Code section 1777.1 or Labor Code section 1777.7. The Contractor shall comply with all applicable provisions of the California Labor Code, Division 3, Part 7, Chapter 1, Articles 1 – 5, including, without limitation, the payment of the general prevailing per diem wage rates for public work projects of more than one thousand dollars ($1,000). Copies of the prevailing rate of per diem wages are on file with the District or available online at http://www.dir.ca.gov/. In addition, the Contractor and each subcontractor shall comply with Chapter 1 of Division 2, Part 7 of the California Labor Code, beginning with Section 1720, and including Section 1735, 1777.5 and 1777.6, forbidding discrimination, and Sections 1776, 1777.5 and 1777.6 concerning the employment of apprentices by Contractor or subcontractors. Willful failure to comply may result in penalties, including loss of the right to bid on or receive public works contracts. 32.1 Registration: Contractor and its subcontractor(s) shall be registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 and in accordance with Labor Code section 1771.1. 32.2 Registered Subcontractor List: Within 30 days of the award of contract or prior to commencing the Work under this Contract, whichever occurs first, Contractor shall provide District all information required by Labor Code section 1773.3, as amended by Stats. 2017, Ch. 28, Sec. 21, for Company and all tiers of Subcontractors to enable District to provide notice to the Department of Industrial Relations (DIR) of the Contract (PWC-100 form). Contractor shall submit and maintain an updated Registered Subcontractor List including all Subcontractors of any tier furnishing labor, material, or equipment to the Project. 32.3 Certified Payroll Records: Contractor and its subcontractor(s) shall upload certified payroll records (“CPR”) electronically using California Department of Industrial Relations’ (DIR) eCPR System by uploading the CPRs by electronic XML file or entering each record manually using the DIR’s iform (or current form) online directly to the DIR on no less than every 30 days while Work is being performed and within 30 days after the final day of Work performed on the Project, and within ten (10) days of any request by the District or Labor Commissioner at http://www.dir.ca.gov/Public- Works/Certified-Payroll- Reporting.html or current application and URL, showing the name, address, social security number, work classification, straight time, and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the Contractor and/or each subcontractor in connection with the Work. 32.4 Labor Compliance: Contractor shall perform the Work of the Project while complying with all the applicable regulations, including section 16000, et seq., of Title 8 of the http://www.dir.ca.gov/ http://www.dir.ca.gov/Public- AGREEMENT FOR CONSTRUCTION SERVICES TLHS ART QUAD, DUST COLLECTOR, AND ADA RECONFIGURE PROJECT NO. 24-03 SAN RAFAEL CITY California Code of Regulations and is subject to labor compliance monitoring and enforcement by the Department of Industrial Relations. ANTI-DISCRIMINATION: Contractor herein agrees to comply with the provisions of the California Fair Employment and Housing Act as set forth in part 2.8 of division 3 of the California Government Code, commencing at section 12900; the Federal Civil Rights Act of 1964, as set forth in Public Law 88-352, and all amendments thereto; Executive Order 11246; and all administrative rules and regulations found to be applicable to Contractor and all of its subcontractors. In addition, the Contractor agrees to require like compliance by all its subcontractor(s). ANTI-TRUST CLAIM: Contractor and its subcontractor(s) agree 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. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the Contract or a 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. CONTRACTOR CLAIMS: In the event of any demand by Contractor for (A) a time extension, including, without limitation, for relief from damages or penalties for delay assessed by the District under the Contract, (B) payment by the District of money or damages arising from work done by, or on behalf of, the Contractor pursuant to the Contract and payment of which is not otherwise expressly provided for or to which Contractor is not otherwise entitled to, or (C) an amount of payment disputed by the District, the parties shall attempt to resolve the dispute by those procedures set forth in Public Contract Code section 9204 and/or Article 1.5 (commencing with section 20104) of Chapter 1, Part, 3, Division 2, of the Public Contract Code, if applicable, the provisions of which are each attached hereto and incorporated herein by this reference. If a claim, or any portion thereof, remains in dispute upon satisfaction of all applicable dispute resolution requirements, the Contractor shall comply with all claims presentation requirements as provided in Chapter 1 (commencing with section 900) and Chapter 2 (commencing with section 910) of Part 3 of Division 3.6 of Title 1 of Government Code as a condition precedent to the Contractor’s right to bring a civil action against the District. For purposes of those provisions, the running of the time within which a claim must be presented to the District shall be tolled from the time the Contractor submits its written claim until the time the claim is denied, including any time utilized by any applicable meet and confer process. Pending resolution of the dispute, Contractor and its subcontractors shall continue to perform the Work under the Contract and shall not cause a delay of the Work, including the disputed work, during any dispute, claim, negotiation, mediation, or arbitration proceeding, except by written agreement of the District. ATTORNEY FEES/COSTS: Should litigation be necessary to enforce any terms or provisions of this Contract, then each party shall bear its own litigation and collection expenses, witness fees, court costs and attorney’s fees. AGREEMENT FOR CONSTRUCTION SERVICES TLHS ART QUAD, DUST COLLECTOR, AND ADA RECONFIGURE PROJECT NO. 24-03 SAN RAFAEL CITY TERMINATION: If Contractor fails to perform the Services and Contractor’s duties to the satisfaction of the District, or if Contractor fails to fulfill in a timely and professional manner Contractor’s obligations under this Contract, or if Contractor violates any of the terms or provisions of this Contract, District shall have the right to terminate this Contract and/or Contractor’s right to perform the Work of the Contract for cause effective immediately upon the District giving written notice thereof to the Contractor. The Contractor and its performance bond surety, if any, shall be liable for all damages caused to the District by reason of the Contractor’s failure to perform and complete the Contract. District shall also have the right in its sole discretion to terminate the Contract and/or Contractor’s right to perform the Work of the Contract for its own convenience upon District giving three (3) days’ written notice thereof to the Contractor. In case of a termination for convenience, Contractor shall be paid for the actual cost for labor, materials, and services performed including, without limitation, Contractor's and its subcontractor(s)’ mobilization and/or demobilization costs, that is unpaid and can be documented through timesheets, invoices, receipts, or otherwise. Termination shall have no effect upon any of the rights and obligations of the parties arising out of any transaction occurring prior to the effective date of termination. In the event termination for cause is determined to have not been for cause, the termination shall be deemed to have been a termination for convenience effective as of the same date as the purported termination for cause. ASSIGNMENT OF CONTRACT: Contractor shall not assign or transfer in any way any or all of its rights, burdens, duties, or obligations under this Contract without the prior written consent of the District. TIME IS OF THE ESSENCE: Time is of the essence in the performance of and compliance with each of the provisions and conditions of this Contract. CALCULATION OF TIME: For the purposes of this Contract, “days” refers to calendar days unless otherwise specified. GOVERNING LAW: This Contract shall be governed by and construed in accordance with the laws of the State of California with venue of any action in a County in which the District administration office is located. BINDING CONTRACT: This Contract shall be binding upon the parties hereto and upon their successors and assigns, and shall inure to the benefit of said parties and their successors and assigns. DISTRICT WAIVER: District's waiver of any term, condition, covenant or waiver of a breach of any term, condition or covenant shall not constitute the waiver of any other term, condition or covenant or the waiver of a breach of any other term, condition or covenant. CAPTIONS AND INTERPRETATIONS: Paragraph headings in this Contract are used solely for convenience, and shall be wholly disregarded in the construction of this Contract. No provision of this Contract shall be interpreted for or against a party because that party or its legal representative drafted such provision, and this Contract shall be construed as if jointly prepared by the parties. INVALID TERM: If any provision of this Contract is declared or determined by any court of competent jurisdiction to be illegal, invalid or unenforceable, the legality, validity or enforceability of the remaining parts, terms and provisions shall not be affected thereby, and said illegal, unenforceable or invalid part, term or provision will be deemed not to be a part of this Contract. PROVISIONS REQUIRED BY LAW DEEMED INSERTED: Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and this Contract shall be read and enforced as though it were included therein. ENTIRE CONTRACT: This Contract sets forth the entire agreement between the parties hereto and fully supersedes any and all prior agreements, understandings, written or oral, between the parties hereto pertaining to the subject matter thereof. NO ORAL MODIFICATIONS: No oral agreement or conversation with any officer, agent, or employee of District, either before or after execution of Contract, shall affect or modify any of the terms or obligations contained in any of the documents comprising the Contract. AGREEMENT FOR CONSTRUCTION SERVICES TLHS ART QUAD, DUST COLLECTOR, AND ADA RECONFIGURE PROJECT NO. 24-03 SAN RAFAEL CITY Public Contract Code section 9204 (a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner. (b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project. (c) For purposes of this section: (1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following: (A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project. (B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the public entity. (2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project. (3) (A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the Univer