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OWNER -CONTRACTOR AGREEMENT OWNER -CONTRACTOR AGREEMENT This Agreement is made and entered into this [date] day of [month] , [year], by and between Manteca Unified School District of San Joaquin County, California, First Party, sometimes hereinafter called the Owner and [name of Contractor], Second Party, sometimes hereinafter called the Contractor. WITNESSETH: That the parties hereto mutually have covenanted and agreed, and by these present do covenant and agree with each other, as follows: The NOTICE TO CONTRACTORS, INSTRUCTIONS TO BIDDERS, BID FORM, LIST OF SUBCONTRACTORS, GENERAL and SUPPLEMENTARY CONDITIONS, CALIFORNIA BID BOND, NON -COLLUSION AFFIDAVIT, LABOR AND MATERIAL PAYMENT and FAITHFUL PERFORMANCE BONDS, GUARANTEE, and STRUCTURAL TESTS AND INSPECTIONS LIST are attached to and are a part of this Agreement. The complete Contract includes also the Drawings, Specifications, all items listed in the Project Manual, and all modifications and amendments thereto. All Contract Documents are intended to cooperate so that any work called for in one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all Contract Documents. 2. The said Contractor agrees to furnish all tools, equipment, apparatus, facilities, transportation, labor, and material, other than material, if any, agreed to be furnished by the Owner hereunder, necessary to perform and complete in a manner acceptable to the Owner and Architect, the work of Lincoln Elementary School — Cafeteria Replacement as called for, and in the manner designated in, and in strict conformity with this Agreement, and with the Drawings and Project Manual adopted by the Board of Trustees, Manteca Unified School District which said Drawings and Project Manual are entitled respectively Lincoln Elementary School — Cafeteria Replacement and are hereby specifically referred to and made a part of this Agreement with like effect as if fully set forth herein. 3. It is understood and agreed that said tools, equipment, apparatus, facilities, transportation, labor, and materials shall be furnished and said work performed and completed as required in said Drawings and Project Manual under the direction and supervision of the Contractor and subject to the approval of the Architect and Owner. The Architect and Owner shall have the right to accept or reject materials or workmanship, and to determine when the Contractor has complied with the conditions of the Contract. The Building Inspector employed by the District shall represent the Architect and Owner on the project. 4. In accordance with SB 975 and the provisions of Section 1770 and 1773 of the Labor Code, the project is a "Public Work" and the Owner has determined the general prevailing rate of wages applicable to the work to be done. These rates are set forth in a schedule located as indicated in the Notice to Contractors. Said schedule is available to any interested party on request. The Contractor shall post a copy at all job sites.