On the agenda: Burbank 05.15.14 Regular Meeting - Board of Education - May 15, 2014 — Data Center (May 15)

BURBANK UNIFIED SCHOOL DISTRICT
MEETING OF THE BOARD OF EDUCATION
Thursday, May 15, 2014
4:00 p.m. – Closed Session
6:00 p.m. – Public Session
Burbank City Hall
275 E. Olive Avenue
Burbank, California
AGENDA
The entire agenda packet is available for review online at www.burbankusd.org; at the District Office
Building, Superintendent’s Office, 1900 W. Olive Ave., Burbank, 91506; and at the Reference Desk in all
Burbank City Libraries at: 110 N. Glenoaks, Burbank, 91502; 300 N. Buena Vista, Burbank, 91505; and
3323 W. Victory Blvd., Burbank, 91505.
1.

CALL TO ORDER

2.

REQUESTS TO ADDRESS THE BOARD
a.

Public Communications
An individual or group representative may address the Board of Education on any agenda
item or subject within its jurisdiction by completing a blue request card. Speakers are
requested to state their name prior to speaking to the Board. Not more than five minutes
may be allotted to each speaker, except by unanimous consent of the Board of Education.
The Superintendent may refer the matter to the proper department for review.

3.

CLOSED SESSION
The Board will meet in Closed Session for the purpose of the following:
a.

Conference With Labor Negotiator, Pursuant to Government Code §54957.6:
Agency Negotiator:
Employee Organization:
Chapter 674

b.

Anita Schackmann
California School Employees Association (CSEA)

Conference With Labor Negotiator, Pursuant to Government Code §54957.6:
Agency Negotiator:
Employee Organization:

Anita Schackmann
Burbank Teachers Association (BTA)

c.

Public Employee Discipline/Dismissal/Release Pursuant to Government Code §54957

d.

Public Employee Performance Evaluation Pursuant to Government Code §54957
Title:

Superintendent

Any individual with a disability who requires reasonable accommodation to participate in a Board meeting may
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request assistance by contacting the Superintendent’s Office at (818) 729-4422.

Board of Education
Regular Meeting - Thursday, May 15, 2014

4.

e.

Expelled Students for Readmittance in the Burbank Unified School District, as per Board
Policy 5144 and Education Code Section 48917
The Board of Education will meet in Closed Session pursuant to Board Policy 5144 and
Education Code Section 48917 to consider the readmittance recommendation report from
the Transfer Review Committee for the following Student(s) I.D. #23386; #20785;
#23147; #12871; #22408; #13957; #22379; #22407; #11778; #21991; #21998; #23407;
and #17433, as presented in Confidential Exhibit 3e.

f.

Conference With Legal Counsel - Anticipated Litigation Pursuant to Government Code
§54956.9 Significant Exposure to Litigation:
One Case: Claim for Damages, as presented in Confidential Exhibit 3f.

RECONVENE IN PUBLIC SESSION/PLEDGE OF ALLEGIANCE
When the Board of Education reconvenes in Open Session, the Board may make any required
disclosures regarding actions taken in Closed Session or adopt any appropriate resolutions
concerning these matters.

5.

REPORTING ON CLOSED SESSION

6.

ADJUSTMENTS TO THE AGENDA
The Board President will announce any requests for adjustments to the meeting agenda.

7.

ITEMS FOR FUTURE AGENDAS

8.

PRESENTATIONS/RECOGNITIONS
a.

Recognition of the Spring 2014 Burbank Arts for All Grant Recipients
Tom Kissinger, Assistant Superintendent, Instructional Services, will facilitate the
recognition and introduce Trena Pitchford, Director of Development for Burbank Arts for
All Foundation (BAFA), who will present the recipients of the BAFA spring grants.

b.

Recognition of the 2013-2014 Career Technical Education Student Winners
Sharon Cuseo, Director, Instruction and Accountability, will facilitate the recognition and
introduce Los Angeles County ROP Outstanding Student winners, Skills USA and
California Berkeley Invitational National Speech Tournament students, as presented.

c.

Recognition of 2013-2014 Burbank High School Academic Decathlon Team
Emilio Urioste, Director II, Secondary Education, will facilitate the recognition of the
Burbank High School Academic Decathlon Team.

9.

REPORTS FROM THE BOARD
a.

Board Members’ Comments
Members of the Board of Education will comment on items of interest to the community.

10.

REQUESTS TO ADDRESS THE BOARD
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Board of Education
Regular Meeting - Thursday, May 15, 2014
a.

Public Communications
An individual or group representative may address the Board of Education on any agenda
item or subject within its jurisdiction by completing a blue request card. Speakers are
requested to state their name prior to speaking to the Board. Not more than five minutes
may be allotted to each speaker, except by unanimous consent of the Board of Education.
The Superintendent may refer the matter to the proper department for review.

11.

b.

Staff Comments

c.

Board Comments

REPORTS TO THE BOARD
a.

Superintendent's Comments
Dr. Jan Britz, Superintendent, will comment on items of interest to the Board of
Education and community.

b.

First Reading of Proposed German 3 Textbook
Emilio Urioste, Director II, Secondary Education, will facilitate the first reading of the
proposed German 3 textbook, as presented.

c.

Fifth Report on Burbank Unified School District Local Control Funding Formula (LCFF)
and Local Control and Accountability Plan (LCAP)
Dr. Jan Britz, Superintendent, will introduce Hani Youssef, Director of Safety and
Student Services, who will report on the Burbank Unified School District’s Local Control
and Accountability Plan (LCAP), as presented.

12.

NEW AND/OR UNFINISHED BUSINESS
a.

Approval of Reallocation in Funding for E-Rate Project Year 14 from Fund 40 to Bond
Funds
David Jaynes, Assistant Superintendent, Administrative Services recommends that the
Board of Education approve the reallocation of the E-Rate Year 14 Projects from Fund 40
to Bond Funds, for John Muir Middle School (Bond Fund 21.0-93014.0-00000-850006230-320000) and Burbank High School (Bond Fund 21.0-93015.0-00000-85000-62304310000), as presented.

b.

Approval to Increase Funds for New Data Center at the District Service Center (Bond
Funds)
David Jaynes, Assistant Superintendent, Administrative Services, recommends that the
Board of Education approve the increase in construction cost of a new data center,
Technology Services Department Offices and workspace located at the District Service
Center, not to exceed $1,535,636 total, as follows: $1,135,636 (Bond Fund 21.0-93030.085000-6249-7730000); $200,000 (Special Reserve Fund 40.0-00000.0-00000-81000-

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Board of Education
Regular Meeting - Thursday, May 15, 2014
6410-7730000); and $200,000 (Special Reserve Fund 40.0-00000.0-00000-85000-62307730000), as presented.
c.

Approval of Award of Contract with Nexus IS for Network Electronics (Bond Funds)
David Jaynes, Assistant Superintendent, Administrative Services, recommends that the
Board of Education award a contract to Nexus IS for Bret Harte Elementary School
(Bond Fund 21.0-00000.0-00000-85313-6450-2050000), not to exceed $103,554.75,
including a 7% contingency amount; Ralph Emerson Elementary School (Bond Fund
21.0-00000.0-00000-85313-6450-2030000), not to exceed $84,257.64, including a 7%
contingency amount; Monterey High School (Bond Fund 21.0-00000.0-00000-853136450-5300000), not to exceed $59,202.97, including a 7% contingency amount; and
District Service Center (Bond Fund 21.0-00000.0-00000-85313-6249-7730000), not to
exceed $509,464.58, including a 7% contingency amount, effective May 16, 2014, and
that authority to sign the agreement be exercised pursuant to BUSD-AR 3314, as
presented.

d.

Approval of Lease-Lease-Back Guaranteed Maximum Price (GMP) Agreement (Bond
Funds)
David Jaynes, Assistant Superintendent, Administrative Services, recommends that the
Board of Education approve the “Guaranteed Maximum Price” (GMP) agreement
between Burbank Unified School District and Aire Masters Air Conditioning Inc., not to
exceed $757,642.03 (21.0-92070-0-00000-85000-6230-3210000), effective May 16,
2014 through August 14, 2014 for the HVAC Replacement at Jordan Middle School
project, and that authority to sign the agreement be exercised pursuant to BUSD-AR
3314, as presented.

e.

Adoption of Resolution 31 Approving and Authorizing the Execution of a LeaseLeaseback Agreement, Site Lease, and Sublease with Aire Masters Air Conditioning Inc.
for the HVAC Replacement at Jordan Middle School (Bond Funds)
David Jaynes, Assistant Superintendent, Administrative Services, recommends that the
Board of Education adopt Resolution 31 Approving and Authorizing the Execution of a
Lease-Leaseback Agreement, Site Lease, and Sublease with Aire Masters Air
Conditioning Inc., for the HVAC Replacement at Jordan Middle School Project, as
presented.

f.

Acceptance of Notice of Completion (Deferred Maintenance Funds)
David Jaynes, Assistant Superintendent, Administrative Services, recommends that the
Board of Education accept the following project as completed: CUPCCAA Informal Bid
1314-045 Exterior Painting at Adult School (14.0-00000.0-00000-85000-6110-533-0000)
by Pacific Contracting, Inc., not to exceed $96,580, as presented.

g.

Approval of Increase in Board Member Compensation - Education Code §35120
Dr. Jan Britz, Superintendent, recommends that the Board of Education approve an
increase in Board members’ compensation by 5% pursuant to Education Code §35120,
subdivision 9 (e), to a new maximum monthly compensation of $463.00, effective May 1,
2014, as presented.

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Board of Education
Regular Meeting - Thursday, May 15, 2014
h.

Amendment to Contract of Employment for Superintendent of Schools
Dr. Roberta Reynolds, President of the Board of Education, recommends that the Board
of Education approve the amendment to the Employment Contract with Janet Britz,
Ed.D., as Superintendent of Schools, effective July 1, 2014 through June 30, 2015, as
presented.

i.

Approval of Award of Contract – Bid 1415-003 CUPCCAA Informal Bid to Replace the
Boiler at Burbank High School Using Deferred Maintenance Funding
David Jaynes, Assistant Superintendent, Administrative Services, recommends that the
Board of Education award a construction contract for boiler replacement at Burbank High
School, using Bid 1415-003 CUPCCAA Informal Bid to Replace the Boiler at Burbank
High School Using Deferred Maintenance Funding, to (contractor to be determined) not
to exceed (amount to be determined) (14.0-00000.0-00000-85305-6510-4310-0000),
effective June 1, 2014 through December 31, 2014, and that authority to sign the
agreement be exercised pursuant to BUSD-AR 3314, as presented.

j.

Second Reading and Approval of Middle School World Language Program
Emilio Urioste, Director II, Secondary Education, will facilitate the second reading and
recommends that the Board of Education approve the Middle School World Language
Program, as presented.

k.

Adoption of Resolution 32 for the Elimination or Reduction of Services for Classified
Positions
Anita Schackmann, Director, Human Resources Services, recommends that the Board of
Education adopt Resolution 32 for the Elimination or Reduction of Services for
Classified positions, as presented.

13.

CONSENT AGENDA
All items on the Consent Agenda are considered by the Superintendent to be of a routine nature
and are acted on with one motion. Any recommendation may be removed from the Consent
Agenda at the request of any Board member and acted on separately.
a.

Action on Student Readmittance
The Board of Education will take action in public session on the readmit
recommendations by the Transfer Review Committee for the following Student(s):
Student(s) I.D. #23386; #20785; #23147; #12871; #22408; #13957; #22379; #22407;
#11778; #21991; #21998; #23407; and #17433, as presented in Confidential Exhibit 3e.

b.

Approval of Minutes
Dr. Jan Britz, Superintendent, recommends that the Board of Education approve the
minutes of the Regular Meeting of April 17, 2014, as presented.

c.

Approval of Minutes

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Board of Education
Regular Meeting - Thursday, May 15, 2014
Dr. Jan Britz, Superintendent, recommends that the Board of Education approve the
Minutes of the Joint Meeting of the Burbank City Council and the Burbank Unified
School District Board of Education of November 19, 2013, as presented.
d.

Approval of Minutes
Dr. Jan Britz, Superintendent, recommends that the Board of Education approve the
minutes of the Special Meeting of May 1, 2014, as presented.

e.

Acceptance of Gifts
Dr. Jan Britz, Superintendent, recommends that the Board of Education take formal
action accepting the following gifts to the District, and that the Board President convey
appreciation to the donors, as presented.

f.

Approval of Warrants
David Jaynes, Assistant Superintendent, Administrative Services, recommends that the
Board of Education approve payroll warrants in the total amount of $ 1,274,733.38 and
commercial warrants in the total amount of $ 1,169,211.24 as presented.

g.

Purchase Order Report
David Jaynes, Assistant Superintendent, Administrative Services, recommends that the
Board of Education approve Purchase Orders for 2013-2014 as listed through April 23,
2014, as presented.

h.

Approval of Personnel Report Number 13-14-18
Anita Schackmann, Director, Human Resources Services, recommends that the Board of
Education approve Personnel Report number 13-14-18, covering Certificated and
Classified personnel, consisting of Pages 1 to 15 inclusive, as presented.

i.

Approval of Amended Agreement for Professional Services
David Jaynes, Assistant Superintendent, Administrative Services, recommends that the
Board of Education approve the amended agreement between the Burbank Unified
School District and G & S Transit Management, Inc. (dba: City Cab) for transportation
services for Special Education Students on an as needed basis, effective July 1, 2013,
through June 30, 2014, not to exceed $14,000.00* (01.0-07240.0-50010-36000-58127440000), and that authority to sign the agreement be exercised pursuant to BUSD-AR
3314, as presented.
*Please note that this is an increase from $10,000.00 to $14,000.00.

j.

Authorization of Signatures
David Jaynes, Assistant Superintendent, Administrative Services recommends that the
Board of Education approve the amended authorization of signatures, for the period of
May 15, 2014 through May 17, 2015, as presented.

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Board of Education
Regular Meeting - Thursday, May 15, 2014
k.

Amendment to the Ratification of Master Contracts for Nonpublic, Nonsectarian Schools
and Agencies
David Jaynes, Assistant Superintendent, Administrative Services, recommends that the
Board of Education approve the amendment to the ratification of Master Contracts for
special education students, to be provided by the indicated nonpublic, nonsectarian
schools and agencies (01.0-65000.0-57500-11800-5810-7440000), and that authority to
sign the contracts be exercised pursuant to BUSD-AR 3314, as presented.

l.

Ratification of Application, Carl D. Perkins Career and Technical Education Act
Sharon Cuseo, Director, Instruction and Accountability, recommends that the Board of
Education ratify the application for 2014-2015 Carl D. Perkins Career and Technical
Education Improvement Act, and that authority to sign the application be exercised
pursuant to BUSD – AR 3314, as presented.

14.

RECONVENE IN PUBLIC SESSION AND ADJOURNMENT

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Burbank Unified School District
Instructional Services

REPORT TO THE BOARD
TO:

Members of the Board of Education

FROM :

Sharon Cuseo, Director, Instruction and Accountability

PREPARED BY:

Sharon Cuseo, Director, Instruction and Accountability

SUBMITTED BY:

Jenny Jones, Administrative Secretary

DATE:

May 15, 2014

SUBJECT:

Recognition of the 2013-2014 Career Technical Education Student Winners

Background:
The Burbank Unified School District has participated in the Los Angeles County Office of Education
Regional Occupational Program (ROP) since 1986. ROP classes operate with a State approved curriculum
based on national and state standards for career technical education. These classes have clearly written
goals and objectives, and the information and expectations required for each of these courses is validated
annually through reviews by active industry advisory boards. This year, the Burbank ROP program offers
46 sections of 25 different courses with a portion of the salary of 12 contract employees paid through
ROP funding, resulting in significant District salary savings. ROP allocations also fund one full-time
career center technician at each comprehensive high school and a full-time Burbank ROP counselor.
District Wide Goals for 2013-2014:
2.1 Ensure a sequential and viable curriculum for all students in pre-school through adult school.
2.5 Strengthen student opportunities for achievement and success in Career Technical Education
and Alternate Educational Options in grades 9-12 and adult school.
Discussion and Issues:
Burbank is one of 23 districts participating in the Los Angeles County Regional Occupation Program.
This year students in the Burbank ROP program have had an opportunity to participate in three student
competitions. The first competition – the 2013-2014 Outstanding Student Recognition Competition –
involved three occupational areas: Arts, Media and Entertainment; Information and Communication
Technologies; and Agriculture and Natural Resources. Out of a potential field of over 36,000 students
from the 23 school districts who competed in six occupational areas, Burbank received one Gold Medal,
out of a total of seven awarded; and four Silver Medals, out of 28 awarded. The following students were
recognized:
1.
2.
3.
4.
5.

Cameron Flannery, (JBHS), Gold Medal, Stagecraft Technology
Brianna Krejsa, (BHS), Silver Medal, Financial Occupations
Jessica Adams, (JBHS), Silver Medal, Animal Caretaker
Marco Rivera, (BHS), Silver Medal, Professional Actor
Nicholas Maccioni (JBHS) Silver Medal, Marketing
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The second competition, Skills USA, is in its fourth year of competition for Burbank Unified ROP
students. Skills USA, organized in 1965, is the United States career and technical students’ organization
that serves over 300,000 high school students who participate in 10,000 chapters across the country and
are enrolled in training programs in technical, skilled, and service occupations. Skills USA offers local,
state and national competitions in a variety of occupational skill and leadership area contests. A local
Skills USA chapter was organized by JBHS instructors Jon King, (ROP Stagecraft and Video Production)
and John Benne (ROP Construction Technology). Students meet regularly as a chapter and enter the
regional Skills USA competition. The students competed in the areas of Television (Video) Production,
Entrepreneurship, Quiz Bowl, and Job Interview. The students who competed this year were Kelly Wurtz
and Earl Narajos from John Burroughs High School. Although the students did not place, they
represented Burbank USD well with both their effort and their citizenship.
The third competition is the California Berkley Invitational National Speech Tournament that was held
February 15-17, 2014. Students from over 200 high schools from all over the country were represented.
Eleven Burbank High School ROP Professional Actors were ranked among the top performers. Below is
a list of the students and the categories of competition, and the results.
Varsity Humorous Interpretation:
Marco Rivera, octofinals
Iya Baclagan, quarterfinals
Varsity Dramatic Interpretation:
Marco Rivera, octofinals
Iya Baclagan, octofinals
Lauren Yu, quarterfinals
Jarrod Bailey, semi-finals
Varsity Duo Competition:
Jarrod Bailey, and Emma Shannon, quarterfinals
Garrett Goodenough and Valentina Theoharides, quarterfinals
Jordan Nelsestuen and Marco Rivera, quarterfinals
Novice Dramatic Interpretation:
Maria Harris, finalist,
Miles Lopez, finalist, third place
McKynlee Vuncannon, finalist, second place
Fiscal Impact:
ROP is a Tier III program and its funding is flexible; consequently, ROP funding which is available
through the Los Angeles County Office Regional Occupation Program now may be considered as part of
the District’s general fund. The ROP allocation is used to support ROP teacher salaries, ROP technicians,
equipment, and other supplies for ROP classes. In addition, the full-time services of the Burbank ROP
occupational counselor and the other services provided by the LACOE ROP consultants continue to be
provided by the Los Angeles County Office of Education staff at no cost to the District.
Recommendation:
Sharon Cuseo, Director, Instruction and Accountability, will facilitate the recognition and introduce Los
Angeles County ROP Outstanding Student winners, Skills USA and California Berkeley Invitational
National Speech Tournament students, as presented.

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Burbank Unified School District
Instructional Services
REPORT TO THE BOARD
TO:

Members of the Board of Education

FROM:

Emilio Urioste, Director II, Secondary Education

PREPARED BY:

Emilio Urioste, Director II, Secondary Education

SUBMITTED BY:

Laura Erisman, Administrative Secretary

DATE:

May 15, 2014

SUBJECT:
First Reading of Proposed German 3 Textbook
_____________________________________________________________________________________

Background:
The available selection of German 3 textbooks is limited. The publisher that was selected for
both German 1 and German 2 no longer has German 3 materials in print. It was necessary,
therefore, to look to other publishers for appropriate high school material.
District-Wide Goals for 2013-14:
2.1

Ensure a sequential and viable curriculum for all students in preschool through adult
school.
Develop opportunities for students to have access to world languages K-12.

2.8

Discussion/Issues:
The World Language teachers reviewed textbooks from EMC Publishing and Holt, Rinehart and
Winston and selected the books being proposed to the Board of Education for adoption. Deutsch
Aktuell 3 6th Ed. from EMC Publishing, ISBN 978-0-82-196800-0, is proposed as the primary
textbook for the German 3 Language course.
The world language teachers identified the following strengths in the textbook they selected:
•
•
•
•
•
•

Presents both the conversational and narrative past tense early in the program.
Provides clear textual divisions that are similar from chapter to chapter.
Introduces a wide variety of materials from historical facts about Germanic lands from 9th
Century to the present.
Includes i-Culture which allows for students to experience authentic culture from a
variety of media: videos, news articles, and music.
Provides social and cultural views of the present day on issues such as the use of the
Internet, health-conscious living, stress at school and political engagement.
Presents authentic fictional and informational texts of a wide stylistic variety

The textbooks will be available for review at the District Office in Instructional Services through June 4,
2014. The textbook will be presented for adoption by the Board on June 4, 2014.
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Fiscal Impact:
John Burroughs High School will order these textbooks from their textbook allotments from lottery funds.
The cost for the student edition is $79.95. The cost for the supplemental workbook is $16.95 per student.
Currently there are 5 students registered to take German 3. The total cost for the textbooks and
supplemental guidebooks, including shipping/handling and tax is:

12 Student Editions at $79.95
12 Student Edition Workbooks at $16.95
Teacher Resources
Assessment Packages
Multimedia Media Technology
Internet German i-Culture
Shipping and Handling
9.00% Sales Tax
Total

$ 959.40
$ 203.40
$107.90
$852.90
$218.95
$1,364.95
$370.75
$333.68
$4,411.93

The teachers’ editions and teacher resource materials are included in the cost above but are
complimentary items provided by the publisher. The cost will be paid from appropriation number
01.3-63000.0-11100-10000-4110-432900.
Recommendation:
Emilio Urioste, Director II, Secondary Education, will facilitate the first reading of the proposed German
3 textbook, as presented.

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School Name:
John Burroughs High School
Contact Name:
Angelica Fitzgerald
School Address:
1920 W. Clark Avenue
City, State, Zip:
Burbank, CA. 91506
School Phone:
818-558-4777 x 62910
Contact's Email:
[email protected]
Purchase Order Number:
Please Attach a Copy of this Pricing Proposal to Purchase Order

*Date: 4-22-14

DESCRIPTION-LEVEL
2014 COST PER
UNIT

QTY

EDUCATOR
PRICE

EMC OFFER

Textbook + Multiplatform eBook (6-year license)

$79.95

12

$959.40

$959.40

Workbook

$16.95

12

$203.40

$203.40

Annotated Teacher’s Edition
Workbook TE

$85.95
$21.95

1
1

$85.95
$21.95

$85.95
$21.95

Plan, Listen, and Assess Pack w Audio CDs
Lesson Planner & EXAMVIEW® Assessement Suite DVD

$655.95
$196.95

1
1

$655.95
$196.95

$655.95
$196.95

DVD Program - Treffpunkt Berlin

$218.95

1

$218.95

$218.95

German i-Culture (site license for entire building)

$1,364.95

1

$1,364.95

$1,364.95

$3,707.50
$370.75
$333.68

$3,707.50
$370.75
$333.68

ISBN
Student Courseware
9780821968000

9780821954942
Teacher Resources
9780821954935
9780821954966
Assessment Packages
9780821954980
9780821954539
Multimedia Technology
9780821955055
Internet Technology
9780821933503

Deutsch Aktuell 3 (6th Edition)

SUBTOTAL
Shipping & Handling
State Tax

10%
9%

TOTAL EDUCATOR PRICE
TOTAL SCHOOL / DISTRICT SAVINGS

$4,411.93
$0.00

AMOUNT SCHOOL / DISTRICT PAYS (EMC OFFER)

$4,411.93

Send with PO to:

EMC Publishing
Attn: Customer Service
875 Montreal Way
St. Paul, MN 55102
Fax: 800-328-4564
E-mail: [email protected]

*Note: Pricing on this proposal valid until Oct. 1, 2014
This contract is void without a date presented.

Local Sales Representative:
Name:Michael Padus
Phone Number:Toll Free: 866-694-1354
[email protected]

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Burbank Unified School District
Department of Safety & Student Services

REPORT TO THE BOARD
TO:

Members of the Board of Education

FROM:

Dr. Jan Britz, Superintendent

PREPARED BY:

Hani Youssef, Director, Safety and Student Services

SUBMITTED BY:

Beverley Lawrence, Safety & Student Services, Administrative Secretary

DATE:

May 15, 2014

SUBJECT:

Fifth Report on Burbank Unified School District Local Control Funding Formula
(LCFF) and Local Control and Accountability Plan (LCAP)

Background:
In 2013, the Governor of California proposed full funding flexibility for local school districts called Local
Control Funding Formula (LCFF). Prior to LCFF, California schools were funded through the Revenue
Limit System. Revenue limits were created in response to a lawsuit over inequities in funding per pupil
based on the relative wealth of each school district. Under revenue limits each district had a base revenue
limit, which was a set dollar amount per pupil. A district’s revenue limit entitlement was its base revenue
limit multiplied by the number of students attending its schools. The number of students was measured
by the district’s average daily attendance (ADA). The revenue limit entitlement was funded by local
property taxes and state aid. A percentage of the property tax revenue generated by real property located
within a district was assigned to the district; state aid made up the difference between a district’s
entitlement and its property tax revenue. If a district’s property tax revenue exceeded its entitlement, it
retained these “excess taxes.” The sum of the entitlement and any excess taxes were a district’s revenue
limit funds.
As California schools transition to Local Control Funding Formula, a number of significant changes in
funding will take place. The big idea behind LCFF is that the state should set key priorities for all
students, but that local decisions are more likely to benefit kids than a state-determined “one size-fits-all”
approach. LCFF requires school district stakeholders to develop a Local Control and Accountability Plan
(LCAP) to spend the supplemental grant, concentration grant, and base grant funding. Supplemental
grant funding and concentration grant can be used for targeted programs for high need students or by
running school-wide or district-wide programs that can serve additional students as well. The LCAP shall
be used to provide details regarding the actions and expenditures to support pupil outcomes and overall
performance pursuant to Education Codes 52060, 52066, 47605, 47605.5, and 47606.5. The LCAP must
describe goals and specific actions to achieve those goals for all pupils and each subgroup defined in
Education Code section 52052. The district must adopt a three-year plan and update it annually according
to the data results.
The LCAP is intended to be a comprehensive planning tool. Each LCAP goal must be aligned to one or
more of the eight state priorities. The eight state priorities are as follows: Student Engagement, Other
Student Outcomes, Parental Involvement, Access to a Broad Curriculum, Common Core State Standards,
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Basic Services, School Climate, and Student Achievement. There are three sections to the LCAP and
each section contains guiding questions that must be addressed, as well. The three LCAP sections are
Stakeholder Engagement, Goals and Progress Indicators, and Actions, Services, and Expenditures.
District-Wide Goals for 2013-2014:
1.2
Continue to develop collaborative and professional learning communities focused on student
achievement.
2.6
Promote a culture of continuous learning and collaboration for staff tied to student achievement.
3.1
Ensure a safe, healthy, and positive school environment promoting student connectedness to
school with a sense of belonging and significance.
4.1
Promote the involvement, interaction of School Site Councils, PTA, and District Advisory
Committees.
5.1
Sustain cost-effective and relevant options for staff support and training.
6.1
Continue work towards implementing a balanced budget plan including negotiable and nonnegotiable reductions in ongoing general fund costs.
7.1
Strive to emphasize that all facilities, grounds, playfields, and equipment be clean, safe, and
secure.
Discussion/Issues:
Since the last board report on May 1, 2014, the Burbank Unified School District LCAP Advisory Group
completed the first draft of the BUSD LCAP. The group has linked those goals to the eight state
priorities as identified by the California Department of Education. Each goal is measurable and BUSD
will be held accountable for updating the goals as needed based on student achievement data. The
Advisory Group has also prioritized the goals and identified a means of measuring the success and
achievement of each goal. The Advisory Group has also explored the fiscal impact of each goal on the
BUSD Supplemental Grant and Base Grant. The financial impact was taken into consideration during the
process of prioritizing goals and developing the LCAP for BUSD.
A draft of the BUSD LCAP has been e-mailed to Advisory Group members and feedback has been
exchanged regarding this draft. The draft was presented to the LCAP Advisory Group on May 6, 2014.
On May 8, 2014, the Burbank Unified School District Board of Education hosted a Town Hall Meeting to
seek recommendations and comments from members of the public prior to adopting the LCAP. The
Town Hall meeting was held at the Burbank Adult School. The first reading of the BUSD LCAP is on
June 5, 2014. Our goal is to have the BUSD Board of Education adopt the LCAP at the board meeting
scheduled for June 19, 2014.
Fiscal Impact:
The fiscal impact to the district will be determined as district goals and school site goals are drafted. The
fiscal impact will not exceed the amount budgeted under LCFF or the supplemental grant funding BUSD
receives.
Recommendation:
Dr. Jan Britz, Superintendent, will introduce Hani Youssef, Director of Safety and Student Services, who
will report on the Burbank Unified School District’s Local Control and Accountability Plan (LCAP), as
presented.

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§ 15497. Local Control and Accountability Plan and Annual Update Template.
Introduction:
LEA: Burbank Unified School District Contact: Dr. Jan Britz, Superintendent of Schools, [email protected] 818 729‐4400 LCAP Year: 2014‐2015

Local Control and Accountability Plan and Annual Update Template
The Local Control and Accountability Plan (LCAP) and annual update template shall be used to provide details regarding local educational
agencies’ (LEAs) actions and expenditures to support pupil outcomes and overall performance pursuant to Education Code sections 52060, 52066,
47605, 47605.5, and 47606.5.
For school districts, pursuant to Education Code section 52060, the LCAP must describe, for the school district and each school within the district,
goals and specific actions to achieve those goals for all pupils and each subgroup of pupils identified in Education Code section 52052, including
pupils with disabilities, for each of the state priorities and any locally identified priorities.
For county offices of education, pursuant to Education Code section 52066, the LCAP must describe, for each county office of education‐operated
school and program, goals and specific actions to achieve those goals for all pupils and each subgroup of pupils identified in Education Code
section 52052, including pupils with disabilities, who are funded through the county office of education Local Control Funding Formula as
identified in Education Code section 2574 (pupils attending juvenile court schools, on probation or parole, or mandatorily expelled) for each of the
state priorities and any locally identified priorities. School districts and county offices of education may additionally coordinate and describe in
their LCAPs services provided to pupils funded by a school district but attending county‐operated schools and programs, including special
education programs.
Charter schools, pursuant to Education Code sections 47605, 47605.5, and 47606.5, must describe goals and specific actions to achieve those
goals for all pupils and each subgroup of pupils identified in Education Code section 52052, including pupils with disabilities, for each of the state
priorities as applicable and any locally identified priorities. For charter schools, the inclusion and description of goals for state priorities in the
LCAP may be modified to meet the grade levels served and the nature of the programs provided, including modifications to reflect only the
statutory requirements explicitly applicable to charter schools in the Education Code.
The LCAP is intended to be a comprehensive planning tool. LEAs may reference and describe actions and expenditures in other plans and funded
by a variety of other fund sources when detailing goals, actions, and expenditures related to the state and local priorities. LCAPs must be
consistent with school plans submitted pursuant to Education Code section 64001. The information contained in the LCAP, or annual update, may
be supplemented by information contained in other plans (including the LEA plan pursuant to Section 1112 of Subpart 1 of Part A of Title I of
Public Law 107‐110) that are incorporated or referenced as relevant in this document.

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For each section of the template, LEAs should comply with instructions and use the guiding questions as prompts (but not limits) for completing
the information as required by statute. Guiding questions do not require separate narrative responses. Data referenced in the LCAP must be
consistent with the school accountability report card where appropriate. LEAs may resize pages or attach additional pages as necessary to
facilitate completion of the LCAP.

State Priorities
The state priorities listed in Education Code sections 52060 and 52066 can be categorized as specified below for planning purposes, however,
school districts and county offices of education must address each of the state priorities in their LCAP. Charter schools must address the priorities
in Education Code section 52060(d) that apply to the grade levels served, or the nature of the program operated, by the charter school.
A. Conditions of Learning:
Basic: degree to which teachers are appropriately assigned pursuant to Education Code section 44258.9, and fully credentialed in the subject
areas and for the pupils they are teaching; pupils have access to standards‐aligned instructional materials pursuant to Education Code section
60119; and school facilities are maintained in good repair pursuant to Education Code section 17002(d). (Priority 1)
Implementation of State Standards: implementation of academic content and performance standards adopted by the state board for all pupils,
including English learners. (Priority 2)
Course access: pupil enrollment in a broad course of study that includes all of the subject areas described in Education Code section 51210 and
subdivisions (a) to (i), inclusive, of Section 51220, as applicable. (Priority 7)
Expelled pupils (for county offices of education only): coordination of instruction of expelled pupils pursuant to Education Code section 48926.
(Priority 9)
Foster youth (for county offices of education only): coordination of services, including working with the county child welfare agency to share
information, responding to the needs of the juvenile court system, and ensuring transfer of health and education records. (Priority 10)
B. Pupil Outcomes:
Pupil achievement: performance on standardized tests, score on Academic Performance Index, share of pupils that are college and career ready,
share of English learners that become English proficient, English learner reclassification rate, share of pupils that pass Advanced Placement
exams with 3 or higher, share of pupils determined prepared for college by the Early Assessment Program. (Priority 4)

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Other pupil outcomes: pupil outcomes in the subject areas described in Education Code section 51210 and subdivisions (a) to (i), inclusive, of
Education Code section 51220, as applicable. (Priority 8)
C. Engagement:
Parent involvement: efforts to seek parent input in decision making, promotion of parent participation in programs for unduplicated pupils and
special need subgroups. (Priority 3)
Pupil engagement: school attendance rates, chronic absenteeism rates, middle school dropout rates, high school dropout rates, high school
graduations rates. (Priority 5)
School climate: pupil suspension rates, pupil expulsion rates, other local measures including surveys of pupils, parents and teachers on the sense
of safety and school connectedness. (Priority 6)
Section 1: Stakeholder Engagement
Meaningful engagement of parents, pupils, and other stakeholders, including those representing the subgroups identified in Education Code
section 52052, is critical to the LCAP and budget process. Education Code sections 52062 and 52063 specify the minimum requirements for school
districts; Education Code sections 52068 and 52069 specify the minimum requirements for county offices of education, and Education Code
section 47606.5 specifies the minimum requirements for charter schools. In addition, Education Code section 48985 specifies the requirements for
translation of documents.
Instructions: Describe the process used to engage parents, pupils, and the community and how this engagement contributed to development of
the LCAP or annual update. Note that the LEA’s goals related to the state priority of parental involvement are to be described separately in
Section 2, and the related actions and expenditures are to be described in Section 3.
Guiding Questions:

1) How have parents, community members, pupils, local bargaining units, and other stakeholders (e.g., LEA personnel, county child welfare
agencies, county office of education foster youth services programs, court‐appointed special advocates, foster youth, foster parents,
education rights holders and other foster youth stakeholders, English learner parents, community organizations representing English
learners, and others as appropriate) been engaged and involved in developing, reviewing, and supporting implementation of the LCAP?
2) How have stakeholders been included in the LEA’s process in a timely manner to allow for engagement in the development of the LCAP?

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3) What information (e.g., quantitative and qualitative data/metrics) was made available to stakeholders related to the state priorities and
used by the LEA to inform the LCAP goal setting process?
4) What changes, if any, were made in the LCAP prior to adoption as a result of written comments or other feedback received by the LEA
through any of the LEA’s engagement processes?
5) What specific actions were taken to meet statutory requirements for stakeholder engagement pursuant to Education Code sections
52062, 52068, and 47606.5, including engagement with representative parents of pupils identified in Education Code section 42238.01?
6) In the annual update, how has the involvement of these stakeholders supported improved outcomes for pupils related to the state
priorities?
Involvement Process

Impact on LCAP

1. How have parents, community members, pupils, local
bargaining units, and other stakeholders (e.g., LEA personnel,
county child welfare agencies, county office of education foster
youth services program, court-appointed special advocates,
foster youth, foster parents, education rights holders and other
foster youth stakeholders, English learner parents, community
organizations representing English learners, and others as
appropriate ) been engaged and involved in developing,
reviewing and supporting implementation of the LCAP?

4. What changes, if any, were made in the
LCAP prior to adoption as a result of written
comments or other feedback received by the
LEA through any of the LEA’s engagement
processes?

The Burbank Unified School District (BUSD) LCAP Advisory Group
consists of various stakeholders. Members include, but are not limited
to students, parents, local business partners, community
representation, classified employees, certificated employees, site
administrators, and district administrators. Parents on the Advisory
Group include parents of students who are classified as English
Learners (EL), special education (Sped), and Gifted and Talented
Education (GATE). They also represent various ethnic subgroups.
Members of School Site Councils (SSC) from every BUSD school site
were invited to participate as well as parents, community members
and representatives from Burbank Arts for All.

Changes were made to the BUSD LCAP prior to
adoption as a result of written comments and
other feedback received by the LEA and
stakeholders.
Every meeting of the LCAP
Advisory Group seemed to either clarify
something related to BUSD and student
achievement or generate greater curiosity about
BUSD and student achievement. For example,
the district-wide student achievement data that
was shared with the Advisory Group on February
25, 2014 inspired healthy discussions about
students completing a-g requirements. As a
result, a presentation by the BUSD Director of
Assessment
and
Accountability
on
a-g
completion rates for BUSD was scheduled for
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The BUSD Board of Education hosted a board retreat on February 1,
2014 and February 2, 2014. At that event an overview of how the
District will proceed with drafting its LCAP was presented. The
presentation included how BUSD would involve stakeholders in the
LCAP, when stakeholders will meet to draft the LCAP, and where
stakeholders would meet to draft the LCAP. A timeline was presented
to the Board of Education. That timeline started with an initial meeting
scheduled for February 12, 2014. Thereafter, the LCAP Advisory
Group continued to meet regularly on Tuesday evenings from 6:30 –
8:30 p.m. On May 8, 2014, a town hall meeting was held to review the
draft plan and to respond to questions. The LCAP Advisory Committee
then revised the plan, and it was presented in its final form at a public
reading on July 19, 2014.
2. How have stakeholders been included in the LEA’s process in
a timely manner to allow for engagement in the development of
the LCAP?
Prior to the initial meeting on February 12, 2014, BUSD reached out to
numerous stakeholders. Many of the stakeholders reached out to
BUSD to participate in drafting a plan. A BUSD LCAP Advisory Group
consisting of over sixty members was formed. The largest group of
stakeholders was the parent group. In addition to having an LCAP
Advisory Group, BUSD developed an online survey. Hard copies of
the survey were made available to stakeholders. The survey was
drafted in English, Spanish, and Armenian.

March 1, 2014.
This presentation inspired
members to ask questions and learn more about
academic counseling services at BUSD
secondary schools. The Advisory Group was
eager to directly hear from secondary counselors
about counseling responsibilities and other
aspects of secondary counseling services. As a
result, BUSD secondary school counselors
presented to the Advisory Group on April 1,
2014.
In similar fashion, BUSD budgetary matters were
of great interest to the Advisory Group. Members
were interested in learning more about the funds
available through the Supplemental Grant and
Base Grant. Members of the Advisory Group
were aware that BUSD did not qualify for
Concentration Grant money. In order to prioritize
the needs of BUSD and BUSD students, the
Advisory Group desired information on all
available funding.
Two separate budgetary
presentations were scheduled for the Advisory
Group. One presentation was specific to the
Supplemental Grant and the other presentation
was on the Base Grant and overall BUSD
budget.
The information from those two
presentations allowed members of the Advisory
Group to better generate goals, target groups of
students for additional support, and prioritize
goals to support student achievement.

The first meeting of the BUSD LCAP Advisory Group was held on
February 18, 2014 at one of the BUSD middle schools. The Advisory
Group met weekly from February 18, 2014 to May 6, 2014. The only
weeks the Advisory Group did not meet were the week of spring break
and the week before presenting the first draft of the BUSD LCAP. The As mentioned above, Advisory Group members
first meeting involved an introductory presentation.
Members had an opportunity to complete Exit Tickets that
introduced themselves to one another and were informed about the
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changes required in the Local Control Funding Formula. In addition,
the subgroups identified in Education Code 52052 were described.
The LCAP Advisory Group learned and became very knowledgeable
about the required eight state priorities. The Advisory Group was
informed about their responsibilities as they relate to the development
and adoption of the BUSD LCAP.
As the Advisory Group continued to meet weekly, the agendas
included presentations from a variety of different school district
personnel.
A review of District data was provided of student
achievement data, including proficiency rates of all students and
subgroups in English Language Arts and math. District-wide
enrollment data, suspension rate data, and both academic and
behavior supports already in place were reviewed. In addition, the
2013-2014, 2014-2015, and 2015-2016 District budgets were
presented. The BUSD school board goals and LEA goals were shared
as well. Members of the Advisory Group reviewed the approved
LCAP template, worked collaboratively in table groups to develop
program ideas, analyzed survey results, and prioritized LCAP goals.
During each meeting, Advisory Group members received hard copies
of materials such as agendas, survey results, and data. At the end of
each meeting, Advisory Group members had an opportunity to
complete Exit Tickets that asked three questions: What did you learn
from tonight’s LCAP meeting, What would you like to learn more about
moving forward, and Is there something that you would like to ask or
say that you haven’t asked or said yet. The responses to the Exit
Ticket questions as well as requests for additional information were
provided to all members at the next scheduled meeting. This format
was used as a regular practice for the duration of time the LCAP
Advisory Group met.

asked three questions: What did you learn from
tonight’s LCAP meeting, What would you like to
learn more about moving forward, and Is there
something that you would like to ask or say that
you haven’t asked or said yet. The responses to
these questions were typed and shared with the
Advisory Group at the very next meeting. Some
of the questions were answered in writing by
district administrators as well. Written responses
were included in the copies Advisory Group
members received the following week.

The BUSD LCAP resulted in nine goals. All of
these goals were derived from data that was
provided during Advisory Group meetings. All
nine of the goals are measurable and all eight of
the goals are linked to the eight state priorities.
Through independent participation and
collaborating with one another, Advisory Group
members drafted multiple goals. On April 22,
2014 the BUSD LCAP Advisory Group prioritized
the action items necessary for meeting each
goal. On that same evening, the Advisory Group
also analyzed the fiscal impact of each action
item. As the Advisory Group worked to prioritize
the action items necessary to meet each goal,
the Advisory Group concluded there are twelve
primary action items they would like BUSD to
consider implementing or continuing should
funding allow. The Advisory Group
recommended that the District consider funding
3. What information (e.g., quantitative and qualitative/metrics) the following actions items from the
was made available to stakeholders related to the state priorities Supplemental Grant: Curriculum Specialist, math

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and used by the LEA to inform the LCAP goal setting process?
Throughout the process, stakeholders received quantitative and
qualitative information to inform the LCAP goal setting process. This
information was related to the eight state priorities. The quantitative
and qualitative data included the BUSD District-Wide Goals for 20132014, as set forth by the Board of Education and the LEA Plan goals.
In addition to the District-Wide Goals and the LEA plan goals, the
BUSD LCAP Advisory Group received quantitative information related
to standardized tests, college and career readiness, Advanced
Placement (AP) pass rates, access to AP courses, attendance,
suspensions, expulsions, dropout rates, SAT scores, and graduation
rates.
The District-Wide Goals are primarily qualitative. The goals include
BUSD schools meeting or exceeding their annual academic
performance index and adequate yearly progress targets.
Additionally, BUSD district-wide goals require content and instruction
that ensures student achievement of district-adopted proficiency
standards and strengthening comprehensive student support systems.
The District-Wide Goals also seek to actively engage the community
to promote shared responsibility for student success, and recruiting,
hiring, and retaining highly qualified, talented, and productive staff.
Finally, the goals emphasize ongoing analysis of the district budget
and program priorities for the purpose of preserving district solvency
and facilities planning.

intervention in grades K-8, adding one additional
counselor to each of our three middle schools
and two comprehensive high schools, ELA
intervention in grades K-5, and funding Library
Assistants at all eleven elementary schools. The
above took place prior to adoption of the LCAP.
The LCAP Advisory Group developed District
goals and identified action items to achieve those
goals as priorities for spending supplemental
funds on the targeted population. In addition, the
LCAP Advisory Committee developed a list of
priorities that aligned to the eight state priorities
and would supported by base grant funds as
those funds become available for such
expenditures.

The LEA plan goals are qualitative and quantitative. Most of these
goals focused on instruction and academic achievement for students.
The LEA plan goals targeted all students, included Program
Improvement goals, and goals for subgroups of students. Like the
BUSD District-Wide Goals, stakeholders used the LEA plan goals to
inform the LCAP goal setting process. The LEA plan goals include,

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but are not limited to, all Limited English Proficient students will
become proficient in English, identified subgroups of students will
increase percent proficient or above rates in ELA and mathematics,
and identified subgroups will increase towards AYP targets as
specified by NCLB. In addition, the LEA goals state that BUSD will
maintain a graduation pass rate of 90% or above for all subgroups and
BUSD will implement differentiated instructional strategies for Hispanic
students, socio-economically disadvantaged students, students with
disabilities, and English Learners.

5. What specific actions were taken to meet statutory
requirements for stakeholder engagement pursuant to Education
Code sections 52062, 52068, and 47606.5, including engagement
with representative parents of pupils identified in Education
Code section 42238.01?
To ensure that parents and other stakeholders of pupils identified in
Education Code section 42238.01 were informed and engaged in the
process of developing the LCAP, BUSD representatives presented at
a District English Learner Advisory Committee (DELAC) meeting and
invited members of School Site Councils from every school to
participate in Advisory Group meetings. Also, the BUSD LCAP survey
was translated into Spanish and Armenian and hard copies of the
survey were made available at each school site. E-mail blasts were
generated and sent to all parents/guardians via the BUSD student
information system and an introductory PowerPoint presentation was
added to the district web-site for public viewing. In addition, a public
town hall meeting was scheduled and held. Public readings of the
LCAP took place at scheduled school board meetings, and personal
phone calls were made to some parents/guardians of students in the
targeted populations.

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The LCAP Advisory Group developed District goals and identified
action items to achieve those goals as priorities for spending
supplemental funds on the targeted population. In addition, the LCAP
Advisory Committee developed a list of priorities that aligned to the
eight state priorities and would supported by base grant funds as
those funds become available for such expenditures.

Section 2: Goals and Progress Indicators
For school districts, Education Code sections 52060 and 52061, for county offices of education, Education Code sections 52066 and 52067, and for
charter schools, Education Code section 47606.5 require(s) the LCAP to include a description of the annual goals, for all pupils and each subgroup
of pupils, for each state priority and any local priorities and require the annual update to include a review of progress towards the goals and
describe any changes to the goals.
Instructions: Describe annual goals and expected and actual progress toward meeting goals. This section must include specifics projected for
the applicable term of the LCAP, and in each annual update year, a review of progress made in the past fiscal year based on an identified metric.
Charter schools may adjust the chart below to align with the term of the charter school’s budget that is submitted to the school’s authorizer
pursuant to Education Code section 47604.33. The metrics may be quantitative or qualitative, although LEAs must, at minimum, use the specific
metrics that statute explicitly references as required elements for measuring progress within a particular state priority area. Goals must address
each of the state priorities and any additional local priorities; however, one goal may address multiple priorities. The LEA may identify which
school sites and subgroups have the same goals, and group and describe those goals together. The LEA may also indicate those goals that are not
applicable to a specific subgroup or school site. The goals must reflect outcomes for all pupils and include specific goals for school sites and
specific subgroups, including pupils with disabilities, both at the LEA level and, where applicable, at the school site level. To facilitate alignment
between the LCAP and school plans, the LCAP shall identify and incorporate school‐specific goals related to the state and local priorities from the
school plans submitted pursuant to Education Code section 64001. Furthermore, the LCAP should be shared with, and input requested from,
school site‐level advisory groups (e.g., school site councils, English Learner Advisory Councils, pupil advisory groups, etc.) to facilitate alignment
between school‐site and district‐level goals and actions. An LEA may incorporate or reference actions described in other plans that are being
undertaken to meet the goal.

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Guiding Questions:
1)
2)
3)
4)
5)

What are the LEA’s goal(s) to address state priorities related to “Conditions of Learning”?
What are the LEA’s goal(s) to address state priorities related to “Pupil Outcomes”?
What are the LEA’s goal(s) to address state priorities related to “Engagement” (e.g., pupil and parent)?
What are the LEA’s goal(s) to address locally‐identified priorities?
How have the unique needs of individual school sites been evaluated to inform the development of meaningful district and/or individual
school site goals (e.g., input from site level advisory groups, staff, parents, community, pupils; review of school level plans; in‐depth
school level data analysis, etc.)?
6) What are the unique goals for subgroups as defined in Education Code sections 42238.01 and 52052 that are different from the LEA’s
goals for all pupils?
7) What are the specific predicted outcomes/metrics/noticeable changes associated with each of the goals annually and over the term of
the LCAP?
8) What information (e.g., quantitative and qualitative data/metrics) was considered/reviewed to develop goals to address each state or
local priority and/or to review progress toward goals in the annual update?
9) What information was considered/reviewed for individual school sites?
10) What information was considered/reviewed for subgroups identified in Education Code section 52052?
11) In the annual update, what changes/progress have been realized and how do these compare to changes/progress predicted? What
modifications are being made to the LCAP as a result of this comparison?

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Identified
Need and
Metric
(What needs
have been
identified and
what metrics
are used to
measure
progress?)

Metric(s):
2013 CST
District
Benchmarks
SBAC
Need:
Increase the
percentage of
students
proficient in
ELA & math

What will be different/improved for
students? (based on identified metric)

Goals
Applicable
Pupil
Subgroup(s)
Description of
Goal

1. Increase
academic
achievement
in English and
math for all
students.

(Identify
applicable
subgroups
(as defined in
EC 52052) or
indicate “all”
for all
pupils.)
All Students

School(s)
Affected
(Indicate
“all” if the
goal applies
to all schools
in the LEA, or
alternatively,
all high
schools, for
example.)

Annual Update:
Analysis of
Progress

All Schools
K‐12

68%.4% (Math);
68.3% (ELA)

Related State
and Local
Priorities
(Identify specific
state priority. For
districts and
COEs, all
priorities in
statute must be
included and
identified; each
goal may be
linked to more
than one priority
if appropriate.)

LCAP
Year 1:
2014‐15

LCAP
Year 2:
2015‐16

LCAP
Year 3:
2016‐17

CST
NA
District
Benchmark
Baseline

CST
NA
District
Benchmark
+ 3%

CST
NA
District
Benchmark
+ 3%

Student
Achievement

SBAC
Baseline

SBAC
+ 3%

SBAC
+ 3%

Implementation
of the Common
Core

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Student
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Metric:
2013 CST
District
Benchmarks
S BAC
Need :
Increase
percentage
Of student
proficiency in
ELA and Math

Metric:
Benchmarks
SBAC
Writing
Prompts
Pacing
Guides
Report Cards

2. Increase
academic
achievement
in English and
math for
targeted
subgroups

English
Language
Learners

K‐12

Foster Youth

ELA 55%
Math 39%

Students With
Disabilities

ELA 41.1%
Math 43%

District
Benchmark
Baseline

District
Benchmark
+ 3%

District
Benchmark
+ 3%

Student
Achievement

SBAC
Baseline

SBAC
+ 3%

SBAC
+ 3%

Student
Engagement

Implementation
of CCSS

3. Align all

All Students

K‐12

instruction
and student
learning to the
CCSS.

Need:
Align
Instruction
to the CCSS

Metric(s):
1. The ratio
of music
teachers to
students
Need:
1. Reduce
ratio
2. The

ELA 41.1%
Math 43%

Pacing
Guides

75%
complete

90%
complete

100%
complete

Alignment of
Report Cards

75%
complete

90%
complete

100%
Complete

Development
of Writing Prompts

85%
complete

95%
complete

100%
Complete

Development
Of Benchmarks

30%
complete

50%
Complete

75%
Complete

75%
complete

90%
complete

100% complete

Planning
In Year 1

Add 2
teachers

Add 1 teacher

Professional
Development

4. Increase
access to the
arts and music
education, k‐
12.

All

Elementary
Secondary

Current music
teacher/student
ratio = 5446:2
Grades
K‐1
0 minutes/yr

1089:1
Grades
1‐3
1200
mins/yr

907:1
Grades
K‐3
1200
mins/yr
Gr 4‐5

Grades 2‐3 600

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Implementation
of CCSS
Student
Achievement

Student
Engagement

Student
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number of
instructional
minutes
dedicated to
music
3. Number of
Visual &
Performing
arts courses
Metric(s):
4 yr. cohort
grad Rate
a‐g
completion
Report cards
Master
Schedule
AP scores
Need:
Increase %
of students
who
successfully
complete
high school
and are
college &
career ready
Reduce D&F
grades.
Increase %
of UC a‐g
qualified
students

minutes/yr

Gr 4‐5
1600
mins/yr

Grades 4‐5 855
mins/year
Current baseline

5. Develop and
implement a
comprehensiv
e guidance
plan to
prepare
students for
college and/or
the
workplace.

All Students

6‐12

Increase by
3% over
previous
year’s
enrollment

1600
mins/yr

School Climate

Increase by 2%
over previous
year’s
enrollment

Course Access

Implementation
of CCSS

D‐F grades

Decrease 2%

Decrease 2%

Decrease 2%

AP/H/GATE
40% of students
have at least one
class

Increase
class
enrollment
3%

Increase
class
enrollment
3%

Increase
Class
enrollment
3%
Student
Achievement

English Learner
H.S. Grad
Rate
80.6

Increase
2%

UC a‐g qualified
Burbank HS 42.1

Increase
5%

Increase
2%

Increase
2%
Student
Engagement

Increase 5%

Increase 5%

Burroughs HS
44.4
Number of
Counselor/Student
Academic contacts

Other Student
Outcomes
Planning
Year‐
Guidance
Master Plan
Development

Add 2 HS
Counselors
Increase
Contacts by
16%

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Add 3 MS
Counselors
Increase
Contacts
By 33.3%

Course Access

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Metric:
Numbers of
teachers
who have
received
training.
Need: There
is a need for
teachers to
receive
professional
developmen
t in the
following:
st
21 Century
Classroom
technology,
Engagement
strategies,
New math
adoption,
and the
Common
Core.

6. Develop and

Metric:
district
suspension
rates, district
attendance
rates, School
Site Safety
Plans
Compliance
Need: Reduce
the number of
student
suspensions.
Increase
academic

7. Create a

All

implement a
comprehensiv
e professional
development
plan.

All Schools
K‐12

6% Teachers with
Kagan Training

Increase
1%

Increase
1%

Increase
2%

100% Teachers
trained in Common
Core

100%
Teachers
trained in
Common
Core

100%
Teachers
trained in
Common
Core

100% Teachers
trained in
Common Core

Pilot
teachers
Only

25%

35%

st

0% Trained in 21
Century classroom
technology

Student
Achievement

Student
Engagement
O% Trained in New
Math Adoption

positive
school climate
by
maintaining a
safe
environment
and
developing a
sense of
belonging for
all staff and
students.

All

All schools,
K‐12

Adoption
Process

100%
Elementary
teachers and
secondary
math
teachers

100%
Implementation
,
training as
needed
Implementation
of the Common
Core

3.3% District
Suspension Rate,

3%
Suspension
rate

2.75%
Suspension
rate

2.5%
Suspension rate

School Climate

Safety Plan
Compliance

100%
Compliance
Add 1 Nurse

100%
Compliance
Add 1 Nurse

100%
Compliance
Add 1 Nurse

Student
Achievement

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counseling
and health
services for
students.
Metric:
Classroom
Technology
Survey‐
teachers,
Device to
student ratio,

8. Provide all
students
access to
technology in
the classroom.

All students
& staff

All schools
K‐12

Bond Project
Completion
data
Need:
Increase
access to
technology in
the classroom.
Increase
wireless
access
Metric(s):
Bond project
completion
reports,
Williams
Compliance
reports,
Facilities
Inspection
Tools (FIT)
Need: To
maintain fully
operational &
safe facilities
for all
students, staff
& community

Technology Master
Plan

In
Development

Computer
Refresh Plan

25%

25%

25%

Wireless
Implementation
Plan

75%

100%

Maintain
Network

As
completed

As
completed

As
completed

Bond Project
Completion data

9. Provide a safe
and efficient
learning
environment
for all
students

All students
& staff

All Schools
K‐12

Bond project
completion reports

Basic Services
Williams Compliance
reports

100%
Compliance

100%
Compliance

100%
Compliance
School Climate

Facilities Inspection
Tools (FIT)

100%
Compliance

100%
Compliance

Bond First Issuance
Expenditures

100%
Compliance
100%

29 of 331

Student
Achievement

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Section 3: Actions, Services, and Expenditures
For school districts, Education Code sections 52060 and 52061, for county offices of education, Education Code sections 52066 and 52067, and for
charter schools, Education Code section 47606.5 require the LCAP to include a description of the specific actions an LEA will take to meet the
goals identified. Additionally Education Code section 52604 requires a listing and description of the expenditures required to implement the
specific actions.
Instructions: Identify annual actions to be performed to meet the goals described in Section 2, and describe expenditures to implement each
action, and where these expenditures can be found in the LEA’s budget. Actions may describe a group of services that are implemented to
achieve identified goals. The actions and expenditures must reflect details within a goal for the specific subgroups identified in Education Code
section 52052, including pupils with disabilities, and for specific school sites as applicable. In describing the actions and expenditures that will
serve low‐income, English learner, and/or foster youth pupils as defined in Education Code section 42238.01, the LEA must identify whether
supplemental and concentration funds are used in a districtwide, schoolwide, countywide, or charterwide manner. In the annual update, the
LEA must describe any changes to actions as a result of a review of progress. The LEA must reference all fund sources used to support actions
and services. Expenditures must be classified using the California School Accounting Manual as required by Education Code sections 52061,
52067, and 47606.5.
Guiding Questions:
1) What actions/services will be provided to all pupils, to subgroups of pupils identified pursuant to Education Code section 52052, to
specific school sites, to English learners, to low‐income pupils, and/or to foster youth to achieve goals identified in the LCAP?
2) How do these actions/services link to identified goals and performance indicators?
3) What expenditures support changes to actions/services as a result of the goal identified? Where can these expenditures be found in the
LEA’s budget?
4) In the annual update, how have the actions/services addressed the needs of all pupils and did the provisions of those services result in
the desired outcomes?
5) In the annual update, how have the actions/services addressed the needs of all subgroups of pupils identified pursuant to Education
Code section 52052, including, but not limited to, English learners, low‐income pupils, and foster youth; and did the provision of those
actions/services result in the desired outcomes?
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Attachment 3
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Goal
(Include and identify
all goals from Section
2)

Related
State and
Local
Priorities

Level of
Service
Actions and Services

(from Section 2)

1. Increase
academic
achievement in
English and math
for all students

Student
Achievement,
Student
engagement,
Implementatio
n of the
Common Core
State
Standards

Full time curriculum specialists for
all elementary schools‐
Supplemental Grant
 Manage and supervise RTI
program
 Manage site EL programs
 Manage site assessments
 Organize and conduct
professional development
 Analyze data and review
with staff
 Demonstrate lessons
 Provide direct intervention
services
Provide online learning for High
School‐ Base Grant
 Initial credit and credit
recovery in periods 0 and 7
through Apex and Plato.
 Independent Learning
Academy
Maintain current ratio of Library
Assistants‐ Supplemental Grant
 Check out books
 Stock and weed collections
 Manage information
systems

(Indicate
if school‐
wide or
LEA‐wide)

K‐5

Annual
Update:
Review of
actions/
services

What actions are performed or services provided in each
year (and are projected to be provided in years 2 and 3)?
What are the anticipated expenditures for each action
(including funding source)?
LCAP Year
Year 2: 2015‐16
Year 3: 2016‐17
Year 1: 2014‐15
800K
800K
800K (Supplemental
(Supplemental
(Supplemental
Grant)
Grant)
Grant)

168K (Base Grant)

93K (Base Grant)

95K (Base Grant)

289K (Supplemental
Grant)

289K
(Supplemental
Grant)

289K
(Supplemental
Grant)

9‐12

K‐5

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Attachment 3
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

Manage school‐wide
Accelerated Reader Program
 Provide direct services to
classes
 Provide after school access
to
 the library
Provide professional development
to all GATE , Honors, Advanced
Placement –Base Grant
 Teachers will attend
conferences
 Hire Consultants
 Curriculum specialists as
trainers
 GATE conference
 Release time for
professional development
 Provide training for site
principals
 Training for all staff in socio‐
emotional development of
gifted students
 Provide pull out‐ events for
elementary and middle
school students
Continue to provide professional
development to all teachers in the
Common Core State Standards
(CCSS)‐Common Core funds
 Hire consultants
 Provide release time for
teachers to develop

K‐12

30K (prof dev – CCSS
funds)
800K (Curriculum
Specialist from
above)

K‐12

115K (CCSS funds)

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‐‐‐‐
800K (Curriculum
Specialist from
above)

115K (CCSS
funds)

30K (prof dev –
CCSS funds)
800K (Curriculum
Specialist from
above)

75K (CCSS funds)

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Attachment 3
Page 19 of 47

instructional materials for
assessments
 Provide professional
development opportunities
in the summer
Provide Professional Development
to all teachers in differentiation of
instruction, collaboration, and
instructional technology
K‐12
 Teacher on special
assignment (TOSA) for
Instructional Technology
 Training in differentiated
instruction
 Training in Engagement
strategies
 Training in Common Core
 Training in writing programs
 Training in Universal Design
for Learning (UDL)
Provide Response to Intervention
for mathematics, K‐8‐ Supplemental
Grant
 Before and after school
tutoring
3 days per week , K‐5
 Provide additional classes
K‐8
for math intervention in
grades 6‐8
Provide Response to intervention for
ELA, K‐5‐ Supplemental Grant
 Direct intervention to
students at skill level

176K (Base Grant)

107K (Base
Grant)

137K (Base
Grant)

320K (Supplemental
Grant)

320K
(Supplemental
Grant)

320K
(Supplemental
Grant)

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



2. Increase
academic
achievement in
English and math
for targeted
subgroups.

Student
Achievement,
Implementation
of CC Standards,
Student
Engagement

provided by certificated
classroom and intervention
teachers using research‐
based materials
Utilize full‐time curriculum
specialists to provide direct
support to students and
manage the program
Utilize part‐time
intervention teachers to
provide direct support to
students

Full time curriculum specialists for
all elementary schools‐
Supplemental Grant
 Manage and supervise RTI
program
 Manage site EL programs

K‐5

K‐5

$1.1 million ($800K
for Curriculum
Specialist and $300K
for part‐time
Intervention teachers
– Supplemental
Grant)

$1.1 million
($800K for
Curriculum
Specialist and
$300K for part‐
time Intervention
teachers –
Supplemental
Grant)

$1.1 million
($800K for
Curriculum
Specialist and
$300K for part‐
time Intervention
teachers –
Supplemental
Grant)

800K (Curriculum
Specialist from above
– Supplemental
Grant)

800K (Curriculum
Specialist from
above –
Supplemental
Grant)

800K (Curriculum
Specialist from
above –
Supplemental
Grant)

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


Manage site assessments
Organize and conduct
professional development
 Analyze data and review
with staff
 Demonstrate lessons
 Provide direct intervention
services
 Provide analysis of
assessment data in ELA and
mathematics
 Orchestrate the intervention
programs for ELs
 Supervise EL instructional
assistants and support staff.
Maintain current ratio of Library
Assistants‐ Supplemental Grant
 Check out books
 Stock and weed collections
 Manage information
systems
 Manage school‐wide
Accelerated Reader Program
 Provide direct services to
classes
 Provide after school access
to the library
 Provide access to library
services and materials
throughout the day
 Provide library orientation
Provide Response to Intervention

K‐5

289K (Library
Assistants from
above –
Supplemental Grant)

289K (Library
Assistants from
above –
Supplemental
Grant)

289K (Library
Assistants from
above –
Supplemental
Grant)

320K (from above ‐
Supplemental Grant)

320K (from
above ‐
Supplemental

320K (from
above ‐
Supplemental

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Attachment 3
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for mathematics, K‐8‐ Supplemental
Grant
K‐8
 Before and after school
tutoring
3 days per week , K‐5
Provide additional classes
for math intervention in
grades 6‐8
Provide Response to intervention for
ELA, K‐5‐ Supplemental Grant
 Direct intervention to
K‐5
students at skill level
provided by certificated
classroom and intervention
teachers using research‐
based materials
 Utilize full‐time curriculum
specialists to provide direct
support to students and
manage the program
 Utilize part‐time
intervention teachers to
provide direct support to
students
Provide opportunities for extended
school year instruction during the
summer for ELs at the elementary
level.
3‐5
 Teacher to provide direct
services to EL students
during the summer.
 Instruction in reading,
writing, and listening skills
necessary for EL success in

Grant

Grant

$1.1 million ($800K
for Curriculum
Specialist and $300K
for part‐time
Intervention teachers
– Supplemental
Grant)

$1.1 million
($800K for
Curriculum
Specialist and
$300K for part‐
time Intervention
teachers –
Supplemental
Grant)

$1.1 million
($800K for
Curriculum
Specialist and
$300K for part‐
time Intervention
teachers –
Supplemental
Grant)

17K (Base Grant)

17K (Base Grant)

17K (Base Grant)

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Attachment 3
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

3. Align all
instruction to the
Common Core
State Standards

Implementation
of the Common
Core Standards

language arts at the next
grade level
Increase the number of EL
students who are
redesignated

Provide professional development
to all GATE , Honors, Advanced
Placement –Base Grant
 Teachers will attend
conferences
 Hire Consultants
 Curriculum specialists as
trainers
 GATE conference
 Release time for
professional development
 Provide training for site
principals
 Training for all staff in socio‐
emotional development of
gifted students
 Provide pull out‐ events for
elementary and middle
school students

K‐12

30K (prof dev – CCSS
funds)

‐‐‐‐

30K (prof dev –
CCSS funds)

800K (Curriculum
Specialist from
above)

800K (Curriculum
Specialist from
above)

800K (Curriculum
Specialist from
above)

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Continue to provide professional
development to all teachers in the
Common Core State Standards
(CCSS)‐Common Core funds
 Hire consultants
 Provide release time for
teachers to develop
instructional materials for
assessments
 Provide professional
development opportunities
in the summer
Provide Professional Development
to all teachers in differentiation of
instruction, collaboration, and
instructional technology
 Teacher on special
assignment (TOSA) for
Instructional Technology
 Training in differentiated
instruction
 Training in Engagement
strategies
 Training in Common Core
 Training in writing programs
 Training in Universal Design
for Learning (UDL)
Develop common assessments and
pacing guides that are aligned to
Common Core State Standards
 Release time for teachers
Provide opportunities for parents to
learn about Common Core State

K‐12

K‐12

K‐12

25K (CCSS funds)

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20K (CCSS funds)

20K (CCSS funds)

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Attachment 3
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Standards
 Parent education programs
 Back‐to‐School night
presentations
 Evening presentations to
parents
Provide professional development
on incorporating the arts into
Common Core State Standards
 Continue to provide training
of arts integration into
Common Core lessons
Teach students keyboarding skills
 Purchase technology
software
 Purchase technology
hardware
Improve the quality of the District
website to provide more
information for parents and the
community
 District staff will continue to
expand and update
information regarding
District goals
 Train District staff to fully
utilize all components of the
District website

K‐12
5K (Title 1 funds)

5K (Title 1 funds)

5K (Title 1 funds)

K‐12

20K (grants)

20K (grants)

20K (grants)

K‐5

136K (Bond funds)

K‐12

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‐‐‐‐

‐‐‐‐

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Attachment 3
Page 26 of 47

4. Increase access
to arts and music
education K‐12

5. Develop and
implement a
comprehensive
Guidance Plan to
prepare students
for college and/or

Student
engagement,
students
achievement,
school
climate
course access

Implementation
of Common
Core Standards,
Student
achievement ,
student
engagement,
other student

Hire additional elementary music
teachers
 Weekly music instruction for
students
 Increase instructional
minutes in music instruction
for students
 Implement components of
the District Arts for All Plan.
 Strengthen secondary music
programs by providing
music instruction at the
elementary level
Provide additional funding to school
site budgets for instrument repair
and instrument replacement
 Repair or replace damaged
or worn instruments
Provide additional funding to
secondary arts teachers for supplies
and materials
 Increase available arts
supplies and materials for
students
 Replace damaged or worn
arts supplies or materials

K‐5

Add high school counselors upon
completion of the comprehensive
Guidance Plan
 Meet with students, review
progress report grades, and
refer to appropriate

9‐12

160K (Base Grant)

6‐12

160K (Base
Grant)

240K (Base
Grant)

25K (Base Grant)

25K (Base Grant)

14K (Base Grant)

14K (Base Grant)

160K
(Supplemental
Grant)

240K
(Supplemental
Grant)

25K (Base Grant)

14K (Base Grant)

‐‐‐‐

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Attachment 3
Page 27 of 47

career readiness

outcome,
Course access















interventions as needed
Conduct individual
interviews with students to
review courses, schedules,
graduation requirements,
and college and career goals
Increase the number of ELs
who are redesignated
Provide academic guidance
to ELs and students who are
not on track to complete
graduation requirements
Increase graduation rates
for EL students
Increase the number of
students who complete UC
a‐g requirements
Reduce the number of
students receiving Ds and/or
Fs
Conduct post‐secondary
orientation for all grade 11
students
Host parent education
events
to inform parents about
financial aid at the college
level
Host 9th grade orientation
events
Provide students with
information about accessing
career and technical

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Page 28 of 47

education courses and
work‐based learning
opportunities and career
pathways
Add middle school counselors upon
completion of the comprehensive
Guidance Plan
 Provide parents and
students with information
about high school
graduation requirements
and UC a‐g course
requirements
 Review progress grades and
refer students to
appropriate interventions
 Increase the number of ELs
who are redesignated
 Reduce the number of
students receiving Ds and/or
Fs
 Host transition events for
parents and students
regarding articulation to
middle and high school
Provide world language courses at
the middle school
 Add Spanish 1 classes at
each middle school
 Provide students with one
year completion to meet UC
a‐g requirements related to
world language

6‐8

6‐8

‐‐‐‐

120K (Base Grant)

42 of 331

240K
(Supplemental
Grant)

240K
(Supplemental
Grant)

120K (Base
Grant)

120K (Base
Grant)

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Attachment 3
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

Allow students to continue
world language instruction
upon entering high school
Provide parent training and support
to better understand UC a‐g
requirements
 Conduct middle school and
high school academic
planning meetings
 9th grade orientation
 College planning parent
night
 Financial aid parent night
 Include UC a‐g requirements
on District websites and
school websites
 Include UC a‐g requirements
in students handbooks
Provide online learning for High
School‐ Base Grant
 Initial credit and credit
recovery in periods 0 and 7
through Apex and Plato.
 Independent Learning
Academy

6. Develop and
Implement a
Comprehensive

Student
Achievement,
Implementation
of the Common

Provide professional development
to all GATE , Honors, Advanced
Placement –Base Grant

6‐12

9‐12

168K (Base Grant
from above)

K‐12

30K (prof dev – CCSS
funds)

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93K (Base Grant
from above)

95K (Base Grant
from above)

‐‐‐‐

30K (prof dev –
CCSS funds)

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Attachment 3
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professional
development plan

Core State
Standards,
Student
Engagement,
Basic Services



Teachers will attend
conferences
 Hire Consultants
 Curriculum specialists as
trainers
 GATE conference
 Release time for
professional development
 Provide training for site
principals
 Training for all staff in socio‐
emotional development of
gifted students
 Provide pull out‐ events for
elementary and middle
school students
Continue to provide professional
development to all teachers in the
Common Core State Standards
(CCSS)‐Common Core funds
 Hire consultants
 Provide release time for
teachers to develop
instructional materials for
assessments
 Provide professional
development opportunities
in the summer
Provide Professional Development
to all teachers in differentiation of
instruction, collaboration, and
instructional technology
 Teacher on special

800K (Curriculum
Specialist from
above)

K‐12

K‐12

44 of 331

800K (Curriculum
Specialist from
above)

800K (Curriculum
Specialist from
above)

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Attachment 3
Page 31 of 47

assignment (TOSA) for
Instructional Technology
 Training in differentiated
instruction
 Training in Engagement
strategies
 Training in Common Core
 Training in writing programs
 Training in Universal Design
for Learning (UDL)
Full time curriculum specialists for
all elementary schools‐
Supplemental Grant
 Organize and conduct
professional development
 Analyze data and review
with staff
 Demonstrate lessons
Provide professional development
on incorporating the arts into
Common Core State Standards
 Continue to provide training
of arts integration into
Common Core lessons

7. Create a
positive school
climate by
maintaining a safe

Student
climate,
Student
achievement

Add credentialed school nurses
 Increase health services for
all students
 Verify immunization

K‐5

800K (Curriculum
Specialist from
above)

800K (Curriculum
Specialist from
above)

800K (Curriculum
Specialist from
above)

K‐12

20K (grants from
above)

20K (grants from
above)

20K (grants from
above)

K‐12

80K (Base Grant)

160K (Base
Grant)

240K (Base
Grant)

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environment and
developing a
sense of belonging
for all students
and staff

requirements
 Prevent and control
communicable diseases
 Refer students for needed
health services
 Provide emergency care for
illness or injury
 Assess student injuries
 Review growth and
development materials at
parent night
 Improve attendance
through health promotion
and disease prevention and
management
 Provide family support
during SARB meetings to
assist with student
attendance
 Work with families and
school sites on absentee
issues
 Conduct health screenings
 Train and supervise school
staff to assist staff with
health conditions
Increase behaviorist time at school
sites
 Provide training and
coaching to teachers and
site staff on handling
students who exhibit severe
behavior problems

60K (Base Grant)
K‐12

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60K (Base Grant)

60K (Base Grant)

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Attachment 3
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


Provide in depth analysis of
antecedents, behaviors, and
consequences
Consult with parents and
District staff to develop
behavior support plans and
provide direct support to
students

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8. Provide all
students access to
technology in the
classroom.

Basic
Services,
Student
Achievement
Student
Engagement

Provide students access to
technology in the classroom.
 Develop and implement a
comprehensive Technology
Master Plan
 Refresh all the computers in the
District‐ Bond money











Update District Data Center to
support increased demand for
technology‐ Bond money
Build the wireless network‐
Bond money

Build the wired network‐ Bond
money
Implement 21st century
classroom technology in the
classrooms‐ Bond money

K‐12

Develop – no cost

Refresh
Elementary Schools
255K
Refresh
High Schools
253K
Update Data Center
2086K
Elementary wireless
509K
Middle School
wireless 199K
High School wireless
37K

Elementary 1429K
Middle Schools
1287K
High Schools 1422K
Other 533K

Continue Refresh
Elementary
150K
Refresh Middle
Schools
566K

Elementary
wireless
continued
125K
Middle School
wireless 113K
High School
Wireless 378K
Other wireless
189K

Add 1
Instructional
TOSA‐ 80K

None

Increase number of support
staff in instructional technology
–base grant

None

Add 1 technician
65K

Increase number of technicians‐

5K

20K
48 of 331

Continue Refresh
Elementary
439K
Continue Refresh
High Schools
492K

Add 1
Instructional
TOSA – 80K
Add 1 technician
65K

lcff-jan14item01
Attachment 3
Page 35 of 47

9.Provide a safe
and efficient
learning
environment for
all students

Basic Services,
Student
Achievement,
Student
Engagement

Replace or repair district facilities.
 Install both new and
replacement HVAC systems at
all schools



Jordan 500K
Luther 650K
Muir 500K
Horace Mann 153K
Burroughs 305 K

Jordan 287K
Emerson 262K
Muir 360K
Miller 564 K
Washington 500K

Bret Harte 400K
Jefferson 436K

Horace Mann 244K

Emerson 244K
Miller 244K
Washington244K
Jordan 488K

Bret Harte 244K
Jefferson 366K

Upgrade plumbing lines
Horace Mann 25K



Install recycled irrigation
systems



Repair and replace roofs to
address safety concerns



Replace playground equipment

Bret Harte 22K
Jefferson 29K

Horace Mann 30K

Disney 140K
McKinley 238K
Edison 238K
Jefferson 238K
Providencia 175K

Stevenson 238K
Bret Harte 238K
Edison 238K
Jefferson 238K

Emerson 244K
Washington
1220K
Roosevelt 1281K



Replace existing portables with
permanent classrooms or new
portables

Jefferson 214K
49 of 331

Jordan 457K

Bret Harte 3050K
Jefferson 1830K

lcff-jan14item01
Attachment 3
Page 36 of 47



Repair and replace asphalt to
address safety concerns



Replace fencing to address
security issues



Install energy management
system



Horace Mann 274K
Emerson 120K
Miller 12K

Emerson 216K

Horace Mann 54K
Emerson 78K
Jordan 85K

Miller 61K
Burroughs 61K

Jordan 120K
Luther 183K
Muir 120K
Horace Mann 103K
Burroughs 183K

Jordan 63K
Muir 63K
Emerson 183K
Miller 183K
Washington 183K

Horace Mann 12K

Emerson 12K
Miller 12K
Washington 12K
Jordan 12K

Horace Mann 92K
Upgrade emergency
communications system &
master clocks

Emerson 92K
Miller 92K
Washington 92K
Jordan 122K

Stevenson 214K
Bret Harte 413K

Bret Harte 65K
Edison 48K
Jefferson 81K

Bret Harte 12K
Jefferson 12K

Bret Harte 92K
Jefferson 92K

Horace Mann 9K





Update fire alarms

Horace Mann 31K

Upgrade lighting and LED
retrofit
50 of 331

Emerson 61K
Miller 92K
Washington 61K
Jordan 92K

Bret Harte 61K
Jefferson 134K

lcff-jan14item01
Attachment 3
Page 37 of 47



Goal
(Include and
identify all
goals from
Section 2, if
applicable)

Increase
academic
achievem
ent in
English
and math
for low
income
pupils

Related
State and
Local
Priorities
(from Section
2)
Student
Achievement,
Student
engagement,
Implementatio
n of the
Common Core
State
Standards

Replace doors and hardware to
address safety concerns

Level of
Service
Actions and Services

(Indicate
if school‐
wide or
LEA‐wide)

Annual
Update:
Review
of
actions/
services

What actions are performed or services provided in each year (and are
projected to be provided in years 2 and 3)? What are the anticipated
expenditures for each action (including funding source)?

LCAP Year
Year 1: 2014‐15

Year 2: 2015‐16

Year 3: 2016‐17

800K (Supplemental
Grant as mentioned
above)

800K (Supplemental
Grant as mentioned
above)

800K (Supplemental
Grant as mentioned
above)

For low income pupils:
Full time curriculum
specialists for all
elementary schools‐
Supplemental Grant
 Manage and
supervise RTI
program
 Manage site
assessments
 Organize and
conduct
professional

K‐5

51 of 331

lcff-jan14item01
Attachment 3
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development
 Analyze data and
review with staff
 Demonstrate
lessons
 Provide direct
intervention
services
Provide online learning for
High School‐ Base Grant
 Initial credit and
credit recovery in
periods 0 and 7
through Apex and
Plato.
 Independent
Learning Academy
Maintain current ratio of
Library Assistants‐
Supplemental Grant
 Check out books
 Stock and weed
collections
 Manage
information
systems
 Manage school‐
wide Accelerated
Reader Program
 Provide direct
services to classes
 Provide after
school access to

9‐12
93K (Base Grant)

95K (Base Grant)

289K (Library
Assistants as
mentioned above‐
Supplemental Grant)

289K (Library
Assistants as
mentioned above‐
Supplemental Grant)

168K (Base Grant)

K‐5
289K (Library Assistants
as mentioned above ‐
Supplemental Grant)

52 of 331

lcff-jan14item01
Attachment 3
Page 39 of 47

 the library
Provide Response to
Intervention for
mathematics, K‐8‐
Supplemental Grant
 Before and after
school tutoring
3 days per week,
K‐5
 Provide additional
classes for math
intervention in
grades 6‐8
Provide Response to
intervention for ELA, K‐5‐
Supplemental Grant
 Direct
intervention to
students at skill
level provided by
certificated
classroom and
intervention
teachers using
research‐based
materials
 Utilize full‐time
curriculum
specialists to
provide direct
support to
students and
manage the
program

K‐5

K‐5
$1.1 million ($800K for
Curriculum Specialist
and $300K for part‐time
Intervention teachers –
Supplemental Grant)

$1.1 million ($800K
for Curriculum
Specialist and $300K
for part‐time
Intervention teachers
– Supplemental
Grant)

53 of 331

$1.1 million ($800K
for Curriculum
Specialist and $300K
for part‐time
Intervention teachers
– Supplemental
Grant)

lcff-jan14item01
Attachment 3
Page 40 of 47



Utilize part‐time
intervention
teachers to
provide direct
support to
students
Add credentialed school
nurses
 Increase health
services for all
students
 Verify
immunization
requirements
 Prevent and
control
communicable
diseases
 Refer students for
needed health
services
 Provide
emergency care
for illness or injury
 Assess student
injuries
 Review growth
and development
materials at
parent night
 Improve
attendance
through health

K‐12
160K (Base Grant
from above)
80K (Base Grant from
above)

54 of 331

240K (Base Grant
from above)

lcff-jan14item01
Attachment 3
Page 41 of 47








Address
the
academic
and socio‐

Student
Achievement,
Student
engagement,

promotion and
disease
prevention and
management
Provide family
support during
SARB meetings to
assist with student
attendance
Work with
families and
school sites on
absentee issues
Conduct health
screenings
Train and
supervise school
staff to assist staff
with health
conditions

For English learners:
Implementation of Master
Plan for English Learners:

K‐12

55 of 331

lcff-jan14item01
Attachment 3
Page 42 of 47

emotional
needs of
English
Learners

Implementati
on of the
Common
Core State
Standards



Group instruction
in ELD provided by
a credentialed
teacher (20
minutes per day
for T‐K and
Kindergarten; 30
minutes per day
for grades 1‐5; 1
full period per day
for grades 6‐12).
 Additional support
to ELs scoring at
the beginning
through
intermediate
levels on CELDT
provided by an
instructional
assistant.
Provide opportunities for
extended school year
instruction during the
summer for ELs at the
elementary level.
 Teacher to
provide direct
services to EL
students during
the summer.
 Instruction in
reading, writing,
and listening skills
necessary for EL

3‐5

375K (Instructional
Assistants –Base
Grant)

375K (Instructional
Assistants – Base
Grant)

375K (Instructional
Assistants – Base
Grant)

17K (Base Grant as
mentioned above)

17K (Base Grant as
mentioned above)

17K (Base Grant as
mentioned above)

56 of 331

lcff-jan14item01
Attachment 3
Page 43 of 47

Address
the
academic
and socio‐
emotional
needs of
foster
youth

Student
Achievement,
Student
engagement,
Implementati
on of the
Common
Core State
Standards

success in
language arts at
the next grade
level
 Increase the
number of EL
students who are
redesignated
For foster youth:
Provide additional
academic and socio‐
emotional guidance and
support
 AB 216 for high
school students
 4‐year plans for
high school
students
 Career and college
planning
 Provide
scholarship and
financial aid
information
 Provide info to
college pathways
and career and
technical
education
 Locate school
records and notify
school officials of

K‐12

57 of 331

lcff-jan14item01
Attachment 3
Page 44 of 47









academic standing
and ability
Provide referrals
to counseling
agencies (in‐home
counseling
included)
Assist with
placement at
school sites
Student Study
Team approach to
meet the needs of
foster youth
Free and Reduced
Meal Plan
Assist with
transportation to
and from school

Additional tutoring
services and library
resources
 Referrals for
tutoring services
within the
community
 Free online
tutoring through
Burbank Public
Library
Referrals to Ombudsman

58 of 331

lcff-jan14item01
Attachment 3
Page 45 of 47



Address
the
academic
and socio‐
emotional
needs of
redesignat
ed fluent
English
proficient
pupils

Student
Achievement,
Student
engagement,
Implementati
on of the
Common
Core State
Standards

State advocate
program for
guidance and
support to ensure
compliance for
foster youth
For redesignated fluent
English proficient pupils:
Implementation of Master
Plan for English Learners:
 Students are
monitored for 2
years after
redesignation
 Site EL staff
monitors student
progress
(Curriculum
Specialist at elem
level and ELD
Coordinators at
secondary, 6‐12)
 Site EL staff meets
with classroom
teachers to
provide academic
interventions and
suggestions for
student
achievement.

K‐12

120K (ELD
Coordinators at
secondary level‐Base
Grant)
800K (Curriculum
Specialist as
mentioned above‐
Supplemental Grant)

120K (ELD
Coordinators at
secondary level‐
Base Grant)

120K (ELD
Coordinators at
secondary level‐
Base Grant)

800K (Curriculum
Specialist as
mentioned above‐
Supplemental
Grant)

800K (Curriculum
Specialist as
mentioned above‐
Supplemental
Grant)

59 of 331

lcff-jan14item01
Attachment 3
Page 46 of 47

A. Describe the LEA’s increase in funds in the LCAP year calculated on the basis of the number and concentration of low income, foster
youth, and English learner pupils as determined pursuant to 5 CCR 15496(a)(5). Describe how the LEA is expending these funds in the
LCAP year. Include a description of, and justification for, the use of any funds in a districtwide, schoolwide, countywide, or charterwide
manner as specified in 5 CCR 15496. For school districts with below 55 percent of enrollment of unduplicated pupils in the district or
below 40 percent of enrollment of unduplicated pupils at a school site in the LCAP year, when using supplemental and concentration
funds in a districtwide or schoolwide manner, the school district must additionally describe how the services provided are the most
effective use of funds to meet the district’s goals for unduplicated pupils in the state priority areas. (See 5 CCR 15496(b) for guidance.)
BUSD does not qualify for Concentration Grant funding. BUSD did receive Supplemental Grant funding in 2013‐204 and is expected to receive
Supplemental Grant funding until the end of the 2017 academic year as projected. The BUSD Supplemental Grant funding will benefit low
income students, foster youth, and English learners as well as all BUSD students. The BUSD LCAP Advisory Group determined that maintaining
and providing additional human resources to the targeted population is the most effective use of the Supplemental Grant funding. A projected
budget of $2 million was identified to provide additional services and resources to support the targeted student populations. The Supplemental
Grant funding will be used to maintain Curriculum Specialist at all elementary schools and support intervention in ELA at the elementary level.
Academic intervention in mathematics at the elementary level will also be established using Supplemental Grant dollars. The Supplemental
Grant funding will also restore library assistants at all elementary schools and increase the number of academic counselors at all three middle
schools and two comprehensive high schools. The additional counselors will provide direct support to targeted student populations. In addition,
the ELA and math intervention programs will provide direct academic support to the targeted student population in those core subject areas. A
detailed budget of BUSD expenditures has been submitted with the LCAP.

B. Consistent with the requirements of 5 CCR 15496, demonstrate how the services provided in the LCAP year for low income pupils, foster
youth, and English learners provide for increased or improved services for these pupils in proportion to the increase in funding provided
for such pupils in that year as calculated pursuant to 5 CCR 15496(a)(7). Identify the percentage by which services for unduplicated
60 of 331

lcff-jan14item01
Attachment 3
Page 47 of 47

pupils must be increased or improved as compared to the services provided to all pupils in the LCAP year as calculated pursuant to 5 CCR
15496(a). An LEA shall describe how the proportionality percentage is met using a quantitative and/or qualitative description of the
increased and/or improved services for unduplicated pupils as compared to the services provided to all pupils.
All goals, actions, and services contained in the LCAP will benefit the targeted student populations. Some services will be more direct than
others. BUSD dedicated approximately $1 million annually for the next three years towards supporting unduplicated low income pupils, foster
youth, and English learners. That is half of the projected amount that BUSD is expecting to receive over the next three years. Response to
Intervention programs in ELA and math are estimated to cost $500K per year and the addition of academic counselors at the secondary level is
estimated to cost $500K as well. The additional $1million of the Supplemental Grant that is being spent will go to support the targeted student
populations as well as all students attending BUSD schools.

NOTE: Authority cited: Sections 42238.07 and 52064, Education Code. Reference: Sections 2574, 2575, 42238.01,
42238.02, 42238.03, 42238.07, 47605, 47605.5, 47606.5, 48926, 52052, 52060-52077, and 64001, Education Code; 20
U.S.C. Section 6312.

1-03-14 [California Department of Education]

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Burbank Unified School District
Facilities Services
REPORT TO THE BOARD
TO:

Members of the Board of Education

FROM:

David Jaynes, Assistant Superintendent, Administrative Services

PREPARED BY:

Charles Poovakan, Director, Information Technology

SUBMITTED BY:

Lourdes Moya, Administrative Secretary

DATE:

May 15, 2015

SUBJECT:

Approval of Reallocation in Funding for E-Rate Project Year 14 from Fund 40 to Bond
Funds

Background:
The District participates in the Federal E-Rate program requiring yearly submissions for discounts. In March of
2011, the District applied for E-Rate funding for year 2014 and the program has currently approved and funded
John Muir Middle School with $1,310,836 and Burbank High School with $2,633,252 for Technology
Infrastructure upgrades.
District Wide Goals for 2013-2014:
7.1
Increase opportunities for effective use of instructional technology.
7.5
Improve District-wide infrastructure for internet and technology-based communication
76.
Implement G.O. Bond project list according to timeline.
Discussion/Issues:
Staff would like to take advantage of available E-Rate funds and move forward with upgrading our school’s
technology infrastructure. Some of the projects E-Rate approved include campus wide wireless, new cabling
systems, new telephone systems, and new network equipment. The E-Rate funding approved for these projects
at John Muir Middle School and Burbank High School were originally approved for Fund 40. The District
recommends that the funding be allocated into the Bond Funds instead.
The District’s portion of the costs is as follows for Burbank High School and John Muir Middle School
respectfully:
 10 percent costs: $263,325 and 131,084; Total $394,409
 E-Rate ineligible costs:
o 15 percent of the Pole Vault System: $71,427 and $42,207; Total $113,634
o Telephone handsets: $21,000 and $14,000; Total $35,000
 Total Funding Request: $543,042
Fiscal Impact:
Funds received from E-Rate year 14 will be re-allocated to the Bond fund. The fiscal impact is $543,042, based
on E-Rate discounts and pricing from contracts approved on March 21, 2011 from formal bid 0910-021,
Technology Products, Installation and Related Services for projects at John Muir Middle School and Burbank
High School.
Recommendation:
David Jaynes, Assistant Superintendent, Administrative Services recommends that the Board of Education
approve the reallocation of the E-Rate Year 14 Projects from Fund 40 to Bond Funds, for John Muir Middle
School (Bond Fund 21.0-93014.0-00000-85000-6230-320000) and Burbank High School (Bond Fund 21.093015.0-00000-85000-6230-4310000), as presented.
62 of 331

Burbank Unified School District
Technology Services
REPORT TO THE BOARD
TO:

Members of the Board of Education

FROM:

David Jaynes, Assistant Superintendent, Administrative Services

PREPARED BY:

Charles Poovakan, Director, Information Technology and Educational Support

SUBMITTED BY:

Lourdes Moya, Administrative Secretary

DATE:

May 15, 2014

SUBJECT:

Approval to Increase Funds for New Data Center at the District Service Center
(Bond Funds)
_____________________________________________________________________________________
Background:
The Board of Education approved the construction of a new data center and Technology Services department
offices and workspace on September 5, 2013. Architectural services by Adolph Ziemba, Inc. were also
Board approved.
District-Wide Goals for 2013-2014:
7.1
Increase opportunities for effective use of instructional technology.
7.5
Improve District-wide infrastructure for internet and technology-based communication
76.
Implement G.O. Bond project list according to timeline.
Discussion/Issues:
The Technology and Facilities departments have been working with Adolph Ziemba Inc. in the planning of
the new data center, Technology Services department offices, and workspace. The conceptual layout of the
technicians work area, Technology Services department floor plan, and the conceptual layout of the data
center, along with current estimates were presented at the May 1, 2014 Board meeting. Improvement and
code requirement estimates have increased.
Fiscal Impact:
The estimated cost of the new data center is $1,535,636. Funds would come from:
1. Bond Funds already allocated-$750,000,
2. Fund 40.0 for the generator-$200,000,
3. Fund 40.0 for the site upgrades for ADA work-$200,000; and
4. Bond funds allocated for the Washington Elementary chiller purchase of $110,000 and the Jordan
Middle School HVAC purchase of $275,636 will be reallocated to the Data Center
 Deferred Maintenance funds 14.0-00000.0-00000-81000-6410-3210000 and 14.0-00000.000000-81000-6410-2160000, respectively, will be used to pay for the Washington Elementary
chiller purchase of $110,000 and the Jordan Middle School HVAC purchase of $275,636 so that
these Bond funds can be reallocated to the data center construction fund.
Recommendation:
David Jaynes, Assistant Superintendent, Administrative Services, recommends that the Board of Education
approve the increase in construction cost of a new data center, Technology Services Department Offices and
workspace located at the District Service Center, not to exceed $1,535,636 total, as follows: $1,135,636
(Bond Fund 21.0-93030.0-85000-6249-7730000); $200,000 (Special Reserve Fund 40.0-00000.0-0000081000-6410-7730000); and $200,000 (Special Reserve Fund 40.0-00000.0-00000-85000-6230-7730000), as
presented.
63 of 331

Burbank Unified School District
Technology Services
REPORT TO THE BOARD

TO:

Members of the Board of Education

FROM:

David Jaynes, Assistant Superintendent, Administrative Services

PREPARED BY:

Charles Poovakan, Director, Information Technology

SUBMITTED BY:

Lourdes Moya, Administrative Secretary

DATE:

May 15, 2014

SUBJECT:

Approval of Award of Contract with Nexus IS for Network Electronics (Bond Funds)

Background:
One of the components of the Measure S Bond provides technology upgrades throughout the District. Staff
would like to move forward with upgrading the technology infrastructure at Bret Harte Elementary, Ralph
Emerson Elementary Schools, Monterey High School and the District Service Center.
District Wide Goals for 2013-2014:
7.1
Increase opportunities for effective use of instructional technology.
7.5
Improve District-wide infrastructure for internet and technology-based communication
7.6
Implement G.O. Bond project list according to timeline.
Discussion/Issues:
The District would like to implement Cisco Systems, Inc. networking electronics at Bret Harte Elementary,
Ralph Emerson Elementary Schools, Monterey High School and the District Service Center. This includes core
network equipment, as well as wireless infrastructure.
Fiscal Impact:*
The fiscal impact is $706,990.60. These quotes contain project pricing for Bret Harte Elementary and Ralph
Emerson Elementary Schools, Monterey High School, and the District Service Center. Pricing is based off
CMAS Contract Number 3-09-70-0163AE.

DSC
Emerson
Harte
Monterey
Total

$
$
$
$
$

Amount
476,135.12
78,745.46
96,780.14
55,329.88
706,990.60

Including 7% Contingency
$
509,464.58
$
84,257.64
$
103,554.75
$
59,202.97
$
756,479.94

Recommendation:*
David Jaynes, Assistant Superintendent, Administrative Services, recommends that the Board of Education
award a contract to Nexus IS for Bret Harte Elementary School (Bond Fund 21.0-00000.0-00000-85313-64502050000), not to exceed $103,554.75, including a 7% contingency amount; Ralph Emerson Elementary School
(Bond Fund 21.0-00000.0-00000-85313-6450-2030000), not to exceed $84,257.64, including a 7% contingency
amount; Monterey High School (Bond Fund 21.0-00000.0-00000-85313-6450-5300000), not to exceed
$59,202.97, including a 7% contingency amount; and District Service Center (Bond Fund 21.0-00000.0-0000085313-6249-7730000), not to exceed $509,464.58, including a 7% contingency amount, effective May 16,
64 of 331
2014, and that authority to sign the agreement be exercised pursuant to BUSD-AR 3314, as presented.

Statement of Work
LAN/Wireless Project for
Burbank USD

PREPARED FOR:

Burbank Unified School District
1900 West Olive Ave
Burbank, CA 91506

4/16/2014

www.nexusis.com |800-536-2400 | [email protected]

65 of 331

Nexus IS

Statement of Work

CONFIDENTIALITY NOTICE
The information contained herein is considered confidential and proprietary, produced
solely for the customer identified above. If Nexus’ proposal contains information labeled
confidential or proprietary, Burbank USD will keep such information confidential to the
extent authorized by law. If requested to release the information either through a court
proceeding or under the Public Records Act, Burbank USD will comply with the request and
notify Nexus of the information released.
This document and its contents are intended for the expressed purpose of presenting the
services proposed herein to the prospective customer named herein. No part of this document
may be reproduced, copied or distributed in any form or by any means, either wholly or in part,
or otherwise disclosed to third parties without the expressed written consent of Nexus
Integration Services, Inc. (Nexus).
By accepting receipt of the contents herein the recipient agrees that the document, all updates,
and the information contained therein, will be held in trust and confidence and will not be used,
reproduced in whole or in part, nor its contents revealed to others except to meet the purpose
for which it was delivered. It is understood that no right is conveyed to distribute, reproduce or
have reproduced any portion of this document or item herein disclosed without the expressed
written permission of Nexus.
Should this document or any part of it be used for any other purpose other than as a Statement
of Work as a part of this Professional Services engagement between Nexus and the prospective
Customer named herein, Customer will be charged a Consulting fee as deemed reasonable by
Nexus.
Reproduction Category

Sensitive

Distribution Category

Confidential and Proprietary

Customer acknowledgement: _________

Burbank USD – Statement of Work
Proprietary and Confidential

266 of 331

Nexus IS

Statement of Work

CUSTOMER CONTACT INFORMATION
Name

Title

E-mail Address

Charles Poovakan

Director Technology
Services

[email protected]

Phone

NEXUS CONTACT INFORMATION
Name

Title

E-mail Address

Phone

Evan Clarke

Account Executive

[email protected]

(661) 775-2881

Nick Zahorcak

Network Engineer

[email protected]

(661) 775-2868

Steven Madick

Director of
Engineering

[email protected]

(661) 775-2812

Project Manager
Dale Hardy

VP of Professional
Services

[email protected]

(858) 427-2610

Mike Heiman

VP of Engineering

[email protected]

(661) 775-2409

Deron Pearson

President/COO

[email protected]

(661) 775-2404

Jon Jensen

CEO

[email protected]

(661) 775-2405

Burbank USD – Statement of Work
Proprietary and Confidential

367 of 331

Nexus IS

Statement of Work

Contents
1

2

Executive Summary .................................................................................... 5
1.1

Nexus Profile ................................................................................................................ 5

1.2

Burbank USD Profile .................................................................................................... 5

Solution Overview ....................................................................................... 6
2.1

Burbank USD’s Requirements..................................................................................... 6

2.1.1 Functional Requirements ...................................................................................... 6
2.1.2 Operational Requirements .................................................................................... 8
2.2

3

Solutions Components ................................................................................................ 8

Professional Services Overview .............................................................. 10
3.1

Design Development...................................................................................................10

3.2

Discovery Session ......................................................................................................10

3.3

Requirements Definition Development (RDD) ...........................................................11

3.4

Staging and Pre Configuration ...................................................................................12

3.5

Deployment and Cutover ............................................................................................12

3.6

Deployment Tasks ......................................................................................................13

3.7

Network Ready For Use Testing (NRFU) ....................................................................14

3.8

Knowledge Transfer....................................................................................................14

3.9

Cutover/First Day of Support......................................................................................15

3.10 Deliverables.................................................................................................................15
3.11 Project Completion .....................................................................................................15
3.12 Issue Escalation ..........................................................................................................16

4

Responsibilities of Each Party ................................................................. 19
4.1

Project Management ...................................................................................................19

4.1.1 Project Kickoff Meeting ........................................................................................19
4.1.2 Implementation Phase: .........................................................................................20
4.2

System Configuration .................................................................................................22

4.3

Deployment .................................................................................................................22

5

Change Management Process ................................................................. 24

6

Assumptions ............................................................................................. 25

7

Statement of Work Signoff ....................................................................... 27

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1 Executive Summary
This statement of work (SoW) identifies the services and activities to be performed by Nexus
(and/or others as identified herein) relative to the Network Infrastructure for Burbank USD.
The services, activities, and responsibilities described within the following sections herein
characterize the full set of deliverables for this project, thus constitutes the working agreement
between Nexus and Burbank USD. Every effort has been made to identify the scope of the
project based on information made available during the engagement to create the SoW.

1.1 Nexus Profile
Nexus, headquartered in Valencia, California has offices throughout California, Arizona,
Oregon and Washington. The company employs more than 500 people and serves client
organizations of all types and sizes in local, national and international markets.
Nexus IS, Inc. specializes in delivering innovative convergence solutions that provide
businesses with a distinct competitive advantage. We understand the challenges posed by
today’s rapidly evolving technologies and leverage our extensive engineering team to help our
clients meet these challenges. We work hard to understand the unique needs of each of our
clients, and develop a personalized technology strategy to help them succeed.

1.2 Burbank USD Profile
The Burbank Unified School District provides a comprehensive, balanced educational program
for kindergarten through grade 12. The District is governed by a five-member
Board of Education and served by a central administrative staff.
Eleven K-5 elementary schools, three middle schools, two comprehensive high schools, and
a continuation high school serve a diverse and culturally enriched student population of
more than 15,000.
The Burbank Unified School District, in partnership with parents, families, students and
community, guarantees the effective use of all available resources to create, provide, and
support quality instructional programs, services and environments. Every student will develop
the skills, knowledge, attitudes, and behaviors in order to be a responsible, productive citizen,
and lifelong learner in a diverse and changing global society.

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2 Solution Overview
Nexus has made every effort to detail any assumptions, outstanding caveats, and other
considerations within this document, based on our current understanding of Burbank USD’s
requirements and the existing environment. This section should be carefully reviewed by all
parties to ensure accuracy and completeness of the information provided.

2.1 Burbank USD’s Requirements
Based on pre-sales meetings between Nexus and Burbank USD, Nexus perceives the following
about the project.
Layout & Equipment
• This proposal covers 4 main sites: the District Service Center, Emerson Elementary,
Harte Elementary, and Monterey High schools. A core switch will also be installed at
Burbank High and John Burroughs High schools.
• A new LAN infrastructure will be installed, including new core and edge switches for
the four locations. All connectivity will be 10 gigabit.
• A new wireless infrastructure will be installed, including replacing all existing indoor
and outdoor access points as well as new redundant wireless controllers at the DSC.
• Prime Infrastructure software and hardware will be installed and configured to manage
the wired and wireless network.
• Mobility Services Engine software and hardware will be installed to provide locations
services on the wireless network.
• Identity Services Engine software and hardware will be installed and configured as an
access control policy platform to enforce compliance and enhance infrastructure
security.
2.1.1 Functional Requirements
Based on conversations, the following functional requirements have been gathered:
District Service Center
•

Two (2) 4500X-32 switches will be installed in the MDF as the core network for the
district. The switches will include Enterprise Services IOS for full L3 functionality and
redundant power supplies. All connections to edge switches will be 10 gigabit.

•

Four (4) 2960-X 10/100/1000 POE stackable switches will be installed in locations
provided by the district. Each IDF will have a 10gig fiber connection to the core.
Switches within the MDF will be connected to the core using a 10 gig passive copper
cable.

•

Two (2) 8510 wireless controllers will be installed. The main controller is licensed for 500
access points and will run in high availability mode with a secondary controller.

•

A total of (2) 802.11ac indoor wireless access points will be installed throughout the
location. Nexus personnel will mount the access points and will also program and test
them.

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•

Prime Infrastructure, with 1,000 Lifecycle device licenses and 300 Assurance interface
licenses, will be installed and configured on a physical server. All software and
hardware are covered by 5 years of Cisco Smartnet maintenance.

•

Mobility Services Engine, with 500 Base Location licenses, will be installed and
configured on a physical server. All software and hardware are covered by 5 years of
Cisco Smartnet maintenance.

•

Identity Services Engine, licensed for 2,500 wireless endpoints, will be installed and
configured on redundant SNS-3415 physical servers. The 3415 server can serve up to
5,000 concurrent endpoints. All software and hardware are covered by 5 years of Cisco
Smartnet maintenance.

Emerson Elementary School
•

One (1) 4500X-16 switch will be installed in the MDF as the core network for the school.
The switch will include Enterprise Services IOS for full L3 functionality and redundant
power supplies. All connections to edge switches will be 10 gigabit

•

Eleven (11) 2960-X 10/100/1000 POE stackable switches will be installed in locations
provided by the district. Each IDF will have a 10gig fiber connection to the core.
Switches within the MDF will be connected to the core using a 10 gig passive copper
cable. One (1) 3560 8-port switch will be installed and connected to the core using a 1 gig
fiber connection.

•

A total of (41) 802.11ac wireless access points will be installed throughout the campus;
35 indoor and 6 outdoor. Nexus personnel will mount the access points and will also
program and test them. Burbank USD's cabling partner will mount the outdoor
enclosures and Nexus will install the outdoor AP's in those enclosures.

Harte Elementary School
•

One (1) 4500X-16 switch will be installed in the MDF as the core network for the school.
The switch will include Enterprise Services IOS for full L3 functionality and redundant
power supplies. All connections to edge switches will be 10 gigabit

•

Thirteen (13) 2960-X 10/100/1000 POE stackable switches will be installed in locations
provided by the district. Each IDF will have a 10gig fiber connection to the core.
Switches within the MDF will be connected to the core using a 10 gig passive copper
cable.

•

A total of (61) 802.11ac wireless access points will be installed throughout the campus;
52 indoor and 9 outdoor. Nexus personnel will mount the access points and will also
program and test them. Burbank USD's cabling partner will mount the outdoor
enclosures and Nexus will install the outdoor AP's in those enclosures.

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Monterey High School
•

One (1) 4500X-16 switch will be installed in the MDF as the core network for the school.
The switch will include Enterprise Services IOS for full L3 functionality and redundant
power supplies. All connections to edge switches will be 10 gigabit

•

Eight (8) 2960-X 10/100/1000 POE stackable switches will be installed in locations
provided by the district. Each IDF will have a 10gig fiber connection to the core.
Switches within the MDF will be connected to the core using a 10 gig passive copper
cable.

•

A total of (23) 802.11ac wireless access points will be installed throughout the campus;
18 indoor and 5 outdoor. Nexus personnel will mount the access points and will also
program and test them. Burbank USD's cabling partner will mount the outdoor
enclosures and Nexus will install the outdoor AP's in those enclosures.

2.1.2 Operational Requirements
Nexus understands the operational requirements include:
•

Installation of a wired network to support future expandability.

•

Installation of a wireless network to support future expandability.

•

Installation of management software to monitor the new network.

•

Profiling for visibility or inventory management (differentiation of services based on
device type).
Differentiation of service based on user identity.
Securing wireless network and providing guest access.
Monitoring of all devices (iPads, Notebooks, etc).
Ensuring endpoint health or posture.

•
•
•
•

2.2 Solutions Components
Components purchased for this solution as listed on Schedule A (attached).

Burbank USD
LAN

Requirement

Included in SOW

Core and Edge
Switches

4500-X 32 Port SFP+

4

4500-X 16 Port SFP+

3

2960-X 48 Port 10/100/1000 POE 10gig

12 (plus 1 extra spare)

2960-X 48 Port 10/100/1000 POE 1gig

15

2960-X 24 Port 10/100/1000 POE 10gig

5

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2960-X 24 Port 10/100/1000 POE 1gig

4

3560 8 Port 10/100/1000 POE 1gig

1

Wireless
Controllers

Requirement

Included in SOW

8510

Licensed for 500 Wireless Access Points

2 (running in HA mode)

Wireless AP's

Requirement

Included in SOW

AP's

2702i 802.11ac Indoor AP's

127 (20 to be installed in outdoor
enclosures)

2702e 802.11ac Outdoor AP's

-

Requirement

Included in SOW

Lifecycle Licenses

1,000

Assurance Licenses

300

Prime Network Control System Hardware
Appliance

1

Requirement

Included in SOW

Base Location Services Licenses

500

MSE 3355 Hardware Appliance

1

Requirement

Included in SOW

Endpoint Wireless 5 Yr Licenses

2,500

3315 Small Secure Server for ISE

2

Prime
Infrastructure

Mobility Services
Engine

Identity Services
Engine

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3 Professional Services Overview
Nexus is focused on providing the professional services engineering and support expertise to
meet the requirements of today’s advanced technology solutions. Our expertise with converged
networks, security, wireless, voice, video, data, and IP telephony, coupled with our strong
partnership with technology leaders Cisco, NEC, and Microsoft, enables us to deliver a wide
range of business technology solutions from a simple telephony system to the most robust IP
Call Center networks.
Our Professional Services objective is to align your business and technical requirements through
a six phase technology solution lifecycle: prepare, plan, design, implement, operate, and
optimize. This proven lifecycle services methodology enables effective, efficient deployment of
advanced technologies with minimal disruption to business, and maximum benefit and return
on your investment.

3.1 Design Development
The objective of the discovery process is to identify functional and tactical requirements
affecting the solution configuration and deployment. During this process, we will validate the
preliminary design. Nexus, in conjunction with Burbank USD, will conduct a series of work
sessions to finalize the requirements for the solution components as described in the Solution
Overview section.
Requirements will be documented in a discovery document, which will be submitted to and
approved by Burbank USD. This document describes the business requirements and provides a
“roadmap” for the design of the solution.
During the Discovery process, Nexus or Burbank USD may discover that additional
functionality or features that are available to them may benefit the overall project design. Any
project additions are viewed as potential changes to the original SOW.

3.2 Discovery Session
Nexus, in conjunction with Burbank USD, will develop the detailed requirements for the project
components. The scope of the requirements definition process will generally include the
following, as applicable:
• Access Point (model selection, specialized antennas, placement, orientation, etc)
• Local Area Network Infrastructure (POE)
• Wide Area Network Infrastructure (Traffic flow)
• WLAN General Requirements (i.e., coverage, performance, redundancy, etc.)
• WLAN & LAN Security Requirements (ISE and Encryption)
• WLAN & LAN Authentication and Integration (User & Guest access)
• Monitoring, Performance and Mobility (Prime and MSE)
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The objective of the discovery process will be to identify functional and tactical requirements
affecting the solution configuration and deployment. The information also forms the basis of
understanding necessary for development of the detailed design.
Subsequent to design approval, any adjustments to the initial high-level design and associated
Bill of Material (BOM) will be documented and submitted to Burbank USD for approval prior to
proceeding.
The following specific features should be discussed during the Discovery Sessions;
User Access: The number of user groups that need different connectivity and authentication.
These groups often include some variation of facility/staff users, student users, guest users, and
VLAN traffic.
• Guest Access and Web Authentication.
• 802.1X configurations
• MAC address filtering as required
• “Choke Router” configurations
Nexus has a standard discovery session that uses standard templates. In the event these
templates need to be customized additional charges may apply. Specifically for purposes of this
project the discovery session will determine the following;
•
•
•

Wireless Configuration Plan
LAN Configuration Plan
Software Configuration Plan

The objective of the Discovery Session will be to collect current configurations from
documentation provided by the Burbank USD. Inputs will be used to validate the preliminary
design.

3.3 Requirements Definition Development (RDD)
Nexus, in conjunction with the Burbank USD, will conduct work sessions and interviews as part
of an RDD to assess the wired and wireless design.
The objective of the requirements definition process is to identify business, technical and
operational requirements affecting the solution architecture, design, configuration and
deployment. Inputs from customer work sessions and interviews and documents provided by
the customer will be used to prepare a Requirements Definition Document including, but not
necessarily limited to:
•
•
•

System architecture
Solution technology
User interfaces

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•
•
•
•
•
•
•
•

Statement of Work

Definition of the personas assigned to each node (e.g., Administration, Monitoring,
Policy Service, Inline Posture) including Primary and Secondary designations.
Wireless Webauth Self Registration Portal Configuration
Wireless Profiling Installation/Configuration
Wireless Webauth Guest and Sponsor
Wired Webauth Guest and Sponsor Portal Configuration
Wired Webauth Self Registration Portal Configuration
Mobility Services Engine at the Data Center location. No RFID devices are associated
with this Scope of Work.
System integration with third party applications

The information may also form the basis of understanding necessary requirements for
development of a detailed Scope of Work estimating the level of effort needed to provide
Burbank USD with remedies and procedures to support ongoing Cisco operations.

3.4 Staging and Pre Configuration
Previously-installed equipment and configurations supporting Burbank USD’s wired and
wireless systems will be analyzed and any required changes documented and implemented
with Burbank USD approval. Additional charges for reconfiguration may apply.
Nexus will burn-in and pre-configure any available equipment for this solution at a Nexus
facility, unless instructed otherwise by Burbank USD.

3.5 Deployment and Cutover
Nexus will be deploying the new wired, wireless, management, and authorization components
at the schools and DSC.
Nexus will complete its standard Test Plan for the project. As applicable, such testing typically
includes the following:
•

Testing of all hardware and software installed.

•

Testing of all failover capabilities of the LAN/Wireless solution. Offline testing will
be performed prior to cut-over.
Testing of all clients connecting to the wireless network using Cisco Identity Services
Engine Access Control

•
•

Testing of location services must be calibrated by walking the site, connecting a specific
“test” client PC at exact locations and running calibration tests.

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3.6 Deployment Tasks
Please note: a more detailed project plan will be presented after the initial customer kick-off
meeting.
System

LAN Systems:
Catalyst PoE Switches

Wireless LAN Systems:
Wireless LAN Controller

Wireless Access Point

Software and Servers:
Servers for PI, MSE, and
ISE

Identity Services Engine

Mobility Services Engine

Prime Infrastructure

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Task

Configure Mgmt Interface
Configure VLANs
Configure Trunking
Configure Routing
Configure Security
Burn In
Provide All Fiber/Cat5 Patch Cords

Configure 802.11 SSIDs
Configure 802.11 Channels
Configure Wireless Access Point
Configure Security
Configure Licenses
Configure Failover
Identify AP Placement Location
Install Cat6 Cabling to Location
Install Wireless Access Point
Configure and Test Access Point
Document AP Location

Burbank USD

Nexus

■

■
■
■
■
■
■
Fiber

■
■

■
■
■
■
■
■
■
■
■
■

Rack, stack, burn in, and test

■

Install and configure appropriate
software
Install software for ISE on the
appliances
Creation of Administrator accounts,
ISE Personas and Access

■
■
■

■

Certificate provisioning and
Installation

■

■

Infrastructure Preparation and NAD
Configuration

■

■

Running the Automatic Installation
Script
Map and Access Point Calibration

■

■

HTTP Server Configuration

■

■

Configuration of Location Services,
Alerts and Events
Install software for Prime Server

■

■

Open required ports on firewall

■

■

■
■

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System

Task

Burbank USD

Nexus

■

■

■

■

■

■

Configure SNMP on devices and
Prime Server
Configure NTP on devices and
Prime Server
Enable the Auto Monitoring on
Prime Solution
Notes:

During discovery process, Nexus will discuss requirements for Syslog and Netflow configurations with
Burbank USD.
The customer is responsible for all copper patch cabling, UPS/RPS, power and environments.
Any deviation from the above tasks may result in a change in the SOW which may result in additional
charges.

3.7 Network Ready For Use Testing (NRFU)
The following parameters establish the acceptance criteria/proof of performance that shall
result in successful project acceptance.
WLAN Infrastructure
•

Verify wireless VLANs

•

Verify wireless connectivity

•

Verify wireless controller functionality

•

Verify wireless ISE/MSE functionality

•

Verify wireless Prime Infrastructure functionality

LAN Infrastructure
Nexus will develop switch templates for deploying ISE on LAN and will configure for new
switches. Burbank USD will roll out respective configurations to existing switches.
•

Verify wired VLANs

•

Verify wired connectivity

•

Verify wired ISE/MSE functionality

•

Verify wired Prime Infrastructure functionality

Knowledge Transfer
The success of any technology implementation is dependent on the usability and perception of
the system to the users. Nexus provides ‘Knowledge Transfer’ sessions for both users and
administrative staff.

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Administrative Knowledge Transfer
It is intended that Burbank USD will designate appropriate personnel who are familiar with the
project details and who will continue to maintain the systems after cutover. The knowledge
transfer session(s) provide the basic understanding of how your system(s) operate. Knowledge
transfer DOES NOT provide expert and/or advanced functionality administration. Client
should NOT expect to troubleshoot advanced situation and upgrade their system(s) without
assistance from Nexus or Cisco unless client personnel receive advanced Cisco
training/certification(s).
Nexus will provide one informal administrative knowledge transfer session for up to 4 hours to
accommodate up to two (2) attendees. This session will be conducted on the day after
completion of go live support. If a lot of supervised (over-the-shoulder) knowledge transfer
occurs during implementation, the amount of time the overall time on administrative
knowledge transfer may vary.
At the district's request, Nexus has also included Cisco Learning Credits to be used at learning
centers. There are sufficient learning credits for (3) CCNA bootcamps and (2) CCNP bootcamps.

3.9 Cutover/First Day of Support
Cutover will take place as needed by client and should be focused on getting the DSC
functional first. Burbank USD will work with Nexus to make the transition as simple as
possible. Nexus will provide on-site support for the cutover at a mutually agreed upon time.
One technician will be onsite during the first day that users will need to operate the system.
Technician will be onsite at 7:30 am and depart at 5:30 pm. This SoW does not cover additional
services such as network audit, network assessment, network design, or consulting.

3.10

Deliverables

To customer from Nexus:
•

Project plan

•

Signed Network Ready For Use (NRFU) check sheet

•

Design Definition Deliverable (DDD)

The Design Definition Deliverable (DDD) will contain “as built” information, such as AP location, IP
address information, and final configurations and will be submitted to Burbank USD after the cutover
date.
To Nexus IS from customer:
•

Signed SoW

•

Signed Data Collection Worksheet

•

Signed In-Service Acknowledgement Form

3.11

Project Completion

Upon Nexus’ completion of the professional services, Nexus shall notify Burbank USD of
completion of a specific milestone or service performed by providing an In-Service

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Acknowledgement Form. Burbank USD has five (5) working days from the receipt of the InService Acknowledgement Form to schedule appropriate personnel to review the particular
milestone or services performed and sign the In-Service Acknowledgement Form. Signing of the
In-Service Acknowledgement Form, or Burbank USD’s failure to respond to the form within the
designated five (5) day period, signifies Burbank USD’s acceptance of the milestone and that
services have been performed as described in the In-Service Acknowledgement Form and in
accordance with the SoW.
In order to refuse acceptance of the services performed, Burbank USD must provide Nexus with
full details that show that services do not conform to the SoW. Nexus shall address such nonconformance in a timely manner. Nexus shall compile an action plan to correct any deficiencies
and the process for acceptance detailed herein shall be repeated until such time as all
deficiencies have been resolved and the services meet the requirements of the SoW. Acceptance
may not be withheld due to defects in services that do not represent a material nonconformance with the requirements of the SoW.
At the conclusion of this project, Burbank USD will have deployed a solution as described
throughout the various applicable contractual documents including but not limited to this
Scope of Work.
As acknowledgement that the system has been placed into commercial operation, Burbank USD
will sign an “In-service Acknowledgement” form, which may list certain minor items that were
not yet able to be deployed. These items (if any) will also have documented due dates for the
expected completion date. Other items listed could include as-built documentation and or
drawings as applicable based on what was purchased in the agreement.
•

At the conclusion of this project, Burbank USD will have deployed a new LAN, WLAN,
ISE, Prime Infrastructure and MSE solution as described herein above.

•

Delivered updated documentation and as-built drawings

3.12

Issue Escalation

There are two kinds of support issues that require escalation:
•

Implementation issues

•

Operations and Maintenance (O&M) issues

Implementation Issues
All issues directly related to the implementation of the Burbank USD network are the
responsibility of, and should be directed to, the Nexus Project Team. These issues include
anything within the scope of the signed Professional Services Statement of Work. Please note
that the responsibility for maintenance of the installed components of the new network
transitions to an O&M status upon Burbank USD signing the Site Completion Certificate. In lieu
of a formal handoff procedure, it must be agreed that the responsibility for any equipment,
properly installed, configured, and tested by Nexus, becomes the responsibility of Burbank
USD.

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Problem Resolution – During an implementation, the Project Manager will be responsible for
ensuring Cisco-related issues are resolved to the satisfaction of Burbank USD. For contact
information pertaining to the Nexus project team please direct all inquiries to the following
individual:

Operation and Maintenance (O&M) Issues
For all issues outside the scope of this SoW, specifically, for network problems occurring after
execution of the In-Service Acknowledgement Form, Burbank USD is responsible for resolving.
Cisco and Nexus offer several flexible technical support service options to help resolve system
incidents or service change requests. These service options focus on the “operate” phase of the
network lifecycle to help maintain operational efficiency.

Cisco SMARTnet: Critical Technical Support
Cisco SMARTnet provides immediate access to vital information and assistance when you need
it:
•

Rapid problem resolution with around-the-clock, global access to the Cisco TAC.

•

Registered access to Cisco.com for powerful online tools and information.

•

Advance Hardware Replacement Next-business-day (additional options, some as fast as
two hours, are also available).

•

Ongoing system software updates to evolve your network to changing needs.

•

Cisco OS software support to extend the life of your Cisco devices with improved
security, performance, and interoperability.

NexusCare Managed Service
NexusCare Managed Service extends Cisco’s SMARTnet support to include remote and onsite
support and system management. Service Incidents are managed from notification to
resolution. Our Nexus TAC (NTAC) engineers know your network, saving valuable time and
effort troubleshooting and managing Incidents and Service Changes. Our NTAC engineers are
highly skilled and experienced at supporting Cisco converged infrastructures, Unified
Communications solutions and Cisco Advanced Technologies such as Unified Contact Center
Express and Enterprise, Cisco MeetingPlace, and Cisco TelePresence.
•

24x7 Major Service Incident management from notification to resolution

•

8x5 Minor Service Incident management to resolution

•

Service Level Objectives: 1 Hour for Major Incidents; Next Business Day for Minor
Incidents

•

Remote support via NTAC

•

Onsite support dispatch within Nexus primary service areas, other areas if pre-arranged

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•

Escalation management to Cisco TAC for Level 3 & 4 technical support

•

Escalation management to Carriers for circuit diagnostics and issue resolution

•

Parts replacement via manufacturer warranty or service agreement

•

Preferential scheduling and pricing for billable Service Change requests

For more information on NexusCare, please contact your Nexus Advanced Solutions Executive.

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4 Responsibilities of Each Party
4.1 Project Management
Nexus Project Management services provide a structured methodology for implementation for
this SoW. Project Management services provide oversight of the organization, direction and
control of all project-related efforts required to complete the implementation as defined herein.
Project Management will include the oversight of the project as defined by this SoW together
with the Customer in the role of the Nexus’ single point of contact. Timelines and schedules will
be established to help meet the needs of the project goals and expectations for the associated
Solutions as defined in Section 2.0 herein.
Upon execution of this SoW by both parties and Nexus’s receipt of the executed SoW, signed
Schedule A and Purchase Agreement from the Customer, Nexus will determine the optimal
start date and cutover/delivery date based on discussions with the Nexus sales team, project
coordination resource, Nexus technical resources and the customer.
The Nexus Project Manager will manage the project remotely, with the potential exception of
the kick-off meeting. Status meetings/conference calls will typically be driven by the Nexus
Project Manager, with additional Nexus resources scheduled as needed for participation at the
discretion of the Nexus Project Manager.
The Project Manager will organize and coordinate the following tasks including but not limited
to:
•

The procurement, staging and delivery of the equipment purchased (if any)

•

The scheduling of Nexus resources

•

The coordination of required Customer resources and associated tasks (if applicable)

•

The planning of installation activities utilizing the timeline established after the kick off
meeting as the guide

•

Act as the single point of contact for change control, escalation and acceptance activities
for the implementation team efforts defined within this SoW.

For engagements requiring dedicated or on-site Project Management, Nexus offers dedicated or
full-time professional project management service options. If an on-site or dedicated project
manager is required additional charges will apply and a separate Statement of Work for such
services will replace Section 4.1 of this Statement of Work.
4.1.1 Project Kickoff Meeting
The purpose of the project kickoff meeting is to transition the project from the design and
purchase process to the implementation phase. The agenda of the meeting will include the
review of the contract terms, and key project task areas. The key stakeholders need to attend to
agree on roles and responsibilities, establish joint planning, and define short-term deliverables
for both Nexus and the Customer. This is typically an on site meeting with the added

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attendance of the Nexus Advance Solutions Executive, Systems Design Engineer and
Deployment Engineer(s) either live or remotely, as well as the customers’ key stakeholders.
At a minimum, the agenda will also include the review the following planning activities:
•

Validate the Bill of Materials as itemized on the Schedule A of the agreement

•

Review various other specifics of this Scope of Work

•

Develop & verify the contact and escalation list

•

Communication plan that defines the understanding as to how Nexus and the customer
agree to communicate on all project related information ranging from non-critical
information to critical information. As part of the communication plan, the Nexus
Project Manager and the Customers single point of contact will jointly establish:
•

The time and frequency for status meetings/conference calls

•

Documentation of meetings and the distribution of the associated meeting notes

•

The assignment and tracking of all required action items

•

Network information deliverables required from the customer

•

System database information deliverables as may be required from the customer,
including extension number assignments, IP-numbering schema, and public and
private circuit switching information

•

Project Invoicing terms as defined in the Schedule A of the agreement

•

Freeze dates for any database or scope changes

•

Review and verify the Customers’ hours of operation, available building access
for Nexus, Customers’ change management requirements, loading dock
availability, blackout dates/times for service or delivery, security, site access
badge requirements, escorted access requirements, and facility training
requirements.

•

Change Management Plan. This is how Nexus and the customer will manage changes
during the project lifecycle. It is common for changes to occur during a project for a
multitude of reasons and it is vital that a plan is in place to document and execute
changes on a written change order as they arise. If changes occur that have an impact on
the initial timeline, the Project Manager will make changes to reflect any associated
milestone impacts that may arise as the direct result of the change(s).

•

Site test, acceptance process and criteria based on the scope of the project

4.1.2 Implementation Phase:
Throughout the implementation phase, the Project Manager will:
•

Lead the project by following this project scope, and associated activities as established
in the project kickoff meeting

•

Update the Project Time Line, review the project for jeopardy, and act as the Nexus
“Single Point of Contact”

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•

Coordinate the requirements associated with system data gathering requirements

•

Establish and participate in status update calls

•

Process any change orders as may be required throughout the implementation

•

Oversee the process of collecting the information required for the Requirements
Definition Documentation (if purchased) and coordinate the preparation and
presentation of the final document

•

Validate with the Nexus and customer project teams that voice services are in place as
required and designed prior to the conversion date

•

Track the flow of equipment from the Nexus staging facility to the Customer location.

•

Contact Customer to confirm site readiness for equipment delivery and prior to the start
of work on site by the Nexus deployment team

•

Verify the existence of the required electrical and environmental equipment prior to the
installation

•

Ensure Nexus employees and any subcontractors conform to customer’s reasonable
workplace policies, conditions, and safety regulations that are consistent with Nexus’
obligations herein and that are provided to Nexus in writing prior to commencement of
the services; provided, however, that Nexus’ personnel or subcontractors shall not be
required to sign individual agreements with the customer or waive any personal rights.

Customer responsibilities include:
•

Designate a single point of contact to whom all Nexus communications may be
addressed and who has authority to act on all aspects of the services. This primary
contact is identified above and will be available during normal business hours.

•

Designate a backup contact when the primary customer contact is not available, who has
the authority to act on all aspects of the services in the absence of the primary contact.

•

Unless otherwise agreed to by the parties, provide information and documentation
required by Nexus within two (2) business days of Nexus’ request.

•

Notify Nexus of any hardware and/or software upgrades or any other changes within
the customer’s network at least thirty (30) business days prior to the upgrade.

•

Notify Nexus of any Installation scheduling change at least seventy-two (72) hours prior
to the originally scheduled installation date. Scheduling changes and/or cancellations
made after this 72-hour window may be subject to Nexus’ then current cancellation
penalty charge.

•

When requested by Nexus, provide customer site building layouts, including the floor
plans, location of cables, and power sources.

•

Supply the workplace policies, conditions, and environment in effect at the customer
site.

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4.2 System Configuration
Nexus responsibilities:
•

Develop configuration documentation with input from the customer and/or network
design team.

•

Develop the implementation-specific network diagram with input from the customer
and/or the design team.

Customer responsibilities:
•

Provide input to Nexus for the development of configuration documentation.

•

Provide station locations IP addresses and subnet masks and existing DNS and DHCP
server configurations information, if applicable.

4.3 Deployment
Nexus responsibilities:
•

Deliver the product from the on-site staging facility to the designated installation
locations within the same general site.

•

Confirm that the site readiness recommendations have been completed by the customer
and that the network is ready for the installation of recommended solution.

•

Install and connect the product to the customer-provided facilities at the agreed upon
demarcation points in accordance with the documentation provided.

•

Troubleshoot and replace hardware failures relating to the Installation of the product.

•

Provide remote technical support for the on-site engineer during Installation, migration,
cut-over, and Implementation testing.

Verify operation of the installed components as per the pre-defined Network Ready for Use
(NRFU).

Customer responsibilities:
•

Identify a coordinator responsible for the services at each customer site.

•

Installation of Wireless Access Points at the sites.

•

Prepare the customer site in accordance with the site readiness recommendations. Nexus
shall not proceed with the product Installation until such modifications and changes are
made.

•

Order and install all customer-provided data and voice circuits prior to the scheduled
Installation date. Ensure that Telco demarcations circuit identifications are clearly
identified.

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•

Statement of Work

Verify all distance and interference limitations of interface cables to be used and confirm
that all necessary cabling, power, and grounding is delivered and installed prior to the
Installation date.

Provide remote access to gateway routers for remote implementation support and for remote
Nexus server access for software downloads, if possible.
•

Install and verify the operation of all Customer Provided Equipment (CPE) not provided
by Nexus.

•

Provide earthquake bracing, if required.

•

Provide any security clearances, escorts, special safety equipment, and access training as
required to access the site.

Provide a PBX, Telco, network, and/or cabling technician to be available during the network
installation and implementation testing to make network changes required to make the
data/voice network operational.

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5 Change Management Process
It may become necessary to amend this SoW for reasons including, but not limited to, the
following:
•

Burbank USD’s changes to the SoW and/or specifications for the services.

•

Burbank USD’s changes to the project plan.

•

Unavailability of resources that are beyond either party’s control.

•

Environmental or architectural conditions not previously identified.

In the event either party desires to change this SoW, the following procedures shall apply:
•

The party requesting the change will deliver a Change Order Form to the other party.
The Change Order Form will describe the nature of the change, the reason for the
change, and the effect the change will have on the scope of work, which may include
changes to the deliverables and/or the schedule.

•

A Change Order Form may be initiated either by the Customer or by Nexus for any
changes to the SoW. The Project Manager of the requesting party will review the
proposed change with his/her counterpart. The parties will evaluate the Change Order
Form and negotiate in good faith the changes to the services and the additional charges,
if any, required to implement the change order. If both parties agree to implement the
change order, the appropriate authorized representatives of the parties will sign the
change order, indicating the acceptance of the changes by the parties.

•

Upon execution of the Change Order Form, the Change Order Form will be
incorporated into the SoW.

•

Nexus under no obligation to proceed with the Change Order Form until such time as
the Change Order Form has been agreed upon by both parties.

•

Whenever there is a conflict between the terms and conditions set forth in a fully
executed change order and those set forth in the original SoW, or previous fully
executed change order, the terms and conditions of the most recent fully executed
change order shall prevail.

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6 Assumptions
The following assumptions, together with those detailed elsewhere, were made to create this
Statement of Work. Should any of these assumptions prove to be incorrect or incomplete then
Nexus may modify the price, scope of work, or milestones. Any such modifications shall be
managed by the Change Management Procedure described in Section 6.
General Assumptions
•

Burbank USD will provide 24x7 access to customer facilities, including, where
applicable, computer equipment, facilities, workspaces, and telephone for Cisco’s use
during the project.

•

Burbank USD will provide system access according to the specifications of Cisco TAC.

•

Burbank USD will provide a complete and documented network architecture plan that
would provide physical and logical schematics (Visio format preferred) prior to service
commencement.

•

Burbank USD will provide skilled personnel to assist with the following:
•

Performing the hardware and software configuration changes that will be
required on Customer’s file and application servers and switch or router OS.

•

Network servers and Exchange servers have correct version and service packs
installed.

•

Network impacts and Exchange server storage impacts will be addressed prior to
install.

•

All Burbank USD hardware that will be used for this engagement is listed on the
Hardware Compatibility List published by Microsoft.

•

Ensure that all site preparation (for example, but not limited to, power, space, HVAC,
abatement, cables, and racks) will be in place and the site ready for equipment
installation three (3) business days prior to the beginning of the scheduled onsite
installation.

•

Ensure cubicle jacks are properly labeled back to the wiring closet patch panel.

•

Ensure that there are the necessary power and cable requirements at each user location.

•

Burbank USD will coordinate the scheduling users for training class times and provide
the training facilities.

•

UPS, surge protection, or wall outlets are available and labeled for equipment.

•

All patch panels and cables are properly wired and labeled.

•

All cabling meets CAT6 specs set by EIA/TIA.

•

Any additional cabling required is performed by the client’s cabling vendor.

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Statement of Work

•

Burbank USD shall be responsible for the registration of all Cisco SmartNet or other
required hardware or software registrations.

•

Burbank USD network architecture design shall not change between the date of
customer’s execution of this SoW and the completion of all services contemplated
hereunder.

•

Burbank USD is responsible for any shipping and insurance charges, if any, to transport
equipment from the staging facility to the installation site(s).

•

Delays caused by the lack of completed site preparation or Burbank USD’s failure to
meet any responsibilities specified in this SoW shall be billed at Nexus time and
materials rates including travel and other expenses. Any additional costs incurred by the
customer as a result of delays shall be the sole responsibility of the customer.

•

Unless otherwise agreed to by the parties, a response will take place within two (2)
business days of Nexus’ request for documentation or information needed for the
project.

•

Resources from various Nexus offices may be utilized, as needed, to provide a full scope
of technical expertise.

•

Any product or service delivery dates communicated to the customer outside of this
SoW or the project plan, are not to be considered valid or binding.

•

Requests for support or services outside of this SoW require written approval by the
customer and acceptance by the Nexus Project Manager and may result in additional
charges to the customer.

•

If the project extends beyond the timeline specified in the project plan due to delays
caused by parties other than Nexus and its subcontractors, additional charges may
apply.

•

All backup and antivirus solutions are to be provided by the customer. Nexus has not
provided these solutions as part of this SoW and does not hold any responsibility for
these elements of the end-state solution.

•

All Knowledge Transfer sessions will be completed during the week prior to cutover.
No provision has been made for additional training after cutover.

•

All SoW activities, with the exception of cutover, will be conducted during normal
business hours, Monday through Friday, 8 am to 5 pm.

•

Where possible, most work will be performed remotely. On-site resources will only be
used for activities such as physical hardware installation, training, cutover, and go live
support.

•

Any services outside the scope of this project will be provided on a time and materials
basis.

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7 Statement of Work Signoff
Customer Agreement of Terms

Nexus Agreement of Terms

I do hereby agree to the solution as set
forth within this Statement of Work.

I do hereby agree to the solution as set
forth within this Statement of Work.

Name:

Name:

Title:

Title:

Signature:

Signature:

Date:

Date:

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Proprietary and Confidential

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Burbank USD - DSC
Office: Valencia

Account Manager: Evan Clarke

Address: 27202 West Turnberry Lane Suite 100

Quote Name: Burbank USD Yr 17 - DSC - v5

Phone Number: 661-775-2881

City/State/Zip: Valencia CA 91355

Quote Number: A-108834

Inside AM: Courtney Beckford

URL: http://www.nexusis.com/

Valid Until: 5/6/2014

Phone Number: 661-775-2460

Unit Price Column: "EOL" indicates item is end of life; N/A indicates item not available in current pricelist.
In both cases their calculated price is 0

Budgetary Pricing ONLY
PART#

QTY

1
2
3
4
5
6
7
8
9
10
11

Header
CON-SNT-AIRCT855
CON-SNT-SNS3415
CON-ESW-PI2XBASE
CON-ESW-PI20SW
CON-SNT-MSE3355
CON-ESW-PI2XLF1K
CON-ESW-PI2XAS1H
CON-SNT-NCSAPL9
CON-SNT-WSC48LPD
CON-SNT-C45X32SF

5
10
5
5
5
5
5
5
5
5

SMARTNET 8X5XNBD CSC 8500 Srs Wireless Cntrlr Sup 500 Aps
SMARTNET 8X5XNBD Small Secure Server
ESSENTIAL SW Prime Infrastructure 2.x Base License
ESSENTIAL SW Prime Infrastructure 2.0 Software
SMARTNET 8X5XNBD MSE 3355 Hardware SKU
ESSENTIAL SW PI 2.x - Lifecycle - 1K Device Lic
ESSENTIAL SW PI 2.x - Assurance - 100 Device Lic
SMARTNET 8X5XNBD Cisco Prime Network Control System HW
SMARTNET 8X5XNBD Catalyst 2960-X 48
SMARTNET 8X5XNBD Catalyst 4500-X 32 Port 10G IP Base

12
13

Header
33046

2

14

08356

4

CTG 2m LC-LC 10Gb 50/125 OM3 Duplex Multimode PVC Fiber Optic Cable Aqua
CTG 8m LC-SC 9/125 OS1 Duplex Singlemode PVC Fiber Optic Cable - Yellow

LINE#

DESCRIPTION

EXT. PRICE

UNIT PRICE

MONTH

DISC.

LIST PRICE

Additional Materials

Additional Materials

$0.00
$42,250.00
$10,738.00
$39.00
$9.75
$15,073.50
$29,152.50
$3,799.25
$3,900.00
$1,365.00
$5,850.00
$112,177.00
$0.00
$43.54

$0.00
$8,450.00
$1,073.80
$7.80
$1.95
$3,014.70
$5,830.50
$759.85
$780.00
$273.00
$1,170.00

$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00

$0.00
$21.77

$0.00
$0.00

$94.32

$23.58

$0.00

$137.85
$112,314.85

Group A: Core Switches
1
2
3
4
5
6
7
8

SFP-10G-LR=
WS-C4500X-32SFP+
C4KX-NM-BLANK
C4KX-PWR-750AC-R
C4KX-PWR-750AC-R/2
S45XUK9-35-1521E
C4500X-IP-ES
CAB-C15-CBN

4
4
4
4
4
4
4
8

10GBASE-LR SFP Module
Catalyst 4500-X 32 Port 10G IP Base, Front-to-Back, No P/S
Catalyst 4500X Network Module Blank
Catalyst 4500X 750W AC front to back cooling power supply
Catalyst 4500X 750W AC front to back cooling 2nd PWR supply
CAT4500-X Universal Crypto Image
IP Base to Ent. Services license for 32 Port Catalyst 4500-X
Cabinet Jumper Power Cord, 250 VAC 13A, C14-C15 Connectors

9
10

SFP-H10GB-CU1M=
GLC-T=

4
4

10GBASE-CU SFP+ Cable 1 Meter
1000BASE-T SFP
Group A: Core Switches

$4,953.80
$34,720.00
$0.00
$2,480.00
$2,480.00
$0.00
$9,920.00
$0.00
$49,600.00
$186.00
$489.80
$55,229.60

$1,238.45
$8,680.00
Included
$620.00
$620.00
$0.00
$2,480.00
$0.00

69.00%
69.00%
69.00%
69.00%

$46.50
$122.45

69.00%
69.00%

$150.00
$395.00

$616.90
$2,168.45
$0.00
$2,168.45
$3,468.90
$0.00
$3,468.90
$1,111.35
$0.00
$1,111.35
$62.00
$1,424.45
$0.00
$1,424.45
$55.80
$8,907.85

$308.45
$2,168.45
$0.00

69.00%
69.00%

$995.00
$6,995.00
$0.00

$1,734.45
$0.00

69.00%

$5,595.00
$0.00

$370.45
$0.00

69.00%

$1,195.00
$0.00

$62.00
$1,424.45
$0.00

69.00%
69.00%

$200.00
$4,595.00
$0.00

$55.80

69.00%

$180.00

69.00%

$3,995.00
$28,000.00
$0.00
$2,000.00
$2,000.00
$0.00
$8,000.00
$0.00

Group C: Access Switches
1
2
3

SFP-10G-SR=
WS-C2960X-48LPD-L
CAB-C15-CBN

2
1
1

10GBASE-SR SFP Module
Catalyst 2960-X 48 GigE PoE 370W, 2 x 10G SFP+ LAN Base
Cabinet Jumper Power Cord, 250 VAC 13A, C14-C15 Connectors

4
5

WS-C2960X-48LPS-L
CAB-C15-CBN

2
2

Catalyst 2960-X 48 GigE PoE 370W, 4 x 1G SFP, LAN Base
Cabinet Jumper Power Cord, 250 VAC 13A, C14-C15 Connectors

6
7

C2960X-STACK=
CAB-STK-E-0.5M

3
3

Catalyst 2960-X FlexStack Plus Stacking Module optional
Cisco FlexStack 50cm stacking cable

8
9
10

CAB-STK-E-1M=
WS-C2960X-24PD-L
CAB-16AWG-AC

1
1
1

Cisco Bladeswitch 1M stack cable
Catalyst 2960-X 24 GigE PoE 370W, 2 x 10G SFP+, LAN Base
AC Power cord, 16AWG

11

SFP-H10GB-CU1-5M=

1

10GBASE-CU SFP+ Cable 1.5 Meter
Group C: Access Switches

92 of 331

Burbank USD - DSC
Office: Valencia

Account Manager: Evan Clarke

Address: 27202 West Turnberry Lane Suite 100

Quote Name: Burbank USD Yr 17 - DSC - v5

Phone Number: 661-775-2881

City/State/Zip: Valencia CA 91355

Quote Number: A-108834

Inside AM: Courtney Beckford

Valid Until: 5/6/2014

Group E: Wireless Access Points
1
2
3
4

AIR-CAP2702I-A-K9
AIR-AP-BRACKET-1
AIR-AP-T-RAIL-R
SWAP2700-CMB-A1-K9

2
2
2
2

802.11ac CAP w/CleanAir; 3x4:3SS; Int Ant; A Reg Domain
802.11n AP Low Profile Mounting Bracket (Default)
Ceiling Grid Clip for Aironet APs - Recessed Mount (Default)
Cisco Custom Device
Group E: Wireless Access Points

$700.80
$0.00
$0.00
$0.00
$700.80
$700.80

$350.40
Included
Included
Included

68.00%

$1,095.00
$0.00
$0.00
$0.00

$31,000.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$31,000.00
$18,600.00
$0.00
$0.00
$0.00
$0.00
$0.00
$18,600.00
$49,600.00

$31,000.00
Included
Included
Included
Included
Included
$0.00

69.00%

$100,000.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00

$18,600.00
Included
Included
Included
Included
$0.00

69.00%

$60,000.00
$0.00
$0.00
$0.00
$0.00
$0.00

$0.00
$0.00
$0.00
$29.45
$10.85
$7.75
$21,390.00
$7,486.50
$8,365.35
$2,929.50
$0.00
$40,219.40
$4,648.45
$0.00
$0.00
$4,648.45
$6,818.45
$0.00
$0.00
$0.00
$6,818.45
$0.00
$13,167.25
$13,167.25
$64,853.55

$0.00
Included
Included
$29.45
$10.85
$7.75
$21,390.00
$7,486.50
$2,788.45
$976.50
$0.00

Group F: Wireless Controllers
1
2
3
4
5
6
7

AIR-CT8510-500-K9
AIR-PWR-CORD-NA
AIR-CT8510-K9
LIC-8500-BASE
LIC-CT8500-500
PI-MSE-PRMO-INSRT
AIR-CT8510-SW-7.6

1
2
1
1
1
1
1

Cisco 8500 Series Wireless Controller Supporting 500 Aps
AIR Line Cord North America
Base PID for Cisco 8500 Series Wireless Controller
8500 Base License
500 AP License for Cisco 8500 Wireless Controller
Insert, Packout - PI-MSE
Cisco 8510 Wireless Controller SW Rel. 7.6

8
9
10
11
12
13

AIR-CT8510-HA-K9
AIR-PWR-CORD-NA
AIR-CT8510-K9
LIC-8500-BASE
PI-MSE-PRMO-INSRT
AIR-CT8510-SW-7.6

1
2
1
1
1
1

Cisco 8510 Series High Availability Wireless Controller
AIR Line Cord North America
Base PID for Cisco 8500 Series Wireless Controller
8500 Base License
Insert, Packout - PI-MSE
Cisco 8510 Wireless Controller SW Rel. 7.6
Group F: Wireless Controllers

Group G: Network Management System
1
2
3
4
5
6
7
8
9
10
11

R-PI2X-K9
L-PILMS42-KIT
L-PILMS42A-1K
L-PI2X-BASE
UCSS-UPIB-5-1
R-PI20-SW-K9
L-PI2X-LF-1K
UCSS-UPIL-5-1K
L-PI2X-AS-100
UCSS-UPIA-5-100
CON-ESW-PI2XK9B

1
1
1
1
1
1
1
1
3
3
1

Cisco Prime Infrastructure 2.x
Prime Infrastructure - LMS License Kit
Prime Infrastructure LMS 4.2A - 1K Device Base Lic
Prime Infrastructure 2.x Base License
Prime Infra Base PASS-5yr
Prime Infrastructure 2.0 Software
Prime Infrastructure 2.x - Lifecycle - 1K Device Lic
Prime Infra Lifecycle 1K PASS-5yr
Prime Infrastructure 2.x - Assurance - 100 Device Lic
Prime Infra Assurance 100 PASS-5yr
ESSENTIAL SW NULL SKU-No line item services included

12
13
14

PRIME-NCS-APL-K9
AIR-PWR-CORD-NA
PI-APL-IMAGE-1.2

1
2
1

Cisco Prime Network Control System Hardware Appliance
AIR Line Cord North America
Cisco Prime Infrastructure 1.2 Appliance Software

15
16
17
18

AIR-MSE-3355-K9
SWMSE3355K9
AIR-PWR-CORD-NA
PI-MSE-PRMO-INSRT

1
1
2
1

MSE 3355 Hardware SKU (Please select L-MSE-PAK for MSE Lic)
Cisco 3355 Mobility Services Engine SW
AIR Line Cord North America
Insert, Packout - PI-MSE

19
20

L-MSE-PAK
L-LS-100AP

1
5

MSE License PAK (E Delivery)
100 AP Base Location Services license
Group G: Network Management System

93 of 331

60

60
60
12

69.00%
69.00%
69.00%
69.00%
69.00%
69.00%
69.00%

$0.00
$0.00
$0.00
$95.00
$35.00
$25.00
$69,000.00
$24,150.00
$8,995.00
$3,150.00
$0.00

$4,648.45
Included
Included

69.00%

$14,995.00
$0.00
$0.00

$6,818.45
Included
Included
Included

69.00%

$21,995.00
$0.00
$0.00
$0.00

$0.00
$2,633.45

69.00%

$0.00
$8,495.00

Burbank USD - DSC
Office: Valencia

Account Manager: Evan Clarke

Address: 27202 West Turnberry Lane Suite 100

Quote Name: Burbank USD Yr 17 - DSC - v5

Phone Number: 661-775-2881

City/State/Zip: Valencia CA 91355

Quote Number: A-108834

Inside AM: Courtney Beckford

Valid Until: 5/6/2014

Group H: Network Access Control System
1
2

L-ISE-W-S-2500=
ISE-W-5YR-2500

1
1

Cisco ISE 2500 EndPoint Wireless Subscription License
Cisco ISE 5-Yr 2500 EndPoint Wireless License

3
4
5
6
7
8
9
10
11
12
13
14

SNS-3415-K9
ISE-SNS-ACCYKIT
SNS-4GBSR-1X041RY
SNS-600GB-HDD
SNS-650W-PSU
SNS-CPU-2609-E5
SNS-N2XX-ABPCI01
SNS-RAID-ROM5
SNS-UCS-TPM
SW-3415-ISE-K9
CAB-C13-C14-2M
CON-SNT-SNS3415

2
2
8
2
2
2
2
2
2
2
2
2

Small Secure Network Server for ISE, NAC, & ACS Applications
ISE SNS Accessory Kit
4GB 1600 Mhz Memory Module
600 GB Hard Disk Drive
650W power supply for C-series rack servers + cord (configur
2.4 GHz E5-2609/80W 4C/10MB Cache/DDR3 1600MHz
Broadcom 5709 Dual Port 10/100/1Gb NIC w/TOE iSCSI
Embedded SW RAID 0/1/10, 8 ports SAS/SATA
Trusted Platform Module for UCS servers
Cisco ISE Software version 1.2 for the SNS-3415-K9
Power Cord Jumper, C13-C14 Connectors, 2 Meter Length
SMARTNET 8X5XNBD Small Secure Network
Group H: Network Access Control System

$0.00
$19,220.00
$19,220.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$7,433.80
$0.00
$2,478.00
$9,911.80
$29,131.80

$0.00
$19,220.00

$27,300.00
$27,300.00
$2,168.45
$0.00
$2,168.45
$2,168.45

$0.00
Included
Included
Included
Included
Included
Included
Included
Included
$3,716.90
$0.00
$1,239.00

60

69.00%

$0.00
$62,000.00

25.00%

$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$11,990.00
$0.00
$1,652.00

$100.00

0.00%

$100.00

$2,168.45
$0.00

69.00%

$6,995.00
$0.00

69.00%
12

Group I: Training
1

TRN-CLC-004

273

1 Prepaid Training Credits:Redeem W/Cisco Learning Partners
Group I: Training

Spares
1
2

WS-C2960X-48LPD-L
CAB-C15-CBN

1
1

Catalyst 2960-X 48 GigE PoE 370W, 2 x 10G SFP+ LAN Base
Cabinet Jumper Power Cord, 250 VAC 13A, C14-C15 Connectors
Spares

Engineering Notes:

This Quote includes Materials, Professional Services and Manufacturer Warranty as indicated above.
Installation pricing estimated, pending completed Scope of Work.

Cisco Learning Credits expire one year from purchase. Credits must be used and Training take place BEFORE the expiration date

94 of 331

Burbank USD - DSC
Office: Valencia

Account Manager: Evan Clarke

Address: 27202 West Turnberry Lane Suite 100

Quote Name: Burbank USD Yr 17 - DSC - v5

Phone Number: 661-775-2881

City/State/Zip: Valencia CA 91355

Quote Number: A-108834

Inside AM: Courtney Beckford

Valid Until: 5/6/2014

Equipment Total
Warranty & Other Services Total

$208,251.90
$141,955.00

Schedule A Subtotal:

$350,206.90

Nexus Care Subtotal:

$0.00

Professional Services Total:

$103,140.85

Shipping & Handling:
Estimated Sales Tax (9%):

$4,044.69
$18,742.67

Total Investment:

$476,135.12

Nexus Care support plan not included. Additional Managed Services will be billed at Time and Materials Rates
____________

PAYMENT TERMS:
100% (Net 30 - Material - 100%)

(Net 30 - Labor - 50%)

Customer Initials

$476,135.12

(Upon Completion - Labor - 50%)

___________

Customer Initials

ESTIMATED LEASE PAYMENTS: Estimated Payment is based on a 60 Month Lease
$3,852.66
$13,152.13
$17,004.79
$1,993.71
$18,998.50

Payment for Leasing Hardware
Payment for Leasing based on purchasing 5 years of warranty currently 1 Year of warranty in the quote.

Total Lease Payment for Equipment and Warranty*
Payment for Leasing for Professional Services

Total Lease Payment for Equipment, Warranty and Professional Services*
* Nexus Care is not included in Estimated Lease Payments
"The materials contained and expressed in this proposal represent the exclusive intellectual property of NEXUS IS and are intended for use of the customer.
Any reproduction, distribution, or unauthorized sharing of this information without the express written consent of NEXUS IS executive authority is strictly prohibited."

CLIENT SIGNATURE BELOW ACKNOWLEDGES THAT CLIENT HAS READ AND ACCEPTED THE TERMS AND CONDITIONS OF THE ABOVE REFERENCED CONTRACT.
THE CLIENT AUTHORIZES NEXUS IS TO OBTAIN CREDIT INFORMATION PRIOR TO ACCEPTING THIS ORDER.

Client Name:

Nexus IS Name:

Title:

Title:

Signature:

Signature:

Date:

Date:

This Budgetary Schedule-M is designed to illustrate and compare service options; final device count and pricing must be validated. Final pricing may be adjusted at time of Service Activation to
match actual Device Count. Only a mutually executed Service Agreement and validated Service Activation notification contain contractual terms and conditions. All pricing subject to change.

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CISCO
Burbank Unified School District
May 15th, 2014

Charles Poovakan,
Director of I.T. and Educational Support

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MARKET LEADER
AND RANKINGS

Gartner’s 2013 Magic Quadrant for Wired and
Wireless LAN Access Infrastructure

2012
2013

97 of 331

STRATEGIC PARTNERS AND ECOSYSTEM

98 of 331

CISCO VENDORS AND SUPPORT

BRAND X

99 of 331

CISCO TRAINING AND LEARNING RESOURCES

Cisco Training
Centers
Within
15 Mile Radius

Brand X Training
Centers
Within
250 Mile Radius

At a major online book retailer:
• There were over 1,000 Books on Cisco
• There were less than a handful on Brand X

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COST COMPARISON

Cisco

$578.44

Cisco

$3,347.11

Cisco

$11,404.19

BRAND X

$757.59

BRAND X

$2,614.45

BRAND X

$12,335.67

Description

Nexus CMAS Contract

Quintron Bid

District Service Center

$476,136.12

$486,481.07

Monterey

$55,329.88

$52,012.39

Harte

$96,780.14

$95,769.86

Emerson

$78,745.46

$75,611.98

TOTAL

$706,991.61

$709,875.30

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Burbank Unified School District
Facilities Services
REPORT TO THE BOARD

TO:

Members of the Board of Education

FROM:

David Jaynes, Assistant Superintendent, Administrative Services

PREPARED BY:

Craig Bell, Director of Facilities

SUBMITTED BY:

Brenda Ritchie, Construction & Operations Secretary

DATE:

May 15, 2014

SUBJECT:

Approval of Lease-Leaseback Guaranteed Maximum Price (GMP) (Bond Funds)

Background:
The Burbank Unified School District solicited Statements of Qualifications (SOQ 1314-038) from qualified
contractors with experience with construction of public projects in Southern California. On December 19, 2013
the Board of Education approved a list of three (3) qualified contractors to provide construction services for
upcoming projects. Aire Masters Air Conditioning Inc. was one of those contractors.
District Wide Goals for 2013-2014:
7.1
7.6

Strive to emphasize that all facilities, grounds, playfields, and equipment be clean, safe, and secure.
Implement G.O. Bond project list according to timeline.

Discussion/Issues:
The replacement of classroom HVAC units at Jordan Middle School is a project scheduled to be completed this
summer.
District staff presented the completed plans for this project to two of the selected three SOQ contractors selected
on the basis of their expertise of this type of specialized construction. ACCO Engineered Systems submitted a
bid of $1,334,000 and Aire Masters Air Conditioning Inc. submitted a bid of $757,642.03. District staff has
determined this project can be most effectively and efficiently constructed by entering into a Lease-Leaseback
Agreement, a Site Lease, and a Sublease Agreement with Aire Masters Air Conditioning Inc.
Fiscal Impact:
$757,642.03 Bond Funds (21.0-92070-0-00000-85000-6230-3210000)
Recommendation:
David Jaynes, Assistant Superintendent, Administrative Services, recommends that the Board of Education
approve the “Guaranteed Maximum Price” (GMP) agreement between Burbank Unified School District and
Aire Masters Air Conditioning Inc., not to exceed $757,642.03 (21.0-92070-0-00000-85000-6230-3210000),
effective May 16, 2014 through August 14, 2014 for the HVAC Replacement at Jordan Middle School project,
and that authority to sign the agreement be exercised pursuant to BUSD-AR 3314, as presented.

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LEASE-LEASEBACK AGREEMENT
Dated as of May 16, 2014
Between
Burbank Unified School District
and
Aire Masters Air Conditioning Inc. Construction Company

Jordan Middle School HVAC Replacement Project
Jordan Middle School
420 S. Mariposa St.
Burbank, CA 91506

{SR112258.DOC} Jordan Middle School HVAC Replacement Project

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LEASE-LEASEBACK AGREEMENT
Jordan Middle School HVAC Replacement

THIS LEASE-LEASEBACK AGREEMENT (this “Agreement”) is entered into as of May
15, 2014, by and between the Burbank Unified School District, a school district organized and existing
under the laws of the State of California (hereinafter called the “Owner”), and Aire Masters Air
Conditioning Inc. Construction Company, a corporation and contractor licensed by the State of
California, with its principal place of business at 12556 McCann Dr. Santa Fe Springs, CA 90670
(hereinafter called “Contractor”). Owner and Contractor together are the “Parties” to this Agreement.
RECITALS:
WHEREAS, the Owner intends to have constructed HVAC Replacement (the “School
Facilities”) on the campus of the Jordan Middle School, located at 420 S. Mariposa St., Burbank, CA
91506; and
WHEREAS, in order to optimize the work that needs to be done for construction of the School
Facilities, the Owner has determined that it is necessary to begin work as soon as possible so that the
Project can be performed in a timely, cost-effective, and cooperative manner to meet the Owner’s
compressed time schedule for the planned completion and use of the School Facilities; and
WHEREAS, the Owner intends to undertake work, the scope of which is described generally
in Exhibit A hereof at the School Facilities (the “Project”); and
WHEREAS, California Education Code Section 17406 permits the governing board of school
district, without advertising for bids, to lease to any person, firm, or corporation any real property
owned by the school district if the instrument by which such property is leased requires the lessee to
construct on the leased premises, or provide for the construction thereon, of a building for the use of
the school district during the term of the lease, and provides that title to that building shall vest in the
school district at the expiration of the lease; and
WHEREAS, in connection with the approval of this Agreement, the Owner will enter into a
site lease with Contractor (the “Site Lease”), under which it will lease the Project site described and
depicted in Exhibit A of the Site Lease (the “Site”) to Contractor in order for Contractor to construct
the Project as described in the Scope of Work set forth in Exhibits A and B to this Agreement (the
“Scope of Work”); and
WHEREAS, Contractor will lease the Site and the Project back to the Owner pursuant to a
Sublease Agreement (the "Sublease"), under which the Owner will be required to make lease payments
to Contractor for the use and occupancy of the Site, including the Project; and
WHEREAS, upon completion of the Project or termination of the Agreement, the Site Lease
and Sublease automatically will terminate and title to the Site and Project automatically will vest with
the Owner; and
WHEREAS, the Owner and Contractor desire to enter into this Agreement to ensure that the
Jordan Middle School HVAC Replacement Project
{SR112258.DOC}1

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Project will meet the Owner 's expectations prior to the lease of the Site back to the Owner pursuant to
the Sublease; and
WHEREAS, Contractor is experienced in the design and construction of the type of School
Facilities and type of work desired by the Owner and is willing to perform said construction work for
the Owner, all as more fully set forth this Agreement.
NOW, THEREFORE, in consideration of the covenants hereinafter contained, the Owner and
Contractor agree as follows:
TERMS AND CONDITIONS:
ARTICLE I. SCOPE OF WORK. The Contractor agrees to furnish all labor, equipment and
materials, including tools, implements, and appliances required, and to perform all the work in a good
and workmanlike manner, free from any and all liens and claims from mechanics, material suppliers,
subcontractors, artisans, machinists, teamsters, freight carriers, and laborers required for:
HVAC REPLACEMENT PROJECT
AT JORDAN MIDDLE SCHOOL
LOS ANGELES COUNTY, CALIFORNIA,
DSA APPLICATION #A03-115645
all in strict compliance with the plans, drawings and specifications therefore prepared by:
Osborn Architects
320 E Harvard St.
Glendale, CA 91205-1019
(818) 246-3112
(818) 246-3567 - FAX
and other contract documents relating thereto.
In accordance with Section 3300 of the Public Contract Code, Contractor has a Class “B” license that
Contractor shall maintain in good standing for the duration of Contractor’s work on the Project.
ARTICLE II. CONTRACT DOCUMENTS. The Contractor and the Owner agree that this
Agreement, all of the documents listed in Article 1.1.1 of the General Conditions attached hereto (the
“General Conditions”), the Site Lease, and the Sublease, together form the “Contract Documents,”
which form the “Contract.”
ARTICLE III. TIME TO COMPLETE AND LIQUIDATED DAMAGES. Time is of the essence
in this contract, and the time of completion for this Project shall be seventy-six (76) days from the date
established in the Owner's Notice to Proceed, for completion of the entire Project.
Failure to complete the Project within these times and in the manner provided for by the Contract
Documents shall subject the Contractor to liquidated damages. For purposes of liquidated damages,
the concept of substantial completion shall not constitute completion and is not part of this agreement.
The actual occurrence of damages and the actual amount of the damages which the Owner would
Jordan Middle School HVAC Replacement Project
{SR112258.DOC}2

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suffer if the Project were not completed within the specified times set forth are dependent upon many
circumstances and conditions which could prevail in various combinations and, from the nature of the
case, it is impracticable and extremely difficult to fix the actual damages. Damages that the Owner
would suffer in the event of delay include, but are not limited to, loss of the use of the Project,
disruption of activities, costs of administration, supervision and the loss suffered by the public.

Accordingly, the parties agree that the following dollar figure shall be the amount of damages which
the Owner shall directly incur upon failure of the Contractor to complete the Project within the times
specified: $500 , for each calendar day by which completion of the Project, or portion thereof, is
delayed beyond the completion dates specified above.
If the Contractor becomes liable under this section, the Owner, in addition to all other remedies
provided by law, shall have the right to withhold any and all retained percentages of payments, and to
collect the interest thereon, which would otherwise be or become due the Contractor until the liability
of the Contractor under this section has been finally determined. If the retained percentage is not
sufficient to discharge all liabilities of the Contractor incurred under this Article, the Contractor and its
sureties shall continue to remain liable to the Owner for such liabilities until all such liabilities are
satisfied in full.
If the Owner accepts any work or makes any payment under this Agreement after a default by reason
of delays, the payment or payments shall in no respect constitute a waiver or modification of any
Agreement provisions regarding time of completion and liquidated damages.
ARTICLE IV. GUARANTEED MAXIMUM PRICE. Contractor’s Guaranteed Maximum Price
(“GMP”) for performance of all work required by the Contract for the Project shall be $757,642.03,
based upon the Scope of Work set forth in Exhibits A and B of this Agreement. Except as otherwise
provided in the General Conditions, the Contractor shall assume the risk of all costs in excess of the
GMP in the performance of such work and shall not be entitled to additional payments because of such
excess costs. Should the Contractor believe that it is entitled to an increase in the GMP or a time
extension for completion, it must request it pursuant to the procedures in the General Conditions for
change orders and claims. The GMP is also referred to in the Contract as the “Contract Sum.” The
Contractor’s cost breakdown of the GMP is attached (see Exhibit C) as Contractor’s schedule of values
for the Project, as required by Section 9.2.1.A of the General Conditions.
Contractor shall finance the cost of construction of the Project, which costs shall not exceed the GMP,
except as otherwise provided in the Contract. The Owner shall pay Contractor sublease payments
pursuant to the terms and conditions of Section 6 of the Sublease (the "Sublease Payments"), which
terms and conditions include the retention described in Section 6 of the Sublease (the “retention”).
The sum of the Sublease Payments shall not exceed the GMP established pursuant to Article IV hereof.
Retention or release of the Sublease Payments shall be in accordance with the General Conditions.
ARTICLE V. CHANGES. Changes in this Agreement or in the Work to be done under this
Agreement shall be made as provided in the General Conditions.
ARTICLE VI. TERM AND TERMINATION. The term of the Contract begins on the date shown
on page 1 above and automatically ends when the Contract is terminated, all in accordance with the
General Conditions. All of the covenants, representations and warranties set forth in the Contract,
Jordan Middle School HVAC Replacement Project
{SR112258.DOC}3

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including indemnification obligations, that are intended to bind the Parties after the completion of the
Project or termination of the Contract will survive such completion or termination for the periods
provided for in the Contract or otherwise allowed by law. The Owner or Contractor may terminate the
Contract as provided in the General Conditions. The Site Lease and the Sublease each shall
automatically end upon such completion of the Project or termination of the Contract, with the parties’
respective leasehold interests thereunder automatically ended and released, and title to the Site and
Project automatically and fully vested in the Owner.
ARTICLE VII. PREVAILING WAGES. Pursuant to the provisions of Section 1770 et seq. of the
Labor Code of the State of California, which are hereby incorporated by reference and made a part
hereof, the Director of Industrial Relations has determined the general prevailing rate of per diem
wages and the general prevailing rate for holiday and overtime work in the locality in which the work
is to be performed, for each craft, classification or type of worker needed to execute this Contract. Per
diem wages shall be deemed to include employer payments for health and welfare, pension, vacation,
apprenticeship or other training programs, and similar purposes. Copies of the rates are on file at the
Owner's principal office. The rate of prevailing wage for any craft, classification or type of
workmanship to be employed on this Project is the rate established by the applicable collective
bargaining agreement which rate so provided is hereby adopted by reference and shall be effective for
the life of this Agreement or until the Director of the Department of Industrial Relations determines
that another rate be adopted. It shall be mandatory upon the Contractor and on any subcontractor to pay
not less than the said specified rates to all workers employed in the execution of this Agreement.
The Contractor and any subcontractor under the Contractor as a penalty to the Owner shall forfeit not
more than Two Hundred Dollars ($200.00) for each calendar day or portion thereof for each worker
paid less than the stipulated prevailing rates for such work or craft in which such worker is employed.
The difference between such stipulated prevailing wage rates and the amount paid to each worker for
each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing
wage rate shall be paid to each worker by the Contractor.
The Contractor and each Subcontractor shall keep or cause to be kept an accurate record for work on
this Project showing the names, addresses, social security numbers, work classification, straight time
and overtime hours worked and occupations of all laborers, workers and mechanics employed by them
in connection with the performance of this Contract or any subcontract thereunder, and showing also
the actual per diem wage paid to each of such workers, which records shall be open at all reasonable
hours to inspection by the Owner, its officers and agents and to the representatives of the Division of
Labor Law Enforcement of the State Department of Industrial Relations.
Projects using state bond funds are subject to labor compliance monitoring and investigative activities
by the Compliance Monitoring Unit (“CMU”) of the Division of Labor Standards Enforcement,
Department of Industrial Relations of the State of California (“DIR”), in conformance with Labor
Code sections 1771.55 and 1771.75, and subchapter 4.5 (commencing with section 16450) of title 8 of
the California Code of Regulations. A pre-job conference shall be held with the Contractor and
Subcontractors to discuss federal and state labor law requirements applicable to the Project. The
Contractor and Subcontractors shall furnish certified payroll reports to CMU on a weekly basis, using
either the format prescribed by section 16401 of title 8 of the California Code of Regulations, or using
CMU’s electronic certified reporting system (“eCPR”). CMU may require the Contractor and
Subcontractors to furnish certified payroll reports to CMU using eCPR. CMU shall review, and may
confirm or audit payroll records to verify compliance with Chapter 1, Part 7 of Division 2 of the
Jordan Middle School HVAC Replacement Project
{SR112258.DOC}4

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California Labor Code. CMU may also conduct on-site visits to each Project job site at its discretion.
Contractor shall display a mandatory poster at the Project job site as described by 16451, subd. (d), of
title 8 of the California Code of Regulations. Owner shall withhold contract payments when CMU
issues Owner a notice to withhold such payments upon a finding by CMU that payroll records are
delinquent or inadequate. In addition to withholding contract payments based on delinquent or
inadequate payroll records, penalties may be assessed for failure to timely comply with a written
request for certified payroll records. Further, upon a finding by CMU that Contractor is liable for
unpaid wages or penalties, the Labor Commissioner may issue and serve a Civil Wage and Penalty
Assessment.
ARTICLE VIII. WORKING HOURS. In accordance with the provisions of Sections 1810 to 1815,
inclusive, of the Labor Code of the State of California, which are hereby incorporated and made a part
hereof, the time of service of any worker employed by the Contractor or a Subcontractor doing or
contracting to do any part of the Work contemplated by this Agreement is limited and restricted to 8
hours during any one calendar day and 40 hours during any one calendar week, provided, that work
may be performed by such employee in excess of said 8 hours per day or 40 hours per week provided
that compensation for all hours worked in excess of 8 hours per day, and 40 hours per week, is paid at
a rate not less than 1½ times the basic rate of pay. The Contractor and every Subcontractor shall keep
an accurate record showing the name of and the actual hours worked each calendar day and each
calendar week by each worker employed by them in connection with the Work. The Contractor and
every Subcontractor shall keep the records open at all reasonable hours to inspection by representatives
of the Owner and the Division of Labor Law Enforcement. The Contractor shall as a penalty to the
Owner forfeit $25.00 for each worker employed in the execution of this Agreement by the Contractor
or by any subcontractor for each calendar day during which such worker is required or permitted to
work more than 8 hours in any one calendar day, and 40 hours in any one calendar week, except as
herein provided.
ARTICLE IX. APPRENTICES. The Contractor agrees to comply with Chapter 1, Part 7, Division 2,
Sections 1777.5 and 1777.6 of the California Labor Code, which are hereby incorporated and made a
part hereof. These sections require that contractors and subcontractors employ apprentices in
apprenticeable occupations in a ratio of not less than 1 hour of apprentice's work for each 5 hours of
work performed by a journeyman (unless an exemption is granted in accordance with Section 1777.5)
and that contractors and subcontractors shall not discriminate among otherwise qualified employees as
indentured apprentices on any public works solely on the ground of sex, race, religious creed, national
origin, ancestry or color. Only apprentices as defined in Labor Code Section 3077, who are in training
under apprenticeship standards and who have signed written apprentice agreements, will be employed
on public works in apprenticeable occupations. The responsibility for compliance with these provisions
is fixed with the Contractor for all apprenticeable occupations.
ARTICLE X. INDEMNIFICATION, INSURANCE AND BONDS. The Contractor will defend,
indemnify and hold harmless the Owner, its governing board, officers, agents, trustees, and employees
against and from any and all liability for damages on account of injury to or death of persons or
damage to property or delay or damage to another contractor resulting from or arising out of or in any
way connected with the performance by the Contractor of this Agreement and reimburse the Owner for
all costs, attorney's fees, expenses and loss incurred by it in consequence of any claims, demands, and
causes of action which may be brought against it arising out of the performance by the Contractor of
this Agreement. This indemnification shall be in addition to the other indemnification provisions
contained in the Contract Documents.
Jordan Middle School HVAC Replacement Project
{SR112258.DOC}5

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By this statement the Contractor represents that it has secured the payment of Workers' Compensation
in compliance with the provisions of the Labor Code of the State of California and during the
performance of the work contemplated herein will continue so to comply with said provisions of said
Code. The Contractor shall supply the Owner with certificates of insurance evidencing that Workers'
Compensation Insurance is in effect and providing that the Owner will receive 30 days' notice of
cancellation.
Contractor shall provide the insurance set forth in the General Conditions. The amount of general
liability insurance shall be $1,000,000 per occurrence for bodily injury, personal injury, and property
damage, and the amount of automobile liability insurance shall be $2,000,000 per accident for bodily
injury and property damage combined single limit.
Contractor shall provide the bonds set forth in the General Conditions, including performance and
payments bonds.
ARTICLE XI. ENTIRE AGREEMENT. The Contract constitutes the entire agreement between the
Parties, and supersedes any prior or contemporaneous agreement between the Parties, oral or written,
unless such agreement is expressly incorporated herein. The Owner makes no representations or
warranties, express or implied, not specified in the Contract. The Contract is intended as the complete
and exclusive statement of the Parties’ agreement pursuant to Code of Civil Procedure section 1856.
ARTICLE XII. EXECUTION OF OTHER DOCUMENTS. The Parties to this Agreement shall
cooperate fully in the execution of any and all other documents and in the completion of any additional
actions that may be necessary or appropriate to give full force and effect to the terms and intent of the
Contract.
ARTICLE XIII. EXECUTION IN COUNTERPARTS. This Agreement may be executed in
counterparts such that the signatures may appear on separate signature pages. A copy, or an original,
with all signatures appended together, shall be deemed a fully executed Agreement.
ARTICLE XIV. BINDING EFFECT. Contractor, by execution of this Agreement, acknowledges
that Contractor has read this Agreement and the other Contract Documents, understands them, and
agrees to be bound by their terms and conditions. The Contract shall inure to the benefit of and shall be
binding upon the Contractor and the Owner and their respective successors and assigns.
ARTICLE XV. SEVERABILITY. If a court of competent jurisdiction shall hold any provision of the
Contract invalid or unenforceable, such holding shall not invalidate or render unenforceable any other
provision hereof. The laws of the State of California shall govern the Contract. Any action or
proceeding seeking any relief under or with respect to this Agreement shall be brought solely in the
Superior Court of the State of California for the County of Los Angeles, subject to transfer of venue
under applicable State law.
ARTICLE XVI. AMENDMENTS. The terms of the Contract shall not be waived, altered, modified,
supplemented, or amended in any manner whatsoever except by written agreement signed by the
Parties and approved or ratified by the Governing Board.
ARTICLE XVII. ASSIGNMENT OF CONTRACT. The Contractor shall not assign or transfer by
Jordan Middle School HVAC Replacement Project
{SR112258.DOC}6

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operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior
written consent of the surety on the payment bond, the surety on the performance bond, and the Owner.
ARTICLE XVIII. WRITTEN NOTICE. Written notice shall be deemed to have been duly served if
delivered in person to the individual or member of the firm or to an officer of the corporation for
whom it was intended, or if delivered at or sent by registered or certified or overnight mail to the last
business address known to the person who gives the notice.
ARTICLE XIX. EXHIBITS INCORPORATED. All Exhibits attached to this Agreement are hereby
incorporated into the Agreement by this reference as if set forth in full.
ARTICLE XX. SELECTION OF SUBCONTRACTORS; DVBE. In the interest of minimizing the
expenditure of funds for the construction of the Project, the Contractor agrees to select appropriately
licensed subcontractors for each trade component of the Project in a manner that fosters competition.
Contractor agrees that it has solicited or will solicit bids from subcontractors according to a process
whereby Contractor publishes a notice of the trade components of the Project _____N/A_______
[insert timing of publication and newspaper] and enters into competitive bidding negotiations with
the potential subcontractors who have successfully participated, or will successfully participate, in
Contractor’s pre-qualification process. Further, unless the Parties otherwise agree in writing, on a
trade by trade basis, Contractor made or shall make every reasonable effort to ensure that it receives at
least three competitive quotes from subcontractors for each trade component of the Project (including
each trade component that Contractor proposes to undertake with its own forces). Contractor shall
inform all bidders that the Owner will not be a party to any contracts for construction services executed
by the Contractor and selected bidders. However, the Owner reserves the right to oversee the bidding
process, and in no case will the Contractor award any subcontracts until the Owner has concurred with
the selection, scope, and price of the subcontracted services. Contractor shall submit a listing of
proposed subcontractors with associated breakdown of bid values to the Owner for the Owner’s
review. In addition, at the Owner’s request, Contractor shall provide the Owner with full
documentation regarding the bids or competitive quotes received by the Contractor. In no event shall
such documentation be redacted or obliterated. If Contractor does not comply with this provision, the
Owner may terminate this Agreement in accordance with the General Conditions. Following Owner’s
concurrence with the selection, scope, and price of subcontracted services, Contractor shall not make
any changes in same without Owner’s express written approval of the proposed changes, which
approval shall be in Owner’s sole discretion. Owner reserves the right to terminate this Agreement in
accordance with the General Conditions if Contractor does not comply with this provision.
Compliance with Disabled Veteran Business Enterprise (DVBE) contracting goals is required for this
Project. In accordance with Education Code section 17076.11 the Owner has a DVBE participation
goal of 3% per year of the overall dollar amount of state funds allocated to the Owner pursuant to the
Leroy F. Green School Facilities Act of 1998, and expended each year by the Owner for this Project.
The Owner is seeking DVBE participation under this Agreement.
The Contractor must make a good faith effort to contact and utilize DVBE subcontractors and
suppliers in securing bids, in the manner set forth in this Article XX, for performance of the Project.
Information regarding certified DVBE firms can be obtained from the Office of Small Business and
DVBE Services (OSDS) at (916) 375-4940 or (916) 322-5060 as well as the OSDS website at
http://www.dgs.ca.gov/pd/Programs/OSDS.aspx. Verification of DVBE status must be obtained from
the OSDS by receiving an approved certification letter and reference number from that office.
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Contractor is required, as a material condition of this Agreement, to retain documentation of its good
faith efforts in utilizing DVBE’s for this Project, for submission to the Owner or to the applicable state
agency in the event such documentation is requested.
Good faith efforts are demonstrated by evidence of the following: (a) contact was made with the
Owner regarding the identification of DVBE; (b) contact was made with other state agencies and with
local DVBE organizations to identify DVBE’s; (c) advertising was published in trade papers and other
papers focusing on DVBE’s; (d) invitations to bid or proposal solicitations were submitted to potential
DVBE contractors; and (e) available DVBE’s were considered. Contractor shall certify, under penalty
of perjury, that a good faith effort was made to include DVBE subcontractors and suppliers in the
Project.
Prior to, and as a condition precedent for the release of any retention withheld from Sublease payments
made to Contractor by the Owner pursuant to Section 6 of the Sublease, the Contractor shall provide
the Owner with written documentation identifying the amount paid to certified DVBE subcontractors
and suppliers in performance of the Project. The Contractor shall also provide the Owner with a copy
of the DVBE Certification Letter issued by OSBDS for each DVBE that has participated in the Project.
This documentation will be used by the Owner to evaluate its success in meeting its DVBE
participation goal.
********************
IN WITNESS WHEREOF, the Parties have, by their duly authorized representatives, executed this
Agreement, in duplicate, as of the day and year first above written.
CONTRACTOR:
Aire Masters Air Conditioning Inc. Construction Company, a California Corporation
BY:
___________________________________
TITLE:
President
BY:
___________________________________
TITLE:
Corporate Secretary
___________________________
CONTRACTOR'S LICENSE NO.

___________________________
LICENSE EXPIRATION DATE

OWNER:
Burbank Unified School District
BY:

________________________________________
David Jaynes
Assistant Superintendent, Administrative Services

NOTE:
Contractor must give the full business address of the Contractor and sign with Contractor’s
usual signature. Partnerships must furnish the full name of all partners and the Agreement must be signed in the
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partnership name by a general partner with authority to bind the partnership in such matters, followed by the
signature and designation of the person signing. The name of the person signing shall also be typed or printed
below the signature. Corporations must sign with the legal name of the corporation, followed by the name of the
state of incorporation and by the signature and designation of the chairman of the board, president or any vice
president, and then followed by a second signature by the secretary, assistant secretary, the chief financial
officer or assistant treasurer. All persons signing must be authorized to bind the corporation in the matter. The
name of each person signing shall also be typed or printed below the signature. Satisfactory evidence of the
authority of the officer signing on behalf of a corporation shall be furnished.

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EXHIBIT A - Lease-Leaseback Agreement
SCOPE OF WORK
Burbank Unified School District
HVAC Replacement Project
At Jordan Middle School
DSA Application #03-115645
The GMP for construction costs is based on the plans, specifications, drawings, and design packages
prepared by Osborn Architects, architects for the Owner. The detailed Scope of Work is set forth in
said plans, specifications, drawings, and design packages, which are incorporated herein by this
reference.

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EXHIBIT B - Lease-Leaseback Agreement

Burbank Unified School District
HVAC Replacement Project
At Jordan Middle School
The Parties hereby agree that the following are hereby incorporated into the Scope of Work for the
Project:
[INSERT ANY MODIFICATIONS TO SCOPE OF WORK]
NO EXHIBIT B

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EXHIBIT C - Lease-Leaseback Agreement

Burbank Unified School District
HVAC Replacement Project
At Jordan Middle School
The Parties hereby agree that the following document is Contractor’s submission of its schedule of
values, per General Conditions Section 9.2.1.A. Upon the Board’s approval of this Agreement, the
District will review this submission pursuant to Section 9.2.2 of the General Conditions.

[ATTACH EXHIBIT]

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2008 G.C. Template
A
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40

B

CSI
DESCRIPTION
SECTION
Jordan MS
01
GENERAL REQUIREMENTS

01710
01710

C
AMOUNT

D
ITEM
QUANTITY

E
UNIT
PRICE

3,500.00 $

3,500.00

SUPERVISION DAYS

5.00

720.00 $

3,600.00

JOB TOILETS

2.00

300.00 $

600.00

DUMPSTERS/TRASH BINS

4.00
20.00
20.00
1.00
0.25

550.00 $
75.00 $
75.00 $
1,200.00 $
2,500.00 $

2,200.00
1,500.00
1,500.00
1,200.00
625.00

$

14,725.00

$
$

19,500.00
19,500.00

$
$

25,000.00
25,000.00

$
$

21,888.00
21,888.00

COCRHAN INTERIORS

Price includes Taxes
1.00
2,030.00 $
1.00
191,647.00 $
1.00
5,384.60 $
$

2,030.00
191,647.00
5,384.60
199,061.60

HALDEMAN

$
$
$
$
$
$
$
$
$

49,800.00
18,400.00
14,500.00
48,400.00
62,500.00
19,400.00
5,884.00
7,600.00
226,484.00

AMAC

$
$
$

10,200.00
25,400.00
35,600.00

PRECISION

$
$

33,290.00
33,290.00

AMAC

INTERIM CLEANUP
FINAL CLEANUP

FINISHES
Remove Replace T-Bar

MECHANICAL EQUIPMENT
Air Distribution (New Filter Grilles 1 per Split)
HVAC Equipment (Carrier)
Condensing Mounting Plates

41
42
43
44
45
46
47
48
49
50
51

15

52
53
54
55
56
57
58
59
60

15

61

16

SIGLER
SIGLER

MECHANICAL HVAC
Set Equipment
Concentric Vents
Install New Filter Grilles
New Ductwork & Plenums
DX Piping
Check, Test and Startup of Equipment
Equipment 1 Year Warranty
Commissioning of Equipment

1 men for 1 week ([email protected])

AMAC
AMAC
AMAC
AMAC
AMAC
AMAC
AMAC

MECHANICAL SUBCONTRACTORS
Air & Water Balance
Duct Cleaning

15

AMAC

Roofing
ROOFING ALLOWANCE

15

PENN AIR

PLUMBING
Condesate and Gas

ELECTRICAL

62

ELECTRICAL

$

25,000.00

CIRCLE CITY ELECTRIC

63

Remove / Reinstall Lights

$

6,700.00

INLAND PACIFIC

$

31,700.00

$
$

5,200.00
500.00

$

5,700.00

64
65
66
67
68
69
70
71
72

17

H

DEMO
DEMO AC Units

09

G
SUBCONTRACTOR
OR VENDORS NAME

1.00

SCHEDULING

07

F
TOTAL
PRICE

ENGINEERING, SUBMITTALS, & O&M MANUALS

TEMPORARY BARRICADES

02

11:37 AM 5/6/2014

Schedule of Values.xlsx

MISCELLANEOUS COSTS AND FEES
Crane
Trucking

1.00
1.00

$
$

5,200.00
500.00

73

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Schedule of Values

EXHIBIT C

2008 G.C. Template
A
74
75
76
77
78
79
80
81
82
83
84

B

DIVISION RECAP TOTALS
01
02
07
09
15

16
17

11:37 AM 5/6/2014

Schedule of Values.xlsx

GENERAL REQUIREMENTS
DEMO
THERMAL AND MOISTURE
FINISHES
MECHANICAL EQUIPMENT
MECHANICAL
MECHANICAL SUBCONTRACTORS
PLUMBING
ELECTRICAL
DIVISION 17

TOTALS
85
86
93
94 OPTION #2 TOTAL COSTS
MARKUP @10% ON ALL ITEMS
95
INSURANCE @ 8%
96
CONTINGENCY
97
SUB TOTAL
98
COC Insurance
99
Bond
100
TOTAL BID AMOUNT
101
102
103 COMMENTS/REMARKS
104
105
106
107
108
109
110
111
112
113
114
115
116

C

D

E

F

G

H

SUBCONTRACT
14,725.00
19,500.00
25,000.00
21,888.00
199,061.60
226,484.00
35,600.00
33,290.00
31,700.00
5,700.00
612,948.60

612,948.60
61,294.86
5,393.95
67,424.35

CONTINGENCY IS FIGURED AT 10% OF TOTAL COSTS

747,061.75
1,242.00
9,338.27
757,642.03

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Schedule of Values

EXHIBIT C

SITE LEASE AGREEMENT
Dated as of May 16, 2014
Between
Burbank Unified School District
and
Aire Masters Air Conditioning Inc. Construction Company

HVAC Replacement Project
At Jordan Middle School

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SITE LEASE
HVAC REPLACEMENT AT JORDAN MIDDLE SCHOOL PROJECT

This SITE LEASE AGREEMENT (“Site Lease”) is dated as of May 16, 2014, and is by and
between the Burbank Unified School District, a school district duly organized and existing under the
laws of the State of California (the “Owner”), as lessor, and Aire Masters Air Conditioning Inc.
Construction Company, a corporation organized and operating under the laws of the State of California
(“Contractor”), as lessee.
WHEREAS, the Owner desires to provide for the financing and construction of certain public
improvements, namely the HVAC Replacement at Jordan Middle School Project (the “Project”) more
fully described in a Lease-Leaseback Agreement between the Owner and Contractor and located at
Jordan Middle School, 420 S. Mariposa St., Burbank, California, (the “Site”); and
WHEREAS, the Owner’s governing body has determined that it is in the best interests of the
Owner and for the common benefit of the residents it serves to construct and finance the Project by
leasing the Site on which the public improvements are to be constructed to Contractor, and subleasing
from Contractor the Site, including the Project, under a Sublease Agreement effective the same date as
this Site Lease (the “Sublease”); and
WHEREAS, the Owner is authorized under Section 17406 of the California Education Code to
lease the Site, and its governing body has duly authorized the execution and delivery of this Site Lease;
and
WHEREAS, Contractor is authorized to lease the Site as lessee and to construct the Project on
the Site, and has duly authorized the execution and delivery of this Site Lease.
WITNESSETH:
In consideration of the premises and covenants and conditions hereinafter contained, the parties
agree as follows:
SECTION 1. Site Lease. The Owner leases to Contractor, and Contractor leases from the
Owner, on the terms and conditions set forth herein, the Site situated in the County of Los Angeles,
State of California, more specifically described or depicted in Exhibit “A” attached to this Site Lease,
including any real property improvements now or hereafter affixed thereto. Hereinafter, reference to
Contractor means Contractor and Contractor’s assigns for those rights, interests, and obligations that
may be assigned by Contractor.
SECTION 2. Term. The term of this Site Lease shall commence as of the date above and shall
be coterminous with the term of the Lease-Leaseback Agreement (the “Termination Date”), unless such
term is extended or earlier terminated as hereinafter provided:

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(a)
If the Owner exercises its option to purchase the Project, pursuant to Section 22 of the
Sublease, then the term of this Site Lease shall end on the date of exercise of the option; or
(b)
If prior to the Termination Date, all Sublease payments, as defined in the Sublease (the
“Sublease Payments”) shall be fully paid and retired or provision made for such payment and
retirement, or which the parties hereto agree may be released, the term of this Site Lease as to the
particular portion of the Site for which Sublease Payments have been fully paid shall end ten (10) days
thereafter or ten (10) days after written notice to Contractor, whichever is earlier.
(c)
In accordance with the Lease-Leaseback Agreement, the term of this Site Lease shall
automatically end upon such completion of the Project or termination of the Contract, with the parties’
respective interests hereunder automatically ended and released, and title to the Site and Project
automatically and fully vested in the Owner.
SECTION 3. Representations, Covenants, and Warranties of the Owner. The Owner represents,
covenants and warrants to Contractor that:
(a)
The Owner has good and merchantable fee title to the Site and has authority to enter into
and perform its obligations under this Site Lease;
(b)

There are no liens on the Site other than permitted encumbrances;

(c)
All taxes, assessments, or impositions of any kind with respect to the Site, if applicable,
except current taxes, have been paid in full;
(d)
The Site is properly zoned for the intended purpose and utilization of it or the Owner
intends to render zoning inapplicable pursuant to Government Code section 53094;
(e)
The Owner is in compliance with all laws, regulations, ordinances and orders of public
authorities applicable to the Site;
(f)
There is no litigation of any kind currently pending or threatened regarding the Site or
the Owner’s use of the Site for the purposes contemplated by this Site Lease, the Sublease, and the
Lease-Leaseback Agreement;
(g)
To the best of the Owner’s knowledge, after actual inquiry: (i) other than those
addressed in the scope of the Work, no dangerous, toxic or hazardous pollutants, contaminants,
chemicals, waste, materials or substances, as defined in or governed by the provisions of any State or
Federal Law relating thereto (hereinafter collectively called “Environmental Regulations”), and also
including, but not limited to, urea-formaldehyde, polychlorinated biphenyls, asbestos, asbestos
containing materials, nuclear fuel or waste, radioactive materials, explosives, carcinogens and
petroleum products, or any other waste, material, substance, pollutant or contaminant which would
subject the owner of the Site or Contractor or Contractor’s subcontractors to any damages, penalties or
liabilities under any applicable Environmental Regulation (hereinafter collectively called “Hazardous
Substances”), are now or have been stored, located, generated, produced, processed, treated,
transported, incorporated, discharged, emitted, released, deposited or disposed of in, upon, under, over
or from the Site; (ii) no threat exists of a discharge, release or emission of a Hazardous Substance upon
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or from the Site into the environment; (iii) the Site has not been used as or for a mine, a landfill, a
dump or other disposal facility, industrial or manufacturing facility, or a gasoline service station; (iv)
no underground storage tank is now located in the Site; (v) no violation of any Environmental
Regulation now exists relating to the Site, no notice of any such violation or any alleged violation
thereof has been issued or given by any governmental entity or agency, and there is not now any
investigation or report involving the Site by any governmental entity or agency which in any way
relates to Hazardous Substances; (vi) no person, party, or private or governmental agency or entity has
given any notice of or asserted any claim, cause of action, penalty, cost or demand for payment or
compensation, whether or not involving any injury or threatened injury to human health, the
environment or natural resources, resulting or allegedly resulting from any activity or event described
in (i) above; (vii) there are not now any actions, suits, proceedings or damage settlements relating in
any way to Hazardous Substances, in, upon, under over or from the Site; (viii) the Site is not listed in
the United States Environmental Protection Agency's National Priorities List of Hazardous Waste Sites
or any other list of Hazardous Substance sites maintained by any federal, state or local governmental
agency; and (ix) the Site is not subject to any lien or claim for lien or threat of a lien in favor of any
governmental entity or agency as a result of any release or threatened release of any Hazardous
Substance.
(h)
To the extent permitted by law, the Owner shall not abandon the Site for the use for
which it is currently required by the Owner and further, shall not seek to substitute or acquire property
to be used as a substitute for the uses for which the Site and Project are to be maintained under the
Sublease.
(i)
The term “permitted encumbrances” as used herein shall mean, as of any particular
time: (i) liens for general ad valorem taxes and assessments, if any, not then delinquent; (ii) this Site
Lease, the Sublease, any right or claim of any mechanic, laborer, materialman, supplier, or vendor, if
applicable, not filed or perfected in the manner prescribed by law, easements, rights of way, mineral
rights, drilling rights, and other rights, reservations, covenants, conditions, or restrictions which exist
of record as of the date of this Site Lease and which will not materially impair the use of the Site; (iii)
easements, rights of way, mineral rights, drilling rights and other rights, reservations, covenants,
conditions, or restrictions established following the date of recordation of this Site Lease and to which
Contractor and the Owner consent in writing which will not impair or impede the operation of the Site.
SECTION 4. Representations and Warranties of Contractor. Contractor represents and warrants
to the Owner that:
(a)
Contractor is duly organized, validly existing and in good standing under the laws of the
State of California, with full corporate power and authority to lease and own real and personal
property.
(b)
Contractor has full power, authority, and legal right to enter into and perform its
obligations under this Site Lease, and the execution, delivery and performance of this Site Lease have
been duly authorized by all necessary corporate actions on the part of Contractor and do not require any
further approvals or consents.

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(c)
Execution, delivery and performance of this Site Lease do not and will not result in any
breach of or constitute a default under any indenture, mortgage, contract, agreement or instrument to
which Contractor is a party or by which it or its property is bound.
(d)
There is no pending or, to the best knowledge of Contractor, threatened action, or
proceeding before any court or administrative agency that will materially adversely affect the ability of
Contractor to perform its obligations under this Site Lease.
SECTION 5. Rental. Contractor shall pay to the Owner as and for advance rental hereunder
$1.00 per year per Site, on or before the date of commencement of the term of this Site Lease. The
duration of the rental is expected to be from June 16, 2014 through approximately August 14, 2014,
unless earlier terminated or otherwise agreed by the parties.
SECTION 6. Purpose. Contractor shall use the Site solely for the purpose of constructing the
Project thereon and for subleasing the Site and leasing the Project to the Owner; provided, that in the
Event of Default by the Owner under the Sublease, the Contractor may exercise the remedies provided
for in the Sublease.
SECTION 7. Termination. Contractor agrees, upon termination of this Site Lease: (i) to quit
and surrender the Site in the same good order and condition as it was in at the time of commencement
of the term hereunder, reasonable wear and tear excepted; (ii) to release and reconvey to the Owner any
liens and encumbrances created or caused by Contractor; and (iii) that any permanent improvements
and structures existing upon the Site at the time of the termination of this Site Lease, including the
Project, shall remain thereon and title thereto shall vest in the Owner. Notwithstanding the Owner’s
foregoing rights in the event of termination, Contractor shall retain the right to full compensation for all
services rendered prior to the termination in accordance with the Lease-Leaseback Agreement and the
Sublease.
SECTION 8. Quiet Enjoyment. The Owner covenants and agrees that it will not take any action
to prevent Contractor’s quiet enjoyment of the Site during the term of this Site Lease; and, that in the
event the Owner's fee title to the Site is ever challenged so as to interfere with Contractor’s right to
occupy, use and enjoy the Site, the Owner will use all governmental powers at its disposal, including
the power of eminent domain, to obtain unencumbered fee title to the Site and to defend Contractor’s
right to occupy, use, and enjoy that portion of the Site.
SECTION 9. No Liens. The Owner shall not mortgage, sell, assign, transfer, or convey the Site
or any part thereof to any person during the term of this Site Lease, without the written consent of
Contractor. Nothing herein shall preclude the Owner from granting utility easements across the Site to
facilitate the use and operation of the Project for which it is intended.
SECTION 10. Right of Entry. The Owner reserves the right for any of its duly authorized
representatives to enter upon the Site at any reasonable time to inspect the same or to make any repairs,
improvements or changes necessary for the preservation thereof, but in doing so shall not interfere with
Contractor’s operations on the Project.

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SECTION 11. Assignment and Subleasing. Other than the Sublease, Contractor will not assign
or otherwise dispose of or encumber the Site or this Site Lease without the prior written consent of the
Owner.
SECTION 12. No Waste. Contractor agrees that at all times that it is in possession of the Site it
will not commit, suffer or permit any waste on the Site, and it will not willfully or knowingly use or
permit the use of the Site for any illegal act or purpose.
SECTION 13. Default. In the event Contractor shall be in default in the performance of any
obligation on its part to be performed under the terms of this Site Lease, which default continues for
thirty (30) days following notice and demand for correction thereof to Contractor, the Owner may
exercise any and all remedies granted by law, except that no merger of this Site Lease and of the
Sublease shall be deemed to occur as a result thereof.
SECTION 14. Eminent Domain. In the event the whole or any part of the Site or the
improvements thereon is taken by eminent domain, the financial interest of Contractor shall be
recognized and is hereby determined to be the amount of all Sublease Payments then due or past due,
the next succeeding Sublease Payment and the purchase option price stated in Section 22 of the
Sublease less any unearned interest as of the date the Contractor receives payment in full. The balance
of the award, if any, shall be paid to the Owner. For purposes of this Section 14, the Sublease
Payment(s) include all amounts withheld pursuant to Section 6, paragraph (c) of the Sublease.
SECTION 15. Taxes. The Owner covenants and agrees that as between Owner and Contractor,
Owner shall pay any and all assessments of any kind or character and also all taxes, including
possessory interest - taxes, levied or assessed upon the Site or the improvements thereon.
SECTION 16. Indemnification. The Owner covenants and agrees to indemnify and hold
Contractor harmless from and against any and all losses, claims, suits, damages and expenses
(including reasonable attorneys fees) arising out of the condition of the Site, including but not limited
to, all costs required to be incurred by Contractor as a result of any condition described in Section 3,
paragraph (g) hereof, whether or not known to the Owner on the date of execution of this Site Lease.
SECTION 17. Partial Invalidity. If any one or more of the terms, covenants or conditions of this
Site Lease shall to any extent be declared invalid, unenforceable, void or voidable for any reason
whatsoever by a court of competent jurisdiction, the finding or order or decree of which becomes final,
none of the remaining terms, provisions, covenants and conditions of this Site Lease shall be affected
thereby, and each provision of this Site Lease shall be valid and enforceable to the fullest extent
permitted by law.
SECTION 18. Notices. Any notices or filings required to be given or made under this Site
Lease shall be served, given, or made in writing upon the Owner or Contractor, as the case may be, by
personal delivery or registered mail (with a copy sent via fax or regular mail) to the respective
addresses given below, or at such address as such party may provide in writing from time to time.
If to Contractor:
Aire Masters Air Conditioning Inc.
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12556 McCann Dr.
Santa Fe Springs, CA 90670
If to Owner:
Burbank Unified School District
1900 W. Olive Ave.
Burbank, CA 91506
SECTION 19. Binding Effect. This Site Lease shall inure to the benefit of and shall be binding
upon the Owner, Contractor and their respective successors in interest and permitted assigns, if any.
SECTION 20. Amendments and Modifications. This Site Lease shall not be effectively
amended, changed, modified, altered, or terminated without the written agreement of the Owner and
Contractor.
SECTION 21. Execution in Counterparts. This Site Lease may be simultaneously executed in
several counterparts, each of which shall be an original and all of which shall constitute but one and the
same instrument.
SECTION 22. Applicable Law. This Site Lease and the rights of the parties hereunder shall be
governed by and construed in accordance with the laws of the State of California.
SECTION 23. Headings. The captions or headings in this Site Lease are for convenience only
and in no way define, limit or describe the scope or intent of any provisions or sections of this Site
Lease.
SECTION 24. Time. Time is of the essence in this Site Lease and each and all of its provisions.
SECTION 25. Terms Not Defined. Capitalized terms used in this Site Lease that are not defined
shall have the same meaning as in the Lease-Leaseback Agreement.
SECTION 26. Exhibits Incorporated. All Exhibits attached to this Site Lease are hereby
incorporated into the Site Lease by this reference as if set forth in full.
*********************
IN WITNESS WHEREOF, the parties hereto have executed this Site Lease by their authorized
officers as of the dates so indicated under their respective signatures.
LESSEE

LESSOR

Aire Masters Air Conditioning Inc.

Burbank Unified School District

By:
Title: President

By:
Assistant Superintendent, Administrative Services

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Site Lease

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By:
Title: Corporate Secretary

Date:

Date:

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Site Lease

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EXHIBIT “A”
DESCRIPTION OR DEPICTION OF SITE
(See attached)

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Site Lease
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LEASE AREA
Construction
Staging Area

JORDAN MIDDLE SCHOOL
HVAC REPLACEMENT PROJECT

EXHIBIT “A”

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SUBLEASE AGREEMENT
Dated as of May 16, 2014
Between
Burbank Unified School District
and
Aire Masters Air Conditioning Inc. Construction Company

HVAC Replacement Project
At Jordan Middle School
420 S. Mariposa St.
Burbank, CA 91506

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Sublease

SUBLEASE AGREEMENT
HVAC REPLACEMENT PROJECT

This SUBLEASE AGREEMENT (“Sublease”) is dated as of May 16, 2014, and is by and
between Aire Masters Air Conditioning Inc. Construction Company, (“Contractor”), a corporation
organized and operating under the laws of the State of California (the “State”), as lessor, and the
Burbank School District (the “Owner”), a public school district duly organized and existing under
the Constitution and laws of the State as lessee.
RECITALS:
WHEREAS, pursuant to Section 17406 et seq. of the Education Code, the Owner may enter
into leases and agreements relating to real property and buildings used by the Owner; and
WHEREAS, the Owner deems it essential for its own governmental purpose to finance the
construction and installation of certain improvements described in Exhibit “A” of the LeaseLeaseback Agreement entered into between the Owner and Contractor dated May 16, 2014, for the
HVAC Replacement at Jordan Middle School Project (the “Lease-Leaseback Agreement”; and the
“Project”) and situated on the Site described in Exhibit A of the Site Lease dated the same date
between the Owner and Contractor related to the Project (the “Site Lease”). The land described in
the Site Lease is herein referred to as the “Site”; and
WHEREAS, pursuant to Section 17406 of the Education Code, the Owner is leasing the
Site to Contractor pursuant to the Site Lease in consideration of Contractor subleasing the Site,
including the Project, to the Owner pursuant to the terms of this Sublease; and
WHEREAS, the Owner owns the Site and pursuant to the Lease-Leaseback Agreement has
prepared, adopted, and had approved plans and specifications for the completion of the Project
pursuant to law as required by Section 17402 of the Education Code; and
WHEREAS the Owner and Contractor agree to mutually cooperate now or hereafter, to the
extent possible, in order to sustain the intent of this Sublease and the bargain of both parties hereto,
and to provide payments pursuant to this Sublease on the dates and in the amounts set forth in
Exhibit A of this Sublease.
WITNESSETH:
In consideration of the mutual covenants hereinafter set forth, the Owner and Contractor
agree as follows:
SECTION 1. Sublease. Contractor hereby leases and subleases to the Owner, and the Owner
hereby leases and subleases from Contractor, the Site, including any real property improvements
now or hereafter affixed thereto in accordance with the provisions herein for the full term of this

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Sublease

Sublease. Hereinafter, reference to Contractor means Contractor and Contractor’s assigns for those
rights, interests, and obligations that may be assigned by Contractor.
SECTION 2. Term. The terms and conditions of this Sublease shall become effective upon
the authorized execution of this Sublease by the parties. The term of the Sublease shall be
coterminous with the term of the Lease-Leaseback Agreement. In accordance with the LeaseLeaseback Agreement, the term of this Sublease shall automatically end upon termination of the
Contract, with the parties’ respective interests hereunder automatically ended and released, and title
to the Site and Project automatically and fully vested in the Owner.
SECTION 3. Representations, Warranties and Covenants of the Owner. The Owner
represents and warrants to Contractor that:
(a)
The Owner is a public school district, duly organized and existing under the
Constitution and laws of the State with authority to enter into this Sublease and to perform all of its
obligations hereunder.
(b)
The Owner’s governing body has duly authorized the execution and delivery of this
Sublease and further represents and warrants that all requirements have been met and procedures
followed to ensure its enforceability.
(c)
The execution, delivery, and performance of this Sublease do not and will not result
in any breach of or constitute a default under any indenture, mortgage, contract, agreement, or
instrument to which the Owner is a party by which it or its property is bound.
(d)
There is no pending or, to the knowledge of the Owner, threatened action, or
proceeding before any court or administrative agency that will materially adversely affect the ability
of the Owner to perform its obligations under this Sublease.
(c)
The Project and the Site are essential to the Owner in the performance of its
governmental functions and their estimated useful life to the Owner exceeds the term of this
Sublease.
(d)
The Owner shall take such action as may be necessary to include all Sublease
payments in its annual budget and annually to appropriate an amount necessary to make such
Sublease payments.
(e)
The District shall not abandon the Site for the use for which it is currently required
by the Owner and, to the extent permitted by law, the Owner shall not seek to substitute or acquire
property to be used as a substitute for the use for which the Site is maintained under the Sublease;
and
(f) The Owner shall not allow any hazardous materials or substances to be used or stored
on, under, or about the Site.

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SECTION 4. Representations and Warranties of Contractor. Contractor represents and
warrants to the Owner that:
(a)
Contractor is duly organized, validly existing and in good standing as a contractor
and licensed contractor under the laws of the State, with full corporate power and authority to lease
and own real and personal property;
(b)
Contractor has full power, authority and legal right to enter into and perform its
obligations under this Sublease, and the execution, delivery and performance of this Sublease have
been duly authorized by all necessary corporate actions on the part of Contractor and do not require
any further approvals or consents;
(c) The execution, delivery, and performance of this Sublease do not and will not result in
any breach of or constitute a default under any indenture, mortgage, contract, agreement, or
instrument to which Contractor is a party by which it or its property is bound;
(d) There is no pending or, to the knowledge of Contractor, threatened action, or
proceeding before any court or administrative agency that will materially adversely affect the ability
of Contractor to perform its obligations under this Sublease;
(e)
Contractor will not mortgage or encumber the Site or the Sublease or assign this
Sublease or its rights to receive Sublease payments hereunder, except as permitted herein.
SECTION 5. Construction/Acquisition.
(a)
The Owner has entered into the Lease-Leaseback Agreement and the Site Lease with
Contractor in order to acquire and construct the Project. The cost of the acquisition, construction
and installation of the Project is determined by the GMP as set forth in Article IV of the LeaseLeaseback Agreement.
(b)
In order to ensure that moneys sufficient to pay all costs will be available for this
purpose when required, the Owner shall maintain on deposit in its general or other appropriate fund,
and shall annually appropriate funds sufficient to make all Sublease payments which become due to
Contractor under this Sublease.
SECTION 6. Sublease Payments.
(a)
For services satisfactorily performed and after receipt of properly documented and
submitted applications for payment, the Owner shall pay Contractor lease payments (the “Sublease
Payments” and each individually a “Sublease Payment”) monthly as set forth in Exhibit A hereof, at
the office of Contractor or to such other person or at such other place as Contractor may from time
to time designate in writing.
(b)
Contractor agrees that satisfactory progress pursuant to the time schedule required
pursuant to the Contract and of the construction pursuant to the time schedule required pursuant to
the Contract (the “Time Schedule”) shall be conditions precedent to the making of Sublease

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Sublease

Payments by the Owner. The determination of whether the Time Schedule has been adequately
adhered to shall be made in accordance with the General Conditions of the Contract (“General
Conditions”). If the Owner determines that pursuant to the Time Schedule, the work required to be
performed prior to a given Sublease Payment has not been met, the Owner shall not be required to
make that scheduled Sublease Payment. Once the Owner has determined that the work scheduled to
be completed prior to the Sublease Payment in question has been completed, the Owner shall make
the Sublease Payment corresponding to completion of such work.
(c) In accordance with the General Conditions, the Owner shall retain an amount equal to
5% of each Sublease Payment. Release of the retention and the final Sublease Payment shall be
made in the manner described in the General Conditions.
(d) The obligation of the Owner to pay Sublease Payments hereunder shall constitute a
current expense of the Owner and shall not in any way be construed to be a debt of the Owner in
contravention of any applicable constitutional or statutory limitations or requirements concerning
the creation of indebtedness by the Owner, nor shall anything contained herein constitute a pledge of
the general tax revenues, funds, or moneys of the Owner.
SECTION 7. Fair Rental Value. Sublease Payments shall be paid by the Owner in
consideration of the right of possession of, and the continued quiet use and enjoyment of, the Project
and the Site during this Sublease. The parties hereto have agreed and determined that such total
rental is not in excess of the fair rental value of the Project and the Site. In making such
determination, consideration has been given to the fair market value of the Project and the Site,
other obligations of the parties under this Sublease (including, but not limited to, costs of
maintenance, taxes and insurance), the uses and purposes which may be served by the Project and
the Site and the benefits therefrom which will accrue to the Owner and the general public, the ability
of the Owner to make additions, modifications and improvements to the Project and the Site which
are not inconsistent with the Lease-Leaseback Agreement and which do not interfere with
Contractor’s work on the Project and Site.
SECTION 8. Sublease Abatement. In addition to delay of Sublease Payments provided in
Section 6, above, Sublease Payments due hereunder with respect to the Project shall be subject to
abatement prior to the commencement of the use of the Project or during any period in which, by
reason of material damage to or destruction of the Project or the Site there is substantial interference
with the use and right of possession by the Owner of the Project and the Site or any substantial
portion thereof. For each potential incident of substantial interference, decisions to be made on: i)
whether or not abatement shall apply; ii) the date upon which abatement shall commence; iii) the
applicable portion of Sublease Payments to be abated and; iv) the concluding date of the particular
abatement shall all be subject to determinations by the Owner in concert with its insurance provider.
Contractor’s right to dispute these decisions is not impaired. The amount of abatement shall be such
that the Sublease Payments paid by the Owner during the period of Project restoration do not exceed
the fair rental value of the usable portions of the Site. In the event of any damage or destruction to
the Project or the Site, this Sublease shall continue in full force and effect.

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SECTION 9. Use of Site and Project. During the term of this Sublease, Contractor shall
provide the Owner with quiet use and enjoyment of the Site without suit, or hindrance from
Contractor or its assigns. The Owner will not use, operate, or maintain the Site or Project
improperly, carelessly, in violation of any applicable law or in a manner contrary to that
contemplated by this Sublease. The Owner shall provide all permits and licenses, if any, necessary
for the operation of the Project. In addition, the Owner agrees to comply in all respects (including,
without limitation, with respect to the time, maintenance and operation of the Project) with laws of
all jurisdictions in which its operations involving the Project may extend and any legislative,
executive, administrative, or judicial body exercising any power or jurisdiction over the Site or the
Project; provided, however, that the Owner may contest in good faith the validity or application of
any such law or rule in any reasonable manner which does not, in the opinion of Contractor,
adversely affect the estate of Contractor in and to the Site or the Project or its interest or rights under
this Sublease. Upon completion of the Project or severable portions thereof, as defined in the
General Conditions, Contractor shall provide the Owner with quiet use and enjoyment of the Site
without suit or hindrance from Contractor or its assigns, subject to reasonable interference from
ongoing construction operations on any remaining portion of the Site under construction by
Contractor.
SECTION 10. Contractor’s Inspection/Access to the Site. The Owner agrees that Contractor
and any Contractor representative shall have the right at all reasonable times to enter upon the Site
or any portion thereof to construct and improve the Project, to examine and inspect the Site and the
Project and to exercise its remedies pursuant to Section 18 of this Sublease. The Owner further
agrees that Contractor and any Contractor representative shall have such rights of access to the Site
as may be reasonably necessary to cause the proper maintenance of the Site and the Project in the
event of failure by the Owner to perform its obligations hereunder.
SECTION 11. Project Acceptance. The Owner shall acknowledge final inspection and
completion of the Project by executing a Certificate of Acceptance and recording a Notice of
Completion in accordance with the General Conditions. The validity of this Sublease will not be
affected by any delay in or failure of completion of the Project.
SECTION 12. Lease-Leaseback Agreement and Site Lease. The Lease-Leaseback
Agreement and Site Lease are incorporated herein in their entirety by this reference.
SECTION 13. Alterations and Attachments. All permanent additions and improvements that
are made to, and as part of, the Project shall belong to and become the property of Contractor until
completion of the project or termination of the Contract, subject to the provisions of Sections 2, 18,
21 and 22 hereof. Separately identifiable attachments added to the Project by the Owner shall
remain the property of the Owner.
SECTION 14. Physical Damage; Public Liability Insurance. The Contractor and the Owner
shall maintain such damage and public liability insurance policies with respect to the Project and the
Site as are required of them by the Lease-Leaseback Agreement.

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SECTION 15. Taxes. The Owner shall keep the Project and the Site free and clear of all
levies, liens, and encumbrances and shall pay all license fees, registration fees, assessments,
charges, and taxes (municipal, state, and federal) if applicable, which may now or hereafter be
imposed upon the ownership, leasing, renting, sale, possession, or use of the Project and the Site,
excluding, however, all taxes on or measured by Contractor’s income.
SECTION 16. Indemnity. In addition to the indemnification set forth in Article X of the
Lease-Leaseback Agreement, to the extent permitted by law, and with the exception of the
Contractor’s responsibilities as “Contractor” under the Lease-Leaseback Agreement, the Owner
shall, with respect to the Project and the Site, indemnify Contractor against and hold Contractor
harmless from any and all claims, actions, suits, proceedings, costs, expenses, damages, and
liabilities, including attorneys’ fees, arising out of, connected with or resulting from any acts of
omission or commission by the Owner’s employees and agents or claims resulting from incidents or
occurrences involving the financing of the Project and Lease-Leaseback aspects of the Project and
third parties on the Site, including without limitation, the construction, possession, use or operation
of the Project and further, the Owner agrees, to the extent the law allows, to indemnify Contractor
against and hold Contractor harmless from and against any and all claims, actions, suits,
proceedings, cost, expenses, damages, and liabilities, including attorney’s fees, arising out of,
connected with or resulting from the clean-up of any hazardous materials or toxic wastes from the
Site or the Project; provided, however, that the Owner shall not be required to indemnify Contractor
in the event that such liability or damages are caused by the negligence or intentional misconduct of
Contractor.
SECTION 17. Events of Default. The term “Event of Default,” as used in this Sublease
means the occurrence of any one or more of the following events: (a) the Owner fails to make any
unexcused Sublease Payment (or any other payment) within 15 days after the due date thereof; (b)
the Owner or the Contractor fails to perform or observe any other covenant, condition or agreement
to be performed or observed by it hereunder and such failure to either make the payment or perform
the covenant, condition or agreement is not cured within 10 days after written notice thereof by the
other Party; (c) the discovery by a Party that any statement, representation or warranty made by the
other Party in this Sublease, or in any document ever delivered by that other Party pursuant hereto or
in connection herewith is misleading or erroneous in any material respect; (d) a Party becomes
insolvent, is unable to pay its debts as they become due, makes an assignment for the benefit of
creditors, applies or consents to the appointment of a receiver, trustee, conservator or liquidator of
the Party or of all or a substantial part of its assets, or a petition for relief is filed by the Party under
federal bankruptcy, insolvency or similar laws.
SECTION 18. Remedies on Default. Upon the happening of any Event of Default, the nondefaulting Party may exercise any and all remedies available pursuant to law or in equity or granted
pursuant to this Sublease. Notwithstanding any provisions to the contrary herein, Contractor shall
not under any circumstances have the right to accelerate the Sublease Payments that fall due in
future Sublease periods or otherwise declare any Sublease Payments not then in default to be
immediately due and payable.

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SECTION 19. Non-Waiver. No covenant or condition to be performed by the Owner or
Contractor under this Sublease can be waived except by the written consent of the other party.
Forbearance or indulgence by the Owner or Contractor in any regard whatsoever shall not constitute
a waiver of the covenant or condition in question. Until complete performance by the Owner or
Contractor of said covenant or condition, the other party shall be entitled to invoke any remedy
available to it under this Sublease or by law or in equity despite said forbearance or indulgence.
SECTION 20. Assignment. Without the prior written consent of Contractor, the Owner
shall not (a) assign, transfer, pledge, or hypothecate this Sublease, the Project and the Site, or any
part thereof, or any interest therein, or (b) sublet or lend the use of the Project or any part thereof,
except as authorized by the provisions of the California Civic Center Act, Education Code Section
38130 et seq. Consent to any of the foregoing prohibited acts applies only in the given instance and
is not a consent to any subsequent like act by the Owner or any other person. Contractor shall not
assign its obligations under this Sublease with the exception of its obligation to issue default notices
and to convey or reconvey its interest in the Project and Site to the Owner upon full satisfaction of
the Owner's obligations hereunder; however, Contractor may assign its right, title and interest in this
Sublease, the Sublease Payments and other amounts due hereunder and the Project in whole or in
part to one or more assignees or subassignees at any time without the consent of the Owner. No
assignment shall be effective as against the Owner unless and until the Owner is so notified in
writing. The Owner shall pay all Sublease Payments due hereunder pursuant to the direction of
Contractor or the assignee named in the most recent assignment or notice of assignment. During the
Sublease term, the Owner shall keep a complete and accurate record of all such assignments.
Subject always to the foregoing, this Sublease inures to the benefit of, and is binding upon, the
heirs, legatees, personal representatives, successors, and assigns of the parties hereto.
SECTION 21. Ownership. The Project is and shall at all times be and remain the sole and
exclusive property of Contractor until completion of the Project or termination of the Contract, and
the Owner shall have no right, title, or interest therein or thereto until completion of the Project or
termination of the Contract, except as expressly set forth herein (including but not limited to Section
2, above).
SECTION 22. Release of Liens.
(a)
Upon the Owner executing a Certificate of Acceptance and filing a Notice of
Completion on the Project, as such term is defined herein and in the General Conditions, Contractor
or its assignee and the Owner shall release Contractor’s leasehold interest in the Project.
(b) Contractor shall authorize, execute and deliver to the Owner all documents reasonably
requested by the Owner to evidence (i) the release of any and all liens created pursuant to the
provisions of this Sublease and the Site Lease, and (ii) any other documents required to terminate
the Site Lease and this Sublease.
SECTION 23. Severability. If a court of competent jurisdiction shall hold any provision of
this Sublease invalid or unenforceable, such holdings shall not invalidate or render unenforceable
any other provision of this Sublease, unless elimination of such provision materially alters the rights
and obligations embodied in this Sublease.

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SECTION 24. Entire Agreement. This Sublease, the Site Lease, the Lease-Leaseback
Agreement, and the Contract Documents that make up the “Contract” constitute the entire
agreement between Contractor and the Owner, and it shall not be amended, altered, or changed
except by a written agreement signed by the parties hereto.
SECTION 25. Notices. Any notices or filings required to be given or made under this
Sublease shall be served, given, or made in writing upon the Owner or Contractor, as the case may
be, by personal delivery or registered mail (with a copy sent via fax or regular mail) to the respective
addresses given below, or at such address as such party may provide in writing from time to time.
If to Contractor:
Aire Masters Air Conditioning Inc.
12556 McCann Dr.
Santa Fe Springs, CA 90670

If to Owner:
Burbank Unified School Distrit
1900 W. Olive Ave.
Burbank, CA 91506

SECTION 26. Headings. The captions or headings in this Sublease are for convenience only
and in no way define, limit or describe the scope or intent of any provisions or Sections of this
Sublease.
SECTION 27. Time. Time is of the essence in this Sublease and each and all of its
provisions.
SECTION 28. Sublease Interpretation. This Sublease and the rights of the parties hereunder
shall be governed by and construed in accordance with the laws of the State of California.
SECTION 29. Execution in Counterparts. This Sublease may be simultaneously executed in
several counterparts, each of which shall be an original and all of which shall constitute but one and
the same instrument.
SECTION 30. Terms Not Defined. Capitalized terms used in this Sublease that are not
defined shall have the same meaning as in the Lease-Leaseback Agreement or General Conditions.
SECTION 31. Exhibits Incorporated. All Exhibits attached to this Sublease are hereby
incorporated into the Sublease by this reference as if set forth in full.
********************

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Sublease

IN WITNESS WHEREOF, the parties hereto have executed this Sublease by their
authorized officers as of the dates so indicated under their respective signatures.
CONTRACTOR:

OWNER:

___________ Construction Company

Burbank Unified School District

BY: ________________________________
TITLE: PRESIDENT

BY:
Assistant Superintendent, Administrative Services

BY: ________________________________
TITLE: CORPORATE SECRETARY

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Sublease

EXHIBIT A
SCHEDULE OF SUBLEASE PAYMENTS
The term of this sublease shall commence as of June 16, 2014. Sublease payments shall be paid
monthly and the total Sublease Payments made shall not exceed the amount of the GMP as defined in
Article IV of the Lease-Leaseback Agreement. Each month Contractor shall provide Owner with an
itemized summary reflecting the percentage of work performed and signed off on by the Owner’s DSA
Inspector or other designated employee. The Sublease Payments shall be commensurate with the
amount of work performed, invoiced, and signed off on by the DSA Inspector to date, all in accordance
with the procedures set forth in the General Conditions.
Notwithstanding the foregoing, the term of this Sublease may be extended and payment options may be
modified by written agreement of the parties hereto.

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Sublease
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GENERAL CONDITIONS
for
CONTRACT OF CONSTRUCTION

FOR HVAC REPLACEMENT AT JORDAN MIDDLE SCHOOL PROJECT

BURBANK UNIFIED SCHOOL DISTRICT

MAY 16, 2014

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SUMMARY OF CONTENTS
ARTICLE 1: GENERAL CONDITIONS ....................................................................................... 1
ARTICLE 2: OWNER ..................................................................................................................... 6
ARTICLE 3: THE CONTRACTOR ............................................................................................... 10
ARTICLE 4: ADMINSTRATION OF THE CONTRACT............................................................. 25
ARTICLE 5: SUBCONTRACTORS .............................................................................................. 40
ARTICLE 6: CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS.............. 46
ARTICLE 7: CHANGES IN THE WORK ..................................................................................... 48
ARTICLE 8: TIME.......................................................................................................................... 56
ARTICLE 9: PAYMENTS AND COMPLETION ......................................................................... 60
ARTICLE 10: PROTECTION OF PERSONS AND PROPERTY ................................................... 70
ARTICLE 11: INSURANCE AND BONDS .................................................................................... 75
ARTICLE 12: UNCOVERING AND CORRECTION OF WORK ................................................. 80
ARTICLE 13: MISCELLANEOUS PROVISIONS ......................................................................... 82
ARTICLE 14: TERMINATION OR SUSPENSION OF THE CONTRACT .................................. 94

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TABLE OF CONTENTS
2.2.6.1 REMOVAL, RELOCATION............................. 8
2.2.6.2 ASSESSMENT .............................................. 8
2.2.6.3 NOTIFICATION ................................................... 8
2.2.6.4 UNDERGROUND UTILITY CLEARANCE......... 8
2.2.7 EASEMENTS ...................................................... 8
2.2.8 REASONABLE PROMPTNESS .............................. 9
2.2.9 COPIES FURNISHED ........................................... 9
2.2.10 DUTIES CUMULATIVE ....................................... 9
2.3
OWNER'S RIGHT TO STOP THE WORK ..... 9
2.4
OWNER'S RIGHT TO CARRY OUT
THE WORK ..................................................... 9
2.5
WEEKLY MEETINGS .................................... 10

ARTICLE 1 ................................................................. 1
GENERAL CONDITIONS ......................................... 1
1.1
BASIC DEFINITIONS .................................... 1
1.1.1 THE CONTRACT DOCUMENTS ........................... 1
1.1.2 THE CONTRACT ................................................ 1
1.1.3 THE WORK ....................................................... 1
1.1.4 THE PROJECT .................................................... 2
1.1.5 THE DRAWINGS ................................................ 2
1.1.6 THE SPECIFICATIONS ........................................ 2
1.1.7 THE PROJECT MANUAL..................................... 2
1.1.8 OR 2
1.1.9 COMPLETION ................................................ 2
1.2
EXECUTION, CORRELATION
AND INTENT .................................................. 2
1.2.1 CORRELATION AND INTENT .............................. 2
1.2.1.1 DOCUMENTS COMPLEMENTARY AND
INCLUSIVE................................................. 2
1.2.1.2 COVERAGE OF THE DRAWINGS AND
SPECIFICATIONS ........................................ 3
1.2.1.3 CONFLICTS................................................. 3
1.2.1.4 CONFORMANCE WITH LAWS ...................... 3
1.2.1.5 AMBIGUITY ............................................... 4
1.2.1.6 EXECUTION ............................................... 4
1.2.2 ADDENDA AND DEFERRED APPROVALS ............ 4
1.2.2.1 ADDENDA................................................. 4
1.2.2.2 DEFERRED APPROVALS ............................. 4
1.2.3 SPECIFICATION INTERPRETATION ..................... 4
1.2.3.1 TITLES ..................................................... 4
1.2.3.2 AS SHOWN, ETC ........................................ 5
1.2.3.3 PROVIDE ................................................... 5
1.2.3.4 GENERAL CONDITIONS .............................. 5
1.2.3.5 ABBREVIATIONS ......................................... 5
1.2.3.6 PLURAL5
1.2.3.7 METRIC5
1.2.3.8 STANDARD SPECIFICATIONS ....................... 5
1.2.3.9 ABSENCE OF MODIFIERS ........................... 5
1.3 OWNERSHIP AND USE OF ARCHITECT'S
DRAWINGS, SPECIFICATIONS AND OTHER
DOCUMENTS ..................................................... 6

ARTICLE 3 ................................................................. 10
THE CONTRACTOR.................................................. 10
3.1
DEFINITION ................................................... 10
3.2
SUPERVISION AND CONSTRUCTION
PROCEDURES ................................................ 10
3.2.1 CONTRACTOR ................................................... 10
3.2.2 CONTRACTOR RESPONSIBILITY ......................... 11
3.2.3 OBLIGATIONS NOT CHANGED BY ARCHITECT'S
ACTIONS ........................................................... 11
3.2.4 CONTRACTOR RESPONSIBILITY FOR READINESS
FOR WORK ........................................................ 11
3.3
SUPERINTENDENT ....................................... 11
3.3.1 FULL TIME SUPERINTENDENT ........................... 11
3.3.2 STAFF................................................................ 11
3.3.3 RIGHT TO REMOVE............................................ 11
3.4
LABOR AND MATERIALS ........................... 12
3.4.1 CONTRACTOR TO PROVIDE ............................... 12
3.4.2 QUALITY ........................................................... 12
3.4.3 REPLACEMENT .................................................. 12
3.4.4 DISCIPLINE ........................................................ 12
3.5
WARRANTY ................................................... 12
3.6
TAXES ............................................................. 13
3.7
PERMITS, FEES AND NOTICES ................... 13
3.7.1 PAYMENT .......................................................... 13
3.7.2 COMPLIANCE .................................................... 13
3.7.3 CONTRACT DOCUMENTS ................................... 13
3.7.4 RESPONSIBILITY ................................................ 13
3.8
ALLOWANCES .............................................. 14
3.8.1 CONTRACT ........................................................ 14
3.8.2 SCOPE ............................................................... 14
3.8.2.1 PROMPT SELECTION .................................. 14
3.8.2.2 COST ..................................................... 14
3.8.2.3 COST INCLUDED IN CONTRACT SUM........... 14
3.8.2.4 CONTRACT SUM ADJUSTMENT.................... 14
3.9 CONTRACTOR'S CONSTRUCTION
SCHEDULES ....................................................... 14
3.9.1 REQUIREMENTS ................................................ 14
3.9.2 FAILURE TO MEET REQUIREMENTS ................... 16
3.10 DOCUMENTS AND SAMPLES AT
THE SITE ......................................................... 16
3.11 SHOP DRAWINGS, PRODUCT DATA, AND
SAMPLES ........................................................ 16

ARTICLE 2 ................................................................. 6
OWNER ................................................................. 6
2.1
DEFINITION ................................................... 6
2.2
INFORMATION AND SERVICES REQUIRED
OF THE OWNER ............................................ 7
2.2.1 [INTENTIONALLY LEFT BLANK]........................ 7
2.2.2 SITE SURVEY .................................................... 7
2.2.3 SOILS ................................................................ 7
2.2.3.1 OWNER FURNISHED SERVICES ................... 7
2.2.3.2 CONTRACTOR RELIANCE ............................ 7
2.2.4 UTILITY SURVEY .............................................. 7
2.2.5 INFORMATION ................................................... 8
2.2.6 EXISTING UTILITY LINES; REMOVAL,
RELOCATION..................................................... 8

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3.11.11 SUBMITTALS DEFINED ................................... 16
3.11.1.1 SHOP DRAWINGS ................................... 16
3.11.1.2 SAMPLES ............................................... 17
3.11.1.3 CONTRACTOR'S RESPONSIBILITY............. 17
3.11.1.4 EXTENT OF REVIEW ............................... 18
3.11.2 DRAWING SUBMISSION PROCEDURE ................. 18
3.11.2.1 TRANSMITTAL LETTER AND OTHER
REQUIREMENTS ..................................... 18
3.11.2.2 COPIES REQUIRED ................................ 18
3.11.2.3 CORRECTIONS ....................................... 18
3.11.2.4 APPROVAL PRIOR TO COMMENCEMENT OF
WORK ................................................... 19
3.11.3 SAMPLE SUBMISSIONS PROCEDURE .................. 19
3.11.3.1 SAMPLES REQUIRED .............................. 19
3.11.3.2 LABELS AND INSTRUCTIONS.................... 19
3.11.3.3 ARCHITECT'S REVIEW ............................ 19
3.11.3.4 RECORD DRAWINGS AND ANNOTATED
SPECIFICATIONS .................................... 19
3.11.3.5 EQUIPMENT MANUAL ............................ 20
3.11.3.6 OWNER'S PROPERTY .............................. 20
3.11.4 SUBSTITUTIONS ................................................ 20
3.11.4.1 ONE PRODUCT SPECIFIED ..................... 20
3.11.4.2 TWO OR MORE PRODUCTS SPECIFIED .... 20
3.11.4.3 SUBSTITUTION REQUEST FORM .............. 21
3.11.4.4 LIST OF MANUFACTURERS AND PRODUCTS
REQUIRED ............................................. 21
3.11.5 DEFERRED APPROVALS .................................... 21
3.12 CUTTING AND PATCHING .......................... 21
3.12.1 SCOPE ............................................................... 21
3.12.2 CONSENT .......................................................... 22
3.12.3 STRUCTURAL MEMBERS ................................... 22
3.12.4 SUBSEQUENT REMOVAL ................................... 22
3.13 CLEANING UP ............................................... 22
3.13.1 CONTRACTOR'S RESPONSIBILITY ...................... 22
3.13.2 FAILURE TO CLEANUP ...................................... 22
3.13.3 CONSTRUCTION BUILDINGS .............................. 23
3.14 ACCESS TO WORK ....................................... 23
3.15 ROYALTIES AND PATENTS........................ 23
3.15.1 PAYMENT AND INDEMNITY ............................... 23
3.15.2 REVIEW ............................................................ 23
3.16 INDEMNIFICATION...................................... 23
3.16.1 SCOPE: CONTRACTOR ....................................... 23
3.16.2 SCOPE: SUBCONTRACTORS ............................... 24
3.16.2.1 INDEMNITY ............................................ 24
3.16.2.2 JOINT AND SEVERAL LIABILITY ............... 24
3.16.3 NO LIMITATION ................................................ 25
3.17 OWNER AS INTENDED BENEFICIARY ..... 25
3.18 NOTICE OF EXCUSE OF
NONPERFORMANCE ................................... 25

4.2

ARCHITECT'S ADMINISTRATION OF THE
CONTRACT .................................................... 26
4.2.1 STATUS ............................................................. 26
4.2.2 SITE VISITS ....................................................... 26
4.2.3 LIMITATIONS OF CONSTRUCTION RESPONSIBILITY
26
4.2.4 COMMUNICATIONS FACILITATING CONTRACT
ADMINISTRATION.............................................. 27
4.2.5 PAYMENT APPLICATIONS .................................. 27
4.2.6 REJECTION OF WORK ........................................ 27
4.2.7 CHANGE ORDERS .............................................. 27
4.2.8 WARRANTIES UPON COMPLETION .................... 27
4.2.9 INTERPRETATION .............................................. 27
4.2.10 ADDITIONAL INSTRUCTIONS ............................. 28
4.2.10.1 ARCHITECT'S INTERPRETATIONS AND
DECISIONS............................................. 28
4.2.10.2 TYPICAL PARTS AND SECTION................. 28
4.2.10.3 DIMENSIONS .......................................... 28
4.3
INSPECTOR OF RECORD ............................. 28
4.3.1 GENERAL .......................................................... 28
4.3.2 INSPECTOR'S DUTIES ......................................... 28
4.3.3 INSPECTOR'S AUTHORITY TO REJECT OR STOP
WORK ............................................................... 29
4.3.4 INSPECTOR'S FACILITIES ................................... 29
4.4
RESPONSIBILITY FOR ADDITIONAL
CHARGES INCURRED BY THE OWNER
FOR PROFESSIONAL SERVICES ................ 29
4.5
NOTICES OF POTENTIAL CHANGE,
CHANGE ORDER REQUESTS, AND
CLAIMS ........................................................... 30
4.5.1 NOTICE OF POTENTIAL CHANGE ....................... 30
4.5.2 CHANGE ORDERS REQUESTS ............................ 31
4.5.3 DEFINITION OF CLAIM ....................................... 32
4.5.4 TIME FOR SUBMITTING CLAIM; WAIVER ........... 32
4.5.5 CONTENT OF CLAIM .......................................... 33
4.5.5.1 CLAIM FORMAT; WAIVER ........................... 33
4.5.5.2 CLAIMS FOR ADDITIONAL MONEY .............. 35
4.5.5.3 CLAIMS FOR ADDITIONAL TIME .................. 35
4.5.5.3.1 NOTICE OF EXTENT OF CLAIM.................. 35
4.5.5.3.2 UNUSUALLY SEVERE WEATHER CLAIMS .... 35
4.5.5.4 “PASS THROUGH” CLAIMS........................ 35
4.5.6 PROCEDURES FOR CLAIMS LESS THAN OR
EQUAL TO $375,000 (PUBLIC CONTRACT
CODE SECTION 20104.2..................................... 36
4.5.6.1 CLAIMS FOR LESS THAN $50,000 ............... 36
4.5.6.2 CLAIMS OVER $50,000 AND LESS THAN OR
EQUAL TO $375,000 .................................. 37
4.5.6.3 MEET AND CONFER .................................. 37
4.5.6.4 GOVERNMENT CODE CLAIM ...................... 37
4.5.7 PROCEDURES FOR CLAIMS OVER $375,000 ...... 38
4.5.8 CONTINUING CONTRACT PERFORMANCE .......... 38
4.5.9 CLAIMS FOR CONCEALED OR UNKNOWN
CONDITIONS ...................................................... 38
4.5.9.1 TRENCHES OR EXCAVATIONS LESS THAN
FOUR FEET BELOW THE SURFACE ............. 38

ARTICLE 4 ................................................................. 25
ADMINISTRATION OF THE CONTRACT .............. 25
4.1
ARCHITECT ................................................... 25
4.1.1 DEFINITION ....................................................... 25
4.1.2 MODIFICATION ................................................. 26
4.1.3 TERMINATION ................................................... 26

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4.5.9.2 TRENCHES OR EXCAVATIONS GREATER
THAN FOUR FEET BELOW THE SURFACE ... 39
4.5.10 INJURY OR DAMAGE TO PERSON OR
PROPERTY ......................................................... 39

ARTICLE 7 ................................................................. 48
CHANGES IN THE WORK ........................................ 48
7.1
CHANGES ....................................................... 48
7.1.1 NO CHANGES WITHOUT AUTHORIZATION ........ 48
7.1.2 AUTHORITY TO ORDER MINOR CHANGES ......... 49
7.2
CHANGE ORDERS ("CO") ............................ 49
7.3
CONSTRUCTION CHANGE DIRECTIVES
("CCD")............................................................ 49
7.3.1 DEFINITION ....................................................... 49
7.3.2 USE TO DIRECT CHANGE................................... 50
7.4
REQUEST FOR INFORMATION ("RFI") ...... 50
7.4.1 DEFINITION ....................................................... 50
7.4.2 SCOPE ............................................................... 50
7.4.3 RESPONSE TIME ................................................ 50
7.4.4 COSTS INCURRED .............................................. 51
7.5
REQUEST FOR PROPOSAL ("RFP") ............ 51
7.5.1 DEFINITION ....................................................... 51
7.5.2 SCOPE ............................................................... 51
7.6
CHANGE ORDER REQUEST ("COR") ......... 51
7.6.1 DEFINITION ....................................................... 51
7.6.2 CHANGES IN PRICE............................................ 51
7.6.3 CHANGES IN TIME ............................................. 51
7.7
PRICE OF CHANGE ORDERS ....................... 51
7.7.1 SCOPE ............................................................... 51
7.7.2 DETERMINATION OF COST ................................ 52
7.7.3 FORMAT FOR PROPOSED COST CHANGE ........... 54
7.7.4 DISCOUNTS, REBATES, AND REFUNDS .............. 55
7.7.5 ACCOUNTING RECORDS .................................... 55
7.7.6 NOTICE REQUIRED ............................................ 55
7.7.7 APPLICABILITY TO SUBCONTRACTORS.............. 56
7.8
WAIVER OF RIGHT TO CLAIM MONEY
OR TIME.......................................................... 56
7.9
COST SAVINGS ............................................. 56

ARTICLE 5 ................................................................. 40
SUBCONTRACTORS ................................................ 40
5.1
DEFINITIONS................................................. 40
5.1.1 SUBCONTRACTOR ............................................. 40
5.1.2 SUB-SUBCONTRACTOR ..................................... 40
5.1.3 SPECIALTY CONTRACTORS ............................... 40
5.2
AWARD OF SUBCONTRACTS AND
OTHER CONTRACTS FOR PORTIONS OF
THE WORK ..................................................... 40
5.2.1 ASSIGNMENT OR SUBSTITUTION - CONSENT OF
OWNER ............................................................. 40
5.2.2 GROUNDS FOR SUBSTITUTION .......................... 41
5.2.2.1 NO CHANGE IN CONTRACT ........................ 41
5.2.2.2 SUBSTITUTION ........................................... 42
5.3
SUBCONTRACTUAL RELATIONS ............. 42
5.4
CONTINGENT ASSIGNMENT OF
SUBCONTRACTS .......................................... 43
5.5
SUBCONTRACTOR'S
RESPONSIBILITIES ...................................... 43
5.5.1 SUPERVISION BY SUBCONTRACTORS ................ 43
5.5.2 DISCIPLINE AND ORDER.................................... 43
5.5.3 DEFECTS DISCOVERED ..................................... 43
5.5.4 SUBCONTRACTOR INFORMATION ...................... 44
5.5.5 TEMPORARY STRUCTURES................................ 44
5.5.6 CHARGES TO SUBCONTRACTOR ........................ 44
5.5.7 FINES IMPOSED ................................................. 44
5.5.8 PROJECT SIGNS ................................................. 44
5.5.9 REMEDIES FOR FAILURE TO PERFORM .............. 45
5.5.10 DISPUTES NOT TO AFFECT WORK .................... 45
5.5.11 APPLICATION FOR PAYMENT ............................ 45
5.5.11 APPLICATION FOR PAYMENT ............................ 45
5.5.12 COMPLIANCE WITH PROCEDURES ..................... 46
5.5.13 ON-SITE RECORD KEEPING .............................. 46
5.5.14 NON-EXCLUSIVE OBLIGATIONS........................ 46

ARTICLE 8 ................................................................. 56
TIME
................................................................. 56
8.1
DEFINITIONS ................................................. 56
8.1.1 CONTRACT TIME ............................................... 56
8.1.2 NOTICE TO PROCEED......................................... 56
8.1.3 DAYS ................................................................ 56
8.2
HOURS OF WORK ......................................... 57
8.2.1 SUFFICIENT FORCES .......................................... 57
8.2.2 PERFORMANCE DURING WORKING HOURS ....... 57
8.2.3 LABOR CODE APPLICATION .............................. 57
8.2.4 COSTS FOR AFTER HOURS INSPECTIONS ........... 57
8.2.5 TIME FOR COMMENCEMENT BY
SUBCONTRACTORS ............................................ 58
8.3. PROGRESS AND COMPLETION .................. 58
8.3.1 TIME OF THE ESSENCE ...................................... 58
8.3.2 NO COMMENCEMENT WITHOUT INSURANCE .... 58
8.3.3 EXPEDITIOUS COMPLETION ............................... 58
8.4
EXTENSIONS OF TIME - LIQUIDATED
DAMAGES ...................................................... 58
8.4.1 CONDITIONS ALLOWING FOR EXTENSIONS OF
TIME TO COMPLETE THE WORK ONLY
(EXCUSABLE DELAY) ........................................ 58

ARTICLE 6 ................................................................. 46
CONSTRUCTION BY OWNER OR BY SEPARATE
CONTRACTORS........................................................ 46
6.1
OWNER'S RIGHT TO PERFORM
CONSTRUCTION AND TO ENTER
SEPARATE CONTRACTS ............................. 46
6.1.1 OWNER'S RIGHTS .............................................. 46
6.1.2 DESIGNATION AS CONTRACTOR ....................... 46
6.1.3 CONTRACTOR DUTIES....................................... 47
6.1.4 OWNER OBLIGATIONS ...................................... 47
6.2
MUTUAL RESPONSIBILITY ........................ 47
6.2.1 DELIVERY AND STORAGE ................................. 47
6.2.2 NOTICE BY CONTRACTOR ................................. 47
6.2.3 COSTS INCURRED.............................................. 47
6.2.4 CORRECTION OF DAMAGE ................................ 48
6.3
OWNER'S RIGHT TO CLEAN UP ................. 48

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8.4.2 COMPENSABLE DELAY (TIME AND MONEY) ..... 59
8.4.3 NOTICE BY CONTRACTOR REQUIRED;
PROCEDURES FOR DEMANDING ADDITIONAL
COMPENSATION ................................................ 59
8.4.4 EARLY COMPLETION ........................................ 59
8.4.5 LIQUIDATED DAMAGES .................................... 59
8.5
GOVERNMENT APPROVALS...................... 60

10.1.4 ACCIDENT REPORTS .......................................... 71
10.1.5 FIRST-AID SUPPLIES AT SITE ............................ 71
10.2 SAFETY OF PERSONS AND PROPERTY .... 71
10.2.1 THE CONTRACTOR ............................................ 71
10.2.2 CONTRACTOR NOTICES ..................................... 72
10.2.3 SAFETY BARRIERS AND SAFEGUARDS............... 72
10.2.4 USE OR STORAGE OF HAZARDOUS MATERIAL .. 72
10.2.5 FINGERPRINTING................................................ 72
10.3 PROTECTION OF WORK AND
PROPERTY ..................................................... 72
10.3.1 PROTECTION OF WORK ..................................... 72
10.3.2 PROTECTION FOR ELEMENTS............................. 72
10.3.3 SHORING AND STRUCTURAL LOADING.............. 73
10.3.4 CONFORMANCE WITHIN ESTABLISHED
LIMITS............................................................... 73
10.3.5 SUBCONTRACTOR ENFORCEMENT OF RULES .... 73
10.3.6 SITE ACCESS ..................................................... 73
10.3.7 PROTECTION OF MATERIALS ............................. 73
10.4 EMERGENCIES .............................................. 74
10.4.1 EMERGENCY ACTION ........................................ 74
10.4.2 ACCIDENT REPORTS .......................................... 74
10.5 HAZARDOUS MATERIALS.......................... 74
10.5.1 DISCOVERY OF HAZARDOUS MATERIALS ......... 74
10.5.2 HAZARDOUS MATERIAL WORK LIMITATIONS .. 74
10.5.3 INDEMNIFICATION BY OWNER FOR
HAZARDOUS MATERIAL NOT CAUSED BY
CONTRACTOR.................................................... 75
10.5.4 INDEMNIFICATION BY CONTRACTOR FOR
HAZARDOUS MATERIAL CAUSED BY
CONTRACTOR.................................................... 75
10.5.5 TERMS OF HAZARDOUS MATERIAL PROVISION. 75
10.5.6 ARCHEOLOGICAL MATERIALS .......................... 75

ARTICLE 9 ................................................................. 60
PAYMENTS AND COMPLETION............................ 60
9.1
CONTRACT SUM .......................................... 60
9.2
COST BREAKDOWN..................................... 60
9.2.1 REQUIRED INFORMATION ................................. 60
9.2.2 OWNER ACCEPTANCE REQUIRED ..................... 61
9.3
APPLICATIONS FOR PAYMENT................. 61
9.3.1 PROCEDURE ...................................................... 61
9.3.2 PURCHASE OF MATERIALS AND EQUIPMENT .... 62
9.3.3 WARRANTY OF TITLE ....................................... 62
9.4
REVIEW OF SUBLEASE PAYMENT ........... 63
9.4.1 OWNER ACCEPTANCE ....................................... 63
9.4.2 OWNER'S REVIEW ............................................. 63
9.5
DECISIONS TO WITHHOLD PAYMENT .... 63
9.5.1 REASONS TO WITHHOLD PAYMENT .................. 63
9.5.2 PAYMENT AFTER CURE .................................... 65
9.5.3 OVERPAYMENT AND/OR FAILURE TO
WITHOLD .......................................................... 66
9.6
SUBLEASE PAYMENTS ............................... 66
9.6.1 PAYMENTS TO CONTRACTOR ............................ 66
9.6.2 PAYMENTS TO SUBCONTRACTORS .................... 66
9.6.3 PERCENTAGE OF COMPLETION OR PAYMENT
INFORMATION ................................................... 66
9.6.4 NO OBLIGATION OF OWNER FOR
SUBCONTRACTOR PAYMENT............................. 67
9.6.5 PAYMENT TO SUPPLIERS ................................... 67
9.6.6 PAYMENT NOT CONSTITUTING APPROVAL OR
ACCEPTANCE .................................................... 67
9.6.7 JOINT CHECKS .................................................. 67
9.7
COMPLETION OF THE WORK .................... 67
9.7.1 CLOSE-OUT PROCEDURES ................................ 67
9.7.2 COSTS OF MULTIPLE INSPECTIONS ................... 68
9.8
PARTIAL OCCUPANCY OR USE................. 68
9.9
FINAL SUBLEASE PAYMENT AND
RELEASE OF RETENTION ........................... 68
9.9.1 FINAL APPLICATION FOR SUBLEASE PAYMENT 68
9.9.2 PROCEDURES FOR APPLICATION FOR FINAL
PROGRESS PAYMENT ........................................ 69
9.9.3 RELEASE OF RETAINAGE .................................. 69
9.10 SUBSTITUTION OF SECURITIES................ 70

ARTICLE 11 ............................................................... 75
INSURANCE AND BONDS ....................................... 75
11.1 CONTRACTOR'S LIABILITY
INSURANCE ................................................... 75
11.1.1 LIABILITY INSURANCE REQUIREMENTS ............ 75
11.1.2 SUBCONTRACTOR INSURANCE
REQUIREMENTS................................................. 77
11.1.3 OWNER'S INSURANCE........................................ 77
11.1.4 ADDITIONAL INSURED ENDORSEMENT
REQUIREMENTS................................................. 77
11.1.5 WORKERS’ COMPENSATION INSURANCE........... 77
11.1.6 BUILDER’S RISK/“ALL RISK” INSURANCE ........ 78
11.1.6.1 COURSE-OF-CONSTRUCTION
INSURANCE REQUIREMENTS .......................... 78
11.1.7 CONSENT OF INSURER FOR PARTIAL
OCCUPANCY OR USE ......................................... 78
11.1.8 FIRE INSURANCE ............................................... 78
11.1.9 OTHER INSURANCE ........................................... 79
11.1.10 PROOF OF CARRIAGE OF INSURANCE.............. 79
11.1.11 COMPLIANCE ................................................. 79
11.2 PERFORMANCE AND PAYMENT
BONDS ............................................................ 80
11.2.1 BOND REQUIREMENTS ...................................... 80

ARTICLE 10 ............................................................... 70
PROTECTION OF PERSONS AND PROPERTY ..... 70
10.1 SAFETY PRECAUTIONS AND
PROGRAMS ................................................... 70
10.1.1 CONTRACTOR RESPONSIBILITY ........................ 70
10.1.2 SUBCONTRACTOR RESPONSIBILITY .................. 70
10.1.3 COOPERATION .................................................. 71

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11.2.2 SURETY QUALIFICATION .................................. 80

13.9.1 APPLICATION OF LABOR CODE ......................... 87
13.10 APPRENTICES ............................................... 89
13.10.1 APPRENTICE WAGES AND DEFINITIONS ......... 89
13.10.2 APPRENTICE LABOR POOL ............................. 90
13.10.3 JOURNEYMAN/APPRENTICE RATIO;
COMPUTATION OF HOURS .............................. 90
13.10.4 JOURNEYMAN/APPRENTICE RATIO................. 91
13.10.4.1 APPRENTICEABLE CRAFT OR TRADE ....... 91
13.10.5 RATIO EXEMPTION ......................................... 91
13.10.6 APPRENTICE FUND ......................................... 92
13.10.7 PRIME CONTRACTOR COMPLIANCE ................ 92
13.10.8 DECISIONS OF JOINT APPRENTICESHIP
COMMITTEE ................................................... 92
13.10.9 NO BIAS ......................................................... 92
13.10.10 VIOLATION OF LABOR CODE .......................... 92
13.11 ASSIGNMENT OF ANTITRUST CLAIMS ... 93
13.11.1 APPLICATION ................................................. 93
13.11.2 ASSIGNMENT OF CLAIM ................................. 94
13.12 AUDIT ............................................................. 94
13.13 STORM WATER DISCHARGE PERMIT ...... 94

ARTICLE 12 ............................................................... 81
UNCOVERING AND CORRECTION OF WORK .... 81
12.1 UNCOVERING OF WORK ............................ 81
12.1.1 UNCOVERING WORK FOR REQUIRED
INSPECTIONS ..................................................... 81
12.1.2 COSTS FOR INSPECTIONS NOT REQUIRED .......... 81
12.2 CORRECTION OF WORK; WARRANTY .... 81
12.2.1 CORRECTION OF REJECTED WORK ................... 81
12.2.2 REMOVAL OF NONCONFORMING WORK ........... 81
12.2.3 OWNER'S RIGHTS IF CONTRACTOR FAILS TO
CORRECT .......................................................... 81
12.2.4 COST OF CORRECTING THE WORK .................... 82
12.2.5 WARRANTY CORRECTIONS ............................... 82
12.2.6 NO TIME LIMITATION ....................................... 82
12.3 NONCONFORMING WORK AND
WITHHOLDING THE VALUE OF IT ............ 83
ARTICLE 13 ............................................................... 83
MISCELLANEOUS PROVISIONS ........................... 83
13.1 GOVERNING LAW ........................................ 83
13.2 SUCCESSORS AND ASSIGNS...................... 83
13.3 WRITTEN NOTICE ........................................ 83
13.4 RIGHTS AND REMEDIES ............................. 83
13.4.1 DUTIES AND OBLIGATIONS CUMULATIVE ......... 84
13.4.2 NO WAIVER ...................................................... 84
13.5 TESTS AND INSPECTIONS .......................... 84
13.5.1 COMPLIANCE .................................................... 84
13.5.2 INDEPENDENT TESTING LABORATORY ............. 84
13.5.3 ADVANCE NOTICE TO INSPECTOR ..................... 84
13.5.4 TESTING OFF-SITE ............................................ 84
13.5.5 ADDITIONAL TESTING OR INSPECTION .............. 85
13.5.6 COSTS FOR RETESTING ..................................... 85
13.5.7 COSTS FOR PREMATURE TEST........................... 85
13.5.8 TESTS OR INSPECTIONS NOT TO DELAY
WORK ............................................................... 85
13.6 [INTENTIONALLY LEFT BLANK] .............. 85
13.7 TRENCH EXCAVATION............................... 85
13.7.1 TRENCHES GREATER THAN FIVE FEET ............. 85
13.7.2 EXCAVATION SAFETY ....................................... 85
13.7.3 NO TORT LIABILITY OF OWNER ........................ 86
13.7.4 NO EXCAVATION WITHOUT PERMITS ............... 86
13.8 WAGE RATES ................................................ 86
13.8.1 WAGE RATES.................................................... 86
13.8.2 HOLIDAY AND OVERTIME PAY ......................... 86
13.8.3 WAGE RATES NOT AFFECTED BY
SUBCONTRACTS ................................................ 86
13.8.4 CHANGE IN PREVAILING WAGE DURING BID
OR CONSTRUCTION ........................................... 86
13.8.5 FORFEITURE AND PAYMENTS............................ 87
13.8.6 MINIMUM WAGE RATES ................................... 87
13.8.7 PER DIEM WAGES ............................................. 87
13.8.8 POSTING OF WAGE RATES ................................ 87
13.9 RECORD OF WAGES PAID:
INSPECTION .................................................. 87

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ARTICLE 14 ............................................................... 94
TERMINATION OR SUSPENSION OF THE
CONTRACT................................................................ 94
14.1 TERMINATION BY THE CONTRACTOR
FOR CAUSE .................................................... 94
14.2 TERMINATION BY THE OWNER FOR
CAUSE ............................................................. 95
14.2.1 GROUNDS FOR TERMINATION ........................... 95
14.2.2 NOTIFICATION OF TERMINATION ...................... 95
14.2.3 PAYMENTS WITHHELD ...................................... 96
14.2.4 PAYMENTS UPON COMPLETION ........................ 96
14.2.5 INCLUSION OF TERMINATION FOR
CONVENIENCE ................................................... 96
14.2.6 SURETY
ERROR! BOOKMARK NOT DEFINED.
14.3 SUSPENSION OR TERMINATION BY THE
OWNER FOR CONVENIENCE...................... 96
14.3.1 SUSPENSION BY OWNER .................................... 96
14.3.1.1 ADJUSTMENTS ....................................... 96
14.3.1.2 ADJUSTMENTS FOR FIXED COST ............. 96
14.3.2 TERMINATION BY THE OWNER FOR
CONVENIENCE................................................... 96
14.4 NOT A WAIVER ............................................. 97
14.5 MUTUAL TERMINATION FOR
CONVENIENCE ............................................. 97
14.6 EARLY TERMINATION ................................ 97

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ARTICLE 1
GENERAL CONDITIONS
1.1

BASIC DEFINITIONS

1.1.1 THE CONTRACT DOCUMENTS
The “Contract Documents” consist of the Lease-Leaseback Agreement between Owner
and Contractor (hereinafter the “Agreement”), Conditions of the Contract (General,
Supplementary and other Conditions), Drawings, Specifications, Payment Bond, Performance
Bond, the Site Lease, the Sublease, required insurance certificates, additional insured
endorsement and declarations page, list of proposed subcontractors, Noncollusion Declaration,
and the Fingerprinting Notice and Acknowledgment and Independent Contractor Student Contact
Form, other documents referred to in the Agreement, and Modifications issued after execution of
the Agreement. A Modification is a written amendment to the Contract signed by both parties, a
Change Order, a Construction Change Directive, or a written order for a minor change in the
Work issued by the Owner. The Contract Documents are complementary, and each obligation of
the Contractor, Subcontractors, and material or equipment suppliers in any one shall be binding
as if specified in all.
1.1.2 THE CONTRACT
The Contract Documents form the Contract. The “Contract” represents the entire and integrated
agreement between the parties hereto and supersedes prior negotiations, representations, or
agreements, either written or oral. The Contract may be amended or modified only by a written
Modification. The Contract Documents shall not be construed to create a contractual
relationship of any kind between the Architect and Contractor, between the Owner and any
Subcontractor or Sub-subcontractor, or between any persons or entities other than the Owner and
the Contractor. The terms of the Contract shall not be waived, altered, modified, supplemented
or amended in any manner whatsoever except by written agreement signed by the parties and
approved or ratified by the Governing Board.
1.1.3 THE WORK
The “Work” shall include all labor, materials, services and equipment necessary for the
Contractor to fulfill all of its obligations pursuant to the Contract Documents, including punch
list work. It shall include the initial obligation of any Contractor or Subcontractor, who performs
any portion of the Work, to visit the Site of the proposed Work with Owner’s representatives, a
continuing obligation after the commencement of the Work to fully acquaint and familiarize
itself with the conditions as they exist and the character of the operations to be carried on under
the Contract Documents, and make such investigation as it may see fit so that it shall fully
understand the facilities, physical conditions, and restrictions attending the Work under the
Contract Documents. Each such Contractor or Subcontractor shall also thoroughly examine and
become familiar with the Drawings, Specifications, and associated bid documents. The "Site"
refers to the grounds of the Project as defined in the Contract Documents and such adjacent lands

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as may be directly affected by the performance of the Work. The Work shall constitute a “work
of improvement” under Civil Code section 8050 and Public Contract Code section 7107, and
such a “work of improvement” shall not include work being performed by the Owner (by itself
or through other contractors) that is related to the Work.
1.1.4 THE PROJECT
The “Project” is the total construction of the Work performed in accordance with the Contract
Documents in whole or in part and which may include construction by the Owner or by separate
contractors.
1.1.5 THE DRAWINGS
The “Drawings” are graphic and pictorial portions of the Contract Documents prepared for the
Project and approved changes thereto, wherever located and whenever issued, showing the
design, location, and scope of the Work, generally including plans, elevations, sections, details,
schedules, and diagrams as drawn or approved by the Architect.
1.1.6 THE SPECIFICATIONS
The “Specifications” are that portion of the Contract Documents consisting of the written
requirements for material, equipment, construction systems, instructions, quality assurance
standards, workmanship, and performance of related services.
1.1.7 THE PROJECT MANUAL
The “Project Manual” is the volume usually assembled for the Work which may include, without
limitation, sample forms, Agreement, Conditions of the Contract, and Specifications.
1.1.8 OR
“Or” shall include “and/or.”
1.1.9 COMPLETION
References to “complete” and “completion” of the Work or Project in the Construction
Documents do not include the concept of substantial completion.
1.2

EXECUTION, CORRELATION AND INTENT

1.2.1 CORRELATION AND INTENT
1.2.1.1 Documents Complementary and Inclusive. The Contract Documents are
complementary and are intended to include all items required for the proper execution and
completion of the Work. Any item of work mentioned in the Specifications and not shown on

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the Drawings, or shown on the Drawings and not mentioned in the Specifications, shall be
provided by Contractor as if shown or mentioned in both.
1.2.1.2 Coverage of the Drawings and Specifications. The Drawings and Specifications
generally describe the work to be performed by Contractor. Generally, the Specifications
describe work which cannot be readily indicated on the Drawings and indicate types, qualities,
and methods of installation of the various materials and equipment required for the Work. It is
not intended to mention every item of Work in the Specifications, which can be adequately
shown on the Drawings, or to show on the Drawings all items of Work described or required by
the Specifications even if they are of such nature that they could have been shown. All materials
or labor for Work, which is shown on the Drawings or the Specifications (or is reasonably
inferable therefrom as being necessary to complete the Work), shall be provided by the
Contractor whether or not the Work is expressly covered in the Drawings or the Specifications.
It is intended that the Work be of sound, quality construction, and the Contractor shall be
responsible for the inclusion of adequate amounts to cover installation of all items indicated,
described, or implied in the portion of the Work to be performed by Contractor.
1.2.1.3 Conflicts. Without limiting Contractor's obligation to identify conflicts for
resolution by the Owner, it is intended that the more stringent, higher quality, and greater
quantity of Work shall apply for any conflict within the Contract Documents.
1.2.1.4 Conformance With Laws. Each and every provision of law required by law to be
inserted in this Contract shall be deemed to be inserted herein, and the Contract shall be read and
enforced as though it were included herein, and if through mistake or otherwise any such
provision is not inserted, or is not correctly inserted, then upon application of either party the
Contract shall be amended in writing to make such insertion or correction.
Before commencing any portion of the Work, Contractor shall check and review the
Drawings and Specifications for such portion for conformance and compliance with all laws,
ordinances, codes, rules and regulations of all governmental authorities and public utilities
affecting the construction and operation of the physical plant of the Project, all quasigovernmental and other regulations affecting the construction and operation of the physical plant
of the Project, and other special requirements, if any, designated in the Contract Documents. In
the event Contractor observes any violation of any law, ordinance, code, rule or regulation, or
inconsistency with any such restrictions or special requirements of the Contract Documents,
Contractor shall promptly notify Architect and Owner in writing of same and shall ensure that
any such violation or inconsistency shall be corrected in the manner provided hereunder prior to
the construction of that portion of the Project. Where requirements of the Contract Documents
exceed those of the applicable building codes and ordinances, the Contract Documents shall
govern. Contractor shall comply will all applicable Federal, State and local laws.
If, as and to the extent that Public Contract Code section 1104 is deemed to apply after
the execution of the Contract, Contractor shall not be required to assume responsibility for the
completeness and accuracy of architectural or engineering plans and specifications,
notwithstanding any other provision in the Contract Documents, except to the extent that
Contractor discovered or should have discovered and reported any errors and omissions to the

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Architect or Owner, including but not limited to as the result of any review of the plans and
specifications by Contractor required by the Instructions to Bidders or other Contract
Documents, whether or not actually performed by Contractor.
1.2.1.5 Ambiguity. Before commencing any portion of the Work, Contractor shall
carefully examine all Drawings and Specifications and other information given to Contractor as
to materials and methods of construction and other Project requirements. Contractor shall
immediately notify Architect and Owner in writing of any perceived or alleged error,
inconsistency, ambiguity, or lack of detail or explanation in the Drawings and Specifications in
the manner provided herein. If the Contractor or its Subcontractors, material or equipment
suppliers, or any of their officers, agents, and employees performs, permits, or causes the
performance of any Work under the Contract Documents, which it knows or should have known
to be in error, inconsistent, or ambiguous, or not sufficiently detailed or explained, Contractor
shall bear any and all costs arising therefrom including, without limitation, the cost of correction
thereof without increase or adjustment to the Contract Sum or the time for performance. If
Contractor performs, permits, or causes the performance of any Work under the Contract
Documents prepared by or on behalf of Contractor which is in error, inconsistent or ambiguous,
or not sufficiently detailed or explained, Contractor shall bear any and all resulting costs,
including, without limitation, the cost of correction, without increase to or adjustment in the
Contract Sum or the time for performance. In no case shall any Subcontractor proceed with the
Work if uncertain without the Contractor's written direction and/or approval.
1.2.1.6 Execution. Execution of the Agreement Between Owner and Contractor by the
Contractor is a representation that the Contractor has visited the site, become familiar with the
local conditions under which the Work is to be performed and has correlated personal
observations with the requirements of the Contract Documents.
1.2.2 ADDENDA AND DEFERRED APPROVALS
1.2.2.1 Addenda. Subsequent addenda issued shall govern over prior addenda only to the
extent specified. In accordance with Title 24, California Code of Regulations, addenda shall be
approved by the Division of the State Architect ("DSA").
1.2.2.2 Deferred Approvals. The requirements approved by the DSA on any item
submitted as a deferred approval in accordance with Title 24, California Code of Regulations,
shall take precedence over any previously issued addenda, drawing or specification.
1.2.3 SPECIFICATION INTERPRETATION
1.2.3.1 Titles. The Specifications are separated into titled sections for convenience only
and not to dictate or determine the trade or craft involved. Organization of the Specifications
into divisions, sections and articles, and arrangement of Drawings shall not control the
Contractor in dividing the Work among Subcontractors or in establishing the extent of work to
be performed by any trade.

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1.2.3.2 As Shown, Etc. Where "as shown," "as indicated," "as detailed," or words of
similar import are used, reference is made to the Drawings accompanying the Specifications
unless otherwise stated. Where "as directed," "as required," "as permitted," "as authorized," "as
accepted," "as selected," or words of similar import are used, the direction, requirement,
permission, authorization, approval, acceptance, or selection by Architect is intended unless
otherwise stated.
1.2.3.3 Provide. "Provide" means "provided complete in place," that is, furnished,
installed, tested, and ready for operation and use.
1.2.3.4 General Conditions. The General Conditions and any supplementary general
conditions are a part of each and every section of the Specifications.
1.2.3.5 Abbreviations. In the interest of brevity, the Specifications are written in an
abbreviated form and may not include complete sentences. Omission of words or phrases such
as "Contractor shall," "shall be," etc., are intentional. Nevertheless, the requirements of the
Specifications are mandatory. Omitted words or phrases shall be supplied by inference in the
same manner as they are when a "note" occurs on the Drawings.
1.2.3.6 Plural. Words in the singular shall include the plural whenever applicable or the
context so indicates.
1.2.3.7 Metric. The Specifications may indicate metric units of measurement as a
supplement to U.S. customary units. When indicated thus: 1" (25 mm), the U. S. customary unit
is specific, and the metric unit is nonspecific. When not shown with parentheses, the unit is
specific. The metric units correspond to the "International System of Units" (SI) and generally
follow ASTM E 380, "Standard for Metric Practice."
1.2.3.8 Standard Specifications. Any reference to standard specifications of any society,
institute, association, or governmental authority is a reference to the organization's standard
specifications, which are in effect as of the date the Notice to Bidders is first published. If
applicable specifications are revised prior to completion of any part of the Work, the Contractor
may, if acceptable to Owner and Architect, perform such Work in accordance with the revised
specifications. The standard specifications, except as modified in the Specifications for the
Project, shall have full force and effect as though printed in the Specifications. Architect will
furnish, upon request, information as to how copies of the standard specifications referred to may
be obtained.
1.2.3.9 Absence of Modifiers. In the interest of brevity, the Contract Documents
frequently omit modifying words such as "all" and "any" and articles such as "the" and "an," but
the fact that a modifier or an article is absent from one statement and appears in another is not
intended to affect the interpretation of either statement.

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1.3
OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS
AND OTHER DOCUMENTS
The Drawings, Specifications, and other documents prepared on behalf of the Owner are
instruments of the services of the Architect and its consultants and are the property of the Owner.
The Contractor may retain one contract record set. Neither the Contractor nor any
Subcontractor, Sub-subcontractor, or material or equipment supplier shall own or claim a
copyright in the Drawings, Specifications, and other documents prepared by the Architect, and
unless otherwise indicated the Architect shall be deemed the author of them. All copies of them,
except the Contractor's record set, shall be returned or suitably accounted for to the Owner, upon
request upon completion of the Work. The Drawings, Specifications, and other documents
prepared by the Architect, and copies thereof furnished to the Contractor, are for use solely with
respect to this Project. They are not to be used by the Contractor or any Subcontractor, Subsubcontractor, or material or equipment supplier on other projects or for additions to this Project
outside the scope of the Work without the specific written consent of the Owner and the
Architect. The Contractor, Subcontractors, Sub-subcontractors, and material or equipment
suppliers are granted a limited license to use and reproduce applicable portions of the Drawings,
Specifications, and other documents prepared by the Architect appropriate to and for use in the
execution of their Work under the Contract Documents. Submittal or distribution to meet
official regulatory requirements or for other purposes in connection with this Project is not to be
construed as publication in derogation of the Owner's property interest or other reserved right.
All copies made under this license shall bear appropriate attribution and the statutory copyright
notice, if any, shown on the Drawings, Specifications and other documents prepared by the
Architect.
ARTICLE 2
OWNER
2.1

DEFINITION

The term "Owner" means the person or entity identified as such in the Agreement and is referred
to throughout the Contract Documents as if singular in number. The term "Owner" means the
Owner and/or the Owner's authorized representatives, including but not limited to architects,
construction managers, and inspectors of record. To the extent the Contract Documents indicate
that Owner has assigned duties to particular representatives of the Owner (such as the
architect, inspector of record or any construction manager), Owner reserves the right at all times
to reassign such duties to different Owner representatives.

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2.2

INFORMATION AND SERVICES REQUIRED OF THE OWNER

2.2.1 [INTENTIONALLY LEFT BLANK]
2.2.2 SITE SURVEY
When required by the scope of the Project, the Owner will furnish, at its expense, a legal
description or a land survey of the Site, giving, as applicable, grades and lines of streets, alleys,
pavements, adjoining property, rights-of-way, restrictions, easements, encroachments, zoning,
deed restrictions, boundaries, and contours of the Site. Surveys to determine locations of
construction, grading, and site work shall be provided by the Contractor.
2.2.3 SOILS
2.2.3.1 Owner Furnished Services. When required by the scope of the Project, the
Owner will furnish, at its expense, the services of geotechnical engineers or consultants when
reasonably required or as required by local or state codes. Such services with reports and
appropriate professional recommendations shall include test boring, test pits, soil bearing values,
percolation tests, air and water pollution tests, and ground corrosion and resistivity tests,
including necessary operations for determining subsoil, air, and water conditions.
2.2.3.2 Contractor Reliance. Test borings and soils reports for the Project have been
made for the Owner to indicate the subsurface materials that might be encountered at particular
locations on the Project. The Owner has made these documents available to the Contractor and
the Contractor has studied the results of such test borings and information that it has as to the
subsurface conditions and Site geology as set forth in the test borings and soils reports. The
Owner does not assume any responsibility whatsoever with respect to the sufficiency or accuracy
of the borings made, or of the logs of the test borings, or of other investigations, or of the soils
reports furnished pursuant hereto, or of the interpretations to be made beyond the location or
depth of the borings. There is no warranty or guarantee, either express or implied that the
conditions indicated by such investigations, borings, logs, soil reports or other information are
representative of those existing throughout the site of the Project, or any part thereof, or that
unforeseen developments may not occur. At the Owner's request, the Contractor shall make
available to the Owner the results of any Site investigation, test borings, analyses, studies or
other tests conducted by or in the possession of the Contractor of any of its agents. Nothing
herein contained shall be deemed a waiver by the Contractor to pursue any available legal right
or remedy it may have at any time against any third party who may have prepared any report
and/or test relied upon by the Contractor.
2.2.4 UTILITY SURVEY
When required by the scope of the Project, the Owner will furnish, at its expense, all information
regarding known existing utilities on or adjacent to the Site, including location, size, inverts, and
depths.

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2.2.5 INFORMATION
Upon the request of the Contractor, Owner will make available such existing information
regarding utility services and Site features, including existing construction, related to the Project
as is available from Owner's records. The Contractor may not rely upon the accuracy of any
such information, other than that provided under Sections 2.2.2 and 2.2.4 (except that the
Contractor may not rely upon and must question in writing to the Owner and the Architect any
information which appears incorrect based upon Contractor's Site inspection, knowledge of the
Project, and prior experience with similar projects), unless specifically stated in writing that the
Contractor may rely upon the designated information.
2.2.6 EXISTING UTILITY LINES; REMOVAL, RELOCATION
2.2.6.1 Removal, Relocation. Pursuant to Government Code section 4215, the Owner
assumes the responsibility for removal, relocation, and protection of utilities located on the Site
at the time of commencement of construction under this Contract with respect to any such utility
facilities which are not identified in the drawings and specifications made part of the invitation to
bid. The Contractor shall not be assessed for liquidated damages for delay in completion of the
Project caused by failure of the Owner to provide for removal or relocation of such utility
facilities. Owner shall compensate the Contractor for the costs of locating, repairing damage not
due to the failure of the Contractor to exercise reasonable care, removing or relocating such
utility facilities, and for equipment necessarily idle during such work.
2.2.6.2 Assessment. These subparagraphs shall not be construed to preclude assessment
against the Contractor for any other delays in completion of the Work. Nothing in these
subparagraphs shall be deemed to require the Owner to indicate the presence of existing service
laterals or appurtenances whenever the presence of such utilities on the Site can be inferred from
the presence of other visible facilities, such as buildings, or meter junction boxes on or adjacent
to the Site.
2.2.6.3 Notification. If the Contractor, while performing work under this Contract,
discovers utility facilities not identified by the Owner in the Contract plans or specifications,
Contractor shall immediately notify the Owner and the utility in writing.
2.2.6.4 Underground Utility Clearance. It shall be Contractor's sole responsibility to
timely notify all public and private utilities serving the Site prior to commencing work. The
Contractor shall notify and receive clearance from any cooperative agency, such as Underground
Service Alert, in accordance with Government Code section 4216, et seq. Contractor shall
promptly provide a copy of all such notifications to the Owner.
2.2.7 EASEMENTS
Owner shall secure and pay for easements for permanent structures or permanent changes in
existing facilities, if any, unless otherwise specified in the Contract or Contract Documents.

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2.2.8 REASONABLE PROMPTNESS
Information or services under Owner's control will be furnished by the Owner with reasonable
promptness. The Owner shall not be liable for any delays caused by factors beyond the Owner’s
control including but not limited to DSA's or any other local, State or federal agency's review of
bids, change order requests, RFI's or any other documents.
2.2.9 COPIES FURNISHED
The Contractor will be furnished such copies of Drawings and Project Manuals as are stated in
the Contract Documents.
2.2.10 DUTIES CUMULATIVE
The foregoing are in addition to other duties and responsibilities of the Owner enumerated
herein, and especially those in Article 6 (Construction by Owner or by Separate Contractors),
Article 9 (Payments and Completion), and Article 11 (Insurance and Bonds).
2.3

OWNER'S RIGHT TO STOP THE WORK

If the Contractor fails to correct Work which is not in accordance with the requirements of the
Contract Documents, or persistently fails to carry out Work in accordance with the Contract
Documents, the Owner, after providing Notice pursuant to paragraph 2.4, may order the
Contractor to stop the entire Work or any portion thereof, until the Contractor corrects the
deficient Work. The right of the Owner to stop the Work shall not give rise to a duty on the part
of the Owner to exercise this right for the benefit of the Contractor or any other person or entity,
except to the extent required by Article 6.
2.4

OWNER'S RIGHT TO CARRY OUT THE WORK

If the Contractor fails or refuses to carry out the Work in accordance with the Contract
Documents, Owner may correct such deficiencies by whatever reasonable method the Owner
may deem expedient without prejudice to other remedies the Owner may have. Owner may
exercise this right at any time during the Contractor’s Work. Owner shall first provide written
notice to Contractor of Contractor’s failure or refusal to perform, and such notice shall demand
that Contractor commence correction of such failure or refusal to perform within the time period
set forth in the notice. Such notice need not specifically refer to this provision. If the Contractor
fails to commence correction within the stated time, or fails to continue correction after
expiration of said time, the Owner may then correct such deficiencies by whatever reasonable
method the Owner may deem expedient without prejudice to other remedies the Owner may
have, including but not limited to retaining another contractor to perform some or all of the Work
without terminating the Contract. In the event the Owner takes bids to complete the work
pursuant to this provision, Contractor shall not be eligible for the award of the contract. The
Contractor may be invoiced for all of the Owner’s costs of performing such work, including
compensation for additional professional and internally generated services and expenses made

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necessary by Contractor’s default, neglect, or failure or refusal to perform. The Owner’s costs
may be withheld by Owner from the retention or sublease payments due the Contractor, pursuant
to Section 9.5. If retention and payments withheld then or thereafter due the Contractor are not
sufficient to cover such amounts, the Contractor shall pay the difference to the Owner.
2.5

WEEKLY MEETINGS

Unless otherwise stated in the Contract Documents, and subject to change by Owner, Contractor
and Owner shall meet at least weekly during the performance of Contractor’s work to, among
other things, review work performed to date and to be performed. Owner shall prepare minutes
of each meeting, and Contractor shall have five (5) days after receipt of such minutes to object to
them in writing and provide corrections in writing.
ARTICLE 3
THE CONTRACTOR
3.1

DEFINITION

The Contractor is the person or entity identified as such in the Agreement and is referred to
throughout the Contract Documents as if singular in number. The term "Contractor" means the
Contractor or the Contractor's authorized representative. To the extent that any portion of the
Work is provided with the Contractor's own forces, any reference to Subcontractors shall be
equally applicable to the Contractor.
3.2

SUPERVISION AND CONSTRUCTION PROCEDURES

3.2.1 CONTRACTOR
The Contractor shall supervise and direct the Work using the Contractor's best skill and attention,
which shall meet or exceed the standard skill and attention within the industry. The Contractor
shall be solely responsible for and have control over construction means, methods, techniques,
sequences, procedures, and coordinating all portions of the Work under the Contract, unless
Contract Documents give other specific instructions concerning these matters. If any of the
Work is performed by contractors retained directly by the Owner, Contractor shall be responsible
for the coordination and sequencing of the Work of those other contractors so as to avoid any
impact on the Project Schedule pursuant to the requirements of Article 6. Specific duties of the
Contractor shall be in accordance with Title 24 of the California Code of Regulations.
Contractor shall fully comply with any and all reporting requirements of Education Code
sections 17309 and 81141 in the manner prescribed by Title 24.

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3.2.2 CONTRACTOR RESPONSIBILITY
The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's
employees, Subcontractors, material and equipment suppliers, and their agents, employees,
invitees, and other persons performing portions of the Work under direct or indirect contract with
the Contractor or any of its Subcontractors.
3.2.3 OBLIGATIONS NOT CHANGED BY ARCHITECT'S ACTIONS
The Contractor shall not be relieved of obligations to perform the Work in accordance with the
Contract Documents by the activities or duties of the Owner’s agents, including but not limited
to its construction manager, Architect, or Inspector of Record; or by tests, inspections, or
approvals required or performed by persons other than the Contractor.
3.2.4 CONTRACTOR RESPONSIBILITY FOR READINESS FOR WORK
The Contractor shall be responsible for inspection of Work already performed under the Contract
Documents to determine that such portions are in proper condition to receive subsequent work.
3.3

SUPERINTENDENT

3.3.1 FULL TIME SUPERINTENDENT
The Contractor shall provide a competent superintendent and assistants as necessary, all of
whom shall be reasonably proficient in speaking, reading and writing English and, who shall be
in attendance at the Project site during performance of the Work. The superintendent shall
represent the Contractor, and communications given to the superintendent shall be as binding as
if given to the Contractor.
3.3.2 STAFF
The Contractor and each Subcontractor shall: furnish a competent and adequate staff as
necessary for the proper administration, coordination, supervision, and superintendence of its
portion of the Work; organize the procurement of all materials and equipment so that the
materials and equipment will be available at the time they are needed for the Work; and keep an
adequate force of skilled workers on the job to complete the Work in accordance with all
requirements of the Contract Documents.
3.3.3 RIGHT TO REMOVE
Owner shall have the right, but not the obligation, to require the removal from the Project of any
superintendent, staff member, agent, or employee of any Contractor, Subcontractor, material or
equipment supplier, etc., for cause.

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3.4

LABOR AND MATERIALS

3.4.1 CONTRACTOR TO PROVIDE
Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for
labor, material, equipment, tools, construction equipment and machinery, water, heat, utilities,
transportation, and other facilities and services necessary for proper execution and completion of
the Work whether temporary or permanent and whether or not incorporated or to be incorporated
in the Work.
3.4.2 QUALITY
Unless otherwise specified, all materials and equipment to be permanently installed in the Project
shall be new and shall be of such quality as required to satisfy the standards of the Contract
Documents. The Contractor shall, if requested, promptly furnish satisfactory evidence as to kind
and quality of all materials and equipment. All labor shall be performed by workers skilled in
their respective trades, and shall be of such quality so that work in accordance with the standards
of construction in the industry, and those as required by the Contract Documents, whichever are
higher, will result.
3.4.3 REPLACEMENT
Any work, materials, or equipment, which does not conform to these requirements or the
standards set forth in the Contract Documents, may be disapproved and rejected by the Owner, in
which case, they shall be removed and replaced by the Contractor at no cost to the Owner.
3.4.4 DISCIPLINE
The Contractor shall enforce strict discipline and good order among the Contractor's employees
and other persons carrying out the Contract in accordance with paragraph 5.5.1 including, but not
limited to, Subcontractors, and material or equipment suppliers retained for the Project.
3.5

WARRANTY

For the period of one (1) year after completion of the Work (see Sections 9.7.1 and 12.2.2), the
Contractor warrants to the Owner that material and equipment furnished under the Contract will
be of good quality and new unless otherwise required or permitted by the Contract Documents,
that the Work will be free from defects not inherent in the quality required or permitted, and that
the Work will conform with the requirements of the Contract Documents. Work not conforming
to these requirements, including substitutions not properly approved and authorized, may be
considered defective. The Contractor's warranty does not cover damage or defect caused by
abuse, modifications not executed by the Contractor, improper or insufficient maintenance,
improper operation, or normal wear and tear under normal usage. If required by the Owner, the
Contractor shall furnish satisfactory evidence as to the kind and quality of materials and
equipment. So long as Owner forwards written notification of any warranty item to Contractor

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within the warranty period, Contractor’s obligation to correct the warranty item continues until
the correction is made.
3.6

TAXES

Contractor will pay all applicable Federal, State, and local taxes on all materials, labor, or
services furnished by it, and all taxes arising out of its operations under the Contract Documents.
Owner is exempt from Federal Excise Tax, and a Certificate of Exemption shall be provided
upon request.
3.7

PERMITS, FEES AND NOTICES

3.7.1 PAYMENT
The Contractor shall secure and pay for all permits and governmental fees, licenses, and
inspections necessary for proper execution and completion of the Work which are customarily
secured after execution of the Contract and are legally required by any authority having
jurisdiction over the Project, except those required by the Division of the State Architect (DSA).
Owner shall be responsible for all testing and inspection as required by the DSA on-Site or
within the distance limitations set forth in paragraph 13.5.2, unless a different mileage range is
specified in the Contract Documents.
3.7.2 COMPLIANCE
The Contractor shall comply with and give notices required by any law, ordinance, rule,
regulation, and lawful order of public authorities bearing on performance of the Work.
3.7.3 CONTRACT DOCUMENTS
It is not the Contractor's responsibility to ascertain that the Contract Documents are in
accordance with any applicable law, statute, ordinance, building codes, rule, or regulation.
However, if the Contractor knew, or should have known, or observes that portions of the
Contract Document are at variance therewith, the Contractor shall promptly notify the Architect
and Owner in writing, and necessary changes shall be accomplished by appropriate modification.
3.7.4 RESPONSIBILITY
If the Contractor performs Work that it knows, or should have known, is contrary to any law,
statute, ordinance, building code, rule or regulation, the Contractor shall assume full
responsibility for such Work, for all delays attributable thereto, and shall bear the attributable
cost of correction or Project delay.

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3.8

ALLOWANCES

3.8.1 CONTRACT
The Contractor shall include in the Contract Sum all allowances stated in the Contract
Documents. Items covered by allowances shall be supplied for such amounts and by such
persons or entities as the Owner may direct, but the Contractor shall not be required to employ
persons or entities against whom the Contractor makes reasonable and timely objection.
3.8.2 SCOPE
3.8.2.1 Prompt Selection. Materials and equipment under an allowance shall be selected
promptly by the Owner to avoid delay to the Work.
3.8.2.2 Cost. Allowances shall cover the cost to the Contractor of materials and
equipment delivered at the Site and all required taxes, less applicable trade discounts, etc., as
delineated in paragraph 7.7.4.
3.8.2.3 Cost Included in Contract Sum. Contractor's costs for unloading and handling at
the Site, labor, installation costs, overhead, profit, and other expenses contemplated for stated
allowance amounts shall be included in the Contract Sum and not in the allowances.
3.8.2.4 Contract Sum Adjustment. Whenever costs are more than or less than
allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of
the Change Order shall reflect the difference between actual cost and the allowances under
paragraph 3.8.2.2 and the change in the Contractor's costs under paragraph 3.8.2.3.
3.9

CONTRACTOR'S CONSTRUCTION SCHEDULES

3.9.1 REQUIREMENTS
The Contractor, promptly after signing the Agreement, shall prepare and submit for the Owner's
information the construction schedule for the Work. Acceptance or lack of rejection by Owner
of a proposed construction schedule shall not be deemed approval by Owner and shall not create
responsibility on the part of the Owner for any defects or mistakes in the schedule. Contractor
bears sole responsibility for the accuracy, utility and reasonableness of any schedules submitted.
The schedule shall not exceed time limits current under the Contract Documents and shall
comply with all of the scheduling as required by the Contract Documents (including these
General Conditions and Division 1 of the Specifications) and any scheduling requirements
provided by Owner to Contractor at the beginning of the Project. The construction schedule
shall be in the form of a tabulation, chart, or graph and shall be in sufficient detail to show the
chronological relationship of all activities of the project including, but not limited to, estimated
starting and completion dates of various activities, (including early and late dates and reasonable
float for each activity), procurement of materials, the critical path, and scheduling of equipment.
Float suppression techniques such as preferential sequencing, special lead/lag logic restraints,
extended activity durations, or imposed dates shall be apportioned according to the benefit of the

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project. Whenever in the Contract Documents Contractor is required to provide a schedule
and/or schedule updates, the Contractor shall provide the schedule and updates in electronic
format as well as hard copy.
Contractor shall submit an updated schedule on a monthly basis that includes an accurate as-built
schedule and the current as-planned schedule in conformance with the above standards.
Contractor shall submit its daily logs for the month with the updated schedule. Any float shall be
used by the Contractor and Owner on a “first come, first served” basis. Float is not for the
exclusive use or benefit of either Owner or Contractor, but it is a jointly owned expiring Project
resource available to both parties as needed to meet schedule milestones. If any change in
Contractor’s method of operations will change the construction schedule, Contractor shall submit
to the Owner a revised construction schedule within seven (7) days of the change.
If, in the Owner’s opinion, the Contractor is not prosecuting the Work at a sufficient rate of
progress to meet the Project schedule, or if the Contractor’s actual progress falls behind the
Project schedule, the Owner may require that the Contractor prepare and submit a recovery plan
within seven (7) days of such request. The recovery plan must include a revised schedule that
would still complete the Work by the scheduled completion deadline or another date specified by
Owner. The recovery plan shall also list any additional compensation that Contractor believes it
should receive in the event the Owner chooses to order Contractor to fully or partially implement
the recovery plan. If the Owner directs Contractor to implement the recovery plan, then
Contractor shall do so, but such direction shall not act as an admission by Owner that Contractor
is entitled to additional compensation to recover such additional compensation, Contractor must
comply with Article 4.5, 7 and 8 of these General Conditions.

All schedules submitted by Contractor shall be certified as true and correct, as follows:
I, [name of declarant] _________________________, declare the following:
Aire Masters Air Conditioning Inc. has contracted with Burbank Unified
School District for the HVAC Replacement at Jordan Middle School project.
I am authorized by my employer ( Aire Masters Air Conditioning Inc. ) to
prepare the schedules to Burbank Unified School District regarding this
project, and I prepared the attached schedule. I am the most knowledgeable
person at Aire Masters Air Conditioning Inc. regarding the scheduling of this
project.
The attached schedule does not breach the contract between Aire Masters Air
Conditioning Inc. and Burbank Unified School District for this project, does
not violate any law, satisfies all provisions of the contract applicable to
submission of such claim, only contains truthful and accurate as-built and asplanned dates of work on the project (including supporting data), and is not a
false claim.

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The attached schedule is submitted in compliance with all laws applicable to
submission of the claim, including but not limited to California Penal Code
section 72 (Fraudulent Claims), Government Code sections 12650 et seq.
(False Claims Act; for example, see Government Code section 12651(a)(7)),
and Business and Professions Code sections 17200 et seq. (Unfair Business
Practices Act). I am aware that submission or certification of false claims, or
other claims that violate law or the contract, may lead to fines, imprisonment,
and/or other severe legal consequences for myself and/or Aire Masters Air
Conditioning Inc..
So that I could declare that the statements in this declaration and the attached
schedule were true and correct, while preparing this declaration and schedule I
consulted with others (including attorneys, consultants, or others who work
for Aire Masters Air Conditioning Inc.) when necessary to assure myself that
said statements were true and correct.
I declare under the penalty of perjury under the laws of the State of California
that the foregoing is true and correct. Executed _________, 20__, at
___________, California.
___________________
[name of declarant]
3.9.2 FAILURE TO MEET REQUIREMENTS
Failure of the Contractor to provide proper schedules as required by this paragraph may, at the
sole discretion of Owner, constitute either grounds to withhold, in whole or in part, sublease
payments to the Contractor, or a breach of contract allowing Owner to terminate the Agreement
between Owner and Contractor.
3.10

DOCUMENTS AND SAMPLES AT THE SITE

The Contractor shall maintain at the Site for the Owner one applicable copy of Titles 19 and 24
and record copy of the Drawings, Specifications, Addenda, Change Orders, and other
Modifications, in good order and marked currently to record changes and selections made during
construction. In addition, the Contractor shall maintain at the Site approved Shop Drawings,
Product Data, Samples, and similar required submittals. These documents shall be available to
the Owner during the Work and shall be delivered to the Architect for delivery to the Owner
upon completion of the Work.
3.11

SHOP DRAWINGS, PRODUCT DATA, AND SAMPLES

3.11.11

SUBMITTALS DEFINED

3.11.1.1

Shop Drawings. The term "shop drawings" as used herein means

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drawings, diagrams, schedules, and other data, which are prepared by Contractor,
Subcontractors, manufacturers, suppliers, or distributors illustrating some portion of the Work,
and includes: illustrations; fabrication, erection, layout and setting drawings; manufacturer's
standard drawings; schedules; descriptive literature, instructions, catalogs, and brochures;
performance and test data including charts; wiring and control diagrams; and all other drawings
and descriptive data pertaining to materials, equipment, piping, duct and conduit systems, and
methods of construction as may be required to show that the materials, equipment, or systems
and their position conform to the requirements of the Contract Documents. The Contractor shall
obtain and submit with the shop drawings all seismic and other calculations and all product data
from equipment manufacturers. "Product data" as used herein are illustrations, standard
schedules, performance charts, instructions, brochures, diagrams, and other information
furnished by the Contractor to illustrate a material, product, or system for some portion of the
Work. As used herein, the term "manufactured" applies to standard units usually mass-produced,
and "fabricated" means items specifically assembled or made out of selected materials to meet
individual design requirements. Shop drawings shall: establish the actual detail of all
manufactured or fabricated items, indicate proper relation to adjoining work, amplify design
details of mechanical and electrical systems and equipment in proper relation to physical spaces
in the structure, and incorporate minor changes of design or construction to suit actual
conditions.
3.11.1.2
Samples. The term "samples" as used herein are physical examples
furnished by Contractor to illustrate materials, equipment, or quality and includes natural
materials, fabricated items, equipment, devices, appliances, or parts thereof as called for in the
Specifications, and any other samples as may be required by the Owner to determine whether the
kind, quality, construction, finish, color, and other characteristics of the materials, etc., proposed
by the Contractor conform to the required characteristics of the various parts of the Work. All
Work shall be in accordance with the approved samples.
3.11.1.3
Contractor's Responsibility. Contractor shall obtain and shall submit to
Architect all required shop drawings and samples in accordance with Contractor's "Schedule for
Submission of Shop Drawings and Samples" as required in Division 1 of the Specifications with
such promptness as to cause no delay in its own Work or in that of any other contractor, Owner
or subcontractor but in no event later than ninety (90) days after the execution of the Agreement.
Contractor shall be subject to a fee of $100 per day for each day it is late in submitting a shop
drawing or sample. No extensions of time will be granted to Contractor or any Subcontractor
because of its failure to have shop drawings and samples submitted in accordance with the
Schedule. Each Subcontractor shall submit all shop drawings, samples, and manufacturer's
descriptive data for the review of the Owner, the Contractor, and the Architect through the
Contractor. By submitting shop drawings, product data, and samples, the Contractor or
submitting party (if other than Contractor) represents that it has determined and verified all
materials, field measurements, field conditions, catalog numbers, related field construction
criteria, and other relevant data in connection with each such submission, and that it has checked,
verified, and coordinated the information contained within such submittals with the requirements
of the Work and of the Contract Documents. At the time of submission, any deviation in the
shop drawings, product data, or samples from the requirements of the Contract Documents shall
be narratively described in a transmittal accompanying the submittal. Review by Owner and

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Architect shall not relieve the Contractor or any Subcontractor from its responsibility in
preparing and submitting proper shop drawings in accordance with the Contract Documents.
Contractor shall stamp, sign, and date each submittal indicating its representation that the
submittal meets all of the requirements of the Contract Documents. Any submission, which in
Owner’s or Architect's opinion is incomplete, contains numerous errors, or has been checked
only superficially by Contractor will be returned unreviewed for resubmission by the Contractor.
3.11.1.4
Extent of Review. In reviewing shop drawings, the Owner will not verify
dimensions and field conditions. The Architect will review and approve shop drawings, product
data, and samples for aesthetics and for conformance with the design concept of the Work and
the information given in the Contract Documents. The Architect's review shall neither be
construed as a complete check nor relieve the Contractor, Subcontractor, manufacturer,
fabricator, or supplier from responsibility for any deficiency that may exist or from any
departures or deviations from the requirements of the Contract Documents unless the Contractor
has, in writing, called the Architect's attention to the deviations at the time of submission and the
Architect has given specific written approval. The Architect's review shall not relieve the
Contractor or Subcontractors from responsibility for errors of any sort in shop drawings or
schedules, for proper fitting of the Work, or from the necessity of furnishing any Work required
by the Contract Documents, which may not be indicated on shop drawings when reviewed.
Contractor and Subcontractors shall be solely responsible for determining any quantities,
whether or not shown on the shop drawings.
3.11.2 DRAWING SUBMISSION PROCEDURE
3.11.2.1
Transmittal Letter and Other Requirements. All shop drawings must be
properly identified with the name of the Project and dated, and each lot submitted must be
accompanied by a letter of transmittal referring to the name of the Project and to the
Specification section number for identification of each item clearly stating in narrative form, as
well as "clouding" on the submissions, all qualifications, departures, or deviations from the
Contract Documents, if any. Shop drawings, for each section of the Work, shall be numbered
consecutively, and the numbering system shall be retained throughout all revisions. All
Subcontractor submissions shall be made through the Contractor. Each drawing shall have a
clear space for the stamps of Architect and Contractor. Only shop drawings required to be
submitted by the Contract Documents shall be reviewed.
3.11.2.2
Copies Required. Each submittal shall include five (5) legible prints of
each drawing, including fabrication, erection, layout and setting drawings, and such other
drawings as required under the various sections of the Specifications until final acceptance
thereof is obtained. Subcontractor shall submit copies, in an amount as requested by the
Contractor, of: manufacturers' descriptive data for materials, equipment, and fixtures, including
catalog sheets showing dimensions, performance, characteristics, and capacities; wiring diagrams
and controls; schedules; all seismic calculations and other calculations; and other pertinent
information as required.
3.11.2.3
Corrections. The Contractor shall make any corrections required by
Architect and shall resubmit as required by Architect the required number of corrected copies of

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shop drawings or new samples until approved. Contractor shall direct specific attention in
writing or on resubmitted shop drawings to revisions other than the corrections required by the
Architect on previous submissions. Professional services required for more than one (1) rereview of required submittals of shop drawings, product data, or samples are subject to charge to
the Contractor pursuant to paragraph 4.4.
3.11.2.4
Approval Prior to Commencement of Work. No portion of the Work
requiring a shop drawing or sample submission shall be commenced until the submission has
been reviewed by Owner and approved by Architect unless specifically directed in writing by the
Owner. All such portions of the Work shall be in accordance with approved shop drawings and
samples.
3.11.3 SAMPLE SUBMISSIONS PROCEDURE
3.11.3.1
Samples Required. In case a considerable range of color, graining,
texture, or other characteristics may be anticipated in finished products, a sufficient number of
samples of the specified materials shall be furnished by the Contractor to indicate the full range
of characteristics, which will be present in the finished products; and products delivered or
erected without submittal and approval of full range samples shall be subject to rejection. Except
for range samples, and unless otherwise called for in the various sections of the Specifications,
samples shall be submitted in duplicate. All samples shall be marked, tagged, or otherwise
properly identified with the name of the submitting party, the name of the Project, the purpose
for which the samples are submitted, and the date and shall be accompanied by a letter of
transmittal containing similar information, together with the Specification section number for
identification of each item. Each tag or sticker shall have clear space for the review stamps of
Contractor and Architect.
3.11.3.2
Labels and Instructions. Samples of materials, which are generally
furnished in containers bearing the manufacturers' descriptive labels and printed application
instructions, shall, if not submitted in standard containers, be supplied with such labels and
application instructions.
3.11.3.3
Architect's Review. The Architect will review and, if appropriate,
approve submissions and will return them to the Contractor with the Architect's stamp and
signature applied thereto, indicating the appropriate action in compliance with the Architect's
standard procedures.
3.11.3.4
Record Drawings and Annotated Specifications. The Contractor will
prepare and maintain on a current basis an accurate and complete set of Record Drawings
showing clearly all changes, revisions, and substitutions during construction, including, without
limitation, field changes and the final location of all mechanical equipment, utility lines, ducts,
outlets, structural members, walls, partitions, and other significant features, and Annotated
Specifications showing clearly all changes, revisions, and substitutions during construction. A
copy of such Record Drawings and Annotated Specifications will be delivered to Owner in
accordance with the Schedule prepared by Contractor. In the event of a specification that allows
Contractor to elect one of several brands, makes, or types of material or equipment, the

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annotations shall show which of the allowable items the Contractor has furnished. The
Contractor will update the Record Drawings and Annotated Specifications as often as necessary
to keep them current but no less often than weekly. The Record Drawings and Annotated
Specifications shall be kept at the Site and available for inspection by the Owner, Inspector and
the Architect. On completion of the Contractor's portion of the Work and prior to Application
for Final Payment, the Contractor will provide one complete set of Record Drawings and
Annotated Specifications to the Owner, certifying them to be a complete and accurate reflection
of the actual construction conditions of the Work.
3.11.3.5
Equipment Manuals. Contractor shall obtain and furnish three (3)
complete sets of manuals containing the manufacturers' instructions for maintenance and
operation of each item of equipment and apparatus furnished under the Contract Documents and
any additional data specifically requested under the various sections of the Specifications for
each division of the Work. The manuals shall be arranged in proper order, indexed, and placed
in three-ring binders. At the completion of its Work, the Contractor shall certify, by
endorsement thereon, that each of the manuals is complete, accurate, and covers all of its Work.
Prior to submittal of Contractor's Application for Final Payment, and as a further condition to its
approval by the Architect, each Subcontractor shall deliver the manuals, arranged in proper
order, indexed, endorsed, and placed in three-ring binders, to the Contractor, who shall assemble
these manuals for all divisions of the Work, review them for completeness, and submit them to
the Owner through the Architect.
3.11.3.6
Owner's Property. All shop drawings and samples submitted shall
become the Owner's property.
3.11.4 SUBSTITUTIONS
3.11.4.1
One Product Specified. Unless the Specifications state that no
substitution is permitted, whenever in the Contract Documents any specific article, device,
equipment, product, material, fixture, patented process, form, method, or type of construction is
indicated or specified by name, make, trade name, or catalog number, with or without the words
"or equal," such specification shall be deemed to be used for the purpose of facilitating
description of material, process, or article desired and shall be deemed to be followed by the
words "or equal." Contractor may, unless otherwise stated, offer any material, process, or article,
which shall be substantially equal or better in every respect to that so indicated or specified and
will completely accomplish the purpose of the Contract Documents.
3.11.4.2
Two or More Products Specified. When two or more acceptable products
are specified for an item of the Work, the choice will be up to the Contractor. Contractor shall
utilize the same product throughout the Project. If a timely substitution request as set forth in
Section 3.11.4.3 is not provided and an "or equal" substitution is requested, the Owner may
consider the substitution if the product specified is no longer commercially available. If the
Owner allows the substitution to be proposed pursuant to such an untimely request, the
Contractor will be responsible for the professional fees incurred by the Architect or Architect's
consultants in reviewing the proposed substitution which fees may be deducted from payments to
Contractor.

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3.11.4.3
Substitution Request Form. Requests for substitutions of products,
materials, or processes other than those specified must be made on the Substitution Request form
available from the Owner prior to the establishment of the final GMP. Unless otherwise allowed
by the Owner, any Requests submitted less than fourteen (14) days prior to the said date will not
be considered, except as noted in paragraph 3.11.4.2. A Substitution Request must be
accompanied by evidence as to whether or not the proposed substitution: is equal in quality and
serviceability to the specified item; will entail no changes in detail and construction of related
work; will be acceptable in consideration of the required design and artistic effect; will provide
no cost disadvantage to Owner; and will require no excessive or more expensive maintenance,
including adequacy and availability of replacement parts. The burden of proof of these facts
shall be upon the Contractor. The Contractor shall furnish with its request sufficient information
to determine whether the proposed substitution is equivalent including but not limited to all
drawings, specifications, samples, performance data, calculations, and other information as may
be required to assist the Architect and the Owner in determining whether the proposed
substitution is acceptable. The final decision shall be the Owner's. The written approval of the
Owner, consistent with the procedure for Change Orders, shall be required for the use of a
proposed substitute material. Owner may condition its approval of the substitution upon delivery
to Owner of an extended warranty or other assurances of adequate performance of the
substitution. All risks of delay due to the Division of the State Architect's, or any other
governmental agency having jurisdiction, approval of a requested substitution shall be on the
requesting party.
3.11.4.4
List of Manufacturers and Products Required. The Subcontractor shall
prepare and submit to the Contractor within thirty (30) days of execution of the Subcontract
comprehensive lists, in quadruplicate, of the manufacturers and products proposed for the
Project, including information on materials, equipment, and fixtures required by the Contract
Documents, as may be required for Contractor's or Architect's preliminary approval. Approval
of such lists of products shall not be construed as a substitute for the shop drawings,
manufacturer's descriptive data, and samples, which are required by the Contract Documents, but
rather as a base from which more detailed submittals shall be developed for the final review of
the Contractor and the Architect.
3.11.5 DEFERRED APPROVALS
Deferred approvals shall be submitted and processed pursuant to the requirements of Division 1
of the Specifications. All risks of delay due to the Division of the State Architect's, or any other
governmental agency having jurisdiction, approval of a deferred approval shall be on the
requesting party.
3.12

CUTTING AND PATCHING

3.12.1 SCOPE
The Contractor shall be responsible for cutting, fitting, or patching required to complete the
Work or to make its parts fit together properly.

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3.12.2 CONSENT
The Contractor shall not damage or endanger a portion of the Work or fully or partially
completed construction of the Owner or separate contractors by cutting, patching, or otherwise
altering such construction, or by excavation. The Contractor shall not cut or otherwise alter such
construction by the Owner or a separate contractor except with written consent of the Owner and
of such separate contractor; such consent shall not be unreasonably withheld. The Contractor
shall not unreasonably withhold from the Owner or a separate contractor the Contractor's consent
to cutting or otherwise altering the Work. All cutting shall be done promptly, and all repairs
shall be made as necessary.
3.12.3 STRUCTURAL MEMBERS
New or existing structural members and elements, including reinforcing bars and seismic
bracing, shall not be cut, bored, or drilled except by written authority of the Architect. Work
done contrary to such authority is at the Contractor's risk, subject to replacement at its own
expense and without reimbursement under the Contract. Agency approvals shall be obtained by
the Architect, not by the Contractor.
3.12.4 SUBSEQUENT REMOVAL
Permission to patch any areas or items of the Work shall not constitute a waiver of the Owner's
or the Architect's right to require complete removal and replacement of the areas of items of the
Work if, in the opinion of the Architect or the Owner, the patching does not satisfactorily restore
quality and appearance of the Work or does not otherwise conform to the Contract Documents.
Any costs caused by defective or ill-timed cutting or patching shall be borne by the person or
entity responsible.
3.13

CLEANING UP

3.13.1 CONTRACTOR'S RESPONSIBILITY
The Contractor shall keep the Site and surrounding area free from accumulation of waste
material or rubbish caused by operations under the Contract. The Site shall be maintained in a
neat and orderly condition. All crates, cartons, paper, and other flammable waste materials shall
be removed from Work areas and properly disposed of at the end of each day. The Contractor
shall remove from and about the Site the waste materials, rubbish, tools, construction equipment,
machinery, and materials no longer required for the Work, including during final clean up.
3.13.2 FAILURE TO CLEANUP
If the Contractor fails to clean up as provided in the Contract Documents, including during final
clean up, the Owner may do so, without prior notice to the Contractor and the cost thereof shall
be invoiced to the Contractor and withheld from sublease payments and/or retention. Each

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Subcontractor shall have the responsibility for the cleanup of its own Work. If the Subcontractor
fails to clean up, the Contractor must do so.
3.13.3 CONSTRUCTION BUILDINGS
When directed by the Owner or the Architect, Contractor and Subcontractor shall dismantle
temporary structures, if any, and remove from the Site all construction and installation
equipment, fences, scaffolding, surplus materials, rubbish, and supplies belonging to Contractor
or Subcontractor. If the Contractor does not remove the tools, equipment, machinery, and
materials within fifteen (15) days after completion of its Work, then they shall be deemed
abandoned, and the Owner can dispose of them for its own benefit in whatever way it deems
appropriate. Contractor shall pay for any costs to dispose of the items.
3.14

ACCESS TO WORK

The Contractor shall provide the Owner, the Architect, and the Inspector, access to the Work in
preparation and progress wherever located.
3.15

ROYALTIES AND PATENTS

3.15.1 PAYMENT AND INDEMNITY
The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or
claims of infringement of patent rights and shall hold the Owner and the Architect harmless and
indemnify them from loss on account thereof but shall not be responsible for such defense or loss
when a particular design, process, or product of a particular manufacturer is required by the
Contract Documents. However, if the Contractor has reason to believe the required design,
process, or product is an infringement of a patent, the Contractor shall be responsible for such
loss unless such information is promptly furnished to the Owner and Architect.
3.15.2 REVIEW
The review by the Owner or Architect of any method of construction, invention, appliance,
process, article, device, or material of any kind shall be for its adequacy for the Work and shall
not be an approval for the use by the Contractor in violation of any patent or other rights of any
person or entity.
3.16

INDEMNIFICATION

3.16.1 SCOPE: CONTRACTOR
To the fullest extent permitted by law, the Contractor shall defend, indemnify, and hold harmless
the Owner, the construction manager, Architect, Architect's consultants, the Inspector of Record,
the State of California, and their respective agents, employees, officers, volunteers, Boards of
Trustees, members of the Boards of Trustees, and directors (“Indemnitees”), from and against
claims, actions, damages, liabilities, and losses (including but not limited to injury or death of

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persons, property damage, and compensation owed to other parties), and expenses (including but
not limited to attorneys' fees and costs including fees of consultants) alleged by third parties
against Indemnitees arising out of or resulting from the following: Contractor’s, its
Subcontractors’ or its suppliers’ performance of the Work, including but not limited to the
Contractor's or its Subcontractors’ use of the Site; the Contractor's or its Subcontractors’
construction of the Project, or failure to construct the Project, or any portion thereof; the use,
misuse, erection, maintenance, operation, or failure of any machinery or equipment including,
but not limited to, scaffolds, derricks, ladders, hoists, and rigging supports, whether or not such
machinery or equipment was furnished, rented, or loaned by any of the Indemnitees; or any act,
omission, negligence, or willful misconduct of the Contractor or its Subcontractors or their
respective agents, employees, material or equipment suppliers, invitees, or licensees but only to
the extent caused in whole or in part by the acts or omissions of the Contractor, its
Subcontractors, its suppliers, anyone directly or indirectly employed by any of them, or anyone
for whose acts they may be liable, regardless of whether or not such claim, damage, loss, or
expense is caused in part by a party indemnified hereunder. Such obligation shall not be
construed to negate, abridge, or reduce other rights or obligations of indemnity, which would
otherwise exist as to a party, person, or entity described in this paragraph. This obligation to
defend, indemnify and hold harmless includes any actions by third parties under Labor Code
section 2810.
3.16.2 SCOPE: SUBCONTRACTORS
3.16.2.1
Indemnity. The Subcontractors shall defend, indemnify, and hold
harmless the Indemnitees from and against claims, actions, damages, liabilities, and losses
(including but not limited to injury or death of persons, property damage, and compensation
owed to other parties), and expenses (including but not limited to attorneys' fees and costs
including fees of consultants) alleged by third parties against Indemnitees arising out of or
resulting from the following: Subcontractor’s performance of the Work, including but not limited
to the Subcontractors' use of the Site; the Subcontractors' construction of the Project or failure to
construct the Project or any portion thereof; the use, misuse, erection, maintenance, operation, or
failure of any machinery or equipment, including, but not limited to, scaffolds, derricks, ladders,
hoists, and rigging supports, whether or not such machinery or equipment was furnished, rented,
or loaned by any of the Indemnitees; or any act, omission, negligence, or willful misconduct of
the Subcontractors or their respective agents, employees, material or equipment suppliers,
invitees, or licensees but only to the extent caused in whole or in part by the acts or omissions of
the Subcontractors, anyone directly or indirectly employed by any of them, or anyone for whose
acts they may be liable, regardless of whether or not such claim, damage, loss, or expense is
caused in part by a party indemnified hereunder. Such obligation shall not be construed to
negate, abridge, or reduce other rights or obligations of indemnity, which would otherwise exist
as to a party, person, or entity described in this paragraph. This obligation to defend, indemnify
and hold harmless includes any actions by third parties under Labor Code section 2810.
3.16.2.2
Joint and Several Liability. In the event more than one Subcontractor is
connected with an accident or occurrence covered by this indemnification, then all such
Subcontractors shall be jointly and severally responsible to each of the Indemnitees for
indemnification, and the ultimate responsibility among such indemnifying Subcontractors for the

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loss and expense of any such indemnification shall be resolved without jeopardy to any
Indemnitee. The provisions of the indemnity provided for herein shall not be construed to
indemnify any Indemnitee for its own negligence if not permitted by law or to eliminate or
reduce any other indemnification or right which any Indemnitee has by law or equity.
3.16.3 NO LIMITATION
The Contractor's and the Subcontractor's obligation to indemnify and defend the Indemnitees
hereunder shall include, without limitation, any and all claims, damages, and costs: for injury to
persons and property (including loss of use), and sickness, disease or death of any person; for
breach of any warranty, express or implied; for failure of the Contractor or the Subcontractor to
comply with any applicable governmental law, rule, regulation, or other requirement; and for
products installed in or used in connection with the Work.
3.17

OWNER AS INTENDED BENEFICIARY

The Owner is an intended beneficiary of any architectural or engineering work secured by, or
performed by, the Contractor in performing its obligations under this Agreement. Contractor
shall insert language in its contracts with architectural or engineering consultants that such work
is for the intended benefit of the Owner.
3.18

NOTICE OF EXCUSE FOR NONPERFORMANCE

If Contractor believes that acts or omissions of Owner have prevented Contractor from
performing the Work as required by the Contract Documents (including but not limited to delay
caused by Owner) and Contractor intends to rely on such acts or omissions as an excuse for such
nonperformance under Civil Code section 1511(1), including but not limited to requests for time
extension pursuant to Section 4.5 of these General Conditions, then Contractor shall provide
written notice of such excuse within five (5) days of such acts or omissions by Owner. Failure to
timely submit such written notice shall act as a waiver by Contractor of any right to later rely on
such acts or omissions as a defense to such nonperformance, regardless of the merits of such
defense, since a condition precedent will not have been satisfied and Contractor will not have
exhausted administrative remedies. Contractor acknowledges that these written notices are of
critical importance to the Owner’s management of the project and the mitigation of project costs
and delays.
ARTICLE 4
ADMINISTRATION OF THE CONTRACT
4.1

ARCHITECT

4.1.1 DEFINITION
The Architect is the person lawfully licensed to practice architecture or an entity lawfully
practicing architecture identified as such in the Agreement and is referred to throughout the

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Contract Documents as if singular in number. The term "Architect" means the Architect or the
Architect's authorized representative, and shall also refer to all consultants under the Architect's
direction and control. The Architect is one of potentially several agents and representatives of
Owner on the Project.
4.1.2 MODIFICATION
To the extent the Contract Documents indicate that Owner has assigned duties or responsibilities
to the Architect, Owner reserves the right at all times to reassign such duties or responsibilities to
different Owner representatives.
4.1.3 TERMINATION
In the case of the termination of the Architect, the Owner may appoint an architect or another
construction professional or may perform such functions with its own licensed professional
personnel. The status of the replacement Architect under the Contract Documents shall be that
of the former architect.
4.2

ARCHITECT'S ADMINISTRATION OF THE CONTRACT

4.2.1 STATUS
The Architect will provide administration of the Contract and may be one of several Owner's
representatives during construction, until final payment is due, and during the one (1) year period
following the commencement of any warranties. The Architect will advise and consult with the
Owner. The Architect will have authority to act on behalf of the Owner to the extent granted by
the Owner pursuant to the Owner/Architect agreement. To the extent that the Contract
Documents mention duties of the Architect, Owner reserves the right at all times to reassign or
revise such duties. The Architect will have all responsibilities and power established by law
including California Code of Regulations, Title 24, to the extent of its authority to do so under
the Owner/Architect agreement.
4.2.2 SITE VISITS
The Architect will visit the Site at intervals necessary in the judgment of the Architect or as
otherwise agreed by the Owner and the Architect in writing to become generally familiar with
the progress and quality of the completed Work and to determine in general if the Work is being
performed in a manner indicating that the Work, when completed, will be in accordance with the
Contract Documents.
4.2.3 LIMITATIONS OF CONSTRUCTION RESPONSIBILITY
The Contractor shall not be relieved of obligations to perform the Work in accordance with the
Contract Documents either by activities or duties of the Architect in the Architect's
administration of the Contract Documents, or by tests, inspections, or approvals required or
performed by persons other than the Contractor.

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4.2.4 COMMUNICATIONS FACILITATING CONTRACT ADMINISTRATION
The Owner and the Contractor shall communicate through the Architect, unless there is a
construction manager for the Project or the Owner directs otherwise. Communications between
Owner and Subcontractors or material or equipment suppliers shall be through the Contractor.
4.2.5 PAYMENT APPLICATIONS
The Contractor shall submit payment applications to the Architect, unless there is a construction
manager for the Project or the Owner directs otherwise.
4.2.6 REJECTION OF WORK
The Architect, Inspector, any construction manager and others may recommend to the Owner
that the Owner reject Work which does not conform to the Contract Documents or that the
Owner require additional inspection or testing of the Work in accordance with paragraph 13.5.5,
whether or not such Work is fabricated, installed, or completed. However, no such
recommendation shall give rise to a duty or responsibility owed to the Contractor,
Subcontractors, material and equipment suppliers, their agents or employees, or other persons
performing portions of the Work.
4.2.7 CHANGE ORDERS
The Architect will prepare change orders and construction change directives and may authorize
minor changes in the Work as provided in paragraph 7.1.2.
4.2.8 WARRANTIES UPON COMPLETION
The Architect in conjunction with the Inspector, or otherwise directed by Owner, will conduct
field reviews of the Work to determine the date of completion, shall receive and forward to the
Owner for the Owner's review and records, written warranties and related documents required by
the Contract and assembled by the Contractor. The handling by the Architect of such warranties,
maintenance manuals, or similar documents shall not diminish or transfer to the Architect any
responsibilities or liabilities required by the Contract Documents of the Contractor or other
entities, parties, or persons performing or supplying the Work.
Except as may be otherwise directed by Owner, the Architect will conduct a field review of the
Contractor's comprehensive list of items to be completed or corrected for development of a
punch list and one (1) follow-up field review if required. The cost incurred by the Owner for
further field reviews or the preparation of further punch lists by the Architect shall be invoiced to
the Contractor and withheld from payment.
4.2.9 INTERPRETATION

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The Architect, Inspector, any construction manager, the Owner or any independent consultant of
Owner, as Owner believes appropriate for a given situation will interpret and decide matters
concerning performance under and requirements of the Contract Documents on written request
of the Contractor. The Owner's response to such requests will be made with reasonable
promptness, while allowing sufficient time to permit adequate review and evaluation of request.
4.2.10 ADDITIONAL INSTRUCTIONS
4.2.10.1
Architect's Interpretations and Decisions. Interpretations and decisions
of the Architect will be consistent with the intent of and reasonably inferable from the Contract
Documents and will be in writing or in the form of drawings. When making such interpretations
of and decisions regarding the Contract Documents, the Architect will endeavor to secure faithful
performance under the Contract Documents by both the Owner and the Contractor and will not
show partiality to either. The Work shall be executed in conformity with, and the Contractor
shall do no work without, approved drawings, Architect's clarifying instructions, and/or
submittals.
4.2.10.2
Typical Parts and Sections. Whenever typical parts or sections of the
Work are completely detailed on the Drawings, and other parts or sections which are essentially
of the same construction are shown in outline only, the complete details shall apply to the Work
which is shown in outline.
4.2.10.3
Dimensions. Dimensions of Work shall not be determined by scale or
rule. Figured dimensions shall be followed at all times. If figured dimensions are lacking on
Drawings, Architect shall supply them on request. The Owner's decisions on matters relating to
aesthetic effect will be final if consistent with the Contract Documents.
4.3

INSPECTOR OF RECORD

4.3.1 GENERAL
One or more project inspectors employed by the Owner and approved by the Division of the
State Architect will be assigned to the Work in accordance with the requirements of Title 24 of
the California Code of Regulations. The Inspector(s) duties will be as specifically defined in
Title 24.
4.3.2 INSPECTOR'S DUTIES
All Work shall be under the observation of or with the knowledge of the Inspector. The
Inspector shall have free access to any or all parts of the Work at any time. The Contractor shall
furnish the Inspector such information as may be necessary to keep the Inspector fully informed
regarding progress and manner of work and character of materials. Such observations shall not,
in any way, relieve the Contractor from responsibility for full compliance with all terms and
conditions of the Contract, or be construed to lessen to any degree the Contractor's responsibility
for providing efficient and capable superintendence. The Inspector is not authorized to make
changes in the drawings or specifications nor shall the Inspector's approval of the Work and

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methods relieve the Contractor of responsibility for the correction of subsequently discovered
defects, or from its obligation to comply with the Contract Documents.
4.3.3 INSPECTOR'S AUTHORITY TO REJECT OR STOP WORK
The Inspector shall have the authority to reject work that does not comply with the provisions of
the Contract Documents. In addition, the Inspector may stop any Work which poses a probable
risk of harm to persons or property. The Contractor shall instruct its employees, Subcontractors,
material and equipment suppliers, etc., accordingly. The absence of any Stop Work order or
rejection of any portion of the Work shall not relieve the Contractor from any of its obligations
pursuant to the Contract Documents.
4.3.4 INSPECTOR'S FACILITIES
Within seven (7) days after notice to proceed, the Contractor shall provide the Inspector with the
temporary facilities as required under Division 1 of the Specifications. Said facilities will be
provided by Contractor to Inspector from the District workspace currently occupied and used by
Contractor.
4.4

RESPONSIBILITY FOR ADDITIONAL CHARGES INCURRED BY THE
OWNER FOR PROFESSIONAL SERVICES

If at any time prior to the completion of the requirements under the Contract Documents, through
no fault of its own, the Owner is required to provide or secure additional professional services
for any reason by any act or omission of the Contractor, the Contractor shall be invoiced by the
Owner for any actual costs incurred for any such additional services, which costs may, among
other remedies, be withheld from the sublease payments and/or retention. Such invoicing shall
be independent from any other Owner remedies, including but not limited to liquidated damages.
If payments then or thereafter due to the Contractor are not sufficient to cover such amounts, the
Contractor shall pay the difference to the Owner. Additional services shall include, but shall not
be limited to, the following:
A.

Services made necessary by the default of the Contractor.

B.

Services made necessary due to the defects or deficiencies in the Work of the
Contractor.

C.

Services required by failure of the Contractor to perform according to any
provision of the Contract Documents.

D.

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

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4.5

E.

Services for evaluating and processing Claims submitted by the Contractor in
connection with the Work outside the established Change Order process.

F.

Services required by the failure of the Contractor to prosecute the Work in a
timely manner in compliance within the specified time of completion.

G.

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

H.

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

NOTICES OF POTENTIAL CHANGE, CHANGE ORDER REQUESTS, AND
CLAIMS

If the Contractor identifies the potential for extra work, delay in the critical path schedule, or the
need for additional compensation or time, or if the Contractor requests additional compensation
or time, or if the Contractor believes that Owner has failed to pay amounts due or otherwise
breached the contract, or otherwise believes that it is entitled to a modification of the Contract
terms and conditions, then Contractor shall follow the procedures in this Section 4.5 and Article
7, otherwise Contractor shall have waived its rights to such pursuit and any later attempts to
recover such compensation or modification shall be barred. Contractor specifically
acknowledges the Owner’s and public’s interest in, and need to, learn of potential changes and
disputes as early as possible so Owner can investigate, and mitigate and resolve adverse cost and
time impacts, if any. It is Contractor’s obligation to know and comply with the requirements in
this Section 4.5 and Article 7, and Owner has no obligation to notify Contractor of any failures to
comply with said requirements at any time.
4.5.1 NOTICE OF POTENTIAL CHANGE
A contractor shall submit written notice of potential change to the contract based on extra work,
critical path delay, or need for additional compensation or time. Written notices of potential
change shall be submitted to Owner by Contractor within five (5) days of Contractor becoming
aware of the facts and/or issues creating such potential for change, unless such facts and/or issues
are, or may soon be, adversely affecting the costs or critical path of the Work, in which case the
written notice(s) shall be submitted immediately so the Owner may take immediate action to
mitigate cost and schedule impacts of the change. The written notice shall explain the nature of
the potential change so the Owner may take action to mitigate costs and schedule impacts, if
necessary.
When submitting a written notice of potential change based on Extra Work, Contractor shall not
perform such Extra Work until directed in writing to do so by Owner. When submitting a
written notice of potential change based on an issue of critical path delay, Contractor shall
proactively mitigate the effects of the alleged delay issue as much as reasonably possible so as to
minimize any impact to the schedule, until otherwise directed by Owner.

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Failure to timely submit a written notice of potential change shall act as a waiver by Contractor
of any right to later submit a change order request or pursue a Claim on that issue, or to later
pursue any additional compensation or time extensions in any matter related to that issue,
regardless of the merits, since a condition precedent will not have been satisfied and Contractor
will not have exhausted administrative remedies. Contractor acknowledges that these written
notices are of critical importance to the Owner’s management of the project and the mitigation of
project costs and delays.
4.5.2

CHANGE ORDERS REQUESTS

If, after submitting a written notice of potential change pursuant to Section 4.5.1 above,
Contractor continues to believes that it is entitled to additional compensation or time (including
but not limited to grant of a time extension; payment of money or damages arising from work
done by, or on behalf of, the Contractor, payment of which is not otherwise expressly provided
for or the claimant is not otherwise entitled to; or an amount the payment of which is disputed by
the Owner) based on a certain issue, then Contractor shall submit a Change Order Request
(“COR”) to Owner pursuant to the Contract, including but not limited to this Article 4.5.2 and
Article 7 below, within twenty (20) days of (i) becoming aware of the potential change, or (ii)
the date by which it should have become aware of the potential change. A rejection by Owner of
a notice of potential change is not required to set the above deadline for submitting a COR.
Failure to timely submit a COR related to an issue, or failure to comply with any of the COR
requirements in this the Contract, including but not limited to this Article 4.5.2 and Article 7
below, shall act as a waiver by Contractor of any right to later submit a COR or Claim on that
issue, or to later pursue any additional compensation (including time extensions) in any manner
related to that issue, regardless of the merits, since a condition precedent will not have been
satisfied and Contractor will not have exhausted administrative remedies.
The COR shall indicate the grounds for the additional compensation or time requested and the
amount of compensation requested, and Contractor shall include all information supporting the
COR.
The COR shall be certified, pursuant to Section 4.5.5.1, below, except that every reference to
“Claim” in the certification shall be changed to “COR.” If a COR is submitted without
certification, a certification can be submitted at a later time as long as it is still timely pursuant to
the first paragraph of Section 4.5.2, above. If not timely certified, then Contractor will have
waived its rights to any compensation or time for that compensation or time since a condition
precedent will not have been satisfied and Contractor will not have exhausted administrative
remedies.
The Owner may accept the entire COR, accept part of the COR and reject the remainder, reject
the entire COR, or request additional information. If the Owner does not respond within thirty
(30) days by accepting of the whole COR, accepting part of the COR and rejecting the
remainder, or requesting additional information, then the COR shall be deemed rejected in whole
as of the thirtieth (30th) day. If the Owner requests additional information, then the Contractor

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shall submit it within fifteen (15) days and the Owner shall have fifteen (15) days after such
submission to accept or reject (in part) the COR. If the Owner fails to respond within fifteen
(15) days after such submission of additional information, then the COR shall be deemed
rejected in whole as of the fifteenth (15th) day.
4.5.3

DEFINITION OF CLAIM

A “Claim” is a separate demand by the Contractor for (a) a time extension, (b) payment of
money or damages arising from work done by, or on behalf of, the Contractor, payment of which
is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (c) an
amount the payment of which is disputed by the Owner, and includes any claim pursuant to
Public Contract Code sections 20104 et seq. Resubmittal in any manner of a COR which was
previously rejected under Section 4.5.2 constitutes a Claim, whether the COR was rejected in
whole or in part, and whether the COR was rejected expressly or deemed rejected by Owner
inaction. A Claim includes any dispute Contractor may have with the Owner, including one
which does not require a Notice of Potential Change or COR under Sections 4.5.1 and 4.5.2
above, and including one regarding an alleged breach of contract by the Owner. A Claim under
this Article 4.5 shall also constitute a claim for purposes of the California False Claims Act.
The notice of potential change and COR procedures above are less formal procedures which
precede the more formal Claim. A notice of potential change submitted in compliance with
Article 4.5.1 may never constitute a Claim. A COR submitted in compliance with Article 4.5.2,
above, shall not constitute a Claim; except that if insufficient time remains before the Claim
deadline (see Article 4.5.4) for Contractor to submit a COR and for Owner to process and reject
such COR under Article 4.5.2, then either (1) Contractor may submit a COR which shall be
treated by Owner as a Claim, but only if the COR complies with all requirements in this Article
4.5 and Article 7 for COR’s and Claims, or (2) a COR is not required so long as Claim
complying with all requirements in this Article 4.5 is timely submitted.
A “Claim” for purposes of this Article 4.5 does not include vouchers, invoices, sublease payment
applications, or other routine or authorized forms of requests for sublease payments on the
Contract; however, such documents remain “claims” for purposes of the California False Claims
Act. A “Claim” for purposes of this Section 4.5 does not include a Government Code Claim.
(“Government Code Claim” means a claim as provided in Chapter 1 (Sections 900 et seq.) and
Chapter 2 (Sections 910 et seq.) of Part 3 of Division 3.6 of Title 1 of the Government Code.)
4.5.4

TIME FOR SUBMITTING CLAIM; WAIVER

A Claim shall be submitted by Contractor to the Owner’s construction manager (or in the
absence of a construction manager, to Architect and Owner jointly) within fourteen (14) days of
the rejection of the COR on which the Claim is based (see Section 4.5.2 above) or, if no COR is
required to be submitted, within seven (7) days after the occurrence of the event giving rise to the
Claim; however, notwithstanding the preceding, any and all Claims must be submitted no later
than seven (7) days after completion of the Work. A written rejection by Owner of a COR is not
required to set the above deadline for submitting a Claim.

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In addition, on or before submitting its request for a final progress payment based on 100%
completion of the work, Contractor shall submit to Owner, in writing, a summary of all Claims
for compensation or time extensions under or arising out of this Contract which were timely filed
and which were fully compliant with the Contract’s requirements for Claims. The submission of
the approved request by Contractor for a final progress payment shall constitute a waiver of all
Claims against Owner under or arising out of this Contract, except those identified in the above
summary, since a condition precedent will not have been satisfied and since Contractor will not
have exhausted its administrative remedies. This Claim summary requirement shall not operate
extend the time stated above for submitting a Claim.
Failure to timely submit a Claim, failure to include a Claim in the Claim summary, or failure to
comply with any of the Claim requirements in the Contract, including but not limited to this
Article 4, will act as a complete waiver of Contractor’s rights to (a) recover money or time on the
issues for which a Claim was required, (b) submit a Government Code Claim for such money or
time (see Section 4.5.6.4, below), or and (c) initiate any action, proceeding or litigation for such
money or time, regardless of the merits, since a condition precedent will not have been satisfied
and since Contractor will not have exhausted its administrative remedies. Owner does not have
an obligation to reject the Claim based on a failure to comply with any of the Claim requirements
in the Contract, including the lack of certification, and any failure by Owner to reject, or delay in
rejecting, a Claim on such basis does not waive the Owner’s right to reject the Claim on this
basis at a later time. In no event may the Contractor reserve its rights to assert a Claim for time
extension or additional money later than as required by this provision unless the Owner agrees in
writing to allow such reservation.
4.5.5

CONTENT OF CLAIM
4.5.5.1 Claim Format; Waiver

Every Claim shall be in writing. All money or time extensions sought must be stated and
itemized in the Claim at the time submitted. The responsibility to substantiate Claims shall rest
with the Contractor.
In addition, the Contractor shall include a certification with each and every Claim at the time of
submission, as follows:
I, [name of declarant]___________________________, declare the following:
Aire Masters Air Conditioning Inc. has contracted with Burbank Unified
School District for the HVAC Replacement at Jordan Middle School project.
I am authorized by my employer (Aire Masters Air Conditioning Inc.) to
prepare the attached claim for money and/or time extension) to Burbank
Unified School District regarding this project (dated May 16, 2014, entitled
HVAC Replacement at Jordan Middle School, and requesting $_________
and/or ___ additional days), and I prepared said attached claim. I am the most
knowledgeable person at Aire Masters Air Conditioning Inc. regarding this
claim.

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The attached claim is submitted in compliance with all laws applicable to
submission of the claim, including but not limited to California Penal Code
section 72, Government Code sections 12650 et seq. (False Claims Act), and
Business and Professions Code sections 17200 et seq. (Unfair Business
Practices Act). I am aware that submission or certification of false claims, or
other claims that violate law or the contract, may lead to fines, imprisonment,
and/or other severe legal consequences for myself or Aire Masters Air
Conditioning Inc..
The attached claim does not breach the contract between Aire Masters Air
Conditioning Inc. and Burbank Unified School District for this project, is not
a false claim, does not violate any applicable law, satisfies all provisions of
the contract applicable to submission of such claim, only contains truthful and
accurate supporting data, and only requests an amount that accurately reflects
the adjustments to money and time for which I honestly and in good faith
believe that Burbank Unified School District is responsible under its contract
with Aire Masters Air Conditioning Inc..
So that I could declare that the statements in this declaration and the attached
claim were true and correct, while preparing this declaration and claim I
consulted with others (including attorneys, consultants, or others who work
for Aire Masters Air Conditioning Inc.) when necessary to assure myself that
said statements were true and correct.
Contractor understands and agrees that any Claim submitted without this
certification does not meet the terms of the Contract Documents; that Owner,
or Owner's representatives, may reject the Claim on that basis; and that unless
Contractor properly and timely files the Claim with the certification,
Contractor cannot further pursue the Claim in any forum and all rights to
additional money or time for the issues covered by the Claim are waived due
to a condition precedent not having been satisfied.
I declare under the penalty of perjury under the laws of the State of California
that the foregoing is true and correct. Executed _________, 20__, at
___________, California.

___________________
[name of declarant]
Failure to timely submit a certification will act as a complete waiver of Contractor’s rights to (a)
recover money or time on the issues for which a Claim was required, (b) submit a Government
Code Claim (see Section 4.5.6.4, below) for such money or time, and (c) initiate any action,
proceeding or litigation for such money or time, since a condition precedent will not have been
satisfied and since Contractor will not have exhausted its administrative remedies.

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4.5.5.2 Claims for Additional Money
Each Claim for additional monetary compensation (including but not limited to those described
in (b) and (c) of the first paragraph of Section 4.5.3, above) must include all facts supporting the
Claim, including but not limited to all supporting documentation plus a written analysis as to (a)
why the claimed cost was incurred, (b) why Contractor could not mitigate its costs, (c) why the
claimed cost is the responsibility of the Owner, and (d) why the claimed cost is a reasonable
amount. In no event will the Contractor be allowed to reserve its rights to assert a Claim for
money at a later time, unless the Owner expressly agrees in writing to allow such reservation.
Any costs, direct or indirect, not asserted shall be waived. A Claim may not include any costs
incurred in preparation of the Claim or in preparation of any underlying COR, including but not
limited to costs of delay analysis.
4.5.5.3 Claims for Additional Timee
4.5.5.3.1

Notice of Extent of Claim

If the Contractor wishes to make a Claim for an increase in the Contract Time (including but not
limited to Section 4.5.3(a), above), the Claim shall include, but not be limited to, all facts
supporting the Claim, all documentation of such facts, all information required by the Contract
Documents, and a current schedule and delay analysis explaining (a) the nature of the delay, (b)
the Owner’s responsibility for the claimed delay, (c) the claimed delay’s impact on the critical
path, (d) the claimed delay’s impact on completion date (including an analysis of any float still
remaining and whether the alleged delay in work exceeds such remaining float), and (e) why
Contractor could not mitigate the delay impacts.
In the case of a continuing delay, only one (1) initial Claim is necessary that is based on
estimates of when the continuing delay will end, but within thirty (30) days of the end of the
continuing delay an updated final Claim must be submitted, which shall also be certified. In no
event will the Contractor be allowed to reserve its rights to assert a Claim for a time extension,
unless the Owner expressly agrees in writing to allow such reservation. Any time extension not
asserted shall be waived.
4.5.5.3.2

Unusually Severe Weather Claims

If unusually severe weather is the basis for a Claim for additional time, such Claim must be
documented by data and facts substantiating that the weather conditions were abnormal for the
period of time, could not have been reasonably anticipated or mitigated, and had an adverse
effect on the critical path of the scheduled construction.
4.5.5.4

“Pass Through” Claims

A subcontractor or supplier to Contractor may not submit a Change Order Request or Claim
directly to the Owner. If a subcontractor or supplier submits a request for additional
compensation or time to Contractor and Contractor wishes to pass it through to Owner, then

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Contractor must comply with all requirements of Section 4.5, including notices of potential
change, Change Order Requests, and Claims. Contractor must prepare and submit its own
analysis of the subcontractor’s request, and the Claim must include a copy of the subcontractor’s
request along with any other necessary supporting documentation.
The Contractor’s analysis of the subcontractor’s request must include a detailed explanation by
Contractor of why the request by subcontractor or supplier is the Owner’s responsibility,
including Contractor’s analysis of (a) why the amount of damages requested by the subcontractor
or supplier is justified and appropriate, (b) how a breach by Contractor of the subcontract caused
the subcontractor or supplier to incur these damages, and (c) how the Contractor’s breach of the
subcontract was caused by a breach of the Contract by Owner. Any claim by Contractor that
fails to include the above information, or that states that Owner is responsible for the
subcontractor’s request only in the event that Contractor is found to owe money to subcontractor,
shall act as a complete waiver of Contractor’s rights to (a) recover money or time on the issues
for which a Claim was required, (b) submit a Government Code Claim (see Section 4.5.6.4
below) for such money or time, and (c) initiate any action, proceeding or litigation for such
money or time, since a condition precedent will not have been satisfied and since Contractor will
not have exhausted its administrative remedies.
4.5.6

PROCEDURES FOR CLAIMS LESS THAN OR EQUAL TO $375,000 (PUBLIC
CONTRACT CODE SECTION 20104.2

Claims less than or equal to $375,000 are subject to this section 4.5.6, as well as the separate
procedures and substantive provisions of Sections 4.5.1 through 4.5.5, above..
4.5.6.1 Claims for Less Than $50,000
For Claims of less than fifty thousand dollars ($50,000), the Owner shall respond in writing to
any written Claim within 45 days of receipt of the Claim, or may request, in writing, within 30
days of receipt of the Claim, any additional documentation supporting the Claim or relating to
defenses to the claim the Owner may have against the Contractor.
If additional information is thereafter required, it shall be requested and provided pursuant to this
subsection, upon mutual agreement of the Owner and Contractor. If Owner and Contractor
cannot reach mutual agreement, failure by Contractor to provide any reasonably-requested
information within fifteen (15) days after the request, shall act as a complete waiver of
Contractor’s rights to (a) recover money or time on the issues for which a Claim was required,
(b) submit a Government Code Claim (see Section 4.5.6.4, below) for such money or time, and
(c) initiate any action, proceeding or litigation for such money or time, since a condition
precedent will not have been satisfied and since Contractor will not have exhausted its
administrative remedies.
The Owner’s written response to the Claim, as further documented, shall be submitted to the
Contractor within 15 days after receipt of the further documentation, or within a period of time
no greater than that taken by the Contractor in producing the additional information, whichever
is greater.

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4.5.6.2 Claims Over $50,000 and Less Than or Equal to $375,000
For claims over fifty thousand dollars ($50,000) and less than or equal to three hundred seventyfive thousand dollars ($375,000), the Owner shall respond in writing to all written Claims within
60 days of receipt of the Claim, or may request, in writing, within 30 days of receipt of the
Claim, any additional documentation supporting the Claim or relating to defenses to the Claim
the Owner may have against the Contractor.
If additional information is thereafter required, it shall be requested and provided pursuant to this
subsection, upon mutual agreement of the Owner and Contractor.
The Owner’s written response to the Claim, as further documented, shall be submitted to the
Contractor within 30 days after receipt of the further documentation, or within a period of time
no greater than that taken by the Contractor in producing the additional information or requested
documentation, whichever is greater.
4.5.6.3

Meet and Confer

If the Contractor disputes the Owner’s written response, or the Owner fails to respond within the
time prescribed, the Contractor may so notify the Owner, in writing, either within 15 days of
receipt of the Owner’s response or within 15 days of the Owner’s failure to respond within the
time prescribed, respectively, and demand an informal conference to meet and confer for
settlement of the issues in dispute. Upon a demand, the Owner shall schedule a meet and confer
conference for settlement of the dispute, which shall take place within 30 days of the demand.
Upon written agreement of the Owner and Contractor, the conference may take place during
regularly scheduled project meetings.
If Contractor fails to timely notify the Owner that it wishes to meet and confer pursuant to the
previous paragraph,