Purchasing and Contracts Branch BID SCHEDULE NO. 02 …...Performance Bond and Payment Bond as...

LONG BEACH UNIFIED SCHOOL DISTRICTPurchasing and Contracts Branch

2201 East Market StreetLong Beach, CA 90805

Phone: (562) 663-3005 Fax: (562) 634-5013

BID SCHEDULE NO. 02-1617

GYM CEILING REPAIRS AT HUGHES MIDDLE SCHOOL

PAGES

NOTICE TO CONTRACTORS 1 - 2

INFORMATION FOR BIDDERS 3 - 5

BID FORM AND DESIGNATION OF CONTRACTORS 6 -12

Workers' Compensation 1Non-Collusion Declaration Page 12

SAMPLE AGREEMENT AND BONDS 13 - 23

Bid BondAgreementPerformance BondPayment Bond

Page 13Page 16Page 19Page 21

GENERAL CONDITIONS 24 - 53

SUPPLEMENTARY GENERAL CONDITIONS 54 - 55

SPECIAL AND TECHNICAL PROVISIONS 56 - 90

DISTRICT MAP LAST PAGE

MANDATORY JOB WALK DATE: JUNE 14,2016

SEE THE SUPPLEMENTARY GENERAL CONDITIONSSECTION FOR MORE INFORMATION

IF YOU HAVE PICKED UP SPECIFICATIONSPLEASE BRING THEM TO THE JOB WALK

NOTICE TO CONTRACTORS

NOTICE IS HEREBY GIVEN that the Long Beach Unified School District of Los AngelesCounty, California, acting by and through its Governing Board, hereinafter referred to as theDistrict, will receive sealed bids prior to 2 p.m. on the 23rd day of June. 2016 for the awardof a contract for the following:

BID SCHEDULE NO. 02·1617


All bids shall be made on a form furnished by the District. Bids shall be received at thePurchasing and Contracts Branch at 2201 East Market Street, Long Beach, CA 90805and shall be opened and publicly read aloud.

Each bid must conform and be responsive to the bid documents, copies of which are on fileand may be obtained from the Purchasing and Contracts Branch at the address above.Each bid shall be accompanied by (1) the security referred to in the bid documents, (2) the listof proposed subcontractors, (3) Contractors Certificate Regarding Workers' Compensation,and (4) the Noncollusion Affidavit.

Contractor or any subcontractor(s) shall not be qualified to bid on, be listed in a bid proposal,subject to the requirements of §4104 of the Public Contract Code, or engage in theperformance of any contract for Public Work, as defined in the Labor Code unless currentlyregistered and qualified to perform Public Work pursuant to Labor Code §1725.5. It is not aviolation of this section for an unregistered Contractor to submit a bid that is authorized by§7029.1 of the Business and Professions Code or by §10164 or §20103.5 of the PublicContract Code, provided the Contractor is registered to perform Public Work pursuant to§1725.5 at the time the contract is awarded.

The Contractor and all subcontractors shall furnish certified payroll records as requiredpursuant to Labor Code §1776 directly to the Labor Commissioner in accordance with LaborCode §1771.4 on at least a monthly basis (or more frequently if required by the District or theLabor Commissioner) and in a format prescribed by the Labor Commissioner. Monitoring andenforcement of the prevailing wage laws and related requirements will be performed by theLabor Commissioner/Department of Labor Standards Enforcement (DLSE).

The District has obtained from the Director of the Department of Industrial Relations thegeneral prevailing rate of per diem wages and the general prevailing rate for holiday andovertime work in the locality in which the Work is to be performed for each craft, classificationof type of work employed on the project.

LBUSD Std. FormRevised 2015

1

Notice To Contractors(Cont'd)

Copies of rates schedules are on file, and are available upon request at the MaintenanceBranch at 2425 Webster Avenue, Long Beach, CA 90810.

In accordance with §1173.2 of the California Labor Code, the Contractor shall post a copy ofthe determination of prevailing rate of wages at each job site.

The schedule of per diem wages is based upon a working day of eight (8) hours.

The Contractor and any subcontractor( s) shall pay not less than the specified prevailing ratesof wages to all workers employed by them in the execution of the contract.

In accordance with provisions of Public Contract Code §22300, substitution of eligible andequivalent securities for any monies withheld to ensure performance under this contract wouldbe permitted at the request and expense of the Contractor.

Each Bidder shall possess at the time this contract is awarded a classification B Contractor'slicense, pursuant to Public Contract Code §3300. The successful Bidder must maintain thelicense throughout the duration of this contract.

No Bidder may withdraw their bid for a period of sixty (60) days after the date set for theopening of bids.

The District reserves the right to reject any and all bids or to waive irregularities in any bid.

lON~~D SCHOOLDISTRICTLos Angeles County, State of California

2

INFORMATION FOR BIDDERS

1. Preparation of Bid Form. The District invites bids on the form attached to be submittedat such time and place as is stated in the Notice to Contractor Calling for Bids. Allblanks in the bid form must be appropriately filled in, and all proposed prices must bestated clearly and legibly in both words and numerals. All bids shall be submitted insealed envelopes bearing on the outside the name of the Bidder, Bidder's address, andthe name of the project for which the bid is submitted. It is the sole responsibility of theBidder to see that his bid is received in proper time. Any bid received after thescheduled closing time for receipt of bids will be returned to the Bidder unopened.

2. Bid Security. Each bid shall be accompanied by a certified or cashier's check payableto the District or a satisfactory bid bond in favor of the District, executed by the Bidderas principal and a satisfactory Surety company as Surety, in an amount not less thanten percent (10%) of the maximum amount of the bid. The check or bid bond shall begiven as a guarantee that the Bidder shall execute the contract if it be awarded to him inconformity with the bid documents and shall provide the Surety bond or bonds asspecified therein within ten (10) days after notification of the award of the contract to theBidder.

3. Signature. The bid must be signed in the name of the Bidder and must bear the originalsignature of the person or persons duly authorized to sign the bid on behalf of theBidder.

4. Modifications. Changes in or additions to the bid form, recapitulations of the Work bidupon, alternative proposals, or any other modification of the bid form which is notspecifically called for in the bid documents may result in the District's rejection of the bidas not being responsive to the invitation to bid.

5. Erasures. The bid submitted must not contain any erasures, interlineations, correctiontapelliquid or other corrections unless each such correction is suitably authenticated byaffixing in the margin immediately opposite the correction the initials of the personssigning the bid.

6. Examination of Site and Bid Documents. Each Bidder shall visit the site of the proposedWork and fully acquaint himself with the conditions relating to the construction and laborso that he may fully understand the facilities, difficulties, and restrictions attending theexecution of the Work under the contract. Bidders shall thoroughly examine and befamiliar with the drawings and specitlcations. The failure or omission of any Bidder toreceive or examine any bid document, form, instrument, addendum, or other document,or to visit the slte and acquaint himself with conditions there existing shall in no wayrelieve any Bidder from any obligation with respect to his bid or to the contract. Thesubmission of a bid shall be taken as prima facie evidence of compliance with thissection.

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7. Withdrawal of Bids. Any Bidder may withdraw his bid either personally or by writtenrequest from an authorized officer or agent at any time prior to the scheduled closingtime for the receipt of bids.

------------------------------------------------ --

.l.A."A _ ... '-oL .... ~- -- ... -

(Cont'd)

8. Agreements and Bonds. The Agreement form which the successful Bidder, asContractor, will be required to execute, and the forms and amounts of Surety bondswhich he will be required to furnish at the time of execution of the Agreement, areincluded in the bid documents and should be carefully examined by the Bidder. Therequired number of executed copies of the Agreement, the Performance Bond, and thePayment Bond is as specified in the Supplementary General Conditions. Payment andPerformance bonds must be executed by an admitted Surety insurer as defined in Codeof Civil Procedure §995.120.

9. Specifications. In case of conflict between the drawings and specifications, thespecifications shall take precedence.

10. Interoretation of Plans and Documents. If any person contemplating submitting a bid forthe proposed contract is in doubt as to the true meaning of any part of the drawings,specifications, or other bid documents, or finds discrepancies in, or omissions from thedrawings and specifications, he may submit to the District a written request for aninterpretation or correction thereof. The person submitting the request will beresponsible for its prompt delivery. Any interpretation or correction of the biddocuments will be made only by addendum duly issued and a copy of such addendumwill be faxed or delivered to each person receiving a set of the bid documents. Noperson is authorized to make any oral interpretation of any provision in the biddocuments to any Bidder, and no Bidder is authorized to rely on any such unauthorizedoral interpretation.

11. Bidders Interest in More than One Bid. No person, firm, or corporation shall be allowedto make, or file, or be interested in more than one bid for the same Work unlessalternate bids are specifically called for. A person, firm, or corporation that hassubmitted a sub-proposal to a Bidder, or that has quoted prices of materials to a Bidder,is not thereby disqualified from submitting a subproposal or quoting prices to otherBidders or making a prime proposal.

12. Award of Contract. The District reserves the right to reject any or all bids, or to waiveany irregularities or informalities in any bids or in the bidding. The award of thecontract, if made by the District, will be to the lowest responsible Bidder therefore.

13. Alternates. If alternate bids are called for on the Bid and Designation of ContractorsForm, the contract will be awarded at the election of the governing board to the lowestresponsive Bidder on the base bid and alternates as indicated in the bid advertisement.If no alternates were identified in the bid advertisement, then the contract will beawarded on base bid only.

14. Evidence of Responsibility. Upon the request of the District, a Bidder whose bid isunder consideration for the award of the contract shall submit promptly to the Districtsatisfactory evidence showing the Bidder's financial resources, his constructionexperience, and his organization and plant facilities available for the performance of thecontract.

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INFORMATION FOR BIDDERS(Cont'd)

15. Listing Subcontractors. Each Bidder shall submit with his bid, on the form furnished, alist of the names, license numbers, scopes of Work, places of business, andDepartment of Industrial Relations ("DIR") registration numbers of each subcontractorwho will perform Work or labor or render service to the Bidder in or about the project, ora subcontractor who under subcontract to the Bidder, specially fabricates and installs aportion of the Work, in an amount in excess of one-half of 1 percent of the Bidder's totalbid as required by the Subletting and Subcontracting Fair Practices Act (Public ContractCode §4100, et seq.) Pursuant to Labor Code §1725.5, all subcontractors (of any tier)performing Work on this Project must be properly registered with DIR.

16. Workers' Compensation. In accordance with the provisions of §3700 of the LaborCode, Contractor shall secure the payment of compensation to his employees.Contractor shall sign and file with the District the following certificate prior to performingthe Work under this contract: "I am aware of the provisions of §3700 of the Labor Codewhich require every employer to be insured against liability for Workers' Compensationor to undertake self-insurance in accordance with the provisions of the code, and I willcomply with such provisions before commencing the performance of the Work of thiscontract." The form of such certificate is included as part of the bid documents.

17. Bid Deposit Return. Deposits of three or more low Bidders, the number being at thediscretion of the District, will be held for sixty (60) days or until posting by thesuccessful Bidder(s) of the bonds and certificates of insurance required and return ofexecuted copies of the appropriate agreement form, whichever first occurs, at whichtime the deposits will be returned.

18. Forfeiture for Failure to Execute Contract. In the event the Bidder to whom an award ismade fails or refuses to execute the contract within ten (10) calendar days from the dateof receiving notification that he is the Bidder to whom the contract is awarded, theDistrict may declare the Bidder's bid deposit or bond forfeited as damages caused bythe failure of the Bidder to enter into the contract, and may award the Work to the nextlowest Bidder, or may call for new bids.

19. Nondiscrimination. Contractor agrees to not discriminate on the basis of race, color,religion, sex, marital status, national origin, ancestry, familiar status, disability, sexualorientation, pregnancy or pregnancy related condition in its employment practices. Thispolicy of affording equal employment opportunities to all persons is in keeping withprovisions of state and federal laws and regulations. The Contractor agrees to complywith applicable Federal and California laws including, but not limited to, the CaliforniaFair Employment and Housing Act, beginningwith Government Code §12900, andLabor Code §1735. In addition, the Contractor agrees to require like compliance by anySubcontractors employed on the Work by him.

20. Non-Collusion Declaration. Bidders on all public works contracts are required to submitan Non-Collusion Declaration with their bid. This form is included with the bid packageand must be signed under the penalty of pe~ury and dated. (Public Contract Code§7106, see page 12.)

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INFORMATION FOR BIDDERS(Cont'd)

21. DIR (Department of Industrial Relations) Registration of Contractor and Subcontractors.A Contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal,subject to the requirements of § 4104 of the Public Contract Code, or engage in theperformance of any contract for public Work, as defined in the Labor Code, unlesscurrently registered and qualified to perform public Work pursuant to §1725.5. It is not aviolation of this section for an unregistered Contractor to submit a bid that is authorizedby §7029.1 of the Business and Professions Code or by §§10164 or 2103.5 of thePublic Contract Code, provided the Contractor is registered to perform public Workpursuant to §1725.5 at the time the contract is awarded.

This Project is a public works project as defined in Labor Code §1720. Each Contractorbidding on this Project and all Subcontractors (of any tier) performing any portion of theWork must comply with the Labor Code §§1725.5 and 1771.1 and must be properly andcurrently registered with DIR and qualified to perform public works pursuant to LaborCode §1725.5 throughout the duration of the Project. For more information and up todate requirements, Contractors are recommended to periodically review the DIR'swebsite at www.dir.ca.gov. Contractor shall be solely responsible for ensuringcompliance with Labor Code §1725.5 as well as any requirements implemented by DIRapplicable to its services or its Subcontractors throughout the term of the Agreementand in no event shall Contractor be granted increased payment from the District or anytime extension to complete the Project as a result of Contractor's efforts to maintaincompliance with the Labor Code or any requirements implemented by the DIR. Failureto comply with these requirements shall be deemed a material breach of this Agreementand grounds for termination for cause. The Contractor and all Subcontractors shallfurnish certified payroll records as required pursuant Labor Code §1776 directly to theLabor Commissioner in accordance with Labor Code §1771.4 on at least on a monthlybasis (or more frequently if required by the District or the Labor Commissioner) and in aformat prescribed by the Labor commissioner. The District reserves the right towithhold contract payments if the District is notified, or determines as the result of itsown investigation, that Contractor is in violation of any of the requirements set forth inLabor Code §1720 et seq. at no penalty or cost to the District. Monitoring andenforcement of the prevailing wage laws and related requirements will be performed bythe Labor Commissioner/Department of Labor Standards Enforcement (DLSE).

5A

LONG BEACH UNIFIED SCHOOL DISTRICTPurchasing and Contracts Branch

2201 East Market StreetLong Beach, CA 90805

Phone: (562) 663-3005 Fax: (562) 634-5013

BID FORM AND DESIGNATION OF CONTRACTORS

FOR



CONTRACTOR'SLEGALNAME: __

STREET ADDRESS:

CITY, STATE, ZIP CODE:

TELEPHONE: ( ) ______

FAX: ( ) _

E-MAIL: _

6

---------- - - - -

BID FORM DESIGNATION OF CONTRACTORS(Cont'd)

TO: LONG BEACH UNIFIED SCHOOL DISTRICT, acting by and through its GoverningBoard, herein called the "District":

1. Pursuant to and in compliance with your Notice to Contractors and the other documentsrelating thereto, the undersigned Bidder, having familiarized himself with the terms ofthe contract, the local conditions affecting the performance of the contract and the costof the Work at the place where the Work is to be done, and with the drawings andspeCifications and other contract documents, hereby proposes and agrees to perform,within the time stipulated, the contract, including all of its component parts, andeverything required to be performed, and to provide and furnish any and all of the labor,materials, tools, expendable equipment, and all utility and transportation servicesnecessary to perform the contract and complete in a workmanlike manner all of theWork required in connection with;



all in strict conformity with the drawings and specifications and other contractdocuments, including addenda nos. , , , and , on fileat the Purchasing & Contracts Branch for the amount as set forth below.

Acknowledge the inclusion of all addenda issued prior to bid In the blanksprovided above. Your failure to do so may render your bid non-responsive.

Total Price - Entire Job _

_____ --:-:~==~':"":"":"'~~-----Dollars ($._~~~~~=_-I(WRITTENINWORDS) (NUMERICAMOUNT)

See Supplementarv General Conditions ("Award") section for explanation of award.

2. It is understood that the District reserves the right to reject this bid and that this bid shallremain open and not be withdrawn for the period specified in the Notice to Contractors.

7

BID FORM AND DESIGNATION OF CONTRACTORS(Cont'd)

3. The required bid security is hereto attached.

4. It is understood and agreed that if written notice of the acceptance of this bid is mailed, ordelivered to the undersigned after the opening of the bid, and within the time this bid isrequired to remain open, or at any time thereafter before this bid is withdrawn, theundersigned will execute and deliver to the District a contract in the form attached hereto inaccordance with the bid as accepted, and will also furnish and deliver to the District thePerformance Bond and Payment Bond as specified, all within ten (10) days after receipt ofnotification of award, and that the Work under the contract shall be commenced by theundersigned Bidder, if awarded the contract, on the date to be stated in the District's noticeto the Contractor to proceed, and shall be completed by the Contractor in the time specifiedin the bid documents.

5. All notices or other correspondence should be addressed to the undersigned at the addressstated below.

6. The names of all persons interested in the foregoing proposal as principals are as follows:

(IMPORTANT NOTICE: If Bidder or other interested person is a corporation, state legalname of corporation, also names of the president, secretary treasurer, and managerthereof; if a co-partnership, state true name of firm, also names of all individual co-partnerscomposing firm; if Bidder or other interested person is an individual, state first and lastnames in full.)

7. The undersigned holds a license Class License No. _And DIR Registration No.. _

8. In the event the Bidder to whom Notice of Intent to Award Contract is given fails or refusesto post the required bonds and return executed copies of the agreement form within ten(10) calendar days from the date of receiving the Notice of Intent to Award Contract, theDistrict may declare the Bidder's bid deposit or bond forfeited as damages.

9. Pursuant to Government Code §4552, in submitting a bid to the District, the Bidder offersand agrees that if the bid is accepted, it will assign to the District all rights, title, and interestin and to all causes of action it may have under §4 of the Clayton Act (15 U.S.C. § 15) orunder the Cartwright Act (Chapter 2 [commencing with §16700] of Part 2 of Division 7 ofthe Business and Professions Code), arising from purchases of goods, materials, or serviceby the Bidder for sale to the District pursuant to the bid. Such assignment shall be madeand become effective at the time the District tenders final payment to the Bidder.

8


10. Designation of Subcontractors

a. In compliance with the Subletting and Subcontracting Fair Practices Act (PublicContract Code §4100 et seq.) and any amendments thereof, each Bidder shall set forthbelow: (1) the name and the location of the place of business, and the CaliforniaContractor license number (CSLB#) of each Subcontractor who will perform Work orlabor or render services to the prime Contractor in or about the construction of the Workor improvement to be performed under this contract in an amount in excess of one-halfof one percent (.5%) of the prime Contractor's total bid, and (2) the portion of the Workwhich will be done by each Subcontractor under this act. The prime Contractor shall listonly one Subcontractor for each portion as is defined by the prime Contractor in this bid.

b. If a prime Contractor fails to specify a Subcontractor or if a prime Contractor specifiesmore than one Subcontractor for the same portion of Work to be performed under thecontract in excess of one-half of one percent (.5%) of the prime Contractor's total bid,he shall be deemed to have agreed that he is fully qualified to perform that portionhimself, and that he shall perform that portion himself.

c. No prime Contractor whose bid is accepted shall (1) substitute any Subcontractor, (2)permit any subcontract to be voluntarily assigned or transferred or allow it to beperformed by anyone other than the original Subcontractor listed in the original bid, or(3) sublet or subcontract any portion of the Work in excess of one-half of one percent(.5%) of the prime Contractor's total bid as to which his original bid did not designate aSubcontractor, except as authorized in the Subletting and Subcontracting Fair PracticesAct. Subletting or subcontracting of any portion of the Work in excess of one-half of onepercent (.5%) of the prime Contractor's total bid as to which no Subcontractor wasdesignated in the original bid shall only be permitted in cases of public emergency ornecessity, and then only after a finding reduced to writing as a public record of theauthority awarding this contract, setting forth the facts constituting the emergency ornecessity.

d. All Subcontractors (of any tier) performing any portion of the Work must comply withthe Labor Code §1725.5 and §1771.1 and must be properly and currently registeredwith the California Department of Industrial Relations and qualified to perform publicworks pursuant to Labor Code §1725.5 throughout the duration of the project.

9


List of Subcontractors

Portion of Work Subcontractor Name Location of Business Contractor DIR(Trade) (City, State) License R~istration

Number Number

PLEASE NOTE: If you are not using any subcontractors please write "NONE" across theabove chart.

9A


NOTE: If Bidder is a corporation, the legal name of the corporation shall be set forth togetherwith the signature of authorized officers or agents and the document shall bear the corporateseal; if Bidder is partnership, the true name of the firm shall be set forth together with thesignature of the partner or partners authorized to sign contracts on behalf of the partnership;and if Bidder is an individual, his signature shall be placed below.

(Signature)

(Print)

(Date)

THE INFORMATION BELOW ONLY NEEDS TOBE FILLED OUT IF IT IS DIFFERENTFROM PAGE6:

Street Address: _

City, State, Zip Code: _

Telephone: ( ) _

Fax: ( ) _

E-Mail: _

10


CONTRACTOR'S CERTIFICATEREGARDING WORKERS' COMPENSATION

Labor Code §3700.

"Every employer except the State shall secure the payment of compensation in one ormore of the following ways:

(a) By being insured against liability to pay compensation in one or more insurersduly authorized to write compensation insurance in this State.

(c) For any county, city, city and county, municipal corporation, public district, publicagency, or any political subdivision of the state, including each member of apooling arrangement under a joint exercise of powers agreement (but not thestate itself), by securing from the Director of Industrial Relations a certificate ofconsent to self-insure against Workers' Compensation claims, which certificatemay be given upon furnishing proof satisfactory to the director of ability toadminister Workers' Compensation claims properly, and to payWorkers'Compensation claims that may become due to its employees. On or beforeMarch 31, 1979, a political subdivision of the state which, on December 31, 1978,was uninsured for its liability to pay compensation, shall file a properly completedand executed application for a certificate of consent to self-insure againstWorkers' Compensation claims. The certificate shall be issued and be subject tothe provisions of §3702.

(b) By securing from the Director of Industrial Relations a certificate of consent toself-insure, which may be given upon furnishing proof satisfactory to the Directorof Industrial Relations of ability to self-insure and to pay any compensation thatmay become due to his employees.

For purposes of this section, "state" shall include the superior courts of California."

I am aware of the provisions of Labor Code §3700 which require every employer to be insuredagainst liability for workers' compensation or to undertake self-insurance in accordance withthe provisions of that code, and I will comply with such provisions before commencing theperformance of this contract.

(Signature)

(Print)

(Date)

(In accordance with Article 5 [commencing at §1860], Chapter 1, Part 7, Division 2 of the LaborCode, the above certificate must be signed and filed with the awarding body prior to performingany Work under this contract.)

11


NON-COLLUSION DECLARA liON

The undersigned declares:

I am the _-=:-:.,.....,- of , the party making the forgoing bid.(Title) (Nameof Company)

The bid is not made in the interest of, or on behalf of, any undisclosedperson, partnership, company, association, organization, or corporation.The bid is genuine and not collusive or a sham. The Bidder has not directlyor indirectly induced or solicited any other Bidder to put in a false or a shambid. The Bidder has not directly or indirectly colluded, conspired, connived,or agreed with any Bidder or anyone else to put in a sham bid, or torefrain from bidding. The Bidder has not in any manner, directly orindirectly, sought by agreement, communication, or conference withanyone to fix the bid price of the Bidder or any other Bidder, or to fix anyoverhead, profit, or cost element of the bid price, or of that of any otherBidder. All statements contained in the bid are true. The Bidder has not,directly or indirectly, submitted his or her bid price or any breakdownthereof, or the contents thereof, or divulged information or data relativethereto, to any corporation, partnership, company, association,organization, bid depository, or to any member or agent thereof, toeffectuate a collusive or a sham bid, and has not paid, and will not pay, anypersonorentityforsuchpurpose.

Any person executing this declaration on behalf of a Bidder that is acorporation, partnership, joint venture, limited liability company, limitedliability partnership, or any other entity, hereby represents that he or she hasfull power to execute, and does execute, this declaration on behalf of theBidder.

I declare under penalty of perjury under the laws of the State of California thatthe foregoing is true and correct and that this decla ration is executedon at. ~~~ , ~ _

(Date) (City) (State)

(Signature)

(Print)

12


BID BOND

of----~~--~~~------ ----------------------~77~~------------(Name of Principal) (Address)

City of State of--------~~--------- -------------~~~-------------(City) (State)

As Principal and,(Name of Surety Company)

a corporation organized and existing under the laws of the State of(State)

legally doing business in California as an admitted Surety insurer at -;-;-;-:----:- __(Address)

City of ~~------- ' State of California, as Surety, are indebted to the(City)

LONG BEACH UNIFIED SCHOOL DISTRICT in the amount of Percent %(e.g., Ten)

of the TOTAL AMOUNT OF THE BID of the Principal submitted to the District for whichpayment Principal and Surety bind ourselves, executors, successors, and assigns, jointly andseverally.

THE CONDITION OF THE OBLIGATION OF THIS BOND ISTHAT THE PRINCIPAL hassubmitted to the accompanying bid dated , for

(Month & Day) (Year)

(Title of Project)

NOW, THERFORE, if the Principal shall not withdraw said bid within the period specifiedtherein after the opening of the same, or, if no period be specified, within sixty (60) days aftersaid opening; and if the Principal is awarded the contract, and shall within the period specifiedtherefore, or, if no period is specified, within five (5) days after the prescribed forms arepresented to him for Signature,enter into a written contract with the District, in accordance withthe bid as accepted and give bond with good and sufficient Surety or sureties, as may berequired, for the faithful performance and proper fulfillment of such contract and for thepayment for labor and materials used for the performance of the contract, or in the event of thewithdrawal of said bid within the period specified or the failure to enter into such contract andgive such bonds within the time specified, if the Principal shall pay the District the differencebetween the amount specified in said bid and the amount for which the District may procurethe requiredWork and/or supplies, if the latter amount be in excess of the former, together withall costs incurred by the District in again calling for bids, then the above obligation shall be voidand of no effect, otherwise to remain in full force.

13


Surety, for value received, hereby stipulates and agrees that no change, extension of time,alteration or addition to the terms of the contract on the call for bids, or to the Work to beperformed thereunder, or the specifications accompanying the same, shall in any way affect itsobligation under this bond, and it does hereby waive notice of any such change, extension oftime, alteration or addition to the terms of said contract or the call for bids, or to the Work, or tothe specifications.

In the event suit is brought upon this bond by the District and judgment is recovered, theSurety shall pay all costs incurred by the District in such a suit, including a reasonableattorney's fee to be fixed by the court.

IN WITNESS WHEREOF this document has been duly executed by the Principal and Suretyabove-named on the day of , 20__

By:

Principal's Signature(Corporate Seal)

Typed or Printed Name

Principal's Title

By:Surety's Signature

(Corporate Seal)Typed or Printed Name

Title(Attached Attorney-in-Fact Certificate)

Surety's Name

Surety's Address

Surety's Phone Number

14

BID FORM AND DESIGNATION OF CONTRACTORS(Cant'd)

The following forms are samples of documents that will be requiredof the successful Bidder:

AGREEMENT

PERFORMANCE BOND

PAYMENT BOND (LABOR AND MATERIAL)

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longbeachunifiedschooldistrict AGREEMENT

LBUSDAgreement No.: _Approval Date: _

Purchase Order No.: C-----

This AGREEMENT, made this day of , , in the County of Los Angeles,State of California, by and between the LONG BEACH UNIFIED SCHOOL DISTRICT,hereinafter called the "District", and , hereinafter called the "Contractor".

,»WI T N E SSE T H that the District and the Contractor, for the consideR,lffonsstated herein,do mutually agree as follows: ~;,V'

""-',-",~':;~~r' ;,~~~'/ARTICLE 1 - SCOPE OF WORK. The Contractor shall perform witfti\-i~he.ti~'stipulated thecontracts as herein defined, and shall provide all labor, materials, toofS1:utiUIYservices, 8Jldtransportation to complete, in a workmanlike manner, all of the Work requi~~ in conQetrionwith the following titled project: ~\,." t~,_ ':.~'il''t:~" " :~,~;#".PROJECT NAME: :i :r~,~ ;:~BID SCHEDULE: . ;>i -" '" >'\ ';j\_,.#,,;7 . \ . '~')~"'" ,/'IT IS THE DUTY OF THE Contractor to compt;.!e the wo,ri. covered'b'~thiScontract in exactaccordance with the approved plans, S~fificat~~ anttiother contract documents as specifiedin Article 6 below. The Contractor shall~!iable"t~:tt)e District for any damages arising as aresult of a failure to fully comply with thal{)b~atiorr:'~ the Contractor shall not be excusedwith respect to any failure to so comply by:"any:aptor orfus~ionof the Architect, Engineer,Inspector, the Division of the ~~~ Archite~ or ~esentStive of any of them, unless such actor omission actually prevents t~It{~p!ract()f:J[om fti~ complying with the requirements of thedocuments. Such protest shalfl'l&,lb~ieff~cti~unleS$ reduced to writing and filed with thedistrict office within tilree working'day~ on~~e of occurrence of the act or omissionpreventing the Contl!ctb~'fr~m fully ~"plying Wi'ththe contract documents.

;":;.:j~, ,;::'<~:'~>X~:?;~\>:.}"", ',< ::-'-~T~~~

ARTICLE 2 - TIME FOil COM~JJ9N. "TheWork shall be commenced on the date stated inthe District: "tice to praceec.tilis pm"Cted in section A of the Supplementary GeneralConditiq ;as specifi~tI1erein shall be completed within ( ) calendar daysfrom a" after the date in'sb~h notice. Work not completed in conformance with the foregoingshall b\ s.u.bj49cttp')!ftttliQa..,.tedrQ~magesin the amount set forth in Section B of theSupple~l)~~Genera~,<;ondttlons.

'---~':'~"~~~'" -,>'J4

ARTICLE 3 - pRICE. THeDistrict shall pay to the Contractor as full consideration for thefaithful performanC!'9f'lhe agreement, subject to any additions or deductions as provided inthe documents, the sum of DOLLARSAND /100 ($ ).

ARTICLE 4 - HOLD HARMLESS AGREEMENT. The Contractor agrees to and does herebyindemnify and hold harmless the District, its officers, agents, and employees from every claimor demand made, and every liability, loss, damage, or expense, of any nature whatsoever,which may be incurred by reason of:

(a) Liability for damages for (1) death or bodily injury to persons, (2) injury to, loss or theft ofproperty, or (3) any other loss, damage or expense arising under either (1) or (2) above,

16

AGREEMENT(Cont'd)

sustained by the Contractor or any person, firm or corporation employed by the Contractorupon or in connection with the Work called for in this Agreement, except for liabilityresulting from the sole negligence or willful conduct of the District, its officers, employees,agents or independent Contractors who are directly employed by the District; and

(b) Any injury to or death of persons or damage to property caused by any act, neglect, defaultor omission of the Contractor, or any person, firm, or corporation employed by theContractor, either directly or by independent contract, including all darn.tQesdue to loss ortheft, sustained by any person, firm or corporation, including the Dimef, arising out of, or inany way connect~d with the Work cover~d .bythis agre~ment,.wl1~er said.inlury ordamage occurs either on or off school dlstnct property, If the habUftyarose;ff9""' thenegligence or willful misconduct of any employed by the ContractO~,eit .irectly or byindependent contract. ,"t . . -",x"

". \~ ,~~/;'(c) The Contractor, at his own expense, cost, and risk, stuill defend any antt\il,~~s, suits,

or other proceedings that may be brought or instituted; ,1 , inst the District, ~ffjcers,agents or employees, on any such claim, dem . liabi .. and shall ~y or satisfy anyjud~ment ~hatmay be rende~edagainst th~.,,, ' , '!10ffice~'7.agen~!i~:;employeesin anyaction, SUItor other proceedings as a re~,thereof. ;.~ ";Ji;:~; 0~~:l'

'it". .l .c- 'N?ARTICLE 5 - PROVISIONSREQUIR~BY LAw" ~ and every provision of law andcI~use required to be inserted in this A~ent Sfta,6e deer_nedto be ins~rted h~rein andthis Agreement shall be read and enfor ~~hou~:it~ere Included herein, and If throughmistake or otherwise any such provision i.'..~erted;9~iS not inserted correctly, then upon~ppli~ationof eithe~party th'r;:~ ract shal~rthY4t:tbe p~sically amended to make suchinsertion or correction. 1Jl) . "~A : 'E':{>

~"._""~.:~.:rj\~'h~>"~.;+\ 'v

ARTICLE 6 - COMPP ENT PAR~()F'TfR8AGREEMENT. This Agreement consists of thefollowing document ", ;.t/>~~icharei~ponenr parts of the Agreement as if herein set out infull or attached heret~ '~r;JJYr10'" ".°(1\

Notice to Contract~ .Inforrriatti>;~fpr.BladersBid Fqffil~,pesigna~ " '" ' ntra~ts, as acceptedList.oftstJbC¬ 11ntractors;~Ag~ment .' .;............... '~1paYQ1entB9.rl~(i~r ar:i~,Material) - 100% of contracted amountPerf()~OGe Bond*~' 0008of contracted amountGene~atC'onditions.•nd Special ConditionsDrawings ;>'. ;,"; ;;1¥Addenda and ReViSions

',,' ~:!~_~<'_7

ARTICLE 7 - PREVAILING WAGES. Wage rates for this Project shall be in accordance withthe general prevailing rate of holiday and overtimeWork in the locality in which the Work is tobe performed for each craft, classification, or type of Work needed to execute the contract asdetermined by the Director of the Department of Industrial Relations. Copies of schedules ofrates so determined by the Director of the Department of Industrial Relations are on file at theadministrative office of the District and are also available from the Director of the Departmentof Industrial Relations. Monitoring and enforcement of the prevailing wage laws and relatedrequirements will be performed by the Labor Commissioner/Department of Labor Standards

17

AGREEMENT(Cont'd)

Enforcement (DLSE). Every Contractor and sub-contractor will be required to submit CertifiedPayroll Records to the Department of Industrial Relations.

The following are hereby referenced and made a part of this Agreement and Contractorstipulates to the provisions contained therein.

1. Chapter 1 of Part 7 of Division 2 of the Labor Code (§1720 et. seq.)2. Califomia Code of Regulations, Title 8, Chapter 8, Subchapters 3 & 4 (§15000 et.

seq.) ..' il)'

All of the above-named documents are intended to be complement~'ork required by oneof the above-named documents and not by others shall be done a!(~equire~"'all.

. :"1;.. ::,>i/":{z:;,~~~

IN WITNESS WHEREOF, this Agreement has been duly executed by th9i~ow-na. .... .'~parties. '>.' ~"''':.;~'.~ ...•.q;DISTRICT: ~~~CT~:

"y"" .. -. ;~!,~ '\'~1~

LONG BEACH UNIFIED SCHOOL DISTRI~ .:~ :t;jjj·:.tlOF LOS ANGELES COUNTY . i~,\ .,..f ,

/:1~;(_:;:

Director

\ /h.b, •.'\;J.>\ ~~ame: _,1_ .'"<'~ .

.. /il': Title:,t'i~ -----------" Date: _

Ron Hoppe

Address: _

License No: _

Phone: (_-J), _

Fax: ( ) _

Email: _

Federal Tax 10: _

Authorized Officers or Agents

18

long ~beach

~'=~district ~AYr

AGREEMENT(Cont'd)

PERFORMANCE BOND

WHEREAS, the LONG BEACH UNIFIED SCHOOL DISTRICT OF LOS ANGELES COUNTY,"hereinafter referred to as District", has awarded , hereinafter designated as the"Principal", a contract for the Work described as follows:

PROJECT NAME:BID SCHEDULE:

cJY

WHEREAS, the Principal is required under the terms of the contrad/~ furnisllt~~ond for thefaithful performance of the contract, /~ , ,;}~.

./~);~~.

NOWTHEREFORE, WE, the Principal and ---_..,...--------;o...._-~;;::..._-, ~'>,

doing business in California, as an admitted Surety locatat, ~~~-

___________________ , State of califo~> ;;: \. .'."I ,'<I ~;!)i'1?

as Surety, are indebted to the District in the,r~ of ,,:)bOLLAR~~ND /100($ ), for which payment PrincipaL SUret'tPi,nQ;,,::>1:,pUrselves,our heirs, executors,administrators, successors and assig tly ana~erally.

".'~- .:'~fJ~~THE CONDITION OF THIS OBUGATIO~f H th'it}t.the Principal, his or its heirs,executors, administrators, S ; c ' ors or ai$jg > all kEif!pand perform the covenants,conditions and agreements irlt/~: acts .d anlt~Jeration thereof on his or their part, to bekept and performed at the time$::, ,,''" ",abnerttferein specified, and in all respectsaccording to their t~l~tent and mi'axling; ~all indemnify and save harmless the District,its offi~ers ~nd age~,t~~,E"e,' in,.,s,ti~~"eded,",', then ~hisobligation shall become null and void,otherwise, rt shall b&'~ ~l',full fG~ and virtue.

Surety, f()JLY.~IM~receiv4Jl~6y sti tites and agrees that no change, extension of time,alteratiQJfor'~tion to th.~rms of the agreement or to the Work to be performed thereunder,or thEl;§Pecificationsaccom~nying the same, shall in any way affect its obligation on thisbondo':'~,',.d"""",it"d ,)tti~,'t."w~e notice of any such change, extension of time, alteration oradditidn:pit rms of;the ~tract, or to the Work, or to the specifications.

~:~,~>4:,~ :~):~.~

In the event sujtis brp,Hghtupon this bond by the District and judgment is recovered, theSurety shall pa'aIJ~ts incurred by the District in such suit, including reasonable attorneyfees to be fixed bythe court.

19

0(;

.lJao .~B.:I-U!-AaWOUVLPBUV

:auo4dala 1.

:A8

UOltBJodJooJ! IBd!~UIJdlO IBas atBJodJoO:led!!)UIJd

Ol ' lO ABP a4t uo 'paWBU'AtaJns pUB ledpuIJd a4t Aq pa.n~axa Alnp uaaq SB4 .uawn~op S!4t '.:I03~3HM SS3N1.IM NI

(P,lUOJ).LN3W3311DV

AGREEMENT(Cont'd)

long ~beachunified== tf PAYMENT BOND

(Labor and Material Bond)

KNOW ALL MEN BY THESE PRESENTS, that whereas, the LONG BEACH UNIFIEDSCHOOL DISTRICT OF LOS ANGELES COUNTY has awarded to , hereinafterdesigned as the "Principal, n a contract for the Work described as follows:

PROJECT NAME:BID SCHEDULE:

,-.J'··i/fi'Y

WHEREAS, said Principal is required by Division 4, Part VI, Title mFo "'{commencingat §9550) of the California Civil Code to furnish a Labor and Material connectiQf!jwith. ,·,~:·ft'?

:::CO~::~FORE' WE,thePRINCIPALand '~ \~~~''J~.I?------~~~--------~~------doing business in California, as an admitted SU(~·~~';';';"·~~"'*'I0:--_~

~.jI1 """ r"ir------_____________ ---..!..i.~ffyof .•.•.•..~. , State of

California, as Surety, are indebted to the DISTRICT in.thJ1sum of AND 1100($ ), for which payment Principat.·~.:. Sure~~wourselves, our heirs, executors,administrators, successors and assign' arid:" .verally.

':", .~THE CONDITION OF THIS 0.. IGATIO(\ji~ . '>" that, <~id Principal, his or itssubcontractors, heirs, executc"(, inist~rs, SdtRess6rs, or assigns, shall fail to pay anyperson or persons named in ca .:.. .......' e §g~O or amounts due under theUnemployment Insurance Code; ~ re' ,;" Work or labor performed under the contract orfor any amounts re~}o be ded_, wit d, and paid over to the EmploymentDevelopment Departl'l\~"p:J the wa~ of the Contractor and subcontractors pursuant to§130~O of.the unempl\~mEh't1't~~,~ce ~e, with respect t~ such Work and labor that thesureties will ..pay for thE!'~am,!~ea~~lt ISbrought upon this bond reasonable attorney'sfees, as.~ar~fixed by;;tqltburt as provided in California Civil Code §9550 et. seq.

" .•'" .... ..'•.'j'

This ~~ shall'iQ,':W~~Qth~~nefit of any and all persons, companies, and corporationsentitl~~,)m,.~~s'~~er §~.OO of the Californ~a Civil Code, so as to give a right of action tothem ortf'ieiJasslgns I~y SUitbrought upon this bond .

•:Ju

And the said Syr:~ty..:.!¥value received, hereby stipulates and agrees that no change,extension of tirn_~armration or addition to the terms of the contract or to the Work to beperformed thereunder of the specifications accompanying the same shall in anywise affect itsobligations on this bond, and it does hereby waive notice of any such change, extension oftime, alteration or addition to the terms of the contract, or to the Work, or to the specifications.

21

AGREEMENT(Cont'd)

INWITNESS WHEREOF this document has been duly executed by the Principal and Surety,named, on the day of , 20 _

Principal:Corporate Seal of Principal if Corporation Principal

By: _

Print Name: __

Title: _

Surety: -'--

By: -w

Title: ,~~-----------"""""'!:"--";',~~.Telephone: " "". ::>:' ~

AttachAttorney-in-Factcertlfj~~,:nd R~~~~~grnent

i!;~)t:~~~>'>_ 'J\, >f'li>»}~';'~>~,

22

THIS PAGE INTENTIONALLY LEFT BLANK

23

General Conditions

CONTENTS OF GENERAL CONDITIONS

ARTICLENO.

1. DEFINITIONS 262. DRAWINGSAND SPECIFICATIONS 263. COPIESFURNISHED 274. OWNERSHIPOF DRAWINGS 275. DETAILDRAWINGSAND INSTRUCTIONS 286. TIME FORCOMPLETIONAND LIQUIDATEDDAMAGES 286.A EXTENSIONOFTIME 297. PROGRESSSCHEDULE 298. CONTRACTSECURITY 299. ASSIGNMENT 2910. CHANGEIN NAMEAND NATUREOF CONTRACTOR'SLEGALENTITY 2911. SEPARATECONTRACTS 3012. DISTRICT'SRIGHTTO TERMINATECONTRACT 3013. GUARANTEE 3114. NOTICEANDSERVICETHEREOF 3115. WORKERS 3216. PUBLICLIABILITYAND PROPERTYDAMAGE 3217. FIRE INSURANCE 3218. PROOFOFCARRIAGEOF INSURANCE. 3219. LAWSANDREGULATIONS 3320. PERMITSAND LICENSES 3320.A DIR REGISTRATION 3321. EASEMENTS 3322. SURVEYS 3323. EXCISETAXES 3324. PATENTS,ROYALTIES,AND INDEMNITITES 3425. SHOPDRAWINGS 3426. SAMPLES 3427. COSTBREAKDOWNAND PERIODICALESTIMATES 3528. PAYMENTS 3529. SUBSTITUTEDSECURITY 3630. ACCEPTANCEOFCOMPLETION 3631. PAYMENTSWITHHELD 3732. CHANGESAND EXTRAWORK 3733. RESOLUTIONOFCONSTRUCTIONCLAIMS 3834. DEDUCTIONSFORUNCORRECTEDWORK 3835. PAYMENTSBYCONTRACTOR 3936. CONTRACTOR'SSUPERVISION 3937. WORKERS'COMPENSATIONINSURANCE 3938. DOCUMENTSONWORKSITE 3939. UTILITIES 4040. SANITARYFACILITIES 4041. PROTECTIONOFWORKAND PROPERTY 4042. LAYOUTAND FIELDENGINEERING 4143. CUTTINGAND PATCHING 41

PAGE

General Conditions(Cont'd)

ARTICLENO.

44. CLEANING UP 4145. CORRECTION OF WORK BEFORE FINAL PAYMENT 4246. ACCESS TO WORK 4247. OCCUPANCY 4248. DISTRICT'S INSPECTOR 4249. SUBSURFACE CONDITIONS 4350. TESTS AND INSPECTIONS 4351. SOILS INVESTIGATION REPORT 4452. ARCHITECT'S STATUS 4453. ARCHITECT'S DECISION 4454. MATERIALS AND WORK 4455. SUBSTITUTIONS 4556. SUBCONTRACTING 4657. WAGE RATES 4658. RECORD OF WAGES PAID: INSPECTION 4759. HOURS OF WORK 4860. APPRENTICES 4961. ASSIGNMENT OF ANTITRUST CLAIMS 5162. TERMINATION 5263. PROVISIONS REQUIRED BY LAW DEEMED INSERTED 53

PAGE

25


GENERALCONDITIONS

Article 1. DEFINITIONS.

(a) The District, the Contractor, and the Architect are those named as such in the ContractDocumentsand are referredto as if eachwere of the singularandmasculinegender.

(b) Subcontractor,as used herein, includesthose havingdirect contactwith Contractorand onewho furnishesmaterialworked to a special design according to plans and specificationsofthis Work but does not includeone whomerelyfurnishesmaterialnot so worked.

(c) Worker includeslaborer,worker,or mechanic.

(d) Locality in which theWork is performedmeansthe county in which the publicWork is done.

(e) Surety is the firm or corporationthat executesas Suretythe Contractor'sPerformanceBondand Payment Bond. Surety must be an admitted Surety insurer pursuant to code of CivilProcedure§995.120.

(f) Provideshall include"providecomplete in place," that is, "furnishand install."

(g) As shownas indicatedas detailed, refer to drawingsaccompanyingthis specification.

(h) The term "Work"means labor and materials,or both, incorporatedin, or to be incorporatedin the construction covered by the Contract Documents. Unless otherwise specified, theterms "approved", "directed", "satisfactory", "accepted", "acceptable", "proper", "required","necessary", and "equal", mean as approved, directed, satisfactory, accepted, proper,required,necessaryand equal, in the opinionof the Architect.

The letters "ASTM"means the "AmericanSociety for Testing and Materials"and the latestedition shallapply for the respectivespecificationdesignations.

Article 2. DRAWINGSANDSPECIFICATIONS.

Contract Documents are complementary,and what is called for by one document shall be asbindingas if called for by all. The intentionof the documents is to includeall labor and materials,equipmentand transportationnecessaryfor the proper executionof the Work. Materialsor Workdescribed in words which so applied have a well known technical or trade meaning shall bedeemedto refer to such recognizedstandards.

Interpretations. Figureddimensionson drawingsshall govern, but Work not dimensionedshall beas directed. Work not particularlyshownor specifiedshall be sameas similarparts that are shownor specified. Large-scaledrawingsshall take precedenceover smaller scaledrawingsas to shapeand details of construction. Specifications shall govern as to materials, workmanship, andinstallation procedures. Drawingsand specificationsare intended to be fully cooperative and toagree. However, if Contractorobserves that drawings and specificationsare in conflict, he shallpromptlynotify the architect in writingand any necessarychangesshall be adjustedas provided incontractfor changesinWork.

Misunderstandingof drawingsand specificationsshall be clarified by the Architect,whose decisionshall be final.

26


Standards Rules and Regulations referred to are recognized printed standards and shall beconsideredas one and a part of these specificationswithin limits specified.

Specificationsand AccompanyingDrawingsare intendedto delineateand describethe project andits component parts to such a degree as will enable skilled and competent Contractors tointelligentlybid upon theWork, and to carry saidWork to a successfulconclusion.

Trade Name or Trade Term. It is not the intention of said documents to go into detaileddescriptionsof any materialsand/or methods commonlyknownto the trade under "trade name" or"trade term". The mere mention of notation of such "trade name" or "trade term" shall beconsidereda sufficientnoticeto Contractorthat hewill be requiredto completetheWork so namedwith all its appurtenancesaccordingto the best practicesof the trade.

The naming of any material and/or equipment shall mean furnishing and installing of same,includingall incidentaland accessory items thereto and/or labor therefore as per best practicesofthe trade(s) involved,unlessspecificallynotedotherwise.

Contract Documents. In case of conflict between the drawings and specifications, thespecificationsshall take precedence.

Drawings and Specifications are intended to comply with all laws, ordinances, rules andregulations of constituted authorities having jurisdiction, and where referred to in the ContractDocuments, said laws, ordinances, rules and regulations shall be considered as a part of saidContract Documents within the limits specified. The Contractor shall bear all expenses ofcorrectingWork done contrary to said laws, ordinances, rules and regulations if the Contractorknewor should have known that the Work as performedis contrary to said laws, ordinances, rulesand regulationsand if the Contractorperformed same (1) without first consulting the Architect forfurther instructions regarding said Work or (2) disregarded the Architect's instructions regardingsaidWork.

Article3. COPIESFURNISHED.

Contractorwill be furnishedfree of charge, copiesof drawingsand specificationsas set forth in thesupplementaryGeneral Conditions. Additional copiesmay be obtained at cost of reproductionasdeterminedby DistrictRepresentative.

Article4. OWNERSHIPOF DRAWINGS.

All drawings,speciflcatlons,and copies thereof furnished by the District are its property. They arenot to be used on otherWork and with exceptionof signedcontract sets are to be returnedto it atcompletionof Work.

27


Article 5. DETAILDRAWINGSAND INSTRUCTIONS.

(a) In case of ambiguity,conflict, or lack of information,Architect shall furnish with reasonablepromptness, additional instructions by means of drawings or otherwise, necessary forproper execution of Work. All such drawings and instruments shall be consistent withcontractdocuments,true developmentsthereof,and reasonablyinferabletherefrom.

(b) Work shall be executed in conformity therewith and Contractor shall do no Work withoutproperdrawingsand instructions.

(c) The Architectwill furnish necessaryadditionaldetails to more fully explain the Work, whichdetails shall be consideredas part of the contractDocuments.

(d) Shouldany details be more elaborate, in the opinionof the Contractor,than scale drawingsand specificationswarrant,written notice thereof shall be given to the Architectwith five (5)days of the receiptof same. In case no notice is given to the Architectwithin five (5) days, itwill be assumed the details are reasonabledevelopment of the scale drawings. In casenotice is given, then the claim will be considered, and if found justified, the Architect willeithermodify the drawingsor shall recommendto Districta changeorder for the extraWorkperformed.

(e) The Contractor shall keep on the Work site one legible copy of all approved drawings,setting plans, schedules and specifications. Said documents shall be available to theArchitectand to his representativesand all constitutedauthoritieshavingjurisdiction.

(f) All parts of the described and shown construction shall be of the best quality of theirrespectivekinds and the Contractor is hereby advised to use all diligence to inform himselffully as to the required constructionand finish, and in no case to proceedwith the differentparts of the Work without obtaining first from the Architect such directionsand/or drawingsas may be necessaryfor the properperformanceof theWork.

(g) If it is found that the Contractor has varied from the drawings and/or specifications, inmaterials,quality, form or finish, or in the amount or value of the materialsand labor used,the Architect shall be at liberty at any time, beforeor after completionof Work, to order suchimproperWork removed, remade and replaced,all Work disturbed by these changes shallbe made good at the Contractor's expense, or the Architect shall receive from theContractor,for the District (or District shall deduct from amount due Contractor),a sum ofmoneyequivalentto the difference in value betweentheWork performedand that called forby the drawings and specifications, it being optional with the Architect to pursue eithercourse.

Article 6. TIME FORCOMPLETIONAND LIQUIDATEDDAMAGES.

Work shall not be commencedon or before the date stated in District's notice to the Contractortoproceedand shall be completedby Contractor in the time specified in the SupplementaryGeneralConditions. If theWork is not completedin accordancewith the foregoing, it is understoodthat theDistrict will suffer damage. It being impractical and infeasible to determine the amount of actualdamage, it is agreed that Contractorshall pay to District as fixed and liquidateddamages,and notas a penalty,the sum stipulatedin the SupplementaryGeneralConditionsfor eachcalendarday ofdelay until Work is completed and accepted. Contractor and his Surety shall be liable for theamount thereof.

28


Article 6A. EXTENSION OF TIME.

Contractor shall not be charged liquidated damages because of any delays in completion of Workdue to unforeseeable causes beyond the control and without the fault or negligence of Contractorincluding, but not restricted to: acts of God or public enemy, acts of Government, acts of theDistrict or anyone employed by it, another Contractor in performance of a contract with the District,fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and unusually severeweather, or delays of subcontractors due to such causes. Contractor shall within ten (10) days ofbeginning of any such delay (unless the District grants a further period of time prior to the date offinal settlement of the contract) notify the District in writing of causes of delay; thereupon theDistrict shall ascertain the facts and extent of delay and grant extension of time for completingWork when, in its judgment, the findings of fact justify such an extension. In case of a continuingcause of delay, only one claim is necessary.

Article 7. PROGRESS SCHEDULE.

Immediately after being awarded contract, Contractor shall prepare an estimated progressschedule and submit same for the District's approval. Schedule shall indicate graphically thebeginning and completion dates of all phases of construction.

Article 8. CONTRACT SECURITY.

Unless otherwise specified in the Supplementary General Conditions, Contractor shall furnish aSurety bond in an amount equal to 100 percent of the contract price as security for faithfulperformance of this contract and shall furnish a separate bond in an amount at least equal to 100percent of the contract price as security for payment of persons performing labor and furnishingmaterials in connection with this contract.

Aforesaid bonds shall be in form set forth in these contract documents. Upon request ofContractor, District will consider and accept multiple sureties on such bonds. Only bonds executedby admitted Surety insurers as defined in Code of Civil Procedure §995.120 shall be accepted.

Article 9. ASSIGNMENT.

Contractor shall not assign this contract or any part thereof without prior written consent of theDistrict. Any assignment of money due or to become due under this contract shall be subject to aprior lien for services rendered or material supplied for performance of Work called for under saidcontract in favor of all persons, firms, or corporations rendering such services or supplying suchmaterials to the extent that claims are filed pursuant to the Code of Civil Procedure and theGovernment Code and shall also be subject to deductions for liquidated damages if liquidateddamages have been assessed as specified in Article 6 herein.

Article 10. CHANGE IN NAME AND NATURE OF CONTRACTOR'S LEGAL ENTITY.Should a change be contemplated in the name or nature of the Contractor's legal entity, theContractor shall first notify the District in order that the proper steps may be taken to have thechange reflected on the Agreement.

29


Article 11. SEPARATECONTRACTS.

The District reserves the right to let other contracts in connectionwith this Work. Contractorshallafford other Contractorsreasonableopportunityfor introductionand storage of their materialsandexecutionof their Work and shall properlyconnectand coordinatethis Work with theirs. If any partof Contractor'sWork depends for proper executionor results uponWork of any other Contractor,the Contractorshall inspectand promptlyreport to Architectany defects in suchWork that render itunsuitable for such proper execution and results. His failure to so inspect and report shallconstitute his acceptanceof other Contractor'sWork as fit and proper for reception of his Work,exceptas to defectswhichmay develop in other Contractor'sWork after executionof hisWork.

To ensure proper executionof his subsequentWork, Contractorshall measure and inspectWorkalready in placeand shall at once report to the Architect any discrepancybetweenexecutedWorkand contractdocuments. Contractorshall ascertainto his own satisfactionthe scopeof the projectand nature of any other contractsthat have beenor may be awardedby the District in prosecutionof the project to the end that Contractor may perform this contract in the light of such othercontracts, if any. Nothingherein containedshall be interpretedas granting to Contractorexclusiveoccupancyat site of project. Contractor shall not cause any unnecessaryhindrance or delay toany other Contractorworking on project. If simultaneousexecutionof any contract for the projectis likely to cause interferencewith performanceof some other contract or contracts, the Districtshall decide which Contractor shall continue or whether Work can be coordinated so thatContractorsmay proceed simultaneously. The District shall not be responsiblefor any damagessuffered or extra costs incurred by Contractor resulting directly or indirectly from award orperformanceor attemptedperformanceof any other contractor contractson the project,or causedby any decision or omission of the District respectingthe order of precedence in performanceofcontracts.

Article 12. DISTRICT'SRIGHTTO TERMINATECONTRACT.

If the Contractor refuses or fails to prosecute the Work or any separable part thereof with suchdiligenceas will insure its completionwithin the time specifiedor any extension thereof, or fails tocompletesaidWork within such time, or if the Contractorshould be adjudgedas bankrupt,or if heshould make a general assignment for the benefit of his creditors, or if a receiver should beappointedon account of his insolvency,or if he should persistentlyor repeatedlyrefuse or shouldfail, except in cases for which extension of time is provided, to supply enough properly skilledworkmen or proper materials to complete the Work in time specified,or if he should fail to makeprompt payment to subcontractors or for material or labor, or persistently disregards laws,ordinances or instruction of the District, or otherwise be guilty of a substantial violation of anyprovisionof the contract, or if he or his subcontractorsshould violate any of the proviSionsof thiscontract, then the Districtmay, without prejudiceto any other right or remedy, servewritten noticeupon him and his Surety of its intention to terminate this contract, such notice to contain thereasons for such intention to terminate, and unless within ten (10) days after the service of suchnotice such condition shall cease or such violation shall cease and satisfactoryarrangementsforthe correctionthereof be made, this contractshall upon the expirationof said ten (10) days, ceaseand terminate. In such cases, Contractorshall not be entitled to receiveany further paymentuntilWork is finished. In the event of any such termination,the District shall immediatelyserve writtennotice thereof upon Surety and Contractor, and Surety shall have the right to take over andperformthis contract,provided,however,that if Suretywithin fifteen (15) days after serviceupon itof said noticeof terminationdoes not give the Districtwritten noticeof its intentionto take over andperformthis contract,or does not commenceperformancethereofwithin thirty (30) days from dateof servingsuch notice,the Districtmay take over theWork and prosecutesame to completionby

30

GeneralConditions(Cont'd)

contract or by any other method it may deem be liable to the District thereby. The District may,without liability for doing so, take possessionof and utilize in completingthe Work such materials,appliances,plant, and other propertybelongingto the Contractoras may be on the site of theWorkand necessary therefor. If the unpaid balance of the contract price shall exceed the managerialand administrativeservices, such excess shall be paid to Contractor. If the expenseshall exceedthe unpaid balance,Contractorshall pay the differenceto District. Expenseincurredby District asherein provided, and damage incurred through Contractor's default, shall be certified by theArchitect.The foregoing provisions are in addition to and not in limitation of any other rights or remediesavailableto the District.

Article 13. GUARANTEE.

Besidesguaranteesrequiredelsewhere,Contractorshall and hereby does, guaranteeall Work fora periodof one year after date of acceptanceof Work by the district and shall repairor replaceanyor all suchWork, togetherwith any otherWork which may be displaced in so doing, that may provedefective in workmanship and/or materials within the one-year period from date of acceptancewithout expense whatsoever to the District, ordinary wear and tear, unusual abuse or neglectexcepted. The District will give notice of observed defects with reasonable promptness.Contractorshall notify the Districtuponcompletionof repairs.

In the event of failure of Contractor to comply with above mentionedconditionswithin one weekafter being notified in writing, the District is hereby authorizedto proceed to have defects repairedand made good at expenseof Contractor,who hereby agrees to pay costs and charges thereforeimmediatelyon demand.

If, in the opinion of the District, defective Work creates a dangerous condition or requiresimmediatecorrectionor attention to prevent further loss to the District, or to prevent interruptionofoperationsof the district, the District will attempt to give the notice required by this article. If theContractorcannot be contacted or does not comply with the District's requirementsfor correctionwithin a reasonable time as determined by the District, the District may, notwithstanding theprovisionsof this article, proceed to make such correctionor provide such attention and the costsof such correctionor attentionshall be charged against the Contractor. Such action by the Districtwill not relieve the Contractor of the guarantees provided in this article or elsewhere in thiscontract.

This article does not in any way limit the guaranteeon any items for which a longer guarantee isspecified, or on any items for which a manufacturer gives a guarantee for a longer period.Contractor shall furnish the District all appropriate guarantee or warranty certificates uponcompletionof the project.

Article 14. NOTICEAND SERVICETHEREOF.

Any notice from one party to the other under the contract shall be in writing and shall be dated andsigned by party giving such notice or by duly authorized representativeof such party. Any suchnotice shall not be effective for any purpose whatsoever unless served in one of the follOwingmanners:

(a) If notice is given to the District, by personaldelivery thereof to the District, or by depositingsame in United States mails, enclosed in a sealed envelope, addressed to the District,postageprepaidand certified.

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(b) If notice is given to Contractor, by personal delivery thereof to said Contractor or to hisforeman at site of project, or by depositing same in United States mails, enclosed in asealed envelopeaddressed to said Contractor at his regular place of business or at suchother address as may have been established for the conduct of Work under this contract,postageprepaidand certified.

(c) If notice is given to Surety or other person, by personal delivery to such Surety or otherperson or by depositing same in United States mails, enclosed in a sealed envelope,addressed to such Surety or person at the address of such Surety or person lastcommunicatedby him to partygiving notice,postageprepaidand certified.

Article 15. WORKERS.

(a) Contractorshall at all times enforce strict diSCiplineand good order among his employeesand shall not employon projectunfit personsor anyonenot skilled inWork assignedto him.

(b) Any person in the employ of the Contractor,whom the District may deem incompetentorunfit, shall be dismissed from project, and shall not again be employed on it except withwritten consentof District.

Article 16. PUBLICLIABILITYANDPROPERTYDAMAGEINSURANCE.

Contractor shall take out and maintain during the life of this contract such public liability andpropertydamage insuranceas shall protect him and the District from all claims for personal injury,includingaccidentaldeath, as well as from all claims for propertydamagearising from operationsunderthis contract, in amountsas set forth in SupplementaryGeneralConditions.

Contractor shall require his subcontractors,if any, to take out and maintain similar public liabilityand propertydamage insurancein amountsas hereinafterset forth.

Article 17. FIRE INSURANCE.

Contractorshall maintain,and cause to be maintained,fire insuranceon all Work subject to loss ordamage by fire. Amount of fire insuranceshall be sufficient to protect against loss or damage infull untilWork is acceptedby the District.

Article 18. PROOFOF CARRIAGEOF INSURANCE.

Contractor shall not commenceWork nor shall he allow any subcontractor to commenceWorkunder this contract until he has obtained all required insuranceand certificates,which have beendeliveredin duplicateto and approvedby the District.

(a) Certificatesand insurancepoliciesshall includethe followingclause:

"This policy shall not be cancelled or reduced in required limits of liability or amounts ofinsuranceuntil noticehas beenmailedto the District. Dateof cancellationor reductionmaynot be less than ten (10) days after date of mailingnotice."

(b) Certificatesof insuranceshall state in particular those insured,extent of insurance, locationand operation to which insurance applies, expiration date, and cancellation and reductionnotice.

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(c) Certificates of insurance shall clearly state that the District is named as an additionalinsured under the policy described and that such insurance policy shall be primary to anyinsuranceof self-insurancemaintainedby the District.

Article 19. LAWSANDREGULATIONS.

Contractor shall give all notices and comply with all laws, ordinances, rules, and regulationsbearingon conduct of Work as indicatedand specified. If Contractorobserves that drawings andspecifications are at variance therewith, he shall promptly notify Architect in writing, and anynecessarychanges shall be adjusted as provided in contract for changes in Work. If ContractorperformsanyWork knowing it to be contrary to such laws, ordinances, rules, and regulations,andwithout such noticeto Architect, he shall bear all costsarisingtherefrom.

Article20. PERMITSAND LICENSES.

Permits and licenses necessary for prosecution of Work shall be secured and paid for byContractor,unlessotherwisespecified.

Article 20 (A). DIR REGISTRATION

Strict compliancewith all DIR registration requirements in accordancewith Labor Code §§1725.5and 1771.1is a materialobligationof the Contractorand all of its subcontractors(of any tier) underthe Contract Documents. The foregoing includes, without limitation, compliance with DIRregistrationrequirementsat all times during performanceof the Work by the Contractorand all ofits subcontractorsof any tier. The failure of the Contractorand all subcontractorsof any tier to beproperlyregisteredwith DIR at all times during performanceof theWork is a material breachof theContractand subject to terminationfor cause.

An affirmative and ongoing obligation of the Contractor under the Contract documents is theverificationthat all subcontractorsof any tier are at all times during performanceof theWork are infull and strict compliancewith the DIR registrationrequirements. The Contractorshall not permit orallow any subcontractorof any tier to performanyWork without the Contractor'sverificationthat allsubcontractors are in full and strict compliance with the DIR registration requirements. Anysubcontractorsof any tier not properly registeredwith DIR shall be substituted in accordancewithLabor Code §1771.1. Contractor or its subcontractorsof any tier shall not be entitled to anyadditional costs or time arising from or in any way related to compliancewith the DIR registrationrequirements.

Article 21. EASEMENTS.

Easementsfor permanent structuresor permanent changes in existing facilities shall be securedand paid for by the Districtunlessotherwisespecified.

Article 22. SURVEYS.

Surveysto determinelocationof property lines and comerswill be suppliedby the district. Surveysto determinelocationsof construction,gradingand siteWork shall be providedby Contractor.

Article 23. EXCISETAXES.

If, under federal excise tax law, any transaction hereunder constitutes a sale on which a federalexcisetax is imposed,and the sale is exemptfrom such excise tax because it is a sale to a state or

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local government for its exclusive use, the District, upon requires, will execute a certificate ofexemption which will certify (1) that the District is a political subdivision of the state for the purposeof such exemption; and (2) that the sale is for the exclusive use of the District. No excise tax forsuch materials shall be included in any bid price.

Article 24. PATENTS, ROYALTIES, AND INDEMNITIES.

The Contractor shall hold and save the District, its officers, agents, and employees harmless fromevery claim or demand made, and every liability, loss, damages or expenses of any nature or kindincluding attorney fees, and costs, for or on account of any patented or unpatented invention,process, article, or appliance manufactured or used in the performance of this contract, includingits use by the District, unless otherwise specifically stipulated in the contract documents and unlesssuch liability arises from the sole negligence or willful misconduct of the District, its officers,employees, agents, or independent Contractors who are directly employed by the District.

Article 25. SHOP DRAWINGS.

Contractor shall check and verify all field measurements and shall submit, with such promptnessas to not cause delay in his own Work or in that of any other Contractor, six (6) copies checkedand approved by him of all shop or setting drawings, schedules, and materials list required for theWork of various trades. Architect shall review and return within ten (10) days such schedules anddrawings only for performance with design concept of project and compliance with informationgiven in contract documents. Contractor shall make any corrections required by Architect, file withhim three (3) corrected copies and furnish such other copies as may be needed for construction.Architect's approval of such drawings or schedules shall not relieve Contractor from responsibilityfor deviations from drawings or specifications unless he has in writing called Architects' attention tosuch deviations at time of submission and secured his written approval nor shall it relieve him fromresponsibility for errors in shop drawings or schedules.

Article 26. SAMPLES.

Contractor shall furnish for approval, within thirty-five (35) days following award of contract, allsamples as required in specifications together with catalogs and supporting data required byArchitect. This provision shall not authorize any extension of time for performance of this contract.Architect will check and approve such samples, within ten (10) working days from receipt of same,only for conformance with design concept of Work and for compliance with information given incontract documents. Work shall be in accordance with approved samples.

Unless specified otherwise, sampling, preparation of samples and tests shall be in accordance withthe latest standards of the American Society of Testing and Materials.

Samples of materials and/or articles shall, upon demand, be submitted for tests or examinationsand consideration before incorporation of same in Work is started. Contractor shall be solelyresponsible for delays due to samples not being submitted in time to allow for proper time to maketests. Acceptance or rejection will be expressed in writing. Materials furnished must be equal toapproved samples in every respect. Samples which are of value after testing will remain theproperty of the Contractor.

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Article 27. COSTBREAKDOWNANDPERIODICALESTIMATES.

Contractorshall furnishon forms approvedby District:

(a) Within ten (10) days of award of contract a detailed estimategiving complete breakdownofcontractprice;and

(b) A periodic itemizedestimateofWork done for purposeof makingpartial paymentsthereon.

(c) Within ten (10) days of requestby District,a scheduleof estimatedmonthlypaymentswhichshall be due him underthe contract.

Values employed in making up any of these scheduleswill be used only for determiningbasis ofpartial payments and will not be considered as fixing a basis for additions to or deductions fromcontract price.

Article 28. PAYMENTS.

Each month within fifteen (15) days after receipt of the approved periodic estimate for partialpayment,there shall be paid to Contractora sum equal to ninety-fivepercent (95%) of value of theWork performedup to the last day of the previousmonth, less the aggregateof previouspayments.Monthly payments shall be made only on the basis of monthly estimateswhich shall be preparedby Contractoron a form approvedby Districtand filed before the fifth (5th) day of the month duringwhich payment is to be made. Work completed as estimated shall be an estimate only and noinaccuracy or error in said estimate shall operate to release Contractor or any bondsman fromdamagesarisingfrom suchWork or from enforcingeach and every provisionof this contract,andDistrict shall have the right subsequentlyto correct any error made in any estimate for payment.Contractor shall not be entitled to have any payment estimates processedor be entitled to haveany paymentmade for Work performedso long as any lawful or proper direction concerningWorkor any portionthereofgiven by the Districtor Architect shall remainuncompliedwith.

The final payment of five percent (5%) of the value of Work done under this contract, ifunencumbered, shall be made thirty-five (35) days after acceptance of Work by District.Acceptancewill be made only by an action of the governing board or by an administrator of thedistrict specificallyauthorizedby the board, in a public meeting thereof, to accept the Work underthis contractas complete.

Acceptance by Contractor of said final payment shall constitute a waiver of all claims againstDistrict arising from this contract. At any time after fifty percent (50%) of the Work has beencompleted, if the District, by action of its governing body, finds that satisfactoryprogress is beingmade, Districtmay make any of the remainingpayments in full for actualWork completedor maywithholdany amount up to five percent (5%) thereof as Districtmay find appropriatebased on theContractor'sprogress.

The title to newmaterialsand/or equipmentfor the Work of this contract and attendant liability forits protection and safety, shall remain with the Contractor until incorporated in the Work of thiscontractand acceptedby the District; no part of said materialsand/or equipmentshall be removedfrom its place of storage except for immediate installation in thE Work of this contract; andContractor shall keep an accurate inventory of all said materials and/or equipment in a mannersatisfactoryto the Districtor its authorizedrepresentative.

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Before payment is made hereunder, a certificate in writing shall be obtained from the Architectstating that the Work for which the payment is demanded has been performed in accordance withthe terms of the contract and that the amount stated in the certificate is due under the terms of thecontract, which certificate shall be attached to and made a part of the claim made and filed with thedistrict, provided that if the Architect shall, within three (3) days after written demand therefor, fail todeliver such certificate to the District, the Contractor may file his claim with the District without saidcertificate, but together with such claim shall be filed a statement that demand was made for suchcertificate and that the same was refused. Thereupon, the District will either allow said claim aspresented or shall, by an order entered on the minutes of the governing board of the District statethe reasons for refusing to allow said claim. It is understood, moreover, that the certificate of theArchitect shall not be conclusive upon the District, but advisory merely, and that the paymentsherein provided for shall only be made when in fact such Work has been performed in accordancewith this contract.

In accordance with §22300 of the Public Contract Code, the District will permit the substitution ofsecurities for any moneys withheld by the District to ensure performance under the contract. At therequest and expense of the Contractor, securities equivalent to the amount withheld shall bedeposited with the District, or with a state or federally chartered bank as the escrow agent, whoshall then pay such moneys to the Contractor. Upon satisfactory completion of the contract, thesecurities shall be returned to the Contractor.

Article 29. SUBSTITUTED SECURITY.

Securities eligible for investment under this section shall include those listed in Government Code§16430, bank of savings and loan certificates of deposit, interest bearing demand depositaccounts, standby letters of credit, or any other security mutually agreed to by the Contractor andthe District.

The Contractor shall be the beneficial owner of any securities substituted for moneys withheld andshall receive any interest thereon.

The escrow agreement used for the purposes of this section shall be substantially similar to theform set forth in Public Contract code §22300.

Article 30. ACCEPTANCE OF COMPLETION.

District shall accept completion of the contract and have the Notice of Completion recorded onlywhen the entire Work (except for minor corrective items as distinguished from incomplete items)shall have been completed to the satisfaction of the Architect, Business Manager and Inspector ofthe District.

If the Contractor fails to complete the minor corrective items prior to the expiration of the thirty-five(35) day period immediately following Acceptance of Completion, the District shall withhold fromthe final payment an amount equal to twice the estimated cost, as determined by the District, ofeach item until such time as the last of the items has been completed.

At the end of the 35-day period, if there are items remaining to be corrected, the District mayrequest the Contractor in writing to make immediate correction of said items; and if the Contractorfails to make such correction within ten (10) days of the date of the written notice, the District maymake the correction and deduct the costs from the amount withheld therefor.

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Article 31. PAYMENTSWITHHELD.

In addition to amountswhich Districtmay retain underarticle 28 entitled "Payments,"and article 30entitled "Acceptanceof Completion,"District may withhold a sufficient amount or amounts of anypaymentor paymentsotherwisedue to Contractor,as in its judgmentmay be necessaryto cover:

(a) Paymentswhich may be past due and payable for just claims against Contractor or anysubcontractorsfor laboror materialsfurnished in and about the performanceof Work on theproject underthis contract.

(b) DefectiveWork not remedied.

(c) Failure of Contractor to make proper payments to his subcontractor or for material andlabor.

(d) Completionof contract if there exists a reasonabledoubt that contractcan be completedforbalancethen unpaid.

(e) Damageto anotherContractor.

When the above grounds are removed, payment shall be made for amountswithheld becauseofthem.

Districtmay apply suchwithheldamountor amountsto paymentof such claims or obligationsat itsdiscretion. In so doing, Districtshall be deemedthe agent of Contractorand any paymentso madeby District shall be consideredas a payment made under contract by District to Contractor, andDistrict shall not be liable to Contractor for such payments made in good faith. Such paymentsmay be made without prior judicial determination of claim or obligations. District will renderContractora properaccountingof suchfunds disbursedon behalfof Contractor.

Article 32. CHANGESAND EXTRAWORK.

Changes inWork. The District,without invalidatingthe contractand as providedby law,may orderextra Work or make changes by altering, adding to, or deducting from Work, the contract sumbeing adjusted accordingly. All such Work shall be executed under conditions of the originalcontract,exceptthat any claimfor extensionof time causedtherebyshall be adjustedat the time ofordering such change. Contractor shall increase the amounts of his payment and performancebonds in proportionto any increasein the contract price. In giving instructions,Architect shall haveauthority to make minor changes in Work, not involving change in cost, and not inconsistentwiththe purposesof the building. Otherwise,except in an emergencyendangeringlife or property, noextra Work or change shall be made unless in pursuanceof a written order from the District, andno claimfor additionto contractsum shall be valid unless so ordered.

Value of any such extra Work, change, or deduction shall be determinedat the discretion of thedistrict in one or more of the followingways:

(a) By acceptancelump-sumproposalfrom Contractor;

(b) By unit prices contained in Contractor'soriginal bid and incorporatedin contract documentsor fixed by subsequentagreementbetweenthe Districtand Contractor;

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(c) By cost of material and labor and percentagefor overhead and profit. The following formshall be followedas applicablefor additionsand deductionto the contract:

EXTRA CREDIT1. Material (attach itemizedquantity and unit cost plus sales

tax)2. Labor (attach itemizedhoursand rates)3. Subtotal4. Subcontractor'soverheadand profit not to exceed 15%of

item35. PL and PO, Compensation Insurance, Social Security,

and UnemploymentTaxes, not to exceed 20% of Labor,Item2

6. Subtotal7. General Contractor's Overheadand Profit, not to exceed

15%of Item68. Subtotal9. BondPremiumnot to exceed1%of Item810. Total

If the Contractorshouldclaim that any instruction,request,drawing,specification,action, condition,omission, default, or other situation obligates the District to pay additional compensation to theContractoror to grant an extension of time for the completionof the contract, he shall notify theDistrict in writing, of such claim within ten (10) days from the date he has actual or constructivenoticeof the factual basis supportingthe claim. The Contractor'sfailure to notify the Districtwithinsuch ten (10) day period shall be deemed a waiver and relinquishmentof the claim against theDistrict. If such notice be given within the specified time, the procedurefor its considerationshallbe as statedabove in this article. If the Contractoris delayed in completingtheWork by reasonofany changemade pursuant to this Article, the time for completionof the wok shall be extended byChangeOrder for a periodcommensuratewith such delay. The Contractorshall not be subject toany claim for liquidateddamagesfor this period of time, but the Contractorshall have no claim forany other compensationfor any delay.

Changes in plans or specificationsshall be made by addenda or change orders approved by theOffice of the State Architecture as provided in §4-338 of Title 24 of the California Code ofRegulations.

Article33. RESOLUTIONOF CONSTRUCTIONCLAIMS.

Claimsby Contractorin the amount of $375,000 or less shall be made by Contractor andprocessed by District pursuant to the provisions of Part 3, Chapter 1, Article 1.5 of the PublicContractsCode (commencingat §20104.) All Claimsshall be in writingand includethe documentsnecessaryto substantiatethe claim. Nothing in Subdivision(a) of PublicContract code §20104.2shall extend the time limit or supersedethe notice requirementsprovided in this contract for filingclaimsby Contractor.

Article34. DEDUCTIONSFORUNCORRECTEDWORK.

If the Districtdeems it inexpedientto correctWork injuredor done not in accordancewith contract,an equitabledeductionfrom contractprice shall be made therefor.

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Article 35. PAYMENTS BY CONTRACTOR.

Contractor shall pay:

(c)

For all transportation and utility services not later than the 20th day of the calendar monthfollowing that in which such services are rendered.

For all materials, tools, and other expendable equipment to the extent of ninety percent(90%) of cost thereof, not later than the 20th day of the calendar month following that inwhich such materials, tools, and equipment are delivered at site of project and balance ofcost thereof not later than the 30th day following completion of that part of Work in or onwhich such materials, tools, and equipment are incorporated or used; and

To each of his subcontractors, not later than the 5th day following each payment toContractor; the respective amounts allowed Contractor on account of Work performed byrespective subcontractor to the extent of such subcontractor's interest therein.

(a)

(b)

Article 36. CONTRACTOR'S SUPERVISION.

Unless personally present on premises (including both the site and the plant) where Work is beingdone, Contractor shall keep on the Work site, during its progress, a competent ConstructionSuperintendent satisfactory to District. The Construction Superintendent shall not be changedexcept with consent of the District, unless the Construction Superintendent proves to beunsatisfactory to Contractor and ceases to be in his employ.

The Construction Superintendent shall represent Contractor in his absence, and all directionsgiven to him shall be so confirmed on written request in each case.

Contractor shall give efficient supervision to Work, using his best skill and attention. He shallcarefully study and compare all drawings, specifications and other instruction and shall at oncereport to Architect any error, inconsistency or omission which he may discover, but he shall not beliable to the District for any damage resulting from any errors or deficiencies or contract documentsor other instructions by Architect.

Article 37. WORKERS' COMPENSATION INSURANCE.

The Contractor shall provide, during the life of this contract, workers' compensation insurance forall of his employees engaged in Work under this contract, on or at the site of the project, and, incase any of his Work is sublet, the Contractor shall require the subcontractor similarly to provideworkers' compensation insurance for all the latter's employees. Any class of employee oremployees not covered by a subcontractor's insurance shall be covered by the Contractor'sinsurance. In case any class of employees engaged in Work under this contract, on or at the siteof the project, is not protected under the Workers' Compensation Statute, the Contractor shallprovide or shall cause a subcontractor to provide adequate insurance coverage for the protectionto such employees not otherwise protected. The Contractor shall file with the District certificates ofhis insurance protecting workers. Contractor is required to secure payment of compensation to hisemployees in accordance with the provisions of §3700 of the Labor Code.

Article 38. DOCUMENTS ON WORK SITE.

Contractor shall keep one copy of all contract documents, including addenda, change orders, Title24 of California Code of Regulations, and the Uniform Building Code, 1994 Edition (or later), with

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the State of California 1995 amendments (or later) which are part of contract documents, on thejob at all times. Said documents shall be kept in good order and available to Architect and hisrepresentatives. Contractorshall be acquaintedwith and complywith the provisionsof Title 24 asthey relate to this project. (See particularly the Duties of Contractor,Title 24, California Code ofRegulations§4-343.)

Article 39. UTILITIES.

All utilities, including, but not limited to, electricity,water, gas, and telephone, used on Work siteshall be furnished and paid for by Contractor. Contractor shall furnish and install necessarytemporarydistributionsystems, includingmeters, if necessary,from distributionpoints to points onsite where utility is necessary to carry on the Work. Upon completion of Work, Contractor shallremoveall temporarydistributionsystems.

If the contract is for addition to an existing facility, Contractormay, with written permissionof theDistrict, use the District's existing utilities by making prearranged payments to the District forutilitiesused by Contractorfor construction.

Article40. SANITARYFACILITIES.

The Contractor shall provide sanitary temporary toilet building{s)as directed by the inspector forthe use of all workmen. The building{s)shall be maintainedin a sanitaryconditionat all times andshall be left at the site until removal is directed by the inspector. Use of toilet facilities in Work siteunderconstructionshall not be permittedexcept by approvalof the inspector.

Article41. PROTECTIONOFWORKAND PROPERTY.

The Contractorshall be responsiblefor all damagesto personsor propertythat occur as a result ofhis fault or negligencein connectionwith the prosecutionof this contract and shall be responsiblefor the proper care and protectionof all materialsdeliveredand Work performeduntil completionand final acceptance by the District. All Work shall be solely at the Contractor's risk. He shalladequatelyprotect adjacent propertyfrom settlementor loss of lateral support as provided by lawand contract documents. Contractorshall take all necessaryprecautionsfor safety of employeeson the Work site and shall comply with all applicable safety laws and building codes to preventaccidentsor injury to personson, about, or adjacent to premiseswhereWork is being performed.He shall erect and Work, all necessary safeguards, signs, barriers, lights, and watchmen forprotectionof workersand the public and shall post danger signs warning against hazards createdby such features in the course of construction. He shall designate a responsiblemember of hisorganizationon the Work site whose duty shall be preventionof accidents. Nameand positionofpersonso deSignatedshall be reportedto the District.

In an emergencyaffectingsafety or life or of Work or site of adjoiningproperty,Contractor,withoutspecial instructionor authorizationfrom Architect or the District, is hereby permitted to act, at hisdiscretion, to prevent such threatened loss or injury, and he shall so act, without appeal, if soauthorizedor instructedby Architect or by the District. Any compensationclaimed by Contractoron accountof emergencyWork shall be determinedby agreement.

Contractorshall provide such heat, covering,and enclosuresas are necessaryto protect all Work,materials,equipment,appliances,and tools againstdamagebyweatherconditions.

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Contractor shall take adequate precautions to protect existing sidewalks, curbs, pavements,utilities, adjoining property and structures, and to avoid damage thereto, and repair any damagetheretocausedby constructionoperations.

Contractorshall (unless the requirementis waivedby the Inspector):

• Encloseworking areas with a substantial barricade, arrange Work to cause minimumamount of inconvenienceand danger to students and faculty in their regular schoolactivities,and performWork that may interferewith school routine beforeor after schoolhours. (This subsectionapplies to newconstructionon existingsites.)

• Providesubstantialbarricadesaroundany shrubsor trees indicatedto be preserved.

• Delivermaterialsto buildingarea over routedesignatedby Architect.

• When directedby the District, take preventivemeasuresto eliminateobjectionabledust.

• Confine the apparatus, the storage of materials, and the operation of his workmen tolimits indicated by law, ordinances, permits, or directions or Architect, and shall notunreasonablyencumber premiseswith his material, and enforce all instructionsof theDistrict and Architect regarding signs, advertisingfires, danger signals, barricades,andsmoking, and require that all persons employed on project comply with all regulationswhile on constructionsite.

• Take care to prevent disturbing or covering any survey markers, monuments,or otherdevices marking property boundaries or comers. If such markers are disturbed byaccident,they shall be replacedby an approvedcivil engineerat no cost to the District.

Article 42. LAYOUTAND FIELDENGINEERING.

All field engineering required for laying out this Work and establishing grades for earthworkoperations shall be furnished by the Contractor at his expense. Such Work shall be done by aqualified civil engineer approved by the Architect. Any required "As-Built" drawings of sitedevelopmentshall be preparedby the approvedcivil engineer.

Article 43. CUTTINGAND PATCHING.

Contractor shall do all cutting, fitting, or patching of Work as required to make its several partscome together properly and fit it to receive or be received by Work of other Contractors showingupon, or reasonably implied by, the drawings and specificationsfor the completed structure, andhe shallmakegood after themas Architectmaydirect.

All cost causedby defectiveor ill-timedWork shall be borne by party responsibletherefor.

Contractor shall not endanger any Work by cutting, excavating, or otherwise altering Work andshall not cut or alterWork of any other Contractorsavewith consentof Architect.

Article 44. CLEANINGUP.

Contractorat all times shall keep premises free from debris such as waste, rubbish, and excessmaterialsand equipmentcausedby thisWork; debris under, in, or about the premises. Upon

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completion of Work, he shall clean interior and exterior of building including fixtures, equipment,walls, floors, ceilings, roofs, window sills and ledges, horizontal projections,and any areas wheredebris has collectedso surfacesare free from foreign materialor discoloration;he shall clean andpolish all glass, plumbingfixtures, and finish hardwareand similar finish surfaces and equipmentand remove temporary fencing, barricades, planning trailer, and construction toilet and similartemporaryfacilities from site.

Article45. CORRECTIONOFWORKBEFOREFINALPAYMENT.

Contractorshall promptly remove from premisesall Work condemnedby the District as failing toconform to the contract, whether incorporatedor not. Contractor shall promptly replace and reexecute his own Work to comply with the contract documentswithout additional expense to thedistrict and shall bear the expense of making good all Work of other Contractors destroyed ordamagedby such removalor replacement.

If Contractordoes not remove such condemnedWork within a reasonable time, fixed by writtennotice,the Districtmay removeit andmay store the materialat Contractor'sexpense. If Contractordoes not pay expensesof such removalwithin ten (10) days time thereafter,the Districtmay, uponten (10) days written notice, sell such materials at auctionor at private sale and shall account fornet proceeds thereof, after deducting all costs and expenses that should have been borne byContractor.

Article46. ACCESSTOWORK.

Districtand its representativesshall at all times have access to Work wherever it is in preparationor progress.

Contractorshall provide safe and proper facilities for such access so that District representativesmayperformtheir functionsundercontract.

Article47. OCCUPANCY.

District reserves the right to occupy buildingsat any time before completion,and such occupancyshall not constitutefinal acceptanceof any part of Work coveredby this contract.

Article48. DISTRICT'SINSPECTOR.

One or more inspectors employed by district in accordancewith requirementsof Title 24 of theCaliforniaCode of Regulationswill be assigned to the Work. His duties are specificallydefined in§4-342to Title 24.

All Work shall be underobservationof said inspector. He shall have free access to any or all partsof Work at any time. Contractor shall furnish inspector reasonable facilities for obtaining suchinformationas may be necessaryto keep him fully informed, respectingprogress and manner ofWork and character of materials. Inspection of Work shall not relieve Contractor from anyobligationto fulfill this contract. Inspectoror Architect shall have authority to stopWork wheneverprovisionsof the contract documentsare not being compliedwith, and Contractorshall instruct hisemployeesaccordingly.

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GeneralConditions(Cont'd)

Article 49. SUBSURFACECONDITIONS.

IfWork under this Contract involvesdigging trenchesor other excavationsthat extenddeeper thanfour feet below the surface, the Contractor shall promptly,and before the following conditions aredisturbed,notify the District, inwriting, of any:

(a) Materialthat the Contractorbelievesmay be materialthat is hazardouswaste, as defined in§25117of the Healthand SafetyCode, that is requiredto be removedto a Class I, Class II,or Class III disposalsite in accordancewith provisionsof existing law.

(b) Subsurfaceor latent physicalconditionsat the site differingfrom those indicated.

(c) Unknown physical conditions at the site of any unusual nature, different materially fromthose ordinarily encountered and generally recognized as inherent in the Work of thecharacterprovidedfor in the contract.

If, in the District's opinion, any change is required for performanceof extra Work not covered bythis Contract,the Districtmay order suchchangeunder the provisionsof Article 32 herein.

In accordance with Public Contracts Code §7104, any dispute arising between Contractor andDistrict as to any of the conditions listed in (a), (b) or (c) above, or with respect to Article 32 of thisContract, shall not excuse the Contractorfrom the completiondate required by this Contract andthe Contractorshall proceedwith all Work to be performedunderthis contract.

In addition, the District reservesthe right to terminatethis contractshouldthe Districtdeterminenotto proceed because of any condition described in (a), (b) or (c) above. Contractor shall receivepaymentfor allWork performedto the date of termination.

Article 50. TESTSAND INSPECTIONS.

If the contract, District's instructions,laws, ordinances,or any public authority require any Work tobe specially tested or approved, Contractor shall give notice in accordancewith such authority ofits readiness for observationor inspection at least two (2) working days prior to being tested orcovered up. If inspection is by authority other than District, Contractorshall inform the District ofthe date fixed for such inspection. Required certificates of inspection shall be secured byContractor. Observationsby District shall be promptlymade, and where practicableat source ofsupply. If any Work should be covered up without approval or consent of District, it must, ifrequired by the District, be uncovered for examination and satisfactorily reconstructed atContractor's expense in compliance with the contract. Costs of tests, inspections and anymaterials found to be not in compliancewith the contract shall be paid for by Contractor. Othercosts for tests and inspectionof materialsshall be paidby the District.

The District,with the approvalof the architector registeredengineer,shall select a qualified personor testing laboratoryas the testing agency to conduct the test, and all tests shall be conducted inconformancewith §4-335of Title 24 of the CaliforniaCodeof Regulations.

Where such inspection and testng are to be conductedby an independent laboratoryor agency,such materials or sampling of materials to be tested shall be selected by such laboratory oragency,or District's representative,and not by Contractor.

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Contractor shall notify District a sufficient time in advance of the manufactureof materials to besuppliedby him under the contract,whichmust, by terms of contract,be tested in order that Districtmayarrangefor testing of sameat the sourceof supply. Any materialsshippedby Contractorfromthe source of supply prior to having satisfactorily passed such testing and inspection,or prior toreceiptof noticefrom said representativethat such testingand inspectionwill not be required,shallnot be incorporated in Work without prior approval of District and subsequent testing andinspection.Re-examinationof questionedWork may be ordered by District, and if so ordered,Work must beuncoveredby Contractor. If suchWork be found in accordancewith contract documents, Districtshall pay costs of reexaminationand replacement. If suchWork be found not in accordancewithcontractdocuments,Contractorshall pay suchcosts.

Article 51. SOILS INVESTIGATIONREPORT.

When a soils investigationreport obtainedfrom test holes at the site is available,such report shallnot be a part of this contract. Any informationobtainedfrom such report,or any informationgivenon drawings as to subsurface soil condition or to elevations of existing grades or elevations ofunderlyingrock, is approximateonly, is not guaranteed,and does not form a part of the contract.Contractor is required to make a visual examination of site and must make whatever tests hedeems appropriate to determine underground condition of soil. No claims for allowances ordamagesbecauseof Contract's negligencein acquaintinghimself or herselfwith the conditionsofthe site as describedhereinwill be recognized.

Article 52. ARCHITECT'SSTATUS.

The Architect shall be the District's representativeduring the construction period, and he shallobserve the progressand quality of the Work on behalf of District. He shall have authority to acton behalf of Districtonly to the extentexpresslyprovidedin the contractdocuments. He shall havethe authority to stopWork whenever such stoppagemay be necessary,in his reasonableopinion,to ensurethe properexecutionof the contract.

The Architect shall be, in the first instance,the judge of the performanceof this contract. He shallside neitherwith the District nor with the Contractor,but shall use his powersunder the contract toenforce its faithful performanceby both.

The Architect shall have all responsibility and power established by law, including Title 24 ofCaliforniaCodeof Regulations.

Article 53. ARCHITECT'SDECISION.

TheArchitect, shall,within a reasonabletime, makedecisionson all claimsof Districtor Contractorand on all othermatters relatingto the executionand progressof theWork.

Article 54. MATERIALSANDWORK.

Except as otherwise specifically stated in this contract, Contractor shall provide and pay for allmaterials, labor, tools, equipment,water, light, power, transportation,superintendence,temporaryconstructions of every nature, and all other services and facilities of every nature whatsoevernecessaryto executeand completethis contractwithin the specifiedtime.

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Unless otherwise specified, all materials shall be new and the best of their respective kinds andgradesas notedand/or specified,andworkmanshipshall be of good quality.

Materials shall be furnished in ample quantities and at such times as to ensure uninterruptedprogress of Work and shall be stored properly and protected as required. Contractor shall beentirely responsiblefor damageor loss by weatheror other causes to materialsor Work under thiscontract.No materials, supplies, or equipment for Work under this contract shall be purchased subject toany chattel mortgage,or undera conditionalsale or other agreementby which an interest therein,or in any part thereof, is retainedby seller or supplier. Contractorwarrantsgood title to all material,suppliesand equipment installedor incorporatedin Work and agrees upon completionof all Workto deliver premises, together with all improvement sand appurtenances constructed or placedthereon by him, to district free from any claim, liens or charges. He further agrees that neither henor any person, firm or corporationfurnishingany materialsor labor for any Work covered by thiscontract shall have any right to lien upon premises or any improvements or appurtenancesthereon, except that Contractor may install metering devices or other equipment of utilitycompanies or of political subdivisions, title to which is commonly retained by utility company orpolitical subdivision. In event of installationof any such meteringdevice or equipment,Contractorshall advise district as to owner thereof. Nothingcontained in this article, however,shall defeat orimpair right of persons furnishing material or labor under any bond given by Contractor for theirprotection,or any rights under any law permittingsuch persons to look to funds due Contractor inhandsof District,and this provisionshall be inserted in all subcontractsand material contracts,andnotice of its provisionsshall be given to all persons furnishing material for Work when no formalcontract is enteredinto for suchmaterials.

Contractor shall, after signing the agreement with the District, place orders for materials and/orequipment as specified so that delivery of same may be made without delays to the Work.Contractor shall, upon demand from the Architect, furnish to the Architect documentaryevidenceshowingthe orders havebeenplaced.

District reserves the right, for any neglect in not complyingwith the above instructions, to placeorders for such materialsand/or equipmentas it may deem advisable in order that the Work maybe completedat the specific date mentionedin the agreement,and all expenses incidental to theprocuringof saidmaterialsand/or equipmentshall be paidfor by the Contractor.

Materialsshall be stored on the premises in suchmanner so as not to interferewith the Work andso that no portionof the structureshall be overloaded.

Materials or Work required or necessary to be tested shall be tested under supervision of, asdirected by, and at such placesas may be convenientto the Architect. The requiredtesting of allstructuralmaterialsshall be done by an approvedTesting Laboratory.

Article 55. SUBSTITUTIONS.

Whenever in specificationsany materials, process, or article is indicated or specified by grade,patent, or proprietaryname or by name of manufacture,such specificationshall be deemed to beused for the purpose of facilitating descriptionof materiel. process or article desired and shall bedeemedto be followedby the words "or equal,"and Contractor,may, unlessotherwisestated, offerany material, processor article which shall be substantiallyequal or better in every respect to thatso indicatedor specified. If material, processor article offered by Contractor is not, in opinion ofArchitect, substantiallyequal or better in every respectto that specified,then Contractorshall

45


furnish material, process or article specified. Burden of proof as to equality of any material,processor article restwith Contractor. Contractorshall submit requesttogetherwith substantiatingdata for substitution of any "or equal" item within thirty-five (35) days after award of contract.Provisionauthorizing submissionof "or equal" justification data shall not in any way authorize anextensionof time for performanceof this contract.

In event Contractor furnished material, process or article is more expensive than that specified,differencein cost of suchmaterial,processor articleso furnishedshall be borneby Contractor.

Article 56. SUBCONTRACTING.

(a) Contractoragrees to bind every subcontractorby termsof the contractas far as such termsare applicable to subcontractor'sWork. If Contractor shall subcontract any part of thiscontract,Contractorshall be as fully responsibleto the District for acts and omissionsof hissubcontractorand of personseither directly or indirectlyemployedby his subcontractor,ashe is for acts and omissionsof personsdirectly employedby his himself. Nothingcontainedin contractdocumentsshall createany contractualrelationsbetweenany subcontractorandthe District.

(b) District's consent to or approval of any subcontractorunder this contract shall not in anyway relieve Contractor of his obligations under this contract and no such consent orapprovalshall be deemedto waive any provisionsof this contract.

(c) Substitution or addition of subcontractors shall be permitted only as authorized in the"Subletting and Subcontracting Fair Practices Act," commencing at §4100 of the PublicContractCode.

(d) All Subcontractorsshall be properly licensed by the California State LicensingBoard. Allsubcontractors(of any tier) performingany portionof the Work must complywith the LaborCode §§1725.5 and 1771.1 and must be properly and currently registered with theCaliforniaDepartmentof IndustrialRelationsand qualifiedto performpublicworks pursuantto Labor Code §1725.5 throughout the duration of the Project. No portion of the Work ispermitted to be performed by a subcontractor of any tier unless the subcontractor isproperly registeredwith DIR. Any subcontractorsof any tier not properly registeredwithDIR shall be substitutedin accordancewith LaborCode§1771.1.

Pursuantto the provisionsof Article 2 (commencingat §1770),Chapter 1, Part 7, Division2 of theLabor code of California,the District has obtainedfrom the Directorof the Departmentof IndustrialRelations the general prevailing rate of per diem wages and the prevailing rate for holiday andovertimeWork in the locality in which the Work is to be performedfor each craft, classificationortype of worker needed to execute the contract. Holidays shall be as defined in the collectivebargainingagreementapplicableto each particularcraft, classificationor type of worker employedunderthe contract.

Article 57. WAGERATES.

Per diem wages shall be deemed to includeemployer paymentsfor health and welfare, pensions,vacation, travel time and subsistencepay as provided in §1773.8 of the California Labor Code,apprenticeshipor other training programsauthorizedby §3093 of the California Labor Code, andsimilar purposeswhen the term "perdiemwages" is usedherein.

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If during the period this bid is required to remain open, the Director of Industrial Relationsdeterminesthat there has been a change in any prevailingrate of per diemwages in the locality inwhich the Work under the contract is to be performed,he shall make the change available to theDistrict,but the changeshall not affect the Requestfor bids or the contract subsequentlyawarded.

Holidayand overtimeWork, when permittedby law, shall be paid for at the rate of at least one andone-half (1-1/2) times the abovespecifiedrate of per diemwages, unlessotherwisespecified.

There shall be paid each worker of the Contractor,or any of his subcontractorsengaged in Workon the project, not less than the general prevailing wage rate, regardless of any contractualrelationshipwhich may be alleged to exist between the Contractoror any subcontractorand suchworker.

The Contractor shall, as a penalty to the District, forfeit an amount as determined by the LaborCommissionerpursuant to Labor Code §1775 for each calendar day, or portion thereof, for eachworker paid less than the prevailing rates as determinedby the director for suchWork or craft inwhich such worker is employed for any public Work done under the contract by him or by anysubcontractorunder him. The differencebetweensuch prevailingwage rates and the amount paidto eachworker for each calendarday, or portion thereof, for which eachworker was paid less thanthe prevailingwage rate, shall be paid to eachworker by the Contractor.

Contractor shall post, at appropriate conspicuous points on the site of the project, a scheduleshowingall detenninedgeneral prevailingwage rates.

Article 58. RECORDOFWAGESPAID: INSPECTION.

Pursuantto §1776of the laborcode,

(a) Each Contractor and subcontractor shall keep an accurate payroll record, showing thename, address, social security number, Work classification, straight time and overtimehoursworkedeach day and week and the actual per diemwages paid to eachjourneyman,apprentice,worker, or other employeeemployedby him or her in connectionwith the publicWork underthis contract.

All payroll records as specified in Labor Code §1776 of the Contractor and allSubcontractors shall be certified and furnished directly to the Labor Commissioner inaccordance with Labor Code §1771.4(a)(3) on a monthly basis (or more frequently ifrequiredby the Districtor the LaborCommissioner)and in a format prescribedby the LaborCommissioner.

(b) The payroll records enumerated under subdivision (a) shall be certified and shall beavailable for inspectionat all reasonablehours at the princlpel office of the Contractor onthe followingbasis:

(1) A certified copy of an employee's payroll record shall be made available forinspectionor furnished to such employeeor his or her authorized representativeonrequest.

(2) A certified copy of all payroll records enumerated in subdivision (a) shall be madeavailablefor inspectionor furnishedupon request to a representativeof the District,

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the Division of Labor Standards Enforcement and the Division of ApprenticeshipStandardsof the Departmentof IndustrialRelations.

(3) A certified copy of all payroll records enumerated in subdivision (a) shall be madeavailableupon request by the public for inspectionor copies thereof made: provided,however, that a request by the public shall be made through either the District, theDivision of Apprenticeship Standards, or the Division of Labor StandardsEnforcement. If the requestedpayroll records have not been provided pursuant toparagraph 92), the requesting party shall, prior to being provided the records,reimbursethe costs of preparationby the Contractor,subcontractors,and the entitythroughwhich the requestwas made. The public shall not be given access to suchrecordsat the principaloffice of the Contractor.

(c) EachContractorshall file a certified copy of the recordsenumeratedin subdivision(a) withthe entity that requestedsuch recordswithin ten (10) daysafter receiptof a written request.

(d) Any copy of recordsmadeavailable for inspectionas copies and furnished upon request tothe public or any public agency by the district, the Divisionof ApprenticeshipStandardsorthe Division of Labor Standards Enforcement shall be marked or obliterated in such amanner as to prevent disclosure of an individual's name, address and social securitynumber. The name and address of the Contractorawarded the contract or performingthecontractshall not be markedor obliterated.

(e) The Contractor shall inform the District of the location of the records enumerated undersubdivision (a), including the street address, city and county, and shall, within five (5)workingdays, providea noticeof changeof locationand address.

(f) In the event of noncompliancewith the requirementsof this section, the Contractor shallhave ten (10) days in which to comply subsequentto receipt of written notice specifying inwhat respectsthe Contractormust complywith this section. Should noncompliancestill beevidentafter such 10-dayperiod, the Contractorshall pay a penalty of Twenty-FiveDollars($25.00)to the Districtfor each calendarday, or portionthereof, for eachworker, until strictcomplianceis effectuated. Uponthe requestof the Divisionof ApprenticeshipStandardsorthe Division of Labor Standards Enforcement, such penalties shall be withheld fromprogresspaymentsthendue.

(g) The responsibilityfor compliancewith this Article shall rest uponthe primeContractor.

Article 59. HOURSOFWORK.

As provided in Article 3 (commencingat §810), Chapter 1, Part 7, Division 2 of the Labor Code,eight (8) hours of labor shall constitute a legal days Work. The time of service of any workeremployed at any time by the Contractor or by any subcontractoron any subcontract under thiscontract,upon theWork or uponany part of the Work contemplatedby this contract, is limitedandrestricted to eight (8) hours during anyone calendar day and forty (40) hours during anyonecalendar week, except as hereinafter provided. Notwithstandingthe provisions hereinabove setforth, Work performedby employeesof Contractors in excessof eight (8) hours per day and forty(40) hours during anyone week, shall be permittedupon this publicWork upon compensationforall hours worked in excess of eight (8) hours per day at not less than one and one-half (1-1/2)times the basic rate of pay.

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The Contractorshall pay to the District a penalty of Twenty-FiveDollars ($25.00) for each workeremployed in the execution of this contract by the Contractor or by any subcontractor, for eachcalendarday duringwhich suchworker is requiredor permittedto Work more than eight (8) hoursin any calendarday and forty (40) hours in anyone calendarweek, in violationof the provisionsofArticle 3, (commencing at §1810), Chapter 1, Part 7, Division 2 of the Labor Code, unlesscompensationto the worker so employed by the Contractor is not less than one and one-half (1-1/2) times the basic rate of pay for all hoursworked in excessof eight (8) hours per day.

Any Work necessaryto be performedafter regularworking hours or on Sundaysor other holidaysshall be performedwithout additionalexpenseto the District.

Article60. APPRENTICES.

All apprenticesemployed by Contractor to perform services under the contract shall be paid thestandardwage paid to apprenticesunder the regulationsof the craft or trade at which he or she isemployed, and shall be employed only at the Work of the craft or trade to which he or she isregistered. Only apprentices, as defined in Labor Code §3077, who are in training underapprenticeshipstandards and written apprenticeshipagreements under Chapter 4 (commencingwith §3070) of Division 3, are eligible to be employed under this contract. The employmentandtraining of each apprentice shall be in accordance with the apprenticeship standards andapprenticeshipagreementsunderwhich he or she is training.

When the Contractorto whom the contract is awarded by the District or any subcontractorunderhim or her, in performingany of theWork under the contractor subcontract,employeesworkers inany apprenticeable craft or trade, the Contractor and subcontractor shall apply to the JointApprenticeshipCommittee administeringthe apprenticeshipstandards of the craft or trade in theareaof the site of the publicWork, for a certificateapprovingthe Contractoror subcontractorunderthe apprenticeshipstandardsfor the employmentand trainingof apprenticesin the area or industryaffected. However,approvalas establishedby the Joint ApprenticeshipCommitteeor Committeesshall be subject to the approval of the Administratorof Apprenticeship. The Joint ApprenticeshipCommitteeor Committees,subsequentto approvingthe subjectContractoror subcontractor,shallarrange for the dispatch of apprenticesto the Contractoror subcontractor in order to comply with§1777.5 of the Labor code. Every Contractor and subcontractor shall submit contract awardinformation to the applicable joint apprenticeship committee which shall include an estimate ofjourneyman hours to be performedunder the contract, the numberof apprenticesto be employed,and the approximatedates the apprenticeswill be employed. There shall be an affirmative dutyupon the Joint Apprenticeship Committee or Committees, administering the apprenticeshipstandards of the craft or trade in the area of the site of the public Work, to ensure equalemployment and affirmative action in apprenticeship for women and minorities. Contractors orsubcontractorsshall not be required to submit individual applications for approval to local JointApprenticeship Committees provided they are already covered by the local apprenticeshipstandards. The ratio of Work performedby apprenticesto journeymen,who shall be employed inthe craft or trade on the publicWork, may be the ratio stipulated in the apprenticeshipstandardsunder which the Joint ApprenticeshipCommittee operates, but in no case shall the ratio be lessthan one hour of apprenticesWork for each five hoursof labor performedby a journeyman, exceptas otherwise provided in §1777.5 of the Labor Code. However, the minimum ratio for the landsurveyorclassificationshall not be less than one apprenticefor each five journeymen.

Any ratio shall apply during any day or portion of a day when any journeyman, or the higherstandard stipulatedby the joint apprenticeshipcommittee, is employedat the job site and shall becomputedbasedon the hoursworkedduring the day byjourneymenso employed,except for the

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land surveyor classification. The Contractor shall employ apprentices for the number of hourscomputedas above beforethe end of the contract. However,the Contractorshall endeavor, to thegreatestextent possible,to employapprenticesduring the same time periodthat the journeymen inthe same craft or trade are employedat the job site. Where an hourly apprenticeshipratio is notfeasiblefor a particularcraft or trade, the Divisionof ApprenticeshipStandards,uponapplicationofa joint apprenticeshipcommittee,may order a minimum ration of not less than one apprenticeforeachfive journeymen in a craft or trade classification.

The Contractoror subcontractor, if he or she is covered by this Article and Labor Code §1777.5,upon the issuanceof the approval certificate,or if he or she has been previouslyapproved in thecraft or trade, shall employ the number of apprenticesor the ratio of apprentices to journeymenstipulatedin the apprenticeshipstandards. Uponproper showingby the Contractorthat he or sheemploysapprentices in the craft or trade in the State on all of his or her contracts on an annualaverageof not less than one hour of apprenticeWork for every five hours of labor performedby ajourneyman, or in the land surveyor classification,one apprentice for each five journeyman, theDivisionof ApprenticeshipStandardsmay grant a certificateexemptingthe Contractorfrom the 1-to-5 hourly ratio as set forth in this Article and said §1777.5. The section shall not apply tocontracts of general Contractors or to contracts of specialty Contractors not bidding for Workthrough a general or prime Contractor, when the contracts of general Contractors or thosespecialty Contractors involve less than Thirty Thousand Dollars ($30,000.00) or twenty (20)working days. Any Work performedby a journeyman in excess of eight (8) hours per day or 40hours per week, shall not be used to calculate the hourly ratio required by §1777.5."Apprenticeable craft or trade," as used in §1777.5 and this Article, mean a craft or tradedeterminedas an apprenticeableoccupation in accordancewith rules and regulationsprescribedby the Apprenticeshipcouncil. The Joint ApprenticeshipCommittee shall have the discretion togrant a certificate, which shall be subject to the approval of the Administratorof Apprenticeship,exemptinga Contractorfrom the 1-to-5 ratio set forth in §1777.5and this Article when it finds thatanyone of the followingconditionsis met:

(a) Unemploymentfor the previous three-month period exceeds an average of 15 percent(15%).

(b) The numberof apprenticesin training in sucharea exceedsa ratio of 1-to-5.

(c) There is a showing that the apprenticeablecraft or trade is replacing at least one-thirtieth(1/30) of its journeymen annually through apprenticeship training, either on a statewidebasis,or on a local basis.

(d) Assignment of an apprentice to any Work performedunder a public works contract wouldcreate a condition which would jeopardize his or her life or the life, safety or property offellow employeesor the publicat large,or if the specifictask to which the apprenticeis to beassignedis of sucha naturethat trainingcannotbe providedby a journeyman.

When exemptionsare granted to an organizationwhich representsContractors in a specific tradefrom the 1-to-5 ratio on a local or statewidebasis, the memberContractorswill not be required tosubmit individualapplicationsfor approval to local Joint ApprenticeshipCommittees,providedtheyare alreadycoveredby the local apprenticeshipstandards.

A Contractor to whom the contract is awarded or any subcontractor under him or her, who, inperforming any of the Work under the contract employs journeymen or apprentices in anyapprenticeablecraft or tradeand who is not contributingto a fund or funds to administerand

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conductthe apprenticeshipprogram in any craft or trade in the are of the site of the publicWork, towhich fund or funds other Contractors in the area of the site of the public Work are contributing,shall contributeto the fund or funds in each craft or trade in which he or she employsjourneymenor apprenticeson the public Work in the same amount or upon the same basis and in the samemanner as the other Contractorsdo, but where the trust fund administratorsare unable to acceptthe funds, Contractorsnot signatoryto the trust agreementshall pay a like amount to the CaliforniaApprenticeshipCouncil. The Contractoror subcontractormay add the amount of the contributionsin computing his or her bid for the contract. The Division of Labor Standards Enforcement isauthorized to enforce the payment of the contributionsto the fund or funds as set forth in laborCode§227.

The responsibilityof compliancewith labor Code §1777.5 and this Article for all apprenticeableoccupationsis with the primeContractor.

All decisionsof the Joint ApprenticeshipCommitteeunder this Article and LaborCode§1777.5aresubjectto LaborCode§3081.

It shall be unlawful for an employer or a labor union to refuse to accept otherwise qualifiedemployeesas registeredapprenticeson any public works on the grounds of race, religiOUScreed,color, nationalorigin, ancestry,sex or age (exceptas providedin §3077of the LaborCode)of suchemployee.

Pursuant to labor Code §1777.7, in the event the Contractor willfully fails to comply with theprovisionsof this articleand §1777.5of the LaborCode, suchContractorshall:

(a) Be denied the right to bid on any publicworks contractfor a periodof one (1) year from thedate the determinationof noncomplianceis made by the Administrator of Apprenticeship;and

(b) Forfeit, as a civil penalty, in the sum of Fifty Dollars ($50.00) for each calendar day ofnoncompliance. Notwithstandingthe provisionsof §1727of the Labor code, upon receiptofsuch a determination,the District shall withhold from contract progresspaymentsthen dueor to be comedue such sum.

Any such determinationshall be issued after a full investigation,a fair and impartial hearing, andreasonablenotice thereof in accordancewith reasonablerules and proceduresprescribedby theCaliforniaApprenticeshipCouncil.

Any funds withheld by the District pursuant to this Article and §17775 of the Labor Code shall bedepositedin the GeneralFundof the District.

The interpretation and enforcement of §1777.5 and §1777.7 of the Labor code shall be inaccordancewith the rulesand proceduresof the CaliforniaApprenticeshipCouncil.

Article 61. ASSIGNMENTOFANTITRUSTCLAIMS.

Pursuant to §4550 et seq. Of the GovernmentCode, in submitting a bid to a pub~cpurchasingbody, the Bidderoffers and agrees that if the bid is accepted, it will assign to the purchasingbodyall rights, title, and interest in and to all causes of action it may have under §4 of the ClaytonAct(15 U.S.C. §15) or under the Cartwright Act (Chapter 2 [commencingwith §16700] of Part 2 ofDivision7 of the Businessand ProfessionsCode), arisingfrom purchasesof goods,materials,or

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servicesby the Bidder for sale to the purchasingbody pursuantto the bid. Such assignmentshallbe made and become effective at the time the purchasing body tenders final payment to theBidder.

If the District receives,either throughjudgment or settlement,a monetary recoveryfor a cause ofaction assigned under Chapter 11 (commencing with §4550) of Division 5 of Title 1 of theGovernmentCode, the assignor shall be entitled to receive reimbursementfor actual legal costsincurred and may, upon demand, recover from the District any portion of the recovery, includingtriple damages,attributableto overchargesthat were paid by the assignor but were not paid by theDistrictas part of the bid price, less the expensesincurredin obtainingthat portionof the recovery.

Upon demand in writing by the assignor, the District shall, within one year from such demand,reassignthe cause of actionassignedpursuantto this article if the assignorhas beenor may havebeen injuredby the violationof law for which the causeof actionarose; and (a) the District has notbeen injuredthereby;or (b) the Districtdeclinesto file a court action for the causeof action.

Article62. TERMINATION.

Noticeof Intent to Terminate:Groundsfor Termination. The District may, without prejudice to anyother right or remedy, serve written notice upon the Contractor and its Surety of the District'sintentionto terminate the Agreement, specifyingthe reasonsfor such intention to terminate, if anyof the following conditionsoccur: (a) the Contractor refuses or fails to complete the Work or anyseparablepart thereofwith such diligenceas will ensure its completionwithin the time specifiedorany extension thereof; (b) the Contractor fails to complete the Work within such time; (c) theContractorfiles a petitionfor relief as a debtor; (d) the Contractorrefusesor fails to supply enoughproperly skilled workers or proper materials to complete the Work in the time specified; (e) theContractorfails to makepromptpaymentto Subcontractorsfor materialsor labor; (f) the Contractordisregards Applicable Laws or instructions of the District; (g) the Contractor or any of itsSubcontractorsis otherwiseguilty of a violationof any provisionof theAgreement.

Terminationof Agreement. The Agreementwill terminate ten (10) days after the District'sdeliveryto the Contractor of a notice pursuant to Article 62 above unless, within ten (10) days after thedelivery of such notice, the condition specified in the notice as grounds for the termination shallcease or arrangementssatisfactory to the District for the correction thereof are made. In suchcase, the Contractorshall not be entitled to receiveany further paymentuntil the Work is finishedto District'ssatisfaction.

Notice of Termination; Completion of Work by District or Surety. In the event of any terminationunderthis Article 62, the District shall deliverwritten notice thereof to the Contractorand its Surety.The Surety shall thereafter have the right to take over and perform the Agreement,but only if both(a) the Surety delivers written notice, within seven (7) days after delivery of the District'sterminationnotice, of the Surety's intention to take over and perform the Agreement, and (b) theSuretyactually commencesperformanceof the Agreementwithin fifteen (15) days after deliveryofthe District'sterminationnotice. If the Surety does not take over and performthe Agreement,thenthe Districtmay take over theWork and prosecutesame to completionby any method it may deemadvisablefor the account and at the expenseof the Contractor,and the Contractorand its Suretyshall be liable to the Districtfor any excesscost or other damagesincurredby the District thereby.

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Payments Withheld. If the District tenninates the Contract for one of the reasonsstated in Article62, the Contractorshall not be entitled to receivefurther paymentuntil theWork is complete.

Tenninationfor Convenience. Districtmay tenninate the Contractuponfifteen (15) calendardaysof written notice to the Contractor, if it is found that reasonsbeyondthe control of either the Districtor Contractormake it impossibleor against the District's interest to complete the Work. In such acase, the Contractorshall have no claims against the District except: (1) the actual cost for labor,materials, and services perfonned which may be documented through timesheets, invoices,receipts, or otherwise, and (2) ten percent (10%) profit and overhead, and (3) five percent (5%)tennination cost of the total of items (1) and (2).

Article 63. PROVISIONSREQUIREDBY LAWDEEMEDINSERTED.

Eachand every provisionof law and clause requiredby law to be inserted in this contract shall bedeemed to be inserted herein and the contract shall be read and enforced as though it wereincluded herein, and if through mistake, or otherwise, any such provision is not inserted or if notcorrectly inserted, then upon application of either party, the contract shall forthwith be physicallyamendedto makesuch insertionor correction.

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SUPPLEMENTARY GENERAL CONDITIONS

A. The Work shall commence on the date stated in the District's Notice to Proceed (NTP) tothe Contractor (said date will not be more than ten (10) consecutive calendar days fromand after the date of execution of the contract) and shall be completed within sixty (60)consecutive calendar days from and after the date stated in such notice. (See Article 2of the Agreement and Article 6 of the General Conditions.)

B. The agreed liquidated damages provision established in Article 6 of the General Conditionsis five hundred dollars and no/100 ($500.00) per day.

C. The number of copies of drawings and speCifications to be furnished to Contractor free ofcharge, per Article 3 of General Conditions is one (1).

D. INSURANCE: As provided in the General Conditions, Contractor shall take out andmaintain and shall require all subcontractors, if any whether primary or secondary, to takeout and maintain:

General Liability: $1,000,000 per occurrence $2,000,000 aggregate limit for bodily injury,personal injury and property damage.

Automobile Liability: $1,000,000 per accident for bodily injury and property damage.

Insurance Covering Special Hazards: Shall be covered by rider or riders to the abovementioned general liability insurance policy or policies of insurance, or by special polices ofinsurance, as required by the District, in amounts as specified.

E. The number of executed copies of the Agreement, the Performance Bond, and thePayment Bond required is three (3).

G TOBACCO-FREE SCHOOLSIt is prohibited to use tobacco products at any time in district-owned or leased buildings, oron district property. Prohibited products include any product containing tobacco or nicotine,including, but not limited to cigarettes, cigars, miniature cigars, smokeless tobacco, snuff,chew, clove cigarettes, betel, and nicotine delivery devices such as electronic cigarettes.Long Beach Unified School District Policy No. 3513.3.

F. BOND REQUIREMENTS:1. Bidders Bond (Security) to be 10% of amount bid.2. Payment Bond (Labor and Material) to be 100% of amount bid.3. Performance Bond to be 100% of amount bid.

H MANDATORY.JOBWALK:Contractor(s) are to meet at the Purchasing and Contracts Branch:

1. LOCATION: 2201 E. Market St.Long Beach, CA 90805

June 14, 2016

9:00 a.m.2.

3.

DATE:

TIME:54

I. CONTRACTOR RESPONSIBILITIES:Contractor to be responsible for all measurements for any and all work requested in this bid.

J. HAZARDOUSMATERIALS:In the event the Contractor encounters or suspects the presence on the job site of materialreasonably believed to be asbestos, polychlorinated biphenyl (PCB), or any other materialdefined as being hazardous by §25249.5 of the California Health and Safety Code, whichhas not been rendered harmless, the Contractor shall immediately stop Work in the areaaffected and report the condition to the District in writing, whether or not such material wasgenerated by the Contractor or the District. The Work in the affected area shall notthereafter be resumed, except by written agreement of the District and the Contractor, if infact the material is asbestos, polychlorinated biphenyl (PCB), or other hazardous material,and has not been rendered harmless. The Work in the affected area shall be resumedonly in the absence of asbestos, polychlorinated biphenyl (PCB), or other hazardousmaterial, or when it has been rendered harmless by written agreement of the District andthe Contractor.

K. CONTRACTOR DOCUMENTS:Successful Contractor shall not start work until all contract documents have been receivedby District, AND the Notice to Proceed has been issued. All agreements, bonds, andinsurance certificates must be submitted to the District within ten (10) calendar days ofwritten request.

L. FINGERPRINTING:The District requires that the Contractor will be required to comply with Education CodeSection 45125.2

M. PRINTS:GO.OO- TitleA1.01 - Reflected Ceiling PlansA2.01 - Ceiling and Skylight PhotosA5.01 - Building Section and DetailsA6.01 - SpeCifications

N. AWARD:The contract is to be awarded to the lowest responsible, responsive bidder.

O. BID INFORMATION:Questions concerning Bid No. 02-1617 are to be e-mailed to Erica Bonilla, ContractsAnalyst, at [email protected] no later than 12:00 p.m. on June 16, 2016.Questions will only be accepted via e-mail.

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GENERAL CONDITIONS (GC) SUPPLEMENT #1

Supplemental GCs are intended to complement other contract documents (In the case ofconflict the higher-numbered GC will govern (GC, Supplemental 1, Supplemental 2, etc.)

1. Allowable work hours

"District Hours" are defined as 7:30am to 4:00pm, Monday through Friday during school, Saturdays,Sundays and holidays. However, the Contractors "allowable work hours" are restricted by thiscontract. The restriction on work hours applies to all onsite construction work, but does not apply tosuch things as deliveries, weekly meetings, site walks, etc. which can be performed during Districthours but must be performed per all contract requirements.:

The Contractor is responsible to contact the City of Long Beach to verify allowable workhoursfor noiseordinance.The Contractor shall be responsiblefor providing all labor and equipment required forpicking upmaterialsat theDistrict.TheContractorwill be responsiblefor lockingall doors,gates, windowsand all other areasof the site upon its chosen departure each day, and/or latest by 15 minutes prior to therequireddeparture time. LBUSDwill arrangefor alarmactivation based on notificationbythe Contractor via departurefrom the site. Contractormay not perform nay other workoutside of the allowablework hours or outside of any other restrictionswithin the contractwithoutLBUSDpermission.The Contractormay establish a standard work week which includes Saturday. The workschedulemust be submittedto theDistrictwithin48 hoursafter issuanceof NTP.

3. All areas must be in a condition befitting school operation within the allowable work hours, whichat a minimum is to be clean, safe and orderly including continuity of safety mechanisms while thework is being installed and as prescribed in the GC's and Supplemental GC's. All areas must also bein a condition befitting school operation outside allowable work hours, which at a minimum is to beclean, safe, orderly and void of any construction evidence other than safety mechanisms partitioningthe installed works from school activity and as prescribed in the GC's and Supplemental GC's.

4. The Contractor is responsible for securing all work in all manners befitting the operation. Forexample, power isolation to the work area must be performed (insulation/isolation blankets appliedfor hot work, system discharge performed, etc.), safe work activities performed (confined spaceprocedures, etc.), the work areas must be secured from student access (lock up of temporary fencing,etc.), interaction with campus activities must be coordinated (e.g. no vehicle movement whenstudents are on campus out of the classroom), etc.

5. Contractor shall obtain all necessary fees and permits required for this project. Contractor isreminded that responsibility for all coordination and contractual arrangements are part of thiscontract.

6. An Inspector will be assigned to this project by Garland Company, Inc. Contractor must plan thework such that inspections will only be requested during the hours stated in paragraph "2" and shallprovide 48-hour written notice to the District and the Inspector when requesting an inspection.

56

8. All communications shall be routed to the District's Project Manager who will be identified at thetime of bid and will provide said information to the appropriate parties.

In addition, the Contractor shall use a Request For Information (RFI) at any time the scope of work isin question. RFI' s shall be dated and numbered in numerical order and must be submitted by emailand will be responded by email. E-mail communications will be used throughout the project.Contractor must have e-mail capability, must ensure e-mail is properly receiving transmissions, andmust access emails on a daily basis at a minimum. Contractor shall not send communications byemail requiring action more-urgently than daily access may allow. Contractor is responsible forconfirmation of receipt by receiving party.

9. One electronic copy of the Contractor's project management program to meet LBUSDrequirements must be provided within three (3) calendar days of Notice To Proceed (NTP) dateincluding:

Construction management program (including detailed construction scheduling, S-Curves,schedule of values, change management, cost control procedures,Subcontractor management, etc.) to meet the requirements of General Condition Supplement#2 at a minimum; quality management program (including quality assurance I quality controlI improvement procedures, value enhancement, etc.) to meet the requirements of GeneralCondition Supplement #2 at a minimum;Loss prevention program (including safety management, damage avoidance, etc.) to meet therequirements of General Condition Supplement #2 at a minimum.

Submittal of documents does not alleviate Contractor of responsibility for the work. Updates to beprovided as necessary or as required by the LBUSD.

A mandatory preconstruction meeting will be held onsite or at the District Maintenance Branch priorto the NTP date.

Mandatory weekly construction progress meetings will also be held onsite throughout the duration ofthe contract as decided/scheduled at the preconstruction meeting. The Contractor's project, safety,and quality representatives will be required to attend each meeting. A second mandatory weekly,onsite meeting may also be held.

10. The Contractor will develop and produce a plan of inspection, including hold points, inconjunction with the District Inspector within three (3) calendar days of the Notice To Proceed(NTP). The plan of inspection is to be incorporated as an Inspection Schedule into the ConstructionSchedule and is to be updated throughout the project (See General Condition Supplement #2).

11. The Contractor must produce scaled Shop Drawings as part of the submittal process for allcomponents being installed (including District provided components) based on a check of fieldconditions of existing components, including walls, obstructions, components such as electrical,civil, etc. and to meet the applicable codes, contract requirements, maintenance accessibility, andgood practice. Engineer Shop Drawings will not be provided. The Contractor assumes allresponsibility for checking, updating, adjusting, submitting, resubmitting, and completing the ShopDrawings. Shop Drawings shall show all components in plan and section at a minimum, fullydimensioned in the xyz quadrants for all components. All dimensions must be clear dimensions (e.g.

57

clear distance between edges of components, etc.). Shop Drawings are to be drawn to scale at aminimum of 1/8" = 1"-0". All Shop Drawings shall be provided as part of the submittal process(dimensions that can only be ascertained during a power outage shall be added and Drawings shall beprovided within seven (7) calendar days after NTP).

It is expected that the Contractor will need to perform onsite investigations and exploratory work toproduce the scaled Shop Drawings and purchase the required components.

12. The Contractor must submit one electronic copy of a Procurement and Delivery Schedule withinseven (7) Calendar Days of Notice to Proceed. The Schedule is to show expected delivery date for allitems, and any long-term delivery items or any other items critical to the project schedule.Procurement and Delivery Schedule must be incorporated in the Construction Schedule (See GeneralCondition Supplement #2).

13. The Contractor must submit one electronic copy of a Submittal Log within three (3) CalendarDays of Notice to Proceed. Submittal Log shall include the project management program, plan ofinspection, and all other submittals required by the contract. All submittals must be submitted in finalform within seven (7) Calendar Days of the Notice To Proceed. No installation work may begin untilall submittals are submitted in final form (mobilization and demolition may occur).

14. The Contractor must plan the work to ensure the school/facility is not disrupted in any way.Regular school/facility and other programs (including those on evenings and weekends) will beoccurring throughout this project, including activities that are not regularly scheduled.

15. Contractor shall coordinate all work with the school's / facility's staff schedule, includingcustodial staff that performs upkeep and other school preparations throughout the year, especially inthe summer break period where custodians will be working in all Buildings for resurfacing the floors.

16. Contractor will need to plan the work around the school's / facility's activities. In addition to allother requirements for maintaining site cleanliness, the Contractor shall inspect all buildingsundergoing construction in conjunction with the District Inspector and take acceptance of thebuildings prior to beginning work. The Contractor must then ensure that the building is maintained inthat condition where work occurs and the building is released back to the District in the condition itis received.

17. Contractor must coordinate with the work of other District's contractors, Maintenance and otheractivities at all times.

18. Contractor must ensure that safe access is maintained at all times, including providing path-oftravel and phasing plans in accordance with activities at the school. No path-of-travel may bereduced to less than 5' -0" wide of unencumbered, full-height, clear space. This requirementsupersedes allowances for such things as work areas.

19. Contractor shall take all precautions at all times to protect the public and property,including locked barricades, dust control, traffic rerouting, work during non-LBUSDbusiness hours, etc.

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20. Contractor must inspect site and note any deficiencies, damage or other concerns withinthe twenty four (24) hour period prior to start of mobilization and advise the District.Contractor must also advise the District of any changes to the site condition. Otherwise, theContractor accepts responsibility for the condition of the site.

21. Contractor must protect, temporarily relocate, return, and otherwise take responsibilityfor all District property that might be affected by the work, including louvers, doors, wallsystems, gates, paving, etc. Contractor must accept responsibility for the site within twentyfour (24) hours of starting mobilization.

22. The Contractor will be allotted a 20'x 20' area to provide and maintain a compound secured bytemporary fencing (fencing must be secured and must not pose any tripping or other hazards). Thecompound is to be kept clean and not pose a nuisance. The Contractor's compound is to be locatedper District's Representative's and/or Inspector's direction. The Contractor's Compound will be theonly area available to the Contractor other than those areas directly-related to the work. All work notdirectly-related to the work (such as pre-fabrication, storage, or other activities) shall otherwise bedone in the compound or offsite. The Contractor must set up their compound immediately after thepreconstruction meeting. As with all other work, the Contractor will be responsible for maintainingthe area per the contract requirements, including returning all playgrounds paving and markings tothe condition received.

Contractor will be issued one set of keys for the site. The Contractor may request keys for all areaswhere access is required. The Contractor must sign a Contractor Key Use Agreement for all keysissued by the District. Contractor's failure to return keys constitutes a basis for withholding payment(Contractor agrees to pay all costs for re-keying).

Contractor will be issued one set of identification badges for the site (all of the Contractor'semployees, subcontractors, other representatives, etc. must wear a badge when on school property).The Contractor must specify the number of badges required and must maintain a log of badgerecipients (badges cannot be transferred between recipients unless so logged).

Contractor must ensure it provides all traffic control, pedestrian protection, and all other precautionsat all times for all access onto the site. Exit from the site after the finishing the facility's operationmust similarly be restricted.

END OF SUPPLEMENT #1

59

GENERAL CONDITIONS SUPPLEMENT #2

LBUSD REQUIREMENTS FOR SPECIFIC COMPONENTSOF

CONTRACTORS' PROJECT MANAGEMENT PROGRAMS

The following conditions are to be included as a part of the Contractor's Project ManagementProgram.

Baseline documents or updated documents shall only be incorporated into the Contract when allcriteria of the Contract are satisfied. Nothing in these conditions shall relieve the Contractor ofresponsibilityfor the work.

PLANNINGANDCONTROL (SCHEDULES, PROGRESS CURVES, LOGS, ETC.).

a) Construction Schedules and Construction Progress Curves

The Contractor shall prepare and submit a ConstructionSchedule (Schedule) for the Work.The Schedule shall illustrate the planned, logical progression of construction activities andshall include all Work to be performedunder this contract using a schedulingprogram suchas PrimaveraP3 or P6, Suretrakor MS Project.The Contractor must submit a Submittal Log within three (3) calendar days of Notice ToProceed. SubmittalLog· shall include the project managementprogram, plan of inspection,and all other submittals required by the contract. All submittalsmust be submitted in finalform within seven (7) calendar days of Notice To Proceed. Submittal process must beincorporatedin the ConstructionSchedule.The Contractor must submit a Request For Information (RFI) Log and a Change OrderRequest I ChangeOrder (CORlCO)Log in MS Excel 2010 or earlier formatwithin seven (7)calendar days of Notice To Proceed. The RFI Log shall include RFI number, description,contractor's submittal date, two blank columns for District use, and contractor's responsereceipt date. The CORICO Log shall include CORICO number, description, contractor'ssubmittal date, two blank columns for District use, and contractor's response receipt date.Logsmust be submittedat each weeklyconstructionmeetingor via fax to the PM at the timeof the weeklymeetingif no meeting is scheduledthat week.

The Contractorshall at all times manage the Work in conformancewith the Schedule.Failure of theContractorto prosecute theWork in conformancewith the Schedulemay be consideredas default ofthis Contract. The Contractor shall submit bi-weekly updates of the Schedule and ProgressCurvesduring non-Shutdownmode (twice-weekly during Shutdown mode). Updates are expected to besubmitted in the construction meetings. Updates shall indicate work completed to date and theScheduleshall be adjustedto reflect any change in the planned sequenceof activities. In the event ofdelays, lags, or changes to the planned sequence of activities, the Contractor shall submit a revisedSchedule and Progress Curves indicating proposed rescheduling of activities to achieve projectcompletionby the ContractCompletionTime.

Approvalsof Applicationsfor Payments,includingProgressPayments,are conditionalon productionof updates.Copiesof the most-recentupdatesperformedduringthe paymentperiodmust be included

60

with each application. Applications will not be processed until updates for the payment period areperformed in accordance with the conditions of this General Condition Supplement. All scheduleupdates must be accompanied by a fully-functional copy on CD.

b) Other Schedules

The Contractor shall submit and keep current a Schedule of Values that correlates with the activitiesof the Construction Schedule and progress curves, no later than five (5) calendar days after the NTPdate. The Contractor shall submit and keep current a Schedule of Submittals which is to becoordinated with the Construction Schedule and progress curves. The Contractor shall submit andkeep current a Procurement and Delivery Schedule that is to be incorporated into the ConstructionSchedule and progress curves. All major or time-critical equipment, materials, services, tests or othercomponent that are to be purchased and incorporated into the Project shall be shown.

The Contractor shall submit and keep current an Inspection Schedule that is to be incorporated intothe Construction Schedule. The Inspection Schedule shall be produced based on the Inspection Plandeveloped in conjunction with the District's Inspector and shall indicate all inspections that impactthe flow of work.

c) Common Conditions

Revisions to the Construction, Submittal, Procurement or Inspection Schedules shall be coordinatedbetween all schedules. The Contractor shall submit and keep current expediting plans for any projectcomponent whose scheduled delivery may be delayed. Addition or deletion of contract time shall beprocessed in accordance with General Condition. The Contractor shall submit supporting justificationbased on the Contract Construction Schedule, as updated at the time of occurrence of the delay orexecution of the work related to any change in the scope of the work. The justification must include,but is not limited to, the duration of the activity relating to the changes in the work and logical ties tothe Contract Schedule for the proposed changes and/or delay showing activity/activities in theSchedule whose start or completion dates are affected by the change and/or delay that affect thecritical path. Effects on the critical path are to consider all contract conditions allowed the owner andthe critical path is not to be based on any contractor resource-limitations.

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QUALITY ASSURANCE AND QUALITY CONTROL- INSPECTION AND CONTROL OFWORK

The projects are to be delivered at a grade specified by the engineer and the installation is to be of ahigh quality (based on low-medium-high scale).

a) Quality Assurance and Quality Control

Quality Assurance (QA) and Quality Control (QC) are the responsibility of theContractor. The Contractor's Quality Assurance (QA) shall consist of all necessaryproactive procedures to assure that the quality of work and the completed projectconforms to contract requirements in a manner that minimizes or eliminates issuessuch as rework or correction. The Contractor's Quality Control (QC) shall consist ofall necessary inspection procedures to assure that the quality of work and thecompleted project conforms to contract requirements.

The Contractor shall make provisions such that the Owner can inspect QAlQC workin progress, including witnessing sampling and testing of materials. The Contractor'stesting facilities and production plants and each location where testing is performedshall be accessible to the Engineer at all times.

b) Work Not Conforming to QAlQC

When work is not conforming to the QAlQC, the Contractor shall take immediateaction to bring the work back into control. Except where the cause of the problem is readilyapparent and corrected without delay, work shall be suspended until the source of theproblem is determined and corrected. The District will utilize Correction Notices if correctionis not performed. A written explanation of actions taken to correct control problems shallaccompany the test data and be submitted to the Owner on the day the actions are taken.Correction Notices will be cancelled only upon satisfaction of the Contract Requirements.Time extensions will not be granted for correcting nonconforming work.

Repeated non-conformance shall be considered as evidence that required QAlQC is not beingprovided. When the Owner determines that operations are producing recurring defects that donot conform to the Contract and the QAlQC requirements, the Contractor will be notified thatthe present work is unacceptable. Work shall not continue until the Contractor has submitteda written proposal addressing corrective procedures that the Contractor shall take to preventrecurrence of the non-conforming work. The proposal shall be reviewed and responded inwriting by the Owner before operations resume.

SAFETY OF PERSONS ANDPROPERTY

a) The Contractor shall be solely responsible for initiating, maintaining and supervising allsafety precautions and programs in connection with the performance of the Contract. Allwork shall be performed in compliance with all applicable Federal, State and local laws,statutes, rules and regulations, including, but not limited to OSHA and EPA Standards. Thecontractor must take all precautions while on the school/facility property at all times(including erection of minimum 6' high chain link fencing or similar barricades around any

62

and all work areas, implementationof a safety program, providing a walking escort for anyvehicle (trucks, cars, forklifts, etc.) less that 5 ton GVW and two escorts for any largervehicle, utilization of identification badges, sign in lists, no tobacco policy, etc.}. Theprecautionsare in effect at all times (includingafter hours, summerbreak,weekends,whetherthe campusis occupiedor not by students,etc.)

b) The Contractor shall be totally responsible to take all precautions for safety of, and shallprovide reasonableprotectionto prevent damage, injuryor loss to: employees on the Workand other persons who may be affected thereby; the Work and materials and equipment tobe incorporated therein, whether in storage on or off the site, under care, custody orcontrol of the Contractor or the Contractor's Subcontractors or Sub-subcontractors; andother property at the site or adjacent thereto, such as trees, shrubs, lawns, walks,pavements, roadways, structures and utilities not designated for removal, relocation orreplacement in the course of construction.

c) The Contractor shall give notices and comply with applicable laws, ordinances, rules,regulations and lawful orders of public authorities bearing on safety of persons orproperty or their protection from damage, injury or loss.

d) The Contractor shall erect and maintain, as required by existing conditions andperformance of the contract, safeguards for safety and protection, including postingdanger signs and other warnings against hazards, promulgating safety regulations andnotifying owners and users of adjacent sites and utilities.

e) When use or storage of explosive, flammable or other hazardous materials or equipmentor unusual methods are necessary for execution of the Work, the Contractor shall exerciseutmost care and carry on such activities under supervision of properly qualifiedpersonnel. No such materials shall be brought onto the site without Owner's writtenapproval.

f) The Contractor shall promptly remedy damage and loss (other than damage or lossinsured under property insurance required by the Contract Documents) to property causedin whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyonedirectly or indirectly employed by any of them, or by anyone for whose acts they may beliable and for which the Contractor is responsible, except damage or loss attributable toacts or omissions of the Owner, Project Manager, or anyone directly or indirectlyemployed by either of them, or by anyone for whose acts either of them may be liable,and not attributable to the fault or negligence of the Contractor.

g) The Contractor shall designate a responsible member of the Contractor's organization atthe site whose duty shall be safety and the prevention of accidents. This designatedperson shall be the Contractor's superintendent unless otherwise designated by theContractor in writing by the Owner and / or Project Manager.

h) The Contractor shall not load or permit any part of the construction or site to be loaded soas to endanger its safety.

END OF SUPPLEMENT #2

63

SITE SPECIFICATIONS

Gymnasium Ceiling Repair at:

Hughes Middle School3846 California AvenueLong Beach, CA 90807

A. ScopeofWork

REPLACE EXISTING GLUE-ON ACOUSTIC CEILING TILE AND GYPSUM BOARDSUBSTRATE WITH A NEW GYPSUM CEILING AND PAINT. REPAIR EXISTINGGLUE-ON ACOUSTIC TILE AT CLERESTORY WALLS AS INDICATED.

B. Scopeofwork notes:

1. Contractor is responsible for all removal/temporary relocation/demolition, of all items(such as cabinets, casework, carpeting, conduits, fire alarm devices, etc.) fastened orattached to floors, walls and ceiling structure, which will be impacted by the scope ofwork. All removed / temporary relocated items shall be installed back in originalconditions, and shall be fully functional. The contractor shall protect all sensitive devicessuch as fire alarm elements, speakers, light fixtures, etc. properly. The contractor shallnotify the District in timely manner to bypass fire alarm devices if needed.

2. Contractors shall be responsible for all scaffolding, lifts, fall protection, etc as necessary toaccess ceiling structure, demolished materials, cleaning ceiling spaces and surfaces, andremove and transport waste.

3. All floors and walls shall be protected properly from any damages, scratches, and defects.Contractor will be responsible for all needed restoration and repairs in order to bring backthe conditions to the original, if are being affected by the contractor's performance. Thecontractor is strongly recommended to document all existing conditions prior to startingany activity, and notify the District's representative regarding any existing damages ordefects immediately, by email (including photos).

4. All painting activities shall be performed in three (3) coats: Primer, and two (2) finishcoats as follows:

a. Ferrous metal:

64

i. Prime with Protec Metal Primer 9600 series primer or equal.ii. One coat Vista 9800 Protec Semi-gloss finish (tinted 50%) or equal.iii. One coat Vista 9800 Protec Semi-gloss finish or equal.

b. Nonferrous metal:i. Prime bare metal with Vista Metal Pro 4800 or equal.ii. One coat Vista 9800 Protec Semi-gloss finish (tinted 50%) or equal.iii. One coat Vista 9800 Protec Semi-gloss finish or equal.

c. Stucco and concrete:i. Prime patches with Vista Uniprime II or equal.ii. One coat Vista Care free 8400 Semi-gloss finish (tinted 50%) or equal.iii. One coat Vista Care free 8400 Semi-gloss finish or equal.

The contractor shall provide enough time between applying the coats per the Inspector'sand / or the District's Representative directions. All lose and defective paints shall beremoved, and the area shall be sanded prior to applying the first coat.

This procedure supersedes any discrepancy which may occur at any other parts of thecontract documents.

5. All exposed trusses and beams shall be painted per above mentioned procedure, and colorshall be matched with existing.

6. All light fixtures, their hanging devices, light bulbs, wiring, and conduits shall be protectedin place. The contractor will be responsible for replacing damaged and / or defected partswith new, if occur because of the contractor's performance.

7. All demolition scope of work shall be performed by California licensed asbestosabatement contractor

65

.... _ j

(.~ .-•.~"",...•_ ....•--•--

R==I+''''''''''1'

• _rc:<J:

TECHNICAL SPECIFICATIONSDemolition and Contaminated

Materials Abatement

67

TABLE OF CONTENTS (Articles)PART 1 - GENERAL 69

1.1 PROJECT SITE 691.2 SCOPE OF WORK 691.3 WORK TO BE PERFORMED BYOTHERS 711.4 RESPONSIBILITIES OF OWNER & CONTRACTOR 711.5 REQUIRED LICENSURE 711.6 PERMITS 721.7 NOTIFICATIONS 721.8 INSURANCEREQUIREMENTS 721.9 BONDINGREQUIREMENTS 721.10 PROJECT SCHEDULE 721.11 PROCEDURES 721.12 SUBMITTALS 731.13 NOTICES 751.14 SITE USEANDSECURITY 751.15 EMERGENCY PLANNING 761.16 FIRE PROTECTION 76

PART2-PRODUCTS 772.1 MATERIALS 772.2 EQUIPMENT 78

PART 3 - EXECUTION 793.1 CLASS II ASBESTOSREMOVALWORK 793.2 CLASS II REMOVAL - GENERAL 813.3 CLEAN-UP PROCEDURES 823.4 WORKER DECONTAMINATION SYSTEMS 833.5 DISPOSAL PROCEDURES 833.6 REESTABLISHMENT OF THE WORK AREAS 843.7 ENVIRONMENTALMONITORING 843.9 OSHA PERSONNEL AIR MONITORING 863.7 ALTERNATIVE PROCEDURES 86

ATTACHMENTSAIT ACHMENT A: Asbestos Inspection Report

ENCORP Project Number P15484.L07Dated February 22,2016

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- - --------------------

SECTION 02080 - HAZARDOUS MATERIALS REMOVALSPECIFICATION

PART 1 - GENERAL

1.1 PROJECT SITE

A. The project site is identified as the Hughes Middle School Gym Ceiling ReplacementProject located at 3846 California Avenue, Long Beach, CA 90807. Work areas shallinclude areas of impact where hazardous materials are to be impacted, as outlined inthe Table located in Article 1.2.E,below.

1.2 SCOPE OF WORK

A. The main project goal for this project is perform the necessary project demolition ofceiling tiles, ceiling materials, ceiling soffits in the Gym area where asbestoscontaining roofing debris materials have been identified, and shall be replaced withnew ceiling. All hazardous materials identified within the subject building asimpacted based on the hazardous materials report and project demolition &specification plans/drawings, are to be removed as part of the demolition scope ofwork. The abatement contractor has the sole responsibility for confmning thelocation, scope of impact, quantity and degree of difficulty in removing the materialsas identified in the Asbestos & Lead-Based Paint Inspection Report based on thedemolition- modernization plans, and provided project specification& drawings.

B. All removal and disturbance of asbestos-containing materials shall be performed byan asbestos abatement contractor, using 32-hour asbestos certified workers (AsbestosWorker trained as outlined in 40 CFR 763). Abatement contractor's workforce shallbe supervised by experienced persons trained, knowledgeable and qualified in thetechniques of asbestos abatement, handling and disposal of asbestos-containingandlor asbestos-contaminated materials, and the subsequent cleaning of contaminatedareas, including, at a minimum, Competent Person/Contractor Supervisor training asoutlined in 40 CFR 763.

C. Contractor shall utilize employees with HAZWOPER training, as outlined in 29 CFR1910.120 and 8 CCR 5192, when handling all "other" hazardous materials, includingfluorescent light ballasts and tubes, mercury switches, refrigerants, batteries, and thelike that may require temporary removal, relocation, temporary relocation/storage,and/ or_-disposal.

D. The Abatement Contractor shall be responsible for all disturbance, spot removal orimpact, removal and proper disposal of asbestos containing materials. asbestoscontaining debris. demolition of ceiling materials. decontamination of ceiling maces.and other non-ACM ceiling materials structures as necessary in preparation formodernization/renovation of ceilings in conformity with the Project Building Plans.Project Specifications & The Asbestos & Lead Inspection Report provided asAttachment A to this Section 02080, including equipment which is specified, shownor reasonably implied for the removal, including power lifts, scaffolding, platformsand the like to access andlor performed needed demolition and decontaminationactivities, transport, and disposal of the hazardous materials identified in the Tablebelow.

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E. GYM BLDG: Hazardous Materials Removal Table

Demolition 4,000 sq ft

..'.-,}. ,.'\:,/ .i~'PO~~~~tOS~CON1'AlNING~~$;:" 7, "".•.,....:B Ildf ,.. . ..- ~ ';..•••.:. ,,:....:......_ot,', ..·,.·'. ':.."'.•.'..' """.','.".! 1,( ..~..,' ' '.m,attd..·,.·.,;.·.·,·.••.:.nw.·.'.·...• '~'. /" •.' ..•... '.: i.";.:.";••""'.U.· ~~~I_'~: ....~ _ .. _. s;;au" ..• _.u..,r. ",,'

Roofing Debris(4% Chrysotile)

Observed in ceiling cavities,ceiling spaces/soffits gm

ceiling

Non-ACMdrywalVGypsum paneling Gym ceiling

Scattered and sporadicPresumed throughout ceiling

Gym spaces and building ceilingspace (4,000sq ft)

Clean up and decontaminationfollowing ceiling demolition - all

work performed undercontainment - Work proceduresexpected to meet OSHA CLASS

II procedures, with modifiedoperations including

containments and negativepressure.

Non-ACM ceiling tilemastic and ceiling tile

residueGym ceiling Demolition 4,000 sq ft

The abatement contractor has the sole responsibility for confirming the location,scope of impact, quantity and degree of difficulty in removing the materials asidentified in the Hazardous Materials Inspection Report and based on the demolitionmodernization plans, and provided project specification & Drawings. A site visit ofthe facility should be performed to confirm locations, access for equipment, heightsof work, and for coordinating purposes.

Note 1: Contractor to remove entire ceiling and ceiling components undercontainment from the Main Gym area. Materials may be segregated for nonhazardous materials disposal (for examples, ceiling tiles) when materials areconfirmed free of suspected debris and/or have been confirmed as non-contaminated,or have been successfully decontaminated and determined acceptable for nonhazardous waste construction debris. Where porous materials are observedcontaminated, porous materials within the vicinity of observed debris shall beremoved and disposed of asbestos containing waste.

F. The Work includes the removal, transport, and disposal of the following contaminatedmaterials.

1. All hazardous materials identified in the table in Article I.2.E, above.2. All materials used for work area preparation.3. All discarded personnel protective equipment.4. All other potentially contaminated materials.

G. Other items of work shall include:1. As per agreement between Contractor and Owner.

H. Furnishings, cabinets, moveable objects, equipment, and devices temporarily removedto gain access to hazardous materials shall be reinstalled to original location uponcompletion of work, unless other arrangements and approval have been provided bythe Owner.

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I. Damages caused during the performance of abatement activities shall be repaired byContractor (e.g. paint peeled off by barrier tape, nail holes, water damage, etc.) at noadditional expense to Owner, unless other arrangements and approval have beenprovided by the Owner.

J. The abatement contractor has the sole responsibility for confirming the location,quantity and degree of difficulty in removing the identified materials.

K. Contractor to review specifications and coordinate all demolition, disturbance, and/orspot abatement of asbestos as necessary to complete demolition/modernizationactivities, including removal and disposal of miscellaneous hazardous materialsaccording to all federal, state, and local regulations.

L. Contractor is responsible for all removal/temporary relocation/demolition, of allitems (such as cabinets, casework, carpeting, conduits, fire alarm devices, , etc.)fastened or attached to floors, walls and ceiling structure, which will be impacted byabatement activities. All removed / temporary relocated items shall be installed backin original conditions, and shall be fully functional. The contractor shall protect allsensitive devices such as fire alarm elements, speakers, light fixtures, etc properly.The contractor shall notify the District in timely manner to bypass fire alarm devicesprior to start of this scope of work.

M. Contractors shall be responsible for all scaffolding, lifts, fall protection, etc asnecessary to access ceiling structure, demolished materials, decontaminate ceilingspaces and surfaces, and remove and transport waste.

1.3 WORKTOBEPERFORMEDBYOTHERSA. As per Project Specifications.

1.4 RESPONSmILITIES OF OWNER

A. The Owner will provide daily oversight of and environmental monitoringsurrounding the abatement/removal operations.

B. The Owner will provide existing water, at no cost to the Contractor, for constructionpurposes.

C. The abatement contractor shall coordinate with the Owner's representative for thelocation of equipment storage, staging and waste storage locations.

1.S REQUIREDLICENSUREA. Contractor shall be licensed by the State of California, Contractors State License

Board and be registered to perform asbestos related work with the Division ofOccupational Safety and Health, Department of Industrial Relations. At a minimumcontractor shall hold the following license classifications:

1. "B" License with ASB - Asbestos Certification and Haz-Mat Certification

B. Transportation of Friable and Non-Friable Asbestos Containing Materials:Contractor shall itself be or have a subcontractor who is a registered hazardous wastetransporter with the State of California, Department of Toxic Substances Control.

C. Subcontractors shall hold all licenses applicable to specified trade work.

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1.6 PERMITSA. As required by Cal/OSHA.B. As required by the South Coast Air Quality Management District.C. As required by local agencies for specific tasks (i.e., electrical permit for temporary

power, etc.).D. Scaffolding, lifts, fall protection in compliance with Local, State, and Federal

guidelines and regulations.

1.7 NOTIFICATIONSA. Contractor shall make all required written notifications to regulatory agencies

including the following:

1.California Division of Occupational Safety and Health (Cal/OSHA)2. South Coast Air Quality Management District (SCAQMD)3. Department of Health Services (CallDHS)4. County Fire Department Permit (as applicable)

1.8 INSURANCEREQUIREMENTSA. As per Project Specifications.

1.9 BONDINGREQUIREMENTS

A. Please refer to the Long Beach Unified School District General Conditions andRequirements from Purchasing.

1.10 PROJECT SCHEDULE

A. All work shall be performed as per agreement between Contractor and Owner.

B. For the purposes of this Work Plan "submittal due date" shall mean the day on whichsubmittals required by Article 1.12 shall be received by the Owner's representative,"start work" shall mean the day Contractor arrives on the project site, and "completiondate" shall mean the day Contractor leaves the project site including final clearancetesting and demobilization.

C. Contractor to indicate the number and duration of shifts required to perform abatementmonitoring as part of the bid document. Costs associated with hazardous materialsabatement monitoring, beyond those pertaining to the project duration indicated in theContractor's Bid, shall be deducted from Contractor's Contract Amount.

1.11 APPLICABLE REGULATIONS

A. Contractor shall perform all Work in compliance with the most recent edition of allapplicable federal, state, and local regulations, standards and codes governing asbestosabatement, transport, and disposal of asbestos containing/contaminated materials,lead-based/containing surface coatings and contaminated materials, and all otherhazardous materials.

1.Requirements include obtaining permits, licenses, inspections, releases and similardocumentation, as well as payments, statements and similar requirements associatedwith codes, regulations, and standards.

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B. Regulations, Standards, and Codes (General):

1.General applicability of federal, state, and local regulations, standards and codesgoverning hazardous materials abatement, demolition, transport, and disposal,except to the extent that more explicit or more stringent requirements are writtendirectly into the contract documents, all applicable regulations, standards, and codeshave the same force and effect and are made a part of the contract documents as ifcopied directly into the contract documents, or as if published copies are boundherewith.

C. Contractor Responsibility: The Contractor shall assume full responsibility and liabilityfor the compliance with all applicable federal, state, and local regulations pertaining towork practices, transport, disposal, and protection of workers, visitors to the site, andpersons occupying areas adjacent to the site.

1.The contractor is responsible for providing training, medical examinations andmaintaining training/medical records of personnel as required by the applicablefederal, state, and local regulations, including personal air monitoring for all workpractices.

2.The Contractor shall hold the Owner and ENCORP harmless for failure to complywith any applicable hazardous materials abatement, transport, disposal, safety,health or other regulation on the part of himself, his employees, or hissubcontractors.

1.12 SUBMITfALS

A. No later than five days prior to commencement of work, Contractor shall submit sixpaper copies and one electronic copy to ENCORP, the District EnvironmentalConsultant, documentation that includes, without limitation, the following:

1. Current Copies of licenses and registrations required by Article 1.5 RequiredLicensure (include copies of subcontractor's licenses).

2. Copies of written notification to the following regulatory agencies:

a. California Division of Occupational Safety and Health (Cal/OSHA)b. South Coast Air Quality Management District (SCAQMD)c. Department of Health Services (CallDHS)

3. Current Proof of insurance coverage required by Article 1.8 InsuranceRequirements (include proof of insurance for subcontractors).

4. Current Proof that required permits, site location and arrangements for transportand disposal of asbestos containing waste materials have been made.

5. Current Proof oflegal right to use patented equipment or processes.

6. Current Manufacturer's certification that HEPA vacuums, differential pressure airfiltration devices and other local exhaust ventilation equipment conform to ANSIZ9.2-79 and have been permitted by the SCAQMD.

7. Current Documentation showing that Contractor's employees, including foreman,supervisor, and any other company personnel or agents who may be exposed toairborne asbestos fibers or who may be responsible for any aspects of asbestosabatement activities, have received training as required by 29 CFR 1926.1101 and8 CCR 1529.

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8. Current Documentation showing that Contractor's employees, including foreman,supervisor, and any other company personnel or agents who may be exposed toairborne lead dust or who may be responsible for any aspects of lead abatementactivities, have received training as required by 29 CFR 1926.62 and 8 CCR1532.1.

9. Current Documentation from Physician (signed by an M.D.) showing that allemployees or agents who may be exposed to airborne asbestos fibers in excess ofbackground levels have received medical monitoring to determine whether they arephysically capable of working while wearing the respirator required withoutsuffering adverse health effects. The Contractor must be aware of and provideinformation to the examining physician about unusual conditions in the workplaceenvironment (e.g. high temperatures, humidity, chemical contaminants) that mayimpact on the employee's ability to perform work activities.

10. Current Documentation of respirator fit-testing for all Contractor employees andagents who must enter the work area. This fit-testing shall be conducted annuallyand in accordance with procedures as required by 29 CFR 1910.134 and 8 CCR5144.

11. An emergency preparedness plan as required by Article 1.15 - EmergencyPlanning.

12. Master schedule, showing phasing, number of shifts, time for air clearances, teardown and manpower loading to be utilized for the duration of the project.

13. A site specific work plan based on scope of work. Include a diagram showingcontainment set-up, decontamination unit(s), location of negative air machine andexhaust placement.

B. Following abatement activities and completion, Contractor shall submitdocumentations to ENCORP that includes, without limitation, the following (within15calendar days):

1. Copies of the work area entry/exit log book. Log book must record name,affiliation, time in, and time out for each entry into the work area.

2. Copies of logs documenting filter changes on respirators, HEPA vacuums,differential pressure air filtration devices, water filtration device, and otherengineering controls.

3. Copies of Material Safety Data Sheets (MSDS) for solvents, encapsulants, wettingagents, replacement materials, and other substances brought by Contractor to theProject Site. MSDSs shall be available the first day that subjectmaterials/substances are present on the project site.

4. Results of all required OSHA compliance air monitoring. Results shall beavailable prior to the start of the following shift and within 24 hours of completionof the last shift.

5. Copies of all accident/incident reports where injury or damage has occurred on orto the Owner's property.

6. Copies of daily logs indicating location(s) worked, type of materials removed,quantity of materials removed and number of personnel conducting theaforementioned activities.

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7. Copies of all transport manifests, trip tickets and disposal receipts for all asbestoswaste materials removed from the work area within 48 hours of the transport, to:

ENCORP16700 Valley View Ave, Suite 100La Mirada; California 90638Attn: Alexander Blankevoort

8. Abatement contractor is responsible for profiling all waste streams at the start ofthe project. Results must be submitted to the ENCORP for verification of properdisposal.

1.13 NOTICES

A. Post in the clean room area of the worker decontamination enclosure a list containingthe names, and telephone numbers of Owner, Construction Manager, AbatementContractor, and ENCORP.

B. Post in the clean room area of the worker decontamination enclosure a list of allpersons authorized to enter the work area.

C. Additional postings shall include:

I. Visitor Entry and Exit Log.2. Employee Daily Sign in Log.3. Entry and Exit Procedures.4. Emergency Procedures.5. Copies of permits required in Article 1.6 of this document and copies of

notifications required in Article 1.7 of this document.6. As required by the Department of Labor.

1.14 SITE USEANDSECURITY

A. Confme operations at the site to the areas permitted under the Contract. Portions ofthe site beyond which areas on which work is indicated are not to be disturbed.

B. The work area shall be restricted only to authorized, trained and protected personnel,including Contractor, Contractor's employees, Owner employees, Owner,Construction Manager, ENCORP, State and Local Inspectors.

C. Entry into the work area by unauthorized individuals shall be reported immediately totheENCORP.

D. Contractor shall be responsible for Project site security during abatement operations inorder to protect work efforts and equipment.

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1.15 EMERGENCY PLANNING

A. Emergency planning and procedures shall be developed by Contractor prior toabatement initiation.

B. Emergency procedures shall be in written form and prominently posted. Contractorshall ensure that all persons entering the work area read these procedures andunderstand the Project site layout, location of emergency exits and emergencyprocedures.

C. Emergency planning shall include considerations of fire, explosion, electrical hazards,slips, trips and falls, confined spaces, school emergencies and heat related injury.Written procedures shall be developed and employee training in procedures shall beprovided by Contractor.

D. Employees shall be trained in evacuation procedures in the event of work placeemergencies.

1. For non-life-threatening situations, employees injured or otherwise incapacitatedshall decontaminate following normal procedures with assistance from fellowworkers, if necessary, before exiting the work place to obtain proper medicaltreatment.

2. For life-threatening injury or illness, worker decontamination shall take leastpriority. After measures to stabilize the injured worker, remove him from the workplace and secure proper medical treatment.

3. Telephone numbers of all emergency response personnel and map to closesthospital shall be prominently posted in the clean and equipment rooms.

1.16 FIRE PROTECTION

A. All plastic, spray-on strippable coatings, and structural materials used in the asbestosabatement process shall be UL-approved and certified as fire retardant ornoncombustible.

B. Wood shall be pressure impregnable and certified as fire retardant.

C. Material Safety Data Sheets (MSDS) for fire retardant materials shall be madeavailable upon request.

D. All combustible rubbish and debris, including properly bagged asbestos shall beproperly disposed of at the end of each working day.

E. A minimum of one (1) 4A160BC dry-chemical extinguisher shall be maintained ateach of the following locations:

1. At each comer of the work area. Where no clear comers exist, four (4)extinguishers shall be placed around the exterior wall of the work area so that theyare approximately 25 percent of the total distance apart.

a. Exception: Where total contained work area is less than 1,000 square feet, two(2) 4A160BC extinguishers shall be provided. All extinguishers shall be clearlyidentified with red tape.

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2. Contractor shall ensure that on site personnel are aware of the location and properuse of all extinguishers and other fireIlife safety equipment.

F. All existing fire detection, alarm systems, connections and standpipes shall remain inplace, active and unobstructed. Any alteration to this equipment must be approved byENCORP.

PART 2 - PRODUCTS

2.1 MATERIALS

A. Generally, Contractor shall carefully adhere to the following:

1. All plastic, spray-on strippable coatings and structural materials used shall be ULcertified as fire retardant or non-combustible.

2. Deliver all materials in the original packages, containers, or bundles bearing thename of the manufacturer and brand name (where applicable).

3. Fire-retardant polyethylene sheeting utilized for worker decontamination andconstruction/containment barriers shall be a minimum of six-mil in thickness.

4. Disposal bags shall be of six-mil polyethylene, pre-printed with labels as requiredby EPA regulation 40 CFR 61.152 (b) (I) (iv) or applicable CallOSHArequirements.

5. Stick-on labels as per EPA or CallOSHA requirements for disposal drums.

6. Warning signs as required by CallOSHA shall be utilized.

7. Disposal drums shall be 55-gallon DOT AlA (DOT 17H) with locking ring topsand will meet the requirements of 49 CFR 172-178.

B. Removal and Encapsulation:

1. Surfactant (wetting agent) shall be a 50/50 mixture of polyoxyethylene ether andpolyoxyethylene ester, or equivalent, mixed in proportion of 1 fluid once to 5gallons.

2. The encapsulating agent to be applied shall adhere to the substrate surfaces fromwhich asbestos-containing material has been stripped.

3. The encapsulating agent shall not be flammable and should not be solvent-based orutilize a vehicle (the liquid in which the solid parts of the encapsulant aresuspended) consisting of hydrocarbon.

4. If utilized, mastic removal solvents shall NOT be or create a RCRA waste, andshall be of the low odor variety.

C. Replacement:

1. Submit manufacturers certification indicating that replacement materials (if used)do not contain asbestos or more than 600 parts per million (dry weight) of lead.

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2.2 EQUIPMENT

A. General:

1. A sufficient quantity of HEPA vacuums and/or differential pressure air filtrationdevices equipped with HEPA filtration and operated in accordance with ANSIZ9.2-79 (local exhaust ventilation requirements) and EPA guidance docwnent EPA560/5-83-002 Guidance for Controlling Friable Asbestos Containing Materials inBuildings. To calculate total air flow requirement:

Total fe/min = Vol. of work area (in ft3)15min

To calculate the nwnber of units needed for the abatement:

Nwnber of units needed = [total ft3/minl[capacity of unit in ft3/min]

2. At a minimum, full-face powered air-purifying respirators (PAPRs) with P-I00cartridges shall be utilized during all friable/Class I asbestos removal and for allremoval of lead-containing paints/substances involving abrasive removaltechniques.

3. At a minimum, half-face air-purifying respirators with P-I00 cartridges shall beutilized during all ceramic tile or lead-containing paint removal/impact exceptabrasive removal, or for the removal of all non-friable/Class II asbestos removal.

4. Respirators shall be furnished to the abatement workers by Contractor. Therespirators shall have been tested and approved by National Institute ofOccupational Safety and Health (NIOSH) for use in asbestos atmospheres.

5. Full body disposable protective clothing, including head, body, and foot coveringsshall be furnished to visitors in sizes adequate to accommodate movement withouttearing.

6. Additional safety equipment as supplied in accordance with 8 CCR 1514, (e.g. hardhats meeting the requirements of 8 CCR 1515, eye protection meeting therequirements of 8 CCR 1516, safety shoes meeting the requirements of 8 CCR1517, hand protection meeting the requirements of 8 CCR 1520, hearing protectionmeeting the requirements of 8 CCR 1521 and body protection meeting therequirements of 8 CCR 1522), as necessary, shall be furnished to all workers andauthorized visitors.

7. Non-skid foot wear shall be furnished to all abatement workers. Disposableclothing shall be adequately sealed to the footwear to prevent body contamination.

8. Furnish a sufficient supply of disposable mops, rags, and sponges for work areadecontamination.

B. Removal:

1. A sufficient supply of scaffolds, ladders, lifts and hand tools (e.g., scrapers, wirecutters, brushes, utility knives, wire saws, etc.) shall be furnished as needed.

2. Rubber dustpans and rubber squeegees shall be furnished for cleanup.

3. Brushes utilized for removing loose asbestos-containing material shall have nylon78

or fiber bristles, not metal.4. A sufficient supply of HEPA filtered vacuum systems shall be furnished during

cleanup.

C. Encapsulation: Encapsulants shall be sprayed using airless spray equipment or handpressurized sprayer.

D. Enclosure: Hand tools equipped with HEPA filtered local exhaust ventilation shall beutilized during the installation of enclosures and supports if there is any need todisturb asbestos containing materials during this process. As an alternative asbestosmaterial may be partially removed following controlled removal procedures approvedby the ENCORP.

PART3 - EXECUTION

3.1 CLASS II ASBESTOS REMOVAL WORK - MODIFIED WITH NEGATIVEPRESURE

The following procedures shall be utilized for all removal and demolition of ceilingmaterials from the Gym building - Main Gym Room, specifically the removal anddecontamination of non-friable, roofing debris and demolition of Non-ACM materials.

A. Contractor shall coordinate all items of work with the ENCORP.

B. Contractor shall shut down and lock out all heating, cooling, and air conditioningsystem (HVAC) components that are in supply or pass through the work area. In theevent that there is any impact to the HVAC system (such as an air intake), the HVACsystem shall remain off during the project.

C. Contractor shall shut down and lock out electric power to all Work Areas. Contractorshall provide temporary power and lighting sources, insure safe installation oftemporary power sources and equipment by compliance with all applicable electricalcode requirements and Cal/OSHA requirements for temporary electrical systems.Protect each circuit with a Ground Fault Circuit Interrupter (GFCI) of proper sizelocated in the temporary panel.

D.lnstall worker decontamination unit described in Article 3.7 or as agreed upon withENCORP.

E. Post warning signs meeting the specifications of 8 CCR 1529, 8 CCR 5208, and 29CFR 1926.1101, at any location and approaches to a location where airborneconcentration of asbestos fibers may exceed ambient background levels. Signs shallbe posted at a distance sufficiently far enough away from a work area to permit aperson to read the sign and take necessary protective measures to avoid exposure.

F. Asbestos Handlers shall don personnel protective equipment as required in Article 2.2- Equipment.

G. Pre-clean all vertical and horizontal surfaces within the work area using a HEPAfiltered vacuum and/or wet cleaning techniques, as appropriate. Contractor shall notuse any methods that would raise dust, such as dry sweeping or vacuuming withequipment not equipped with HEPA filters, and shall not disturb asbestos-containingmaterials during the pre-cleaning phase.

H. Seal off all windows, doorways, elevator openings, corridor entrances, drains, ducts,grills, grates, diffusers, skylights and any other openings between the Work Area anduncontaminated areas outside of the Work Area with two layers six-mil fire retardant

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polyethylene sheeting and tape.

I. Following installation of scaffolding, platforms, of lifts operations to access ceilingareas: Cover floors in the area, as follows (cover floors where flooring finishes, suchas floor tile and/or mastic, are to be removed, during Class I activities).

1. Two layers of six-mil (minimum) sheeting. Additional layers of sheeting may beutilized as a drop cloth to aid in cleanup of bulk materials, and/or to ensureprotection fromwater leaks.

2. Containment plastic shall be sized to minimize seams. If the floor area necessitatesseams, those on successive layers of sheeting shall be staggered to reduce thepotential for water to penetrate to the flooring material. A distance of at least 6 feetbetween seams is sufficient. Do not locate any seams at wall/floor joints.

3. Floor sheeting shall extend at least 12" up the side walls of the Work Area.

4. Sheeting shall be installed in a fashion so as to prevent slippage between successivelayers of material.

J. Cover all immovable items (plumbing, etc.) and/or construct walls in the Work Areawith fire retardant polyethylene sheeting and seal with duct tape. Walls that will bedemolished do not necessarily need protection (check with ENCORP). Walls shall bedecontaminated using HEPA vacuums and wet cleaning techniques. Walls withmortar joints (e.g., tile) are considered porous. Openings through these walls,including louvers in Mechanical Rooms, must be sealed by critical barriers.

1. Walls shall be covered with two layers six-mil fire-retardant polyethylene sheeting(sealed airtight with duct tape).

2. Plastic shall be sized to minimize seams. Seams shall be staggered and separatedby a distance of at least six feet.

3. Wall sheeting shall overlap floor sheeting by at least 12 inches beyond thewall/floor joint to provide a better seal against water damage and for negativepressure.

4. Wall sheeting shall be secured adequately to prevent it from falling away from thewalls. This will require additional support/attachment when Negative PressureVentilation Systems area utilized.

5. Where necessary for structural support, plywood sheeting and/or 2x4 lumber shallbe utilized to ensure the structural integrity of the containment and critical barriers.

6. Fire exits shall be clearly labeled as required by Regulations.

K. Install the minimum number of 2' x 3' clear view windows that will provide visualaccess to ALL areas of each enclosure.

L. Install and initiate operation of negative pressure air filtration differential as requiredin Article 2.2 - Equipment. Negative pressure differential shall be at a minimum of -0.02" of water column at all times during asbestos removal operations.

M.Install and maintain a manometer equipped with a strip chart recorder. Manometershall be capable of detecting at least 0.02" of water column.

N. The Contractor shall carry out all asbestos removal activities in a manner that willminimize pulverizing, breaking or creation of dust. Generally, manual removalmethods will be preferred, although larger systems, such as power washers, areacceptable, as long as they are equipped with proper HEPA-flltration equipment and

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do not create an undue hazard.

O. Keep the ACMs being removed wet throughout removal operations by the use of anairless sprayer. In the event that visible dust is generated during the abatementprocess, also mist the air within containment periodically with water or an amendedwater solution with an airless sprayer to reduce airborne asbestos fiber concentrations.

P. Once all removal activities have been completed, clean-up of the work areas shall beconducted in accordance with Article 3.6 - Clean-Up.

Q. Dispose of all asbestos containing/contaminated waste in accordance with Article 3.8 -Disposal Procedures.

R. Follow all State, Federal and local regulations during installation, construction,maintenance, daily operations, and removal of scaffolding, lifts and raised platforms,throughout the course of operations and constructions.

3.2 CLASS D ASBESTOS REMOVAL WORK - GENERAL

The following procedure shall be utilized for all removal and clean-up of nonfriable/Class II ACM from all ceiling spaces where demolition is not anticipated.

A. Contractor shall coordinate all items of work with the ENCORP.

B. Contractor shall shut down and lock out all heating, cooling, and air conditioningsystem (HVAC) components that are in supply or pass through the work area. In theevent that there is any impact to the HVAC system (such as an air intake), the HVACsystem shall remain off during the project.

C. Contractor shall shut down and lock out electric power to all Work Areas. Contractorshall provide temporary power and lighting sources, insure safe installation oftemporary power sources and equipment by compliance with all applicable electricalcode requirements and Cal/OSHA requirements for temporary electrical systems.Protect each circuit with a Ground Fault Circuit Interrupter (GFCI) of proper sizelocated in the temporary panel.

D. Install worker decontamination unit described in Article 3.7 or as agreed upon withENCORP.

E. Post warning signs meeting the specifications of 8 CCR 1529, 8 CCR 5208, and 29CFR 1926.1101, at any location and approaches to a location where airborneconcentration of asbestos fibers may exceed ambient background levels. Signs shallbe posted at a distance sufficiently far enough away from a work area to permit aperson to read the sign and take necessary protective measures to avoid exposure.

F. Asbestos Handlers shall don personnel protective equipment as required in Article 2.2- Equipment.

G. Clean all vertical and horizontal surfaces within the work area and ceiling spacesusing HEPA-filtered vacuum and/or wet cleaning techniques, as appropriate.Contractor shall not use any methods that would raise dust, such as dry sweeping orvacuuming with equipment not equipped with HEPA filters, and shall not disturbasbestos-containing materials during the pre-cleaning phase.

H. Seal off all windows, doorways, openings, corridor entrances, drains, ducts, grills,grates, diffusers, skylights and any other openings between the Work Area anduncontaminated areas outside of the Work Area with two layers six-mil fire retardantpolyethylene sheeting and tape.

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1. Containment plastic shall be sized to minimize seams. If the floor area necessitatesseams, those on successive layers of sheeting shall be staggered to reduce thepotential for water to penetrate to the flooring material. A distance of at least 6 feetbetween seams is sufficient. Do not locate any seams at wall/floor joints.

2. Sheeting shall be installed in a fashion so as to prevent slippage between successivelayers of material.

I. The Contractor shall carry out all asbestos removal activities in a manner that willminimize pulverizing, breaking or creation of dust. Generally, manual removalmethods will be preferred, although larger systems, such as bead-blasters for masticremoval activities, are acceptable, as long as they are equipped with proper HEPAfiltration equipment.

J. Keep the ACMs being removed wet throughout removal operations. In the event thatvisible dust is generated during the abatement process, also mist the air withincontainment periodically to reduce airborne asbestos fiber concentrations.

K. Dispose of all asbestos containing/contaminated waste; debris shall be kept wet at alltimes and be bagged while wet in accordance with Article 3.8 - Disposal Procedures.

3.3 CLEAN-UP PROCEDURES

A. Remove and containerize all visible accumulations of asbestos-containing material,utilizing rubber dust pans and rubber squeegees to move material around. Do not usemetal shovels to pick up or move accumulated waste within contained work areas.

Asbestos-containing/contaminated waste shall be placed in leak tight disposal bags.Disposal bags shall be doubled six-mil polyethylene, pre-printed with labels asrequired by EPA regulation 40 CFR 61.152 (b) (I) (iv), CaVOSHA (Title 8 CCRSections 1529 and 5208), SCAQMD Rule 1403, and if applicable Title 22 CCRSection 66504.

All other hazardous wastes shall be containerized as appropriate and disposed of in amanner that satisfies the requirements for waste characterization and disposal inaccordance with the requirements of Title 22 of the California Code of Regulations,Sections 66243, et seq., and Sections 25157.8, et al, of the California Health andSafety Code.

B. Wet clean all surfaces in the work area utilizing rags, mops and sponges, and clean allhorizontal surfaces within each work area with a HEPA-vacuum, as appropriate.

C. Remove the cleaned layer of polyethylene sheeting from floors and walls, asapplicable. Windows, doors, HVAC system vents and all other openings (criticalbarriers, if employed) shall remain sealed. Dispose of as asbestos-contaminated orlead-contaminated as appropriate to the work area in question.

D. After gross cleaning of the work area, HEPA-vacuum and wet clean all objects andsurfaces in the work area are completed, remove all containerized waste from the workarea.

E. Decontaminate all tools and equipment and remove at the appropriate time in thecleaning sequence.

F. ENCORP will inspect the work area for visible residue. If any accumulation of residueis observed, it will be assumed to be asbestos, as appropriate to the work area, and a

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second settling period and cleaning cycle repeated at no additional cost to Owner.

G. Following the satisfactory completion of clearance air monitoring testing, theremaining barriers may be removed and prepared for proper disposal. A fmal visualinspection by ENCORP will be performed. Unsatisfactory conditions may requireadditional cleaning and air monitoring/wipe sampling, at no additional cost to Owner.

3.4 WORKER DECONTAMINATIONSYSTEMS

A. Worker decontamination enclosure systems shall be provided at all locations whereworkers will enter or exit the work area. At a minimum, one three-stage system at asingle location is required. Each work area where negative pressure enclosure is theselected method of engineering controls shall have a worker decontamination unit.

B. Worker decontamination enclosure systems constructed at the Project site shall utilizesix-mil, fire-retardant polyethylene sheeting, or other approved materials for privacy.

C. Personnel Decontamination Units shall not be located inside the work area(s) unlessspecifically authorized by the ENCORP.

D. Alternate methods of providing Decontamination facilities may be submitted to theENCORP for approval. Do not proceed with any such method(s) without the writtenauthorization.

E. The worker decontamination enclosure system shall consist of at least a cleansingstation in accordance with the requirements of 8 CCR 1527 and 8 CCR 1529,equipped with adequate water, towels and cleansing agents to accommodate the entirecrew and visitors.

3.5 DISPOSALPROCEDURES

A. All friable asbestos waste shall be disposed of as Hazardous, Friable Asbestos Waste.All non-friable asbestos waste shall be disposed of as Non-Hazardous, Non-FriableAsbestos Waste.

All asbestos-containing waste shall be placed and stored in clear, sealed, leak-tight andappropriately labeled containers, in accordance with 8 CCR 1529 and SCAQMDRule1403, and transported to an appropriate landfill for disposal.

B. All hazardous wastes (including non-hazardous asbestos wastes) must be disposed ofby a certified waste hauler approved by the Owner.

C. Arrange for proper disposal of any generated hazardous waste stream through anOwner-approved waste disposal facility.

D. Obtain the EPA Hazardous Waste Generator Identification Number and State ofCalifornia Hazardous Waste Tax Identification Number from the Owner.

E. All hazardous waste manifests or non-hazardous material data forms shall be deliveredto the District. Record keeping format shall utilize a chain of custody form whichincludes the names and addresses of the Generator (Owner), Contractor, WasteHauler, pickup site, disposal site, the estimated quantity of the asbestos waste and thetype of containers used. The form shall be signed by the Generator, Contractor, WasteHauler and the Disposal Site Operator, as the responsibility for the material changeshands.

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3.6 REESTABLISHMENT OF THE WORK AREAS

A. Reestablishment of the work area shall only occur following the completion ofclean-up procedures and after clearance air monitoring has been performed anddocumented to the satisfaction of ENCORP.

B. Contractor and ENCORP shall visually inspect the work area for any remainingvisible residue. Evidence of contamination will necessitate additional cleaning and airmonitoring requirements at no additional cost to Owner, until approved by PEC.

C. Upon approval by ENCORP, the Contractor shall remove remaining fire retardantpolyethylene sheeting, critical barriers, and decontamination unit.

D. Repair all areas of damage that occurred as a result of abatement activities at noadditional cost to Owner, unless other arrangements and approval have been providedby the Owner.

3.7 ENVIRONMENTAL MONITORING

Stop work order due to deficiencies:

If, at any time, the DISTRICT's Representative or ENCORP decides work practices areviolating Specifications, or, Federal or local regulations to extent of potentialendangerment of building users, workers, the DISTRICT's Representative, employees orpublic, he will immediately notify Contractor (followed up in writing) that operationsshall cease until corrective action is taken by Contractor. Contractor shall take suchcorrective action before proceeding with work. Loss or damage due to Stop WorkOrder(s) shall be Contractor's responsibility. A Stop Work Order, issued by theDISTRICT's Representative or ENCORP shall become effective immediately.

A. Air monitoring will be carried out by the ENCORP on behalf of the Owner to verifythat the building beyond the contamination area and the outside environment remainsuncontaminated.

B. Background Air Monitoring:

1. The ENCORP will conduct pre-abatement air monitoring to determine ambientfiber levels prior to abatement. The analytical method shall utilize Phase ContrastMicroscopy (PCM) using the NIOSH 7400Method.

C. Area Air Monitoring: The ENCORP will conduct in-progress air monitoring daily todetermine area airborne contaminant concentrations within the confines of the workarea.

1. Environmental Air Sampling: Ambient air samples are taken and analyzed toindicate fiber migration from containment to the environment. Should anyenvironmental sample outside work areas exceed the base line of 0.01 flee of air, orestablished background concentrations as determined by PCM analysis, all workwill immediately halt except for corrective work. The PEC shall determine thesource of the high fiber count and notify the contractor with directions for thecorrective action.

D. Clearance Air/Wipe Monitoring:

1. Following the completion of final clean-up operations, notify the ENCORP that

84

work areas are ready for final inspection and clearance air monitoring.

2. ENCORP will then sample the air in the work area for airborne fiberconcentrations.

3. Phase Contrast Microscopy (PCM): In each homogeneous work area aftercompletion of all cleaning work, a minimum number of samples will be collectedand analyzed in accordance with the NIOSH 7400Methodology as follows:

For work areas less than 160 square feet or 260 linear feet:

a. 5 interior aggressive air samples, 5 exterior air samples, 2 field blank samplesand 1 lab blank sample for areas that had asbestos-containing materialsremoved.

b. Release Criteria: Decontamination of the work site is complete when eachsample analyzed reveals airborne asbestos fiber concentrations are at or below0.010 flee, or established background concentrations.

c. If these conditions are not met then the decontamination is incomplete and thecleaning procedures noted in Article 3.3 above shall be repeated. The area shallbe re-tested at no additional cost to Owner until satisfactory levels are obtained.

4. Transmission Electron Microscopy (TEM): In each homogeneous work area aftercompletion of all cleaning work, a minimum number of samples MAY be collectedand analyzed by TEM in accordance with the requirements of 40 CFR Part 763,Subpart E (AHERA) as follows:

For work areas equal to or greater than 160 square feet or 260 linear feet:

a. 5 interior aggressive air samples, 5 exterior air samples, 2 field blank samplesand 1 lab blank sample for areas that had asbestos-containing materialsremoved.

b. Release Criteria: Decontamination of the work site is complete when theaverage of the interior samples reveals that airborne asbestos fiberconcentrations are at or below 70 structureslmm2, or established backgroundconcentrations.

c. If these conditions are not met, decontamination shall be deemed incomplete,and the cleaning procedures noted in Article 3.3 above shall be repeated. Thearea shall be re-cleaned and re-tested at no additional cost to Owner untilsatisfactory levels are obtained.

5. For work associated with LCM, wipe sampling shall be performed within thecontrolled work areas following completion of all lead-related impact anddecontamination efforts.

a. Release Criteria: Decontamination of the work site is complete when each of atleast two samples per work area are analyzed and reveal lead concentrationsbelow those set forth by Cal/DHS in 17 CCR 35001, et. seq. Generally, thisshall be 40 micrograms of lead per square foot of area on interior floors.

b. If these conditions are not met then the decontamination is incomplete and thecleaning procedures noted in Article 3.3 above shall be repeated. The area shall

85

be re-tested at no additional cost to Owner until satisfactory levels are obtained.

3.8 OSHA PERSONNEL AIR MONITORING:

A. Air monitoring required by OSHA is work of the contractor. The contractor isresponsible for providing daily OSHA compliance monitoring as per 29 CFR1926.1101,8 CCR 1529 for asbestos and 29 CFR 1926.62and 8 CCR 1532.1 for lead.

1. At minimum, Contractor shall conduct representative (25% of crew) breathing zonepersonal air monitoring of its employees twice each shift (asbestos only) andrepeated daily or until a "negative exposure assessment", as derived in accordancewith 29 CFR 1926.1101 (t)(2)(iii) and 8 CCR 1529 for asbestos, and 8 CCR 1532.1for lead.

2. Monitoring shall be conducted by a qualified air professional experienced andknowledgeable about the methods of air monitoring and in accordance with 29CFR 1926.1101, 8 CCR 1529and 8 CCR 1532.1.

3. Monitoring results and appropriate laboratory analysis work shall be submitted toENCORP within forty-eight (48) hours of the monitoring work.

3.9 ALTERNATIVE PROCEDURES

A. If specified procedures cannot be utilized, a request shall be made in writing toENCORP providing details of the problem encountered and recommendedalternatives.

B. The removal of all "other" hazardous materials shall be handled as an alternativeprocedure. Contractor shall submit a work plan for the removal, handling, anddisposal of all "other" hazardous materials, including but not limited to fluorescentlight ballasts and tubes, mercury switches, refrigerants, batteries, and radioactivesmoke detector sources. Work described in said work plan(s) shall not commenceuntil the work plan has been accepted and approved, in writing, by ENCORP.

C. Alternative procedures shall provide equivalent or greater protection than proceduresthat are replaced.

Any alternative procedure must be approved in writing by the ENCORP prior to theimplementation of the procedure.

End of Section 02080

86

99

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DISCUSSIONS AND RECOMIENDATlONS (ASBESTOS)

Asbestos containilg roofing debris was obseNed scattered and sporadic in the Main Gym ceilingand assumed throughout spacesIsoffits. CUrrenUythe roofing debris areas are isolated to occupiedareas.

Access to the Janitor Closet ce~ing hatch spaces should be limited to District authorized personnelwith at a milimum OSHA QASS IV Asbestos Awamness training and Personal ProtectiveEquipment (PPE) and respirator in cof11>liance with CFR 1926.1101. Labeling restrictions onaccess hatch in these locations is recommended.

Removal of ceilings and ceiling space components should be perfonned by a licensed AsbestosAbatement Contractor.

Where rrinor disturbance to the ceiling space and ceiling space components are to be performed,the WOI1c can be perfonned by certified trained contractor with a minif1llm of 16-hotK AHERA0pera00ns and Maintenance Training - OSHA ClASS III asbestos work dasslfication. This workclassification is used as an adequate alternative for trade work involvilg electrical, lighmg,plumbing, and mscellaneous disturbances were work is not to exceed three (3) square feet (sq It)per area and a one hundred (100) square feet (sq It) total combined square footage. EHCORP alsorecommends that a california Certified Asbestos Consultant/Site Surveitlance Technician overseethe project to ensure that proper methods are being utilized.The ConlnJdor shaU take care when demolishilg materials which will open wall cavities, sealedceililg areas, etc., which were inaccessible during the asbestos inspection. If any additionalknown, assumed, or suspected asbestos-containing materials are discovered during therenovation, the Contractor shall immediately oontact the project oonsultant to determile the propercourse of action.

89

CONCLUSION

Removat of ceilings and ceililg space components sholid be performed by a licensed AsbestosAbatement Contractor.

The Contractor shall take care when demolishing materials which will open wall cavities. sealedceililg areas, ete., which were inaccessible during the asbestos inspection. If any additionalknown, asst.med, or sUSJ)eCted asbestos-rontaini1g materials are discovered during therenovation, the Contractor shall immediately oontact the project consultant to detenni'le the propercourseof action.Additional asbeslos-a)ntanng and lead-based painted materiats may be present at this site. careshould be taken when demolishing matelials that wiUopen wajl cavities or sealed ceiling areas. Ifany additional known, assumed. or suspeded asbestos-.contaililg materials or lead-based paintedCOITJ,)OIl9I1tsare discovered during renovation, remodeling or demolition activities, contact anenvironmental consultant to determine the proper course of action.

Should you have any questions concerning this report, please contact me at (714) 523-9811.Thank you.

Respectfully submitted,

Alexander BlankevoortVice President - Operations, ENCORPCertified Asbestos Consultant #04-3555

End of Attachment A

90

Schools Central Services

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Project Information

FORM

Form Type: Project AwardDate: 7/18/2016PWC-100

AWARDING BODY INFORMATION

Name: Long Beach UnifiedSchool District

2201 East MarketStreet

Long Beach,CA90805 5626633002

PrimaryContact: Ron Hoppe

Address: Primary Email: [email protected]

Work Phone:

PROJECT INFORMATION

Project Name:

Gym Ceiling Repairsat

02-1617Project#:Huges Middle School

BriefGym Ceiling Repairs 5987.01

Description: Contract #:

Contract$246000.00 Number of Prime

Amount: Contractors: 1

Total Project$246000.00

Cost:

AlternativeNoneApply

Model:

DIR Project 10: 108260

Physical3846 California Ave Billing Address 1515 Hughes WayAddress:Long Beach, Long Beach,CA 90810CA90807LOSANGELES

Project Information 2

PWC-100

Project Name: GymCeiling Repairsat HugesMiddleSchool

Project #: 02-1617

Contract #: 5987.01 Status: NewSubmission

https://www.dir.ca.gov/pwc 1OOextiCreateProjectPrintPreview.aspx?ProjectID= 108260

Page 1 of3

7/1812016

of3

PROJECT INFORMATIONProject Dates

First AdvertisedBid:

5/24/2016 Estimated or ActualStart: 8/2/2016

Estimated orActualCompletion:

10/3/2016

Propositions:

Will this project receive (or has it received) any funding fromProposition 84 (The Safe DrinkingWater, Water Quality andSupply, Flood Control, River and Coastal Protection BondAct of2006)?

Will this project receive (or has it received) any funding fromProposition 39 (California Clean Energy Jobs Act of 2012)?

No

No

Compliance and Agreements:Is language included in the Contract Award to effectuate the Norequirementsof Section 1771, 1774 - 1776, 1777.5, 1813and 1815of the Labor Code?

Will you operate a DIR-Approved Labor Compliance Program (LCP)No

for this project?

Is there a Project LaborAgreement (PLA) associatedwith thisproject?

No

Contractor Information

Project Manager

EmailAddress Name Title

Director

Work Phone

[email protected] Ron Hoppe

General Contractor 1

562-663-3002

CSLB/Certificate NAMENumber

Address Email Classification

635916

CTGEORGIOU 433 LECONVREURPAINTING AVENUE<br>WILMINGTON, [email protected] LABORERSCO CA 90744

Close Save As PDF

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7118/2016

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Shannon Williams - Project Creation

From: <[email protected]>To: <[email protected]>, <[email protected]>Date: 7/18/20162:27 PMSubject: Project Creation

Hello,

Thank you for using the PWC-100 online application.

This email confirms the submission of a new project titled "Gym Ceiling Repairs at Huges Middle School" that wascreated on 18 Jul2016 and assigned OIR Project 10108260.

Please share this OIR Project 10 number with each contractor on the project. They will need this number tosubmit certified payroll records into DIR's Electronic Certified Payroll Reporting(eCPR) database.

Thank you for your submission

Sincerely,

PublicWorks ProgramDivision of Labor Standards EnforcementDepartment of Industrial RelationsState of California

file:IIIC:/Users/SL WilliamslAppDataILocallTempIXPgrpwise/578CE75DPurch-DOPurch-... 7/18/2016

Purchasing and Contracts Branch BID SCHEDULE NO. 02 …...Performance Bond and Payment Bond as...

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