Bryte ES Bid Specs - Washington Unified School District

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BIDDING DOCUMENTS

FOR THE

WASHINGTON UNIFIED SCHOOL DISTRICT

FOR

Bryte Restroom Renovations Project

AT

Bryte Elementary School

637 Todhunter Ave,

Project No. BRR0010

DSA Application No. 02-114188

Bid No. BRR0010

WASHINGTON UNIFIED SCHOOL DISTRICT

10/19/20015

Bryte Restroom Renovations

005723.00003 Washington Unified School District

13460668.1

Table of Contents

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TABLE OF CONTENTS

Page

NOTICE INVITING BIDS ..............................................................................................................1

INSTRUCTIONS TO BIDDERS ....................................................................................................5

PRE-BID CLARIFICATION FORM ............................................................................................14

CHECKLIST OF MANDATORY BID FORMS ..........................................................................15

BID FORM ....................................................................................................................................16

DESIGNATION OF SUBCONTRACTORS ................................................................................21

DESIGNATION OF SUBCONTRACTORS FORM ....................................................................22

BID BOND FORM ........................................................................................................................24

BID GUARANTEE FORM ...........................................................................................................26

CONTRACTOR’S CERTIFICATE REGARDING WORKERS’ COMPENSATION

FORM ................................................................................................................................27

NON-COLLUSION DECLARATION .........................................................................................28

REQUEST FOR SUBSTITUTION AT TIME OF BID ................................................................29

ACKNOWLEDGMENT OF BIDDING PRACTICES REGARDING INDEMNITY

FORM ................................................................................................................................31

DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) PARTICIPATION

STATEMENT AT TIME OF BID .....................................................................................32

SITE VISIT CERTIFICATION .....................................................................................................33

REFERENCES ..............................................................................................................................34

CONTRACT FORMS ...................................................................................................................36

FORM AGREEMENT...................................................................................................................38

PAYMENT BOND ........................................................................................................................43

PERFORMANCE BOND ..............................................................................................................46

CONTRACTOR’S CERTIFICATE REGARDING DRUG-FREE WORKPLACE ....................50

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CONTRACTOR’S CERTIFICATE REGARDING ALCOHOLIC BEVERAGE AND

TOBACCO-FREE CAMPUS POLICY ............................................................................51

GUARANTEE ...............................................................................................................................52

CONTRACTOR DVBE CLOSE-OUT STATEMENT (FINAL PAYMENT) .............................53

ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION ...............54

INSURANCE DOCUMENTS & ENDORSEMENTS ..................................................................57

CONTRACTOR CERTIFICATION REGARDING BACKGROUND CHECKS .......................59

GENERAL CONDITIONS ...........................................................................................................61

ARTICLE 1 DEFINITIONS .......................................................................................................61

ARTICLE 2 LAWS CONCERNING THE DISTRICT A PART HEREOF..............................61

ARTICLE 3 SITE INVESTIGATION .......................................................................................62

ARTICLE 4 STATUS OF CONTRACTOR ..............................................................................62

ARTICLE 5 CONTRACTOR’S SUPERVISION ......................................................................62

ARTICLE 6 SUBCONTRACTORS ..........................................................................................63

ARTICLE 7

DISTRICT’S INSPECTOR ...................................................................................64

ARTICLE 8

ARCHITECT’S STATUS .....................................................................................64

ARTICLE 9 ASSIGNMENT OF ANTITRUST ACTIONS ......................................................64

ARTICLE 10 OTHER CONTRACTS .....................................................................................65

ARTICLE 11 OCCUPANCY ...................................................................................................65

ARTICLE 12 DISTRICT’S RIGHT TO DO WORK ..............................................................65

ARTICLE 13

DISTRICT’S RIGHT TO TERMINATE CONTRACT ....................................65

ARTICLE 14 TERMINATION BY THE DISTRICT FOR CAUSE ......................................66

ARTICLE 15 TERMINATION OF CONTRACT BY DISTRICT (CONTRACTOR

NOT AT FAULT) ..............................................................................................................67

ARTICLE 16 CONTRACT SECURITY - BONDS ................................................................68

ARTICLE 17 SUBSTITUTION OF SECURITIES .................................................................68

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ARTICLE 18 INSURANCE REQUIREMENTS .....................................................................68

ARTICLE 19 PERFORMANCE AND PAYMENT BONDS .................................................72

ARTICLE 20 DRAWINGS AND SPECIFICATIONS............................................................73

ARTICLE 21 OWNERSHIP OF DRAWINGS........................................................................74

ARTICLE 22 DETAIL DRAWINGS AND INSTRUCTIONS ...............................................74

ARTICLE 23 TESTS AND INSPECTIONS............................................................................75

ARTICLE 24 STATE AUDIT ..................................................................................................77

ARTICLE 25 PREFERENCE FOR MATERIALS AND SUBSTITUTIONS ........................78

ARTICLE 26 SAMPLES..........................................................................................................79

ARTICLE 27 PROGRESS SCHEDULE .................................................................................79

ARTICLE 28 MATERIALS AND WORK ..............................................................................81

ARTICLE 29 OBTAINING OF PERMITS, LICENSES AND EASEMENTS ......................82

ARTICLE 30 ACCESS TO WORK .........................................................................................82

ARTICLE 31 SANITARY FACILITIES .................................................................................82

ARTICLE 32 CLEANING UP .................................................................................................82

ARTICLE 33 GUARANTEE ...................................................................................................83

ARTICLE 34 DUTY TO PROVIDE FIT WORKERS ............................................................83

ARTICLE 35 FINGERPRINTING ..........................................................................................83

ARTICLE 36 WAGE RATES, TRAVEL AND SUBSISTENCE ...........................................84

ARTICLE 37 PAYROLL RECORDS ......................................................................................86

ARTICLE 38 WITHHOLDING OF CONTRACT PAYMENTS & PENALTIES .................87

ARTICLE 39 APPRENTICES .................................................................................................87

ARTICLE 40 PROTECTION OF PERSONS AND PROPERTY ...........................................88

ARTICLE 41 NON-DISCRIMINATION ................................................................................90

ARTICLE 42 COST BREAKDOWN AND PERIODICAL ESTIMATES .............................90

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ARTICLE 43 CONTRACTOR CLAIMS & DISPUTES.........................................................91

ARTICLE 44 CLAIMS PROCEDURES & REQUIREMENTS .............................................92

ARTICLE 45 PAYMENTS TO CONTRACTOR ...................................................................94

ARTICLE 46 CHANGES AND EXTRA WORK ...................................................................95

ARTICLE 47 COMPLETION ..................................................................................................96

ARTICLE 48 ADJUSTMENTS TO CONTRACT PRICE ......................................................97

ARTICLE 49 CORRECTION OF WORK ...............................................................................97

ARTICLE 50 EXTENSION OF TIME - LIQUIDATED DAMAGES ....................................97

ARTICLE 51 PAYMENTS WITHHELD ................................................................................98

ARTICLE 52 EXCISE TAXES ................................................................................................99

ARTICLE 53 TAXES ...............................................................................................................99

ARTICLE 54 NO ASSIGNMENT ...........................................................................................99

ARTICLE 55 NOTICE AND SERVICE THEREOF...............................................................99

ARTICLE 56 NO WAIVER .....................................................................................................99

ARTICLE 57 HAZARDOUS MATERIALS .........................................................................100

ARTICLE 58

DISTRICT’S RIGHT TO CARRY OUT THE WORK ..................................100

ARTICLE 59 INDEMNIFICATION......................................................................................100

ARTICLE 60 NON-UTILIZATION OF ASBESTOS MATERIAL .....................................100

ARTICLE 61 LIEN RELEASES ............................................................................................100

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NOTICE INVITING BIDS

WASHINGTON UNIFIED SCHOOL DISTRICT

NOTICE IS HEREBY GIVEN that the Washington Unified School District, acting by and through its Governing Board, hereinafter referred to as “District”, will receive prior to 2:00pm 10/29/15 sealed bids for the award of a Contract for the following:

BID NO. BRR0010

The Bryte School Restroom Renovation Project to include the following scope of work:

Miscellaneous demolition for relocation of doors, walls, plumbing fixtures, lighting and mechanical

(exhaust fans) is in contract. The replacement of an on-site sewer line and concrete and associated demolition is required. New wall and door framing, patching of existing walls and framing upgrades, gypsum board, stucco patching, ceilings and painting of walls, doors and trim are included. In addition, plumbing fixtures, electrical work including providing and installation of fire alarm devices, instant-hot water heaters, exhaust fans, power outlets and lighting scope is included. Miscellaneous toilet accessories and FRP and linoleum finishes are part of the scope.

All bids shall be made and presented only on the forms presented by the District. Bids shall be received in the Office of the Washington Unified School District Facilities Construction and Planning

Department Room #65 at 930 Westacre Road, West Sacramento, California 95691 and shall be opened and publicly read aloud at the above state time and place. Any bids received after the time specified above or after any extensions due to material changes shall be returned unopened.

Additive/ Deductive Bid Alternates (See Instruction to Bidders )

If the District has included additive/deductive alternates which all bidders are required to price as part of their bid, the District will utilize the following method to determine the lowest bidder in accordance with Public Contract Code section 20103.8:

 The lowest bid shall be the lowest total of the bid prices on the base contract and the following additive or deductive items taken in order as listed below depending upon the available funds for this Project which is estimated per HY Architects is 80K:

1.

Additive Alternate #1: Adding District Standard Gate, Hardware and Assembly to provide a 100% functional system.

A sealed envelope with Contractors Name and address.

Note: Pursuant to Public Contract Code section 20103.8, the selection process utilized does not preclude the District from using any of the additive or deductive alternates from the Contract after the lowest responsive and responsible bidder has been determined.

Miscellaneous Information

Bids shall be received in the place identified above, and shall be opened and publicly read aloud at the above-stated time and place.

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The bid documents are available at ARC Reprographics, 801 Broadway Sacramento, CA, 95818.

There will be a $150.00 non-refundable charge to purchase each set of bid documents. No partial sets will be available.

There will be a mandatory Pre-Bid Conference at 637 Todhunter Ave, West Sacramento, CA at

3:30pm on 10/20/15 any Contractor bidding on the Project who fails to attend the entire mandatory job walk and conference will be deemed a non-responsive bidder and will have its bid returned unopened.

Each bidder shall be a licensed contractor pursuant to the California Business and Professions

Code, and be licensed to perform the work called for in the Contract Documents. The successful bidder must possess a valid and active Class B license as required at the time of award and throughout the duration of this Contract. The Contractor’s California State License number shall be clearly stated on the bidder’s proposal.

Contractor’s Subcontractors shall be licensed pursuant to California law for the trades necessary to perform the work called for in the Contract Documents.

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

The District reserves the right to reject any or all bids or to waive any irregularities or informalities in any bids or in the bidding.

Each bidder shall submit with its bid — on the form furnished with the Contract Documents — a list of the designated subcontractors on this Project as required by the Subletting and Subcontracting Fair

Practices Act, California Public Contract Code section 4100 et seq.

In accordance with California Public Contract Code section 22300, the District will permit the substitution of securities for any moneys withheld by the District to ensure performance under the

Contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the District, or with a state or federally chartered bank as the escrow agent, who shall then pay such moneys to the Contractor. Upon satisfactory completion of the Contract, the securities shall be returned to the Contractor.

Each bidder’s bid must be accompanied by one of the following forms of bidder’s security: (1) cash; (2) a cashier’s check made payable to the District; (3) a certified check made payable to the District; or (4) a bidder’s bond executed by a California admitted surety as defined in Code of Civil Procedure section 995.120, made payable to the District in the form set forth in the Contract Documents. Such bidder’s security must be in an amount not less than ten percent (10%) of the maximum amount of bid as a guarantee that the bidder will enter into the proposed Contract, if the same is awarded to such bidder, and will provide the required Performance and Payment Bonds, insurance certificates and any other required documents. In the event of failure to enter into said Contract or provide the necessary documents, said security will be forfeited.

The Contractor and all subcontractors shall comply with the requirements set forth in Division 2,

Part 7, Chapter 1 of the Labor Code. The District has obtained from the Director of the Department of

Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which this work is to be performed for each craft, classification or type of worker needed to execute the Contract. These per diem rates, including holiday and overtime work, as well as employer payments for health and welfare, pension, vacation, and similar

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purposes, are on file at the District, and are also available from the Director of the Department of

Industrial Relations. Pursuant to California Labor Code section 1720 et seq., it shall be mandatory upon the Contractor to whom the Contract is awarded, and upon any subcontractor under such Contractor, to pay not less than the said specified rates to all workers employed by them in the execution of the

Contract.

A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in the Labor Code, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and

Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.

This Project is a public works project as defined in Labor Code section 1720. Each contractor bidding on this Project and all subcontractors (of any tier) performing any portion of the work must comply with the Labor Code sections 1725.5 and 1771.1 and must be properly and currently registered with the California Department of Industrial Relations (“DIR”) and qualified to perform public works pursuant to Labor Code section 1725.5 throughout the duration of the Project. The Contractor and all subcontractors shall furnish certified payroll records as required pursuant Labor Code section 1776 directly to the Labor Commissioner in accordance with Labor Code section 1771.4 on at least on a monthly basis (or more frequently if required by the District or the Labor Commissioner) and in a format prescribed by the Labor Commissioner.

Monitoring and enforcement of the prevailing wage laws and related requirements will be performed by the Labor Commissioner/ Department of Labor Standards Enforcement (DLSE). The

Contractor and all Subcontractors shall furnish certified payroll records as required pursuant Labor Code section 1776 directly to the Labor Commissioner in accordance with Labor Code section 1771.4 on at least on a monthly basis (or more frequently if required by the District or the Labor Commissioner) and in a format prescribed by the Labor Commissioner.

No bidder may withdraw any bid for a period of ninety (90) calendar days after the date set for the opening of bids.

Separate payment and performance bonds, each in an amount equal to 100% of the total Contract amount, are required, and shall be provided to the District prior to execution of the Contract and shall be in the form set forth in the Contract Documents.

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

Where applicable, bidders must meet the requirements set forth in Public Contract Code section

10115 et seq., Military and Veterans Code section 999 et seq. and California Code of Regulations, Title 2,

Section 1896.60 et seq. regarding Disabled Veteran Business Enterprise (“DVBE”) Programs. Forms are included in this Bid Package.

Any request for substitutions pursuant to Public Contract Code section 3400 must be made at the time of Bid on the Substitution Request Form set forth in the Contract Documents and included with the bid.

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No telephone or facsimile machine will be available to bidders on the District premises at any time.

It is each bidder’s sole responsibility to ensure its bid is timely delivered and received at the location designated as specified above. Any bid received at the designated location after the scheduled closing time for receipt of bids shall be returned to the bidder unopened.

WASHINGTON UNIFIED SCHOOL DISTRICT

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INSTRUCTIONS TO BIDDERS

1.

Preparation of Bid Form. Proposals under these specifications shall be submitted on the blank forms furnished herewith at the time and place stated in the Notice Inviting Bids. All blanks in the bid form must be appropriately filled in, and all proposed prices must be stated clearly and legibly in both words and numerals. All bids must be signed by the bidder in permanent blue ink and submitted in sealed envelopes, bearing on the outside, the bidder’s name, address, telephone number, and California

Contractor’s License number, and the name of the Project for which the bid is submitted. The District reserves the right to reject any bid if all of the above information is not furnished. It is each bidder’s sole responsibility to ensure its bid is timely delivered and received at the location designated as specified above. Any bid received at the designated location after the scheduled closing time for receipt of bids shall be returned to the bidder unopened.

2.

Bid Security. Each bid must be accompanied by one of the following forms of bidder’s security:

(1) cash; (2) a cashier’s check made payable to the District; (3) a certified check made payable to the

District; or (4) a bidder’s bond executed by a California admitted surety as defined in Code of Civil

Procedure section 995.120, made payable to the District, in the form set forth in the Contract Documents.

Such bidder’s security must be in an amount not less than ten percent (10%) of the maximum amount of such bidder’s bid as a guarantee that the bidder will enter into the Contract, if the same is awarded to such bidder, and will provide the required Performance and Payment Bonds, insurance certificates and any other required documents. In the event that a bidder is awarded the Contract and such bidder fails to enter into said Contract or provide the surety bond or bonds within five (5) calendar days after award of the

Contract to bidder, said security will be forfeited.

3.

Signature. The bid form, all bonds, all designations of subcontractors, the Contractor’s

Certificate, the Agreement, and all Guarantees must be signed in permanent blue ink in the name of the bidder and must bear the signature in longhand of the person or persons duly authorized to sign the bid.

If bidder is a corporation, the legal name of the corporation shall first be set forth, together with two signatures: one from the President and one from the Secretary or Assistant Secretary. Alternatively, the signature of other authorized officers or agents may be affixed, if a certified copy of the resolution of the corporate board of directors authorizing them to do so is provided to the District. Such documents shall include the title of such signatories below the signature and shall bear the corporate seal.

If bidder is a partnership, the true name of the firm shall first be set forth, together with the names of all persons comprising the partnership or co-partnership. The bid must be signed by all partners comprising the partnership unless proof in the form of a certified copy of a statement of partnership acknowledging the signer to be a general partner is presented to the District, in which case the general partner may sign.

Bids submitted as joint ventures must so state and be signed by each joint venturer.

Bids submitted by individuals must be signed by the bidder unless an up to date power- ofattorney is on file in the District office, in which case, said person may sign for the individual.

The above rules also apply in the case of the use of a fictitious firm name. In addition, however, where a fictitious name is used, it must be so indicated in the signature.

4.

Modifications . Changes in or additions to the bid form, recapitulations of the work bid upon, alternative proposals, or any other modification of the bid form which is not specifically called for in the

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Contract Documents may result in the District’s rejection of the bid as not being responsive to the Notice

Inviting Bids. No oral or telephonic modification of any bid submitted will be considered .

5.

Erasures, Inconsistent or Illegible Bids. The bid submitted must not contain any erasures, interlineations, or other corrections unless each such correction creates no inconsistency and is suitably authenticated by affixing in the margin immediately opposite the correction the signature or signatures of the person or persons signing the bid. In the event of inconsistency between words and figures in the bid price, words shall control figures. In the event that the District determines that any bid is unintelligible, inconsistent, or ambiguous, the District may reject such bid as not being responsive to the Notice Inviting

Bids.

6.

Examination of Site and Contract Documents. Each bidder shall visit the site of the proposed work and become fully acquainted with the conditions relating to the construction and labor so that the facilities, difficulties, and restrictions attending the execution of the work under the Contract are fully understood. Bidders shall thoroughly examine and be familiar with the drawings and specifications and all others documents and requirements that are attached to and/or contained in the Project Manual or other documents issued to bidders. The failure or omission of any bidder to receive or examine any Contract

Documents, form, instrument, addendum, or other document or to visit the site and become acquainted with conditions there existing shall not relieve any bidder from obligations with respect to the bid or to the contract. The submission of a bid shall be taken as prima facie evidence of compliance with this

Section. Bidders shall not, at any time after submission of the bid, dispute, complain, or assert that there were any misunderstandings with regard to the nature or amount of work to be done.

7.

Withdrawal of Bids. Any bid may be withdrawn, either personally or by written request, at any time prior to the scheduled closing time for receipt of bids. The bid security for bids withdrawn prior to the scheduled closing time for receipt of bids, in accordance with this paragraph, shall be returned upon demand therefor.

No bidder may withdraw any bid for a period of ninety (90) calendar days after the date set for the opening of bids.

8.

Agreements, Insurance and Bonds . The Agreement form which the successful bidder, as

Contractor, will be required to execute, and the forms and amounts of surety bonds and insurance endorsements which Contractor will be required to furnish at the time of execution of the Agreement, are included in the bid documents and should be carefully examined by the bidder. The number of executed copies of the Agreement, the Performance Bond, and the Payment Bond required is three (3). Payment and Performance bonds must be executed by an admitted surety insurer as defined in Code of Civil

Procedure 995.120.

9.

Interpretation of Plans and Documents/Pre-Bid Clarification. If any prospective bidder is in doubt as to the true meaning of any part of the Contract Documents, or finds discrepancies in, or omissions, a written request for an interpretation or correction thereof may be submitted to the District.

The bidder submitting the request shall be responsible for its prompt delivery. Any interpretation or correction of the Contract Documents will only be made by Addendum duly issued, and a copy of such Addendum will be made available for each contractor receiving a set of the Contract

Documents.

No person is authorized to make any oral interpretation of any provision in the Contract

Documents, nor shall any oral interpretation be binding on the District. If discrepancies on Drawings, specifications or elsewhere in the Contract Documents are not covered by addenda, bidder shall include in their bid methods of construction and materials for the higher quality and complete assembly. Each request for clarification shall be submitted in writing, via email, to only the following persons:

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TO: Stephen Lane, HY- Architects -

slane@HY-arch.com

CC: Victor Burbank, HY-Architects -

vburbank@hy-arch.com

Each transmitted request shall contain the name of the person and/or firm filing the request, address, telephone, and fax number, Specifications and/or Drawing number. Bidder is responsible for the legibility of hand written requests. Pre-bid clarification requests shall be filed a minimum of six (6) days prior to bid opening. Requests received less than six (6) days before bid opening shall not be considered or responded to. A written response to timely pre-bid clarification requests which materially affect the bidders price will be made by Addendum issued by the Washington Unified School District not less than seventy-two (72) hours prior to bid opening.

10.

Bidders Interested in More Than One Bid. No person, firm, or corporation shall be allowed to make, or file, or be interested in more than one prime bid for the same work unless alternate bids are specifically called for. A person, firm, or corporation that has submitted a proposal to a bidder, or that has quoted prices of materials to a bidder, is not thereby disqualified from submitting a proposal or quoting prices to other bidders or making a prime proposal.

11.

Award of Contract. The Contract will be awarded to the lowest responsive and responsible bidder by action of the governing Board. The District reserves the right to reject any or all bids, or to waive any irregularities or informalities in any bids or in the bidding. In the event an award is made to a bidder, and such bidder fails or refuses to execute the Contract and provide the required documents within five (5) calendar days after award of the Contract, the District may award the Contract to the next lowest responsive and responsible bidder or release all bidders . Each bid must conform and be responsive to the Contract Documents as defined in the General Conditions .

12.

Bid Protest Procedure. Any bidder may file a bid protest. The protest shall be filed in writing with the District not more than five (5) business days after the date of the bid opening. An e-mail address shall be provided and by filing the protest, protesting bidder consents to receipt of e-mail notices for purposes of the protest and protest related questions and protest appeal, if applicable. The protest shall specify the reasons and facts upon which the protest is based. a.

Resolution of Bid Controversy: Once the bid protest is received, the apparent lowest responsible bidder will be notified of the protest and the evidence presented. If appropriate, the apparent low bidder will be given an opportunity to rebut the evidence and present evidence that the apparent low bidder should be allowed to perform the work. If deemed appropriate by the District, an informal hearing will be held. District will issue a written decision within fifteen (15) calendar days of receipt of the protest, unless factors beyond the District's reasonable control prevent such resolution. The decision on the bid protest will be copied to all parties involved in the protest. b.

Appeal: If the protesting bidder or the apparent low bidder is not satisfied with the decision, the matter may be appealed to the Assistant Superintendent of Business Services, or their designee, within three (3) business days after receipt of the District's written decision on the bid protest.

The appeal must be in writing and sent via overnight registered mail with all accompanying information relied upon for the appeal and an e-mail address from which questions and responses may be provided to:

Washington Unified School District

930 Westacre Road, West Sacramento, CA 95691

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c.

Appeal Review: The Assistant Superintendent of Business Services or their designee shall review the decision on the bid protest by the Director of Facilities and issue a written response to the appeal, or if appropriate, appoint a Hearing Officer to conduct a hearing and issue a written decision. The written decision of the Assistant Superintendent of Business Services or the Hearing Officer shall be rendered within fifteen (15) calendar days and shall state the basis for the decision. The decision concerning the appeal will be final and not subject to any further Appeals. d.

Reservation of Rights to Proceed with Project Pending Appeal. The District reserves the right to proceed to award the Contract for the Project and commence construction pending an Appeal. If there is State Funding or a critical completion deadline, the District may choose to shorten the time limits set forth in this Section due to the urgency of proceeding with work if written notice is provided to the protesting party. E-mailed notice with a written confirmation sent by First Class Mail shall be sufficient to constitute written notice. If there is no written response to a written notice shortening time, the District may proceed with the award. e.

Finality. Failure to comply with this Bid Protest Procedure shall constitute a waiver of the right to protest and shall constitute a failure to exhaust the protesting bidder's administrative remedies.

13.

Alternates. If alternate bids are called for, the Contract may be awarded at the election of the

Governing Board to the lowest responsive and responsible bidder using the method and procedures outlined in the Notice Inviting Bids and as specified in the Section entitled Alternate/Deductive Bid

Alternates. a.

Subcontractor Listing for Alternates. If alternate bids are called for and the bidder intends to use different or additional subcontractors, a separate list of subcontractors must be submitted for each such alternate.

14.

Evidence of Responsibility. Upon the request of the District, a bidder whose bid is under consideration for the award of the Contract shall submit promptly to the District satisfactory evidence showing the bidder’s financial resources, surety and insurance claims experience, construction experience, completion ability, workload, organization available for the performance of the Contract, and other factors pertinent to a Project of the scope and complexity involved.

15.

Listing Subcontractors/Registration. Each bidder shall submit with his bid, on the form furnished with the Contract Documents, a list of the names, license numbers, scopes of work, locations of the places of business, contact information, and Department of Industrial Relations (“DIR”) registration numbers of each subcontractor who will perform work or labor or render service to the bidder in or about the project, or a subcontractor who under subcontract to the bidder, specially fabricates and installs a portion of the work, in an amount in excess of one-half of 1 percent of the bidder’s total bid as required by the

Subletting and Subcontracting Fair Practices Act (Public Contract Code section 4100, et seq.) Pursuant to

Labor Code section 1725.5, the successful bidder as the Contractor, and 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 Labor Code section 3700, the successful bidder as the Contractor shall secure payment of compensation to all employees. The

Contractor shall sign and file with the District the following certificate prior to performing the work under this contract: “I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing

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the performance of the work of this contract.” The form of such certificate is included as a part of the Bid

Documents.

17.

Contractor’s License. To perform the work required by this notice, the Contractor must possess the contractor’s license as specified in the Notice Inviting Bids, and the Contractor must maintain the license throughout the duration of the Contract. If, at the time of award of the Contract, bidder is not licensed to perform the Project in accordance with Division 3, Chapter 9, of the Business and Professions

Code for the State of California and the Notice to Contractors calling for bids, such bid will not be considered and the Contractor will forfeit its bid security to the District.

18.

Anti-Discrimination. It is the policy of the District that in connection with all work performed under contracts, there be no discrimination against any prospective or active employee engaged in the work because of race, color, ancestry, national origin, religious creed, sex, age, or marital status. The

Contractor agrees to comply with applicable federal and California laws, including, but not limited to, the

California Fair Employment and Housing Act, beginning with Government Code section 12900 and

Labor Code section 1735. In addition, the Contractor agrees to require like compliance by any subcontractors employed on the work by such Contractor.

19.

Preference for Materials and Substitutions. a.

One Product Specified. Unless the Plans and Specifications state that no Substitution is permitted, whenever the Contract Documents indicate any specific article, device, equipment, product, material, fixture, patented process, form, method, construction, or any specific name, make, trade name, or catalog number, with or without the words, “or equal,” such specification shall be read as if the language “or equal” is incorporated. b.

Request for Substitution. Bidder may, unless otherwise stated, offer any material, process, article, etc., which is materially equal or better in every respect to that so indicated or specified

(“Specified Item”) and will completely accomplish the purpose of the Contract Document. If bidder desires to offer a Substitution for a Specified Item, such bidder must make a request in writing on the

District’s Substitution Request Form (“Request Form”) and submit the completed Request Form with the bidder’s bid. The Request Form must be accompanied by evidence as to whether the proposed substitution:

1) Is equal in quality, service, and ability to the Specified Item as demonstrated by a side by side comparison of key characteristics and performance criteria (CSI

2)

3)

4)

5)

6) comparison chart);

Will entail no changes in detail, construction and scheduling of related work;

Will be acceptable in consideration of the required design and artistic effect;

Will provide no cost disadvantage to the District;

Will require no excessive or more expensive maintenance, including adequacy and availability of replacement parts; and

Will require no change in the Contract Time.

In completing the Request Form, bidder must state with respect to each requested substitution whether bidder will agree to provide the Specified Item in the event that the District denies bidder’s request for substitution of a Specified Item. In the event that bidder does not agree in the

Request Form to provide the Specified Item and the District denies the requested Substitution, the bidder’s bid shall be considered non-responsive and the District may award the Contract to the next lowest bidder or in its sole discretion, release all bidders. In the event that bidder has agreed in the

Request Form to provide the Specified Item and the District denies bidder’s requested substitution for a

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Instructions to Bidders

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Specified Item, bidder shall execute the Agreement and provide the Specified Item without any additional cost or charge to the District, and if bidder fails to execute the Agreement with the Specified Item(s), bidder’s bid bond will be forfeited.

After the bids are opened, the apparent lowest bidder shall provide, within five (5) calendar days of opening such bids, any and all Drawings, specification, samples, performance data, calculations, and other information as may be required to assist the Architect and the District in determining whether the proposed substitution is acceptable. The burden of establishing these facts shall be upon the bidder.

After the District’s receipt of such evidence by bidder, the District will make its final decision as to whether the bidder’s request for Substitution for any Specified Items will be granted. The

District shall have sole discretion in deciding as to whether a proposed request for Substitution is equal to or better than a Specified Item. Any request for Substitution which is granted by the District shall be documented and processed through a Change Order. The District may condition its approval of any

Substitution upon delivery to the District of an extended warranty or other assurances of adequate performance of the Substitution. Any and all risks of delay due to DSA, or any other governmental agency having jurisdiction shall be on the bidder.

20.

Disqualification of Bidders and Proposals. More than one proposal for the same work from any individual, firm, partnership, corporation, or association under the same or different names will not be accepted; and reasonable grounds for believing that any bidder is interested in more than one proposal for the work will be cause for rejecting all proposals in which such bidder is interested and the bidder will forfeit their bid security to the District.

21.

Unbalanced or Altered Bids. Proposals in which the prices are obviously unbalanced, and those which are incomplete or show any alteration of form, or contain any additions or conditional or alternate bids that are not called for or otherwise permitted, may be rejected. A proposal on which the signature of the bidder has been omitted may be rejected. If, in the District’s sole discretion, it determines any pricing, costs or other information submitted by a bidder may result in an unbalanced bid, the District may deem such bid non-responsive. A bid may be determined by the District to be unbalanced if the bid is based on prices significantly less than cost for some work and prices which are significantly overstated in relation to cost for other work, and if there is a reasonable doubt that the bid will result in the lowest overall cost to the District even though it may be the low evaluated bid, or if it is so unbalanced as to be tantamount to allowing an advanced payment.

22.

Employment of Apprentices. The Contractor and all Subcontractors shall comply with the provisions of California Labor Code including, but not limited to sections 1777.5, 1777.6, and 1777.7 concerning the employment of apprentices. The Contractor and any subcontractor under him shall comply with the requirements of said sections, including applicable portions of all subsequent amendments in the employment of apprentices; however, the Contractor shall have full responsibility for compliance with said Labor Code sections, for all apprentice-able occupations, regardless of any other contractual or employment relationships alleged to exist.

23.

Non-Collusion Declaration. Public Contract Code section 7106 requires bidders to submit declaration of non-collusion with their bids. This form is included with the bid documents and must be signed and dated by the bidder under penalty of perjury.

24.

Wage Rates, Travel and Subsistence.

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a.

The Contractor and all subcontractors shall comply with the requirements set forth in

Division 2, Part 7, Chapter 1 of the Labor Code. Pursuant to Labor Code section 1770 et seq., the District has obtained from the Director of the Department of Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which this work is to be performed for each craft, classification or type of worker needed to execute the contract.

Copies are available from the District to any interested party on request and are also available from the

Director of the Department of Industrial Relations. The Contractor shall obtain copies of the abovereferenced prevailing wage sheets and post a copy of such wage rates at appropriate, conspicuous, weatherproof points at the Site. b.

Any worker employed to perform work on the Project and such work is not covered by any classification listed in the published general prevailing wage rate determinations or per diem wages determined by the Director of the Department of Industrial Relations, shall be paid not less than the minimum rate of wages specified therein for the classification which most nearly corresponds to the employment of such person in such classification. c.

Holiday and overtime work, when permitted by law, shall be paid for at the rate set forth in the prevailing wage rate determinations issued by the Director of the Department of Industrial

Relations or at least one and one-half (1½) times the specified basic rate of per diem wages, plus employer payments, unless otherwise specified in the Contract Documents or authorized by law. d.

These per diem rates, including holiday and overtime work, and employer payments for health and welfare, pension, vacation, and similar purposes, are on file at the administrative office of the

District, located as noted above and are also available from the Director of the Department of Industrial

Relations. It is the Contractor’s responsibility to ensure the appropriate prevailing rates of per diem wages are paid for each classification. It shall be mandatory upon the Contractor to whom the Contract is awarded, and upon any subcontractor under such Contractor, to pay not less than the said specified rates to all workers employed by them in the execution of the Contract.

25.

DIR 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 Section 4104 of the Public

Contract Code, or engage in the performance of any contract for public work, as defined in the Labor

Code, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section

7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract

Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.

This Project is a public works project as defined in Labor Code section 1720. Each contractor bidding on this Project and all subcontractors (of any tier) performing any portion of the Work must comply with the Labor Code sections 1725.5 and 1771.1 and must be properly and currently registered with DIR and qualified to perform public works pursuant to Labor Code section 1725.5 throughout the duration of the Project. For more information and up to date requirements, contractors are recommended to periodically review the DIR's website at www.dir.ca.gov. Contractor shall be solely responsible for ensuring compliance with Labor Code section 1725.5 as well as any requirements implemented by DIR applicable to its services or its subcontractors throughout the term of the Agreement and in no event shall contractor be granted increased payment from the District or any time extensions to complete the Project as a result of contractor's efforts to maintain compliance with the Labor Code or any requirements implemented by the DIR. Failure to comply with these requirements shall be deemed a material breach of this Agreement and grounds for termination for cause. The contractor and all subcontractors shall furnish

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Instructions to Bidders

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certified payroll records as required pursuant Labor Code section 1776 directly to the Labor

Commissioner in accordance with Labor Code section 1771.4 on at least on a monthly basis (or more frequently if required by the District or the Labor Commissioner) and in a format prescribed by the Labor

Commissioner. The District reserves the right to withhold contract payments if the District is notified, or determines as the result of its own investigation, that contractor is in violation of any of the requirements set forth in Labor Code section 1720 et seq. at no penalty or cost to the District. Monitoring and enforcement of the prevailing wage laws and related requirements will be performed by the Labor

Commissioner/ Department of Labor Standards Enforcement (DLSE).

26.

No Telephone or Facsimile Availability. No telephone or facsimile machine will be available to bidders on the District premises at any time.

27.

Obtaining Bidding Documents. Bidding Documents, may be obtained from:

ARC Reprographics,

801 Broadway Sacramento, CA, 95818

Phone: (916) 443-1322

There will be a $150.00 non-refundable charge to purchase each set of bid documents. No partial sets will be available.

Bidder shall utilize a complete set of Bidding Documents in preparing a bid. The failure or omission of bidder to receive any Bidding Document, form, instrument, Addendum, or other document shall not relieve bidder from any obligations with respect to the bid and/or Contract.

28.

Addenda. Clarification or any other notice of a change in the Bidding Documents will be issued only by the District and only in the form of a written Addendum, transmitted by fax, e-mail, or available for pick up to all who are known by the issuing office to have received a complete set of Bidding

Documents. Any other purported Addenda are void and unenforceable.

Bidder is responsible for ascertaining the disposition of all Addenda issued regardless of District notification and to acknowledge all Addenda in the submitted sealed bid prior to the bid opening. Copies of Addenda will be made available for inspection wherever Bidding Documents are on file for inspection.

Each Addendum will be numbered, dated, and identified with the Project number. Oral statements or any instructions in any form, other than Addendum as described above, shall be void and unenforceable.

Addenda issued by the District and not noted as being acknowledged by bidder as required in the Bid

Form, may result in the bid being deemed non-responsive.

29.

Debarment. Bidder may also be subject to debarment, in addition to seeking remedies for False

Claims under Government Code section 12650 et seq. and Penal Code section 72, the District may debar a Contractor if the Board, or the Board may designate a hearing officer who, in his or her discretion, finds the Contractor has done any of the following: a.

Intentionally or with reckless disregard, violated any term of a contract with the District b.

Committed an act or omission which reflects on the Contractor's quality, fitness or capacity to perform work for the District;

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c.

honesty; or

Committed an act or offense which indicates a lack of business integrity or business d.

Made or submitted a false claim against the District or any other public entity (See

Government Code section 12650, et seq., and Penal Code section 72)

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TO:

DATE:

PRE-BID CLARIFICATION FORM

(For Contractor's Use)

PROJECT NAME:

PROJECT NUMBER:

Stephen Lane, RA

Sr. Project manager EMAIL: slane@hy-arch.com

FROM:

DOCUMENT/DIVISION

NUMBER:

REQUESTED CLARIFICATION:

EMAIL:

DRAWING

NUMBER:

RESPONSE TO CLARIFICATION:

Attach additional numbered sheets as necessary; however, only one (1) request shall be contained on each submitted form.

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CHECKLIST OF MANDATORY BID FORMS

(For Contractor’s use and reference only. Additional documents may be required so bidders should carefully review all Contract Documents and Bid Documents)

Bid Form

Designation of Subcontractors Form

Bid Bond (or Bid Guarantee Form if Security is Other Than Bid Bond)

Contractor's Certificate Regarding Workers’ Compensation

Non-Collusion Declaration

Substitution Request Form (If Substitution Request Form is not submitted then NO Substitutions will be allowed after the bids are opened)

Acknowledgment of Bidding Practices Regarding Indemnity

DVBE Participation Statement

Site Visit Certification

References

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CONTRACTOR

NAME:

ADDRESS:

TELEPHONE: ( )

FAX: ( )

EMAIL

BID FORM

Bryte Restroom Renovations

Bryte Elementary School

637 Todhunter Ave, West Sacramento, CA, 95605

Project No. BBR0010

Bid No. BBR0010

FOR

Washington Unified School District

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Bid Form

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TO: Washington Unified School District, acting by and through its Governing Board, herein called

“District”.

1.

Pursuant to and in compliance with your Notice Inviting Bids and other documents relating thereto, the undersigned bidder, having familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract, the cost of the work at the place where the work is to be done, with the Drawings and Specifications, and other Contract Documents, hereby proposes and agrees to perform within the time stipulated, the Contract, including all of its component parts, and everything required to be performed, including its acceptance by the District, and to provide and furnish any and all labor, materials, tools, expendable equipment, and utility and transportation services necessary to perform the Contract and complete all of the work in a workmanlike manner required in connection with the construction of:

BID NO. BBR0010

Bryte Restroom Renovations in the District described above, all in strict conformance with the drawings and other Contract Documents on file at the Purchasing Office of said District for amounts set forth herein.

2.

BIDDER ACKNOWLEDGES THE FOLLOWING ADDENDUM:

Number Number Number Number Number Number Number Number

Acknowledge the inclusion of all Addenda issued prior to bid in the blanks provided above. Your failure to do so may render your bid non-responsive.

3.

A. TOTAL CASH PURCHASE PRICE IN WORDS & NUMBERS:

____________________________________________________________________ DOLLARS

($ ____________________________)

4.

ALTERNATE BIDS: The following amounts shall be added to or deducted from the Base Bid at the District’s option. Alternates are fully described in the Specifications.

Alternate No. 1: ADD/DEDUCT ____________________ Dollars ($_________)

Alternate No. 2: ADD/DEDUCT ____________________ Dollars ($_________)

Alternate No. 3: ADD/DEDUCT ____________________ Dollars ($_________)

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5.

TIME FOR COMPLETION: The District may give a notice to proceed within ninety (90) days of the award of the bid by the District. Once the Contractor has received the notice to proceed, the

Contractor shall complete the work in the time specified in the Agreement. By submitting this bid,

Contractor has thoroughly studied this Project and agrees that the Contract Time for this Project is adequate for the timely and proper completion of the Project. Further, Contractor has included in the analysis of the time required for this Project, rain days, and the requisite time to complete the punch list.

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In the event that the District desires to postpone giving the notice to proceed beyond this ninety

(90) day period, it is expressly understood that with reasonable notice to the Contractor, giving the notice to proceed may be postponed by the District. It is further expressly understood by the Contractor, that the

Contractor shall not be entitled to any claim of additional compensation as a result of the postponement of giving the notice to proceed.

If the Contractor believes that a postponement will cause a hardship to it, the Contractor may terminate the contract with written notice to the District within ten (10) days after receipt by the

Contractor of the District’s notice of postponement. Should the Contractor terminate the Contract as a result of a notice of postponement, the District shall have the authority to award the Contract to the next lowest responsible bidder, if applicable.

It is understood that the District reserves the right to reject any or all bids and/or waive any irregularities or informalities in this bid or in the bid process. The Contractor understands that it may not withdraw this bid for a period of ninety (90) days after the date set for the opening of bids.

6.

It is understood that the District reserves the right to reject any or all bids and/or waive any irregularities or informalities in this bid or in the bid process. The Contractor understands that it may not withdraw this bid for a period of ninety (90) days after the date set for the opening of bids.

7.

Attached is bid security in the amount of not less than ten percent (10%) of the bid:

Bid bond (10% of the Bid), certified check, or cashier’s check (circle one)

8.

9.

The required List of Designated Subcontractors is attached hereto.

The required Non-Collusion Declaration is attached hereto.

10.

The Substitution Request Form, if applicable, is attached hereto.

11.

It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to the District a Contract in the form attached hereto in accordance with the bid as accepted, and that he or she will also furnish and deliver to the District the Performance Bond and

Payment Bond, all within five (5) calendar days after award of Contract, and that the work under the

Contract shall be commenced by the undersigned bidder, if awarded the Contract, by the start date provided in the District’s Notice to Proceed, and shall be completed by the Contractor in the time specified in the Contract Documents.

12.

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

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Bid Form

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(IMPORTANT NOTICE: If bidder or other interested person is a corporation, state the legal name of such corporation, as well as the names of the president, secretary, treasurer, and manager thereof; if a copartnership, state the true names of the firm, as well as the names of all individual co-partners comprising the firm; if bidder or other interested person is an individual, state the first and last names in full.)

13.

PROTEST PROCEDURES. If there is a bid protest, the grounds shall be submitted as set forth in the Instructions to Bidders.

14.

The undersigned bidder shall be licensed and shall provide the following California Contractor’s license information:

License Number:

License Expiration Date:

Name on License:

Class of License:

DIR Registration Number:

If the bidder is a joint venture, each member of the joint venture must include the above information.

15.

Time is of the essence regarding this Contract, therefore, in the event the bidder to whom the

Contract is awarded fails or refuses to post the required bonds and return executed copies of the

Agreement form within five (5) calendar days from the date of receiving the Notice of Award, the District may declare the bidder’s bid deposit or bond forfeited as damages.

16.

The bidder declares that he/she has carefully examined the location of the proposed Project, that he/she has examined the Contract Documents, including the Plans, General Conditions, Supplemental

Conditions (if any), Addenda, and Specifications, all others documents and requirements that are attached to and/or contained in the Project Manual, all other documents issued to bidders and read the accompanying instructions to bidders, and hereby proposes and agrees, if this proposal is accepted, to furnish all materials and do all work required to complete the said work in accordance with the Contract

Documents, in the time and manner therein prescribed for the unit cost and lump sum amounts set forth in this Bid Form.

17.

DEBARMENT. In addition to seeking remedies for False Claims under Government Code section 12650 et seq. and Penal Code section 72, the District may debar a Contractor if the Board, or the

Board may designate a hearing officer who, in his or her discretion, finds the Contractor has done any of the following: a.

Intentionally or with reckless disregard, violated any term of a contract with the District; b.

Committed an act or omission which reflects on the Contractor's quality, fitness or capacity to perform work for the District;

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c.

honesty; or

Committed an act or offense which indicates a lack of business integrity or business d.

Made or submitted a false claim against the District or any other public entity. (See

Government Code section 12650, et seq., and Penal Code section 72)

18.

DESIGNATION OF SUBCONTRACTORS. In compliance with the Subletting and

Subcontracting Fair Practices Act (California Public Contract Code section 4100 et seq.) and any amendments thereof, each bidder shall list subcontractors on the District's form Subcontractor list. This subcontractor list shall be submitted with the bid and is a required form

I agree to receive service of notices at the e-mail address listed below.

I the below-indicated bidder, declare under penalty of perjury that the information provided and representations made in this bid are true and correct.

Proper Name of Company

Name of Bidder Representative

Street Address

City, State, and Zip

( )

Phone Number

( )

Fax Number

E-Mail

By:

Signature of Bidder Representative

Date:

NOTE : If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signature of authorized officers or agents and the document shall bear the corporate seal; if bidder is a partnership, the true name of the firm shall be set forth above, together with the signature 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 above.

All signatures must be made in permanent blue ink.

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DESIGNATION OF SUBCONTRACTORS

ATTACHMENT NO. 1 TO BID FORM

In compliance with the Subletting and Subcontracting Fair Practices Act (California Public

Contract Code section 4100 et seq.,) and any amendments thereof, each Bidder shall set forth below: (a) the name, license number, and location of the place of business of each subcontractor who will perform work or labor or render service to the Contractor, who will perform work or labor or work or improvement to be performed under this Contract, or a subcontractor licensed by the State of California who, under subcontract to the Contractor, specially fabricates and installs a portion of the work or improvements according to detailed Drawings contained in the Plans and Specifications in an amount in excess of one-half of one percent of the Contractor’s total bid; and (b) the portion and description of the work which will be done by each subcontractor under this Act. The Contractor shall list only one subcontractor for each such portion as is defined by the Contractor in this bid. All subcontractors shall be properly licensed by the California State Licensing Board.

If a Contractor fails to specify a subcontractor, or if a Contractor specifies more than one subcontractor for the same portion of work to be performed under the Contract in excess of one-half of one percent of the Contractor’s total bid, the Contractor shall be deemed to have agreed that the

Contractor is fully qualified to perform that portion, and that the Contractor alone shall perform that portion of the work.

No Contractor whose bid is accepted shall (a) substitute any subcontractor, (b) permit any subcontractor to be voluntarily assigned or transferred or allow the relevant portion of the work to be performed by anyone other than the original subcontractor listed in the original bid, or (c) sublet or subcontract any portion of the work in excess of one-half of one percent of the Contractor’s total bid where the original bid did not designate a subcontractor, except as authorized in the Subletting and

Subcontracting Fair Practices Act.

Subletting or subcontracting of any portion of the work in excess of one-half of one percent of the

Contractor’s total bid where no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after a finding, reduced to writing as a public record, of the authority awarding this Contract setting forth the facts constituting the emergency or necessity.

All subcontractors (of any tier) performing any portion of the work must comply with the Labor

Code sections 1725.5 and 1771.1 and must be properly and currently registered with the California

Department of Industrial Relations and qualified to perform public works pursuant to Labor Code section

1725.5 throughout the duration of the Project.

NOTE: If alternate bids are called for and bidder intends to use different or additional subcontractors on the alternates, a separate list of subcontractors must be provided for each such Alternate.

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Designation of Subcontractors

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DESIGNATION OF SUBCONTRACTORS FORM

ATTACHMENT NO. 1 TO BID FORM

Description &

Portion of Work

Name of Subcontractor Location & Place of Business License Type and Number

E-Mail &

Telephone

*

DIR Registration

Number

*

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Description &

Portion of Work

Name of Subcontractor Location & Place of Business License Type and Number

E-Mail &

Telephone

*

DIR Registration

Number

*

* This information must be provided at the time of submission of bid or must be provided within 24 hours after the time set for the opening of bids. Bidders who choose to provide this information within 24 hours after the time set for the opening of bids are solely responsible to ensure the

District receives this information in a timely manner. The District is not responsible for any problems or delays associated with emails, faxes, delivery, etc. Absent a verified fax or email receipt date and time by the District, the District’s determination of whether the information was received timely shall govern and be determinative. Bidder shall not revise or amend any other information in this form submitted at the time of bid. The information submitted at the time of bid shall govern over any conflicts, discrepancies, ambiguities or other differences in any subsequent Subcontractor Designation Forms submitted by the bidder.

Proper Name of Bidder:

Date:

Name:

Signature of Bidder

Representative:

Address:

Phone:

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BID BOND FORM

ATTACHMENT NO. 2 TO BID FORM

KNOW ALL MEN BY THESE PRESENT that we, the undersigned, (hereafter called

“Principal”), and _________________________________________ (hereafter called “Surety”), are hereby held and firmly bound unto the Washington Unified School District (hereafter called

“District”) in the sum of _______________________________ ($______________) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors, and assigns.

SIGNED this __________ day of ________________________, 20___.

The condition of the above obligation is such that whereas the Principal has submitted to the District a certain Bid, attached hereto and hereby made a part hereof, to enter into a Contract in writing for the construction

____________________________________________________________. of

NOW, THEREFORE, a.

If said Bid is rejected, or b.

If said Bid is accepted and the Principal executes and delivers a Contract or the attached Agreement form within five (5) calendar days after acceptance (properly completed in accordance with said Bid), and furnishes bonds for his faithful performance of said Contract and for payment of all persons performing labor or furnishing materials in connection therewith,

Then this obligation shall be void; otherwise, the same shall remain in force and effect.

Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or the call for bids, or the work to be performed thereunder, or the specifications accompanying the same, shall in anyway affect its obligation under this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of said Contract, or the call for bids, or the work, or to the specifications.

In the event suit is brought upon this bond by the District and judgment is recovered, the

Surety shall pay all costs incurred by the District in such suit, including without limitation, attorneys’ fees to be fixed by the court.

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IN WITNESS WHEREOF, Principal and Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, on the day and year first set forth above.

(Corporate Seal)

(Corporate Seal)

(Attached Attorney in Fact Certificate)

By

By

Principal’s Signature

Principal’s Title

Surety’s Signature

Typed or Printed Name

Typed or Printed Name

Title

Surety’s Name

Surety’s Address

Surety’s Phone Number

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BID GUARANTEE FORM

(Use only when not using a Bid Bond)

ATTACHMENT NO. 2 TO BID FORM

Accompanying this proposal is a cashier’s check payable to the order of the Washington Unified

School District or a certified check payable to the order of the Washington Unified School District in an amount equal to ten percent (10%) of the base bid and alternates ($___________________).

The proceeds of this check shall become the property of said District, if, this proposal shall be accepted by the District through the District’s Governing Board, and the undersigned fails to execute a

Contract with and furnish the sureties required by the District within the required time; otherwise, said check is to be returned to the undersigned.

Bidder

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Bid Guarantee Form

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CONTRACTOR’S CERTIFICATE REGARDING WORKERS’ COMPENSATION

FORM

ATTACHMENT NO. 3 TO BID FORM

Labor Code section 3700 in relevant part provides:

Every employer except the State shall secure the payment of compensation in one or more of the following ways:

1.

By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State.

2.

By securing from the Director of Industrial Relations a certificate of consent to self-insure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to selfinsure and to pay any compensation that may become due to employees.

3.

For any county, city, city and county, municipal corporation, public district, public agency, or any political subdivision of the state, including each member of a pooling arrangement under a joint exercise of powers agreement (but not the state itself), by securing from the Director of Industrial Relations a certificate of consent to self-insure against workers’ compensation claims, which certificate may be given upon furnishing proof satisfactory to the director of ability to administer workers’ compensation claims properly, and to pay workers’ compensation claims that may become due to its employees. On or before

March 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 completed and executed application for a certificate of consent to self-insure against workers’ compensation claims. The certificate shall be issued and be subject to the provisions of Section 3702.

I am aware of the provisions of Labor Code section 3700 which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provision before commencing the performance of the work of this Contract.

(Signature)

(Print)

(Date)

In accordance with Article 5 (commencing at Section 1860), Chapter 1, Part 7, Division 2 of the

Labor Code, the above certificate must be signed and submitted with the Contractor’s bid.

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Workers’ Compensation Form

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NON-COLLUSION DECLARATION

ATTACHMENT NO. 4 TO BID FORM

The undersigned declares:

I am the _____________________ [Title] of _______________________________ [Name of

Company], the party making the foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________________ [Date], at

___________________ [City], _______________ [State].

Signed: _________________________________

Typed Name: ___________________________

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Non-Collusion Declaration

Page 28

REQUEST FOR SUBSTITUTION AT TIME OF BID

ATTACHMENT NO. 5 TO BID FORM

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

Pursuant to Public Contract Code section 3400, bidder submits the following request to Substitute with the bid that is submitted. I understand that if the request to substitute is not “an/or equal” or is not accepted by District and I answer “no” I will not provide the specified item, then I will be held nonresponsive and my bid will be rejected. With this understanding, I hereby request Substitution of the following articles, devices, equipment, products, materials, fixtures, patented processes, forms, methods, or types of construction:

1.

Specification Section

Specified

Item

Requested

Substituted Item

Contractor

Agrees to

Provide

Specified Item if request to

Substitute is

Denied

1

(circle one)

Yes

District Decision

(circle one)

No Grant Deny

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

No Grant

No Grant

No Grant

No Grant

No Grant

No Grant

No Grant

No Grant

No Grant

No Grant

No Grant

Deny

Deny

Deny

Deny

Deny

Deny

Deny

Deny

Deny

Deny

Deny

1

Bidder must state whether bidder will provide the Specified Item in the event the Substitution request is evaluate and denied.

If bidder states that bidder will not provide the Specified Item the denial of a request to Substitute shall result in the rejection of the bidder as non-responsive. However, if bidder states that bidder will provide the Specified Item in the event that bidder’s request for Substitution is denied, bidder shall execute the Agreement and provide the Specified Item(s). If bidder refuses to execute the Agreement due to the District's decision to require the Specified Item(s) at no additional cost, bidder’s Bid Bond shall be forfeited.

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Request for Substitution

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This Request Form must be accompanied by evidence as to whether the proposed Substitution (1) is equal in quality, service, and ability to the Specified Item; (2) will entail no change in detail, construction, and scheduling of related work; (3) will be acceptable in consideration of the required design and artistic effect; (4) will provide no cost disadvantage to the District; (5) will require no excessive or more expensive maintenance, including adequacy and availability of replacement parts; (6) will require no change of the construction schedule or milestones for the Project; and, (7) Contractor agrees to pay for any DSA Fees or other Governmental Plan check costs associated with this Substitution

Request.

The undersigned states that the following paragraphs are correct:

1.

The proposed Substitution does not affect the dimensions shown on the Drawings.

2.

The undersigned will pay for changes to the building design, including Architect, engineering, or other consultant design, detailing, DSA plan check or other governmental plan check costs, and construction costs caused by the requested substitution.

3.

The proposed substitution will have no adverse effect on other trades, the Contract Time, or specified warranty requirements.

Maintenance and service parts will be available locally for the proposed substitution. 4.

5.

In order for the Architect to properly review the substitution request, within five (5) days following the opening of bids, the Contractor shall provide samples, test criteria, manufacturer information, and any other documents requested by Architect or Architect's engineers or consultants, including the submissions that would ordinarily be required for

Shop Drawings along with a document which provides a side by side comparison of key characteristics and performance criteria (often known as a CSI side by side comparison chart).

6.

If Substitution Request is accepted by the District, Contractor is still required to provide a

Submittal for the substituted item pursuant to the General Conditions and shall provide required Schedule information (including schedule fragnets, if applicable) for the substituted item. The approval of the Architect, Engineer, or District of the substitution request does not mean that the Contractor is relieved of Contractor’s responsibilities for

Submittals, Shop Drawings, and schedules under the General Conditions if the Contractor is awarded the Project.

Name of Bidder:

By:

District:

By:

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Request for Substitution

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ACKNOWLEDGMENT OF BIDDING PRACTICES REGARDING INDEMNITY FORM

ATTACHMENT NO. 6 TO BID FORM

TO: Washington Unified School District

RE: Project / Bid Number

Construction Contract for

Please be advised that with respect to the above-referenced Project the undersigned Contractor on behalf of itself and all Contractor’s subcontractors hereby waives the benefits and protection of Labor

Code section 3864, which provides:

“If an action as provided in this chapter is prosecuted by the employee, the employer, or both jointly against the third person results in judgment against such third person, the employer shall have no liability to reimburse or hold such third person harmless on such judgment or settlement in the absence of a written agreement to do so executed prior to the injury.”

This Agreement has been signed by an authorized representative of the contracting party and shall be binding upon its successors and assignees. The undersigned further agrees to promptly notify the

District of any changes of ownership of the contracting party or any subcontractor while this Agreement is in force.

Contracting Party

Name of Agent/Title

Bryte Restroom Renovations Acknowledgment Of Bidding Practices Regarding Indemnity

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DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) PARTICIPATION

STATEMENT AT TIME OF BID

ATTACHMENT NO. 7 TO BID FORM

Each bidder must complete this form in order to comply with the Washington Unified School

District (“District”) policy for participation of disabled veteran business enterprises (School District projects funded in whole or in part by the State of California pursuant to the Leroy F. Greene School

Facilities Act of 1998. (Education Code §17070.10, et seq .)

Project Name:

Bid No.:

DSA No.:

The undersigned, on behalf of the Contractor named below, certifies that the Contractor has made reasonable efforts to secure participation by DVBE in the Contract to be awarded for the abovereferenced Bid No., including participation by DVBE subcontractors and/or material suppliers.

Check only one of the following :

The Contractor was unable after reasonable efforts to secure DVBE participation in the Contract for the above-referenced Project/Bid No. However, the Contractor will use DVBE services if the opportunity arises at any time during construction of the Project. Upon completion of the Project, the Contractor will report to the District the total dollar amount of DVBE participation in any

Contract awarded to Contractor, and in any change orders, for the above-referenced Project.

The Contractor has secured DVBE participation in the Contract for the above referenced

Project/Bid No., and anticipates that such DVBE participation will equal approximately

__________________dollars ($____________ ), which represents approximately

___________________percent ( ___ %) of the total Contract for such Project. Upon completion of the Project, Contractor will report to the District the actual total dollar amount of DVBE participation in the Contract awarded to Contractor, and in any change orders, for such Project

Company:

Name:

Title:

Signature:

Date:

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DVBE Participation Statement Form

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SITE VISIT CERTIFICATION

ATTACHMENT NO. 8 TO BID FORM

I certify that I have visited the site of the proposed work and have fully acquainted myself with the conditions of the Project site, as well as those relating to construction and labor of the Project, and I fully understand the facilities, difficulties, and restrictions which may impact the total and adequate completion of the Project.

I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

I agree to fully defend, indemnify and hold harmless the DISTRICT, Architect, Inspectors, Construction

Manager (if any), and their directors, officers, employees, agents and volunteers from any damages, costs, expenses, or omissions related to conditions that could or should have been identified during my visit to the site.

Signature of Bidder:

Typed Name of Bidder:

State of California

County of __________________

SUBSCRIBED AND SWORN TO (OR AFFIRMED) BEFORE ME on this _____ day of

_________________, 20_____, by _________________________________________________

_____________________________________________________________________________, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.

(Seal)

My Commission Expires:

(Notary Public)

(Expiration Date)

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Site Visit Certification

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REFERENCES

ATTACHMENT NO. 9 TO BID FORM

1. The DISTRICT expressly reserves the right to reject the proposal of any Bidder who, upon investigation, has been determined to fail to complete similar Contracts in a timely fashion or in a satisfactory manner. Such rejection would, if applicable, be based upon the principle that the Bidder is “non-responsible” and poses a substantial risk of being unable to supply the material, equipment, or services to complete the work in a cost-effective, professional and timely manner. The Bidder must complete and submit the attached form; failure to do so may be sufficient cause for the DISTRICT to reject the Bidder’s bid as non-responsive.

2. In performing the above-described responsibility determination, the DISTRICT reserves the right to utilize all possible sources of information in making its determination, including but not limited to: inquiries to regulatory State boards and agencies; Dun and Bradstreet credit reports, inquiries to companies and public entities for which the Bidder has previously supplied material or performed work, reference checks and examination of all public records.

3. The Bidder must also demonstrate knowledge of school purchasing and business techniques and should possess a working ability and experience in providing similar material to a public agency. The Bidder shall furnish the names, current phone numbers, addresses, points of contact, and scope of work of at least five (5) customers served within the past three (3) years with requirements similar to the needs of the Washington Unified School District.

4. Failure to furnish the references

(in the complete format required)

may cause your proposal to be rejected as non-responsive.

5. only)

EXAMPLE: Your references should be listed in the following format (facts are example

(a)

(b)

(c)

(d)

Work for X Y Z Unified School District

Phone # (222) 123-4567

999 Holly Drive, L. A., CA 92000

Contact: J. Q. Jones III at above #

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References

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6. Reference #1

District or Entity:

Phone No.:

Address:

Name of Contact:

Reference #2

District or Entity:

Phone No.:

Address:

Name of Contact:

Reference #3

District or Entity:

Phone No.:

Address:

Name of Contact:

By:

Reference #4

District or Entity:

Phone No.:

Address:

Name of Contact:

Reference #5

District or Entity:

Phone No.:

Address:

Name of Contact:

Signature of Bidder

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Date:

References

Page 35

CONTRACT FORMS

Bid No. BRR0010

Bryte Restroom Renovations

Bryte Elementary School

637 Todhunter Ave, West Sacramento, CA, 95691

Project No. BRR0010

For Washington Unified School District

(For Contractor’s use and reference only. Additional documents may be required so bidders should carefully review all Contract Documents and Bid Documents)

CONTRACTOR

NAME:

ADDRESS:

TELEPHONE: ( )

FAX: ( )

EMAIL

Form Agreement

Payment Bond

Performance Bond

Contractor’s Certificate Regarding Drug-Free Work Place

Contractor’s Certificate Regarding Alcoholic Beverage and Tobacco-Free

Campus Policy

Guarantee

Contractor DVBE Participation Close-Out Statement

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Contract Forms

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Escrow Agreement for Security Deposits In Lieu of Retention

Insurance Documents and Endorsements

Contractor Certification Regarding Background Checks and Attachment “A”

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Contract Forms

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AGREEMENT

THIS AGREEMENT , entered into this____ day of___________, 20__ in the County of

____________ of the State of California, by and between the Washington Unified School District, hereinafter called the “District”, and ________________________, hereinafter called the “Contractor”. follows:

WITNESSETH that the District and the Contractor for the consideration stated herein agree as

ARTICLE I - SCOPE OF WORK : The Contractor shall furnish all labor, materials, equipment, tools, and utility and transportation services, and perform and complete all work required in connection with Bryte Restroom Renovations (“Project”) in strict accordance with the Contract

Documents enumerated in Article 7 below. The Contractor shall be liable to the District for any damages arising as a result of a failure to comply with that obligation, and the Contractor shall not be excused with respect to any failure to so comply by an act or omission of the Architect, Engineer, Inspector, Division of the State Architect (DSA), or representative of any of them, unless such act or omission actually prevents the Contractor from fully complying with the Contract Documents and the Contractor protests, in accordance with the Contract Documents, that the act or omission is preventing the Contractor from fully complying with the Contract Documents. Such protest shall not be effective unless reduced to writing and filed with the District office within seven (7) days of the date of occurrence of such act or omission preventing the Contractor from fully complying with the Contract Documents.

ARTICLE 2 - TIME OF COMPLETION : The District may give notice to proceed within ninety (90) days of the award of the bid by the District. Once the Contractor has received a notice to proceed, the Contractor shall complete the Project (See Article 47) of the work within sixty (60) calendar days from receipt of the Notice to Proceed. This shall be called Contract Time. It is expressly understood that time is of the essence.

Contractor has thoroughly studied the Project and has satisfied itself that the time period for this

Project was adequate for the timely and proper completion of the Project within each milestone and within the Contract Time.

In the event that the District desires to postpone giving the notice to proceed beyond this ninety

(90) day period, it is expressly understood that with reasonable notice to the Contractor, giving the notice to proceed may be postponed by the District. It is further expressly understood by the Contractor, that the

Contractor shall not be entitled to any claim of additional compensation as a result of the District's postponement of giving the notice to proceed.

If the Contractor believes that a postponement will cause hardship to it, the Contractor may terminate the Contract with written notice to the District within ten (10) days after receipt by the

Contractor of the District's notice of postponement. It is further understood by the Contractor that in the event that the Contractor terminates the Contract as a result of postponement by the District, the District shall only be obligated to pay the Contractor for the work performed by the Contractor at the time of notification of postponement. Should the Contractor terminate the Contract as a result of a notice of postponement, the District shall have the authority to award the Contract to the next lowest responsible bidder.

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Form Agreement

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ARTICLE 3 - LIQUIDATED DAMAGES : It being impracticable and infeasible to determine the amount of actual damage, it is agreed that the Contractor will pay the District the sum of FIVE

HUNDRED DOLLARS _ ($500.00) per calendar day for each and every day of delay beyond the

Contract Time set forth in Article 2 of this Agreement (inclusive of Milestones that are critical on the critical path or noted as critical to the District) as liquidated damages and not as a penalty or forfeiture. In the event liquidated damages are not paid, the Contractor further agrees that the District may deduct such amount thereof from any money due or that may become due the Contractor under the Contract. This

Article shall not be construed as preventing the District from the recovery of damages (actual or other) under the Contract Documents.

ARTICLE 4 - CONTRACT PRICE : he District shall pay to the Contractor as full consideration for the faithful performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, the sum of ____________________________________ DOLLARS

($_______________________), said sum being the total amount stipulated in the Bid Contractor submitted. Payment shall be made as set forth in the General Conditions.

Should any Change Order result in an increase in the Contract Price, the cost of such Change

Order shall be agreed to in advance by the Contractor and the District, subject to the monetary limitations set forth in Public Contract Code section 20118.4. In the event that the Contractor proceeds with a

Change in work without an agreement between the District and Contractor regarding the cost of a Change

Order, the Contractor waives any Claim of additional compensation for such additional work.

ARTICLE 5 - HOLD HARMLESS AGREEMENT : Contractor shall defend, indemnify and hold harmless District, Architect, Construction Manager (if any), Inspector, the State of California and their officers, employees, agents and independent contractors from all liabilities, claims, actions, liens, judgments, demands, damages, losses, costs or expenses of any kind arising from death, personal injury, property damage or other cause based or asserted upon any act, omission, or breach connected with or arising from the progress of work or performance of service under this Agreement or the Contract

Documents. As part of this indemnity, Contractor shall protect and defend, at its own expense, District,

Architect, Construction Manager (if any), Inspector, the State of California and their officers, employees, agents and independent contractors from any legal action including attorney’s fees or other proceeding based upon such act, omission, breach or as otherwise required by this Article.

Furthermore, Contractor agrees to and does hereby defend, indemnify and hold harmless District,

Architect, Construction Manager (if any), Inspector, the State of California and their officers, employees, agents and independent contractors from every claim or demand made, and every liability, loss, damage, expense or attorney’s fees of any nature whatsoever, which may be incurred by reason of:

(a) Liability for (1) death or bodily injury to persons; (2) damage or injury to, loss (including theft), or loss of use of, any property; (3) any failure or alleged failure to comply with any provision of law or the Contract Documents; or (4) any other loss, damage or expense, sustained by any person, firm or corporation or in connection with the work called for in this Agreement or the Contract Documents, except for liability resulting from the sole or active negligence, or the willful misconduct of the District.

(b) Any bodily injury to or death of persons or damage to property caused by any act, omission or breach of Contractor or any person, firm or corporation employed by Contractor, either directly or by independent contract, including all damages or injury to or death of persons, loss (including theft) or loss of use of any property, sustained by any person, firm or corporation, including the District, arising out of or in any way connected with work covered by this Agreement or the Contract Documents,

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Form Agreement

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whether said injury or damage occurs either on or off District property, but not for any loss, injury, death or damages caused by the sole or active negligence or willful misconduct of the District.

(c) Any dispute between Contractor and Contractor’s subcontractors/supplies/ Sureties, including, but not limited to, any failure or alleged failure of the Contractor (or any person hired or employed directly or indirectly by Contractor) to pay any Subcontractor or Materialman of any tier or any other person employed in connection with the work and/or filing of any stop notice or mechanic’s lien claims.

Contractor, at its own expense, cost, and risk, shall defend any and all claims, actions, suits, or other proceedings that may be brought or instituted against the District, its officers, agents or employees, on account of or founded upon any cause, damage, or injury identified herein Article 5 and shall pay or satisfy any judgment that may be rendered against the District, its officers, agents or employees in any action, suit or other proceedings as a result thereof.

The Contractor’s and Subcontractors’ obligation to defend, indemnify and hold harmless the

Owner, Architect, Inspector, the State of California and their officers, employees, agents and independent contractors hereunder shall include, without limitation, any and all claims, damages, and costs for the following: (1) any damages or injury to or death of any person, and damage or injury to, loss (including theft), or loss of use of, any property; (2) breach of any warranty, express or implied; (3) failure of the

Contractor or Subcontractors to comply with any applicable governmental law, rule, regulation, or other requirement; (4) products installed in or used in connection with the Work; and (5) any claims of violation of the Americans with Disabilities Act (“ADA”)

ARTICLE 6 - PROVISIONS REQUIRED BY LAW : Each and every provision of law and clause required to be inserted in this Contract shall be deemed to be inserted herein, and this Contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted or is not inserted correctly, then upon application of either party the

Contract shall forthwith be physically amended to make such insertion or correction.

ARTICLE 7 - COMPONENT PARTS OF THE CONTRACT : The Contract entered into by this Agreement consists of the following Contract Documents, all of which are component parts of the

Contract as if herein set out in full or attached hereto:

Notice Inviting Bids

Instructions to Bidders

Bid Form

Designation of Subcontractors

Bid Bond

Bid Guarantee Form

Contractor’s Certificate Regarding Worker’s Compensation

Non-Collusion Declaration

Substitution Request Form

Acknowledgment of Bidding Practices Regarding Indemnity

DVBE Participation Statement

Site Visit Certification

References

Form Agreement

Payment Bond

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Form Agreement

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Performance Bond

Contractor’s Certificate Regarding Drug-Free Workplace

Contractor’s Certificate Regarding Alcohol and Tobacco

Guarantee

Contractor DVBE Close-Out Statement

Escrow Agreement for Security Deposit In Lieu of Retention

Insurance Documents and Endorsements

Contractor’s Certificate Regarding Background Checks

General Conditions

Supplementary and Special Conditions (if any)

Specifications

All Addenda as Issued

Drawings/Plans

All of the above named Contract Documents are intended to be complementary. Work required by one of the above named Contract Documents and not by others shall be done as if required by all.

ARTICLE 8 - PREVAILING WAGES : Wage rates for this Project shall be in accordance with the general prevailing rate of holiday and overtime work in the locality in which the work is to be performed for each craft, classification, or type of work needed to execute the Contract as determined by the Director of the Department of Industrial Relations. Copies of schedules of rates so determined by the

Director of the Department of Industrial Relations are on file at the administrative office of the District and are also available from the Director of the Department of Industrial Relations. Monitoring and enforcement of the prevailing wage laws and related requirements will be performed by the Labor

Commissioner/ Department of Labor Standards Enforcement (DLSE).

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

1. Chapter 1 of Part 7 of Division 2 of the Labor Code (Section 1720 et seq.)

2.

16000 et seq.)

California Code of Regulations, Title 8, Chapter 8, Subchapters 3 through 6 (Section

ARTICLE 9 - RECORD AUDIT : In accordance with Government Code section 8546.7(and

Davis Bacon, if applicable) and the General Conditions, records of both the District and the Contractor shall be subject to examination and audit for a period of five (5) years after a Final Retention Payment or the Recording of a Notice of Completion, whichever occurs first.

ARTICLE 10 - CONTRACTOR’S LICENSE : The Contractor must possess throughout the

Project a Class B Contractor’s License, issued by the State of California, which must be current and in good standing.

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IN WITNESS WHEREOF , this Agreement has been duly executed by the above named parties, on the day and year first above written.

Washington Unified School District CONTRACTOR:

By:

Typed or Printed Name

Dated: ______________________________

Title

______________________________________

Signature

Type or Printed Name

Title (Authorized Officers or Agents)

______________________________________

Signature

(CORPORATE SEAL)

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Form Agreement

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PAYMENT BOND

(CALIFORNIA PUBLIC WORK)

KNOW ALL MEN BY THESE PRESENTS:

THAT WHEREAS, the Washington Unified School District (sometimes referred to hereinafter as

“Obligee”) has awarded to __________________________________ (hereinafter designated as the

“Principal” or “Contractor”), an agreement for the work described as follows:

____________________________________ (hereinafter referred to as the “Public Work or Project”); and

WHEREAS, said Contractor is required to furnish a bond in connection with said Contract, and pursuant to California Civil Code section 9550;

NOW, THEREFORE, We, _______________________________________, the undersigned

Contractor, as Principal; and ________________________________, a corporation organized and existing under the laws of the State of ________________, and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the Washington Unified

School District and to any and all persons, companies, or corporations entitled by law to file stop notices under California Civil Code section 9100, or any person, company, or corporation entitled to make a claim on this bond, in the sum being not less than one hundred percent (100%) of the total amount payable by said Obligee under the terms of said Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, its heirs, executors, administrators, successors, or assigns, or subcontractor, shall fail to pay any person or persons named in

Civil Code section 9100; or fail to pay for any materials, provisions, or other supplies, used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code, with respect to work or labor thereon of any kind; or shall fail to deduct, withhold, and pay over to the Employment Development Department, any amounts required to be deducted, withheld, and paid over by Unemployment Insurance Code section

13020 with respect to work and labor thereon of any kind, then said Surety will pay for the same, in an amount not exceeding the amount herein above set forth, and in the event suit is brought upon this bond, also will pay such reasonable attorneys’ fees as shall be fixed by the court, awarded and taxed as provided in California Civil Code section 9550 et seq.

This bond shall inure to the benefit of any person named in Civil Code section 9100 giving such person or his/her assigns a right of action in any suit brought upon this bond.

It is further stipulated and agreed that the Surety of this bond shall not be exonerated or released from the obligation of the bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, Plans, or specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described; or pertaining or relating to the furnishing of labor, materials, or equipment therefor; nor by any change or modification of any terms of payment or extension of time for payment pertaining or relating to any scheme or work of improvement herein above

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described; nor by any rescission or attempted rescission of the contract, agreement or bond; nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond; nor by any fraud practiced by any person other than the claimant seeking to recover on the bond; and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given; and under no circumstances shall the Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the Obligee and the Contractor or on the part of any Obligee named in such bond; that the sole condition of recovery shall be that the claimant is a person described in California Civil Code section 9100, and who has not been paid the full amount of his or her claim; and that the Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned.

IN WITNESS WHEREOF this instrument has been duly executed by the Principal and Surety above named, on the___________ day of ___________________, 20___.

PRINCIPAL/CONTRACTOR:

By:

SURETY:

By:

Attorney-in-Fact

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IMPORTANT: THIS IS A REQUIRED FORM.

Surety companies executing bonds must possess a certificate of authority from the California Insurance

Commissioner authorizing them to write surety insurance defined in California Insurance Code section

105, and if the work or project is financed, in whole or in part, with federal, grant or loan funds, Surety’s name must also appear on the Treasury Department’s most current list (Circular 570 as amended).

Any claims under this bond may be addressed to:

(Name and Address of Surety)

Telephone:

(Name and Address of agent or representative for service for service of process in California)

Telephone:

STATE OF CALIFORNIA

COUNTY OF

)

) ss,

)

On ___________________________ before me, ____________________________________, a Notary

Public in and for said State, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument as the Attorney-in-Fact of the _____________________ (Surety) and acknowledged to me that he/she/they subscribed the name of the _____________________ (Surety) thereto and his own name as Attorney-in-Fact on the executed instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Notary Public in and for said State

Commission expires:

(SEAL)

NOTE: A copy of the power-of-attorney to local representatives of the bonding company must be attached hereto.

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PERFORMANCE BOND

(CALIFORNIA PUBLIC WORK)

KNOW ALL MEN BY THESE PRESENTS:

THAT WHEREAS, the Washington Unified School District (sometimes referred to hereinafter as

“Obligee”) has awarded to ___________________________________________ (hereinafter designated as the “Principal” or “Contractor”), an agreement for the work described as follows:

____________________________________ (hereinafter referred to as the “Public Work or Project”); and

WHEREAS, the work to be performed by the Contractor is more particularly set forth in that certain contract for said Public Work dated _____________ ____________________, (hereinafter referred to as the “Contract”), which Contract is incorporated herein by this reference; and

WHEREAS, the Contractor is required by said Contract to perform the terms thereof and to provide a bond both for the performance and guaranty thereof.

NOW, THEREFORE, we, ______________________________________, the undersigned

Contractor, as Principal, and ________________________________, a corporation organized and existing under the laws of the State of ________________, and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the Washington Unified

School District in the sum being not less than one hundred percent (100%) of the total amount payable by said Obligee under the terms of said Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the bounded Contractor, his or her heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in said Contract and any alteration thereof made as therein provided, on his or her part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill guarantees of all materials and workmanship; and indemnify, defend and save harmless the

Obligee, its officers and agents, as stipulated in said Contract, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

The Surety, for value received, hereby stipulates and agrees that it shall not be exonerated or released from the obligation of this bond (either by total exoneration or pro tanto) by any change, extension of time, alteration in or addition to the terms of the contract or to the work to be performed there under or the specifications accompanying the same, nor by any change or modification to any terms of payment or extension of time for any payment pertaining or relating to any scheme of work of improvement under the contract. Surety also stipulates and agrees that it shall not be exonerated or released from the obligation of this bond (either by total exoneration or pro tanto) by any overpayment or underpayment by the Obligee that is based upon estimates approved by the Architect. The Surety stipulates and agrees that none of the aforementioned changes, modifications, alterations, additions, extension of time or actions shall in any way affect its obligation on this bond, and it does hereby waive notice of any such changes, modifications, alterations, additions or extension of time to the terms of the

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contract, or to the work, or the specifications as well notice of any other actions that result in the foregoing.

Whenever Principal shall be, and is declared by the Obligee to be, in default under the Contract, the Surety shall promptly either remedy the default, or shall promptly take over and complete the Contract through its agents or independent contractors, subject to acceptance and approval of such agents or independent contractors by Obligee as hereinafter set forth, in accordance with its terms and conditions and to pay and perform all obligations of Principal under the Contract, including, without limitation, all obligations with respect to warranties, guarantees and the payment of liquidated damages; or, at Obligee’s sole discretion and election, Surety shall obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Obligee of the lowest responsible bidder, arrange for a contract between such bidder and the Obligee and make available as work progresses (even though there should be a default or succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the “balance of the

Contract price” (as hereinafter defined), and to pay and perform all obligations of Principal under the

Contract, including, without limitation, all obligations with respect to warranties, guarantees and the payment of liquidated damages. The term “balance of the Contract price,” as used in this paragraph, shall mean the total amount payable to Principal by the Obligee under the Contract and any modifications thereto, less the amount previously paid by the Obligee to the Principal, less any withholdings by the

Obligee allowed under the Contract. Obligee shall not be required or obligated to accept a tender of a completion contractor from the Surety.

Surety expressly agrees that the Obligee may reject any agent or contractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Principal. Unless otherwise agreed by Obligee, in its sole discretion, Surety shall not utilize Principal in completing the

Contract nor shall Surety accept a bid from Principal for completion of the work in the event of default by the Principal.

No final settlement between the Obligee and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

The Surety shall remain responsible and liable for all patent and latent defects that arise out of or relate to the Contractor’s failure and/or inability to properly complete the Public Work as required by the

Contract and the Contract Documents. The obligation of the Surety hereunder shall continue so long as any obligation of the Contractor remains.

Contractor and Surety agree that if the Obligee is required to engage the services of an attorney in connection with enforcement of the bond, Contractor and Surety shall pay Obligee’s reasonable attorneys’ fees incurred, with or without suit, in addition to the above sum.

In the event suit is brought upon this bond by the Obligee and judgment is recovered, the Surety shall pay all costs incurred by the Obligee in such suit, including reasonable attorneys’ fees to be fixed by the Court.

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IN WITNESS WHEREOF, we have hereunto set our hands and seals this _____ day of

_____________, 20___.

PRINCIPAL/CONTRACTOR:

By:

SURETY:

By:

Attorney-in-Fact

The rate of premium on this bond is ______________________________ per thousand.

The total amount of premium charged: $__________________________ (This must be filled in by a corporate surety).

IMPORTANT: THIS IS A REQUIRED FORM.

Surety companies executing bonds must possess a certificate of authority from the California Insurance

Commissioner authorizing them to write surety insurance defined in California Insurance Code section

105, and if the work or project is financed, in whole or in part, with federal, grant or loan funds, Surety’s name must also appear on the Treasury Department’s most current list (Circular 570 as amended).

Any claims under this bond may be addressed to:

(Name and Address of Surety)

Telephone:

(Name and Address of agent or representative for service for service of process in California)

Telephone:

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STATE OF CALIFORNIA

COUNTY OF

)

) ss,

)

On ____________________________, before me, _________________________, a Notary Public in and for said State, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument as the Attorney-in-Fact of the _____________________ (Surety) and acknowledged to me that he/she/they subscribed the name of the _____________________ (Surety) thereto and his own name as

Attorney-in-Fact on the executed instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Notary Public in and for said State

Commission expires:

(SEAL)

NOTE: A copy of the power-of-attorney to local representatives of the bonding company must be attached hereto.

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CONTRACTOR’S CERTIFICATE REGARDING DRUG-FREE WORKPLACE

This Drug-Free Workplace Certification form is required from all successful bidders pursuant to the requirements mandated by Government Code section 8350 et seq., the Drug-Free Workplace Act of 1990. The

Drug-Free Workplace Act of 1990 requires that every person or organization awarded a contract or grant for the procurement of any property or service from any State agency must certify that it will provide a drug-free workplace by performing certain specified acts. In addition, the Act provides that each contract or grant awarded by a State agency may be subject to suspension of payments or termination of the contract or grant, and the Contractor or grantee may be subject to debarment from future contracting, if the contracting agency determines that specified acts have occurred.

Pursuant to Government Code section 8355, every person or organization awarded a contract or grant from a State agency shall certify that it will provide a drug-free workplace by doing all of the following:

1.

Publishing a statement, notifying employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited in the person’s or organization’s workplace, and specifying actions which will be taken against employees for violations of the prohibition.

2.

Establishing a drug-free awareness program to inform employees about all of the following: a.

b.

c.

d.

The dangers of drug abuse in the workplace;

The person’s or organization’s policy of maintaining a drug-free workplace;

The availability of drug counseling, rehabilitation and employee-assistance programs; and

The penalties that may be imposed upon employees for drug abuse violations;

3.

Requiring that each employee engaged in the performance of the contract or grant be given a copy of the statement required by subdivision (a) and that, as a condition of employment on the contract or grant, the employee agrees to abide by the terms of the statement.

I, the undersigned, agree to fulfill the terms and requirements of Government Code section 8355 listed above and will (a) publish a statement notifying employees concerning the prohibition of controlled substance at the workplace, (b) establish a drug-free awareness program, and (c) require each employee engaged in the performance of the contact be given a copy of the statement required by section 8355(a) and require such employee agree to abide by the terms of that statement.

I also understand that if the Washington Unified School District determines that I have either (a) made a false certification herein, or (b) violated this certification by failing to carry out the requirements of

Section 8355, that the contract awarded herein is subject to termination, suspension of payments, or both. I further understand that, should I violate the terms of the Drug-Free Workplace Act of 1990, I may be subject to debarment in accordance with the requirements of Sections 8350 et seq.

I acknowledge that I am aware of the provisions of Government Code section 8350 et seq. and hereby certify that I will adhere to the requirements of the Drug-Free Workplace Act of 1990.

DATE:

CONTRACTOR

By:

Signature

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CONTRACTOR’S CERTIFICATE REGARDING ALCOHOLIC BEVERAGE AND

TOBACCO-FREE CAMPUS POLICY

The Contractor agrees that it will abide by and implement the District’s Alcoholic Beverage and

Tobacco-Free Campus Policy prohibits the use of alcoholic beverages and tobacco products, of any kind and at any time, on District-owned or leased buildings, on District property and in District vehicles. The

Contractor shall procure signs stating “ALCOHOLIC BEVERAGE AND TOBACCO USE IS

PROHIBITED” and shall ensure that these signs are prominently displayed in all entrances to school property at all times.

DATE:

Contractor

By:

Signature

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GUARANTEE

Guarantee for ________________________________. We hereby guarantee that the

________________________________, which we have installed in _____________

________________________________ has been done in accordance with the Contract Documents, including without limitation, the drawings and specifications, and that the work as installed will fulfill the requirements included in the bid documents. The undersigned and its surety agrees to repair or replace any or all such work, together with any other adjacent work, which may be displaced in connection with such replacement, that may prove to be defective in workmanship or material within a period of One (1) year from the date of the Notice of Completion of the above-mentioned structure by the Washington

Unified School District, ordinary wear and tear and unusual abuse or neglect excepted.

In the event the undersigned or its Surety fails to comply with the above-mentioned conditions within a reasonable period of time, as determined by the District, but not later than ten (10) days after being notified in writing by the District or within two (2) business days in the case of an emergency or urgent matter, the undersigned and its surety authorizes the District to proceed to have said defects repaired and made good at the expense of the undersigned and its surety, who will pay the costs and charges therefor upon demand. The undersigned and its surety shall be jointly and severally liable for any costs arising from the District's enforcement of this Guarantee.

Countersigned

(Proper Name)

By:

(Signature of Subcontractor or Contractor)

Representatives to be contacted for service:

Name:

Address:

Phone Number:

(Proper Name)

By:

(Signature of Contractor if for

Subcontractor)

Project Name

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CONTRACTOR DVBE CLOSE-OUT STATEMENT (FINAL PAYMENT)

The Contractor shall complete this form, as a condition to Final Payment, for purposes of reporting participation by Disabled Veteran Business Enterprises (DVBE) in the Contract for the

Project/Bid No. specified below.

Project Name:

Bid No.:

DSA No.:

Name Address/Phone Category of Work* $ Amount of Contract

* Categories of work include: (1) construction services (specify services that DVBE will provide); (2) architecture and engineering services; (3) procurement of materials, supplies and equipment; and (4) information technology.

The undersigned, on behalf of the Contractor, certifies that DVBE participation on the Contract for Bid

No. ______________equaled ___________ dollars ($___________ ), which represents approximately

____ percent (___%) of the total Contract price including change orders for the Project.

Company:

Name:

Title:

Signature:

Date:

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ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION

This Escrow Agreement is made and entered into by and between the Washington Unified School

District, located at 930 Westacre Road, West Sacramento, California, hereinafter called “Owner”, and

_______________________ whose address is _______________________, hereinafter called

“Contractor”, and _______________________ whose address is _______________________, hereinafter called “Escrow Agent”. follows:

For the consideration hereinafter set forth, the Owner, Contractor and Escrow Agent agree as

1.

Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for Retention earnings required to be withheld by Owner pursuant to the Construction Contract entered into between the Owner and Contractor for ____ __________________in the amount of ________ dated _____________ (hereinafter referred to as the “Contract”). Alternatively, on written request of the Contractor, the Owner shall make payments of the Retention earnings directly to the escrow agent. When Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within ten (10) days of deposit.

The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as Retention under the terms of the Contract between the Owner and

Contractor. Securities shall be held in the name of the Owner, and shall designate the Contractor as beneficial owner.

2.

The Owner shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow

Agent holds securities in the form and amount specified above.

3.

When the Owner makes payments of Retentions earned directly to the Escrow Agent, the Escrow

Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this

Contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this Agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the Owner pays the Escrow Agent directly.

4.

Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account and all expenses of the Owner. These expenses and payment terms shall be determined by the Owner, Contractor, and Escrow Agent.

5.

The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by

Contractor at any time and from time to time without notice to the Owner.

6.

Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from the Owner to the

Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by

Contractor.

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7.

The Owner shall have a right to draw upon the securities in the event of default by the Contractor.

Upon seven (7) days’ written notice to the Escrow Agent from the Owner of the notice of default under

Article 14 of the General Conditions, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Owner.

8.

Upon receipt of written notification from the Owner certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the

Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payment of fees and charges.

9.

Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to Sections (5) to (8), inclusive, of this Agreement and the Owner and Contractor shall hold Escrow

Agent harmless from Escrow Agent’s release and disbursement of the securities and interest as set forth above.

10.

The names of the persons who are authorized to give written notice or to receive written notice on behalf of the Owner and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows:

On behalf of Owner:

Title

Name

Signature

Address

On behalf of Contractor:

Title

Name

Signature

Address

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On behalf of Agent:

Title

Name

Signature

Address

At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow

Agent a fully executed counterpart of this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date set forth above.

OWNER CONTRACTOR

Title Title

Name

Signature

Name

Signature

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INSURANCE DOCUMENTS & ENDORSEMENTS

The following insurance endorsements and documents must be provided to the Washington

Unified District within five (5) calendar days after receipt of notification of award. If the apparent low bidder fails to provide the documents required below, the District may award the Contract to the next lowest responsible and responsive bidder or release all bidders, and the bidder’s bid security will be forfeited. All insurance provided by the bidder shall fully comply with the requirements set forth in

Article 18 of the General Conditions.

1.

General Liability Insurance: Certificate of Insurance with all specific insurance coverages set forth in Article 18 of the General Conditions, proper Project description, designation of the District as the

Certificate Holder, a statement that the insurance provided is primary to any insurance obtained by the

District and minimum of 30 days’ cancellation notice. Bidder shall also provide required additional insured endorsement(s) designating all parties required in Article 18 of the General Conditions. The additional insured endorsement shall be an ISO CG 20 10 (04/13), or an ISO CG 20 38 (04/13), or their equivalent as determined by the District in its sole discretion.

Incidents and claims are to be reported to the insurer at:

Attn:

(Title)

(Company)

(Street Address)

(City)

(_______)

(Telephone Number)

(State)

(Department)

(Zip Code)

2.

Workers’ Compensation/ Employer’s Liability Insurance: Certificate of Workers’ Compensation

Insurance meeting the coverages and requirements set forth in Article 18 of the General Conditions, minimum of 30 days’ cancellation notice, proper Project description, waiver of subrogation and any applicable endorsements.

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3.

Automobile Liability Insurance: Certificate of Automobile Insurance meeting the coverages and requirements set forth in Article 18 of the General Conditions, minimum 30 days’ cancellation notice, any applicable endorsements and a statement that the insurance provided is primary to any insurance obtained by the District.

Incidents and claims are to be reported to the insurer at:

Attn:

(Title)

(Company)

(Street Address)

(City)

(_______)

(Telephone Number)

(State)

(Department)

(Zip Code)

DATE:

CONTRACTOR

By:

Signature

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CONTRACTOR CERTIFICATION REGARDING BACKGROUND CHECKS

_____________________________________ certifies that it has performed one of the following:

[Name of Contractor/consultant]

Pursuant to Education Code section 45125.1, Contractor has conducted criminal background checks, through the California Department of Justice, of all employees providing services to the

Washington Unified School District, pursuant to the contract/purchase order dated

____________________, and that none have been convicted of serious or violent felonies, as specified in Penal Code sections 1192.7(c) and 667.5(c), respectively.

As further required by Education Code section 45125.1, attached hereto as Attachment “A” is a list of the names of the employees of the undersigned who may come in contact with pupils.

OR

Pursuant to Education Code section 45125.2, Contractor will ensure the safety of pupils by one or more of the following methods:

1. The installation of a physical barrier at the worksite to limit contact with pupils.

 2. Continual supervision and monitoring of all employees of the entity by an employee of the entity whom the Department of Justice has ascertained has not been convicted of a violent or serious felony.

I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct.

Date_____________, 20___

[Name of Contractor/Consultant]

By its:

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ATTACHMENT A:

(INSERT NAMES OF EMPLOYEES WHO MAY COME IN CONTACT WITH PUPILS)

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GENERAL CONDITIONS

ARTICLE 1 DEFINITIONS

1.

2.

Action of the Governing Board is a vote of a majority of the District’s governing board.

Approval means written authorization through action of the governing board unless specific delegation of approval authority is delegated to a District representative.

(ALTERNATE CLAUSE – This clause may only be used if the District has already delegated the authority to the Assistant Superintendent of Business prior to the commencement of the Project.)

Approval means written authorization through action of the governing board. The governing board has delegated to the Assistant Superintendent the authority to approve certain modifications and Construction Change Documents where the aggregate sum of the Construction Change

Documents do not exceed $15,000 and each individual item of the Construction Change

Documents or modification does not exceed $10,000. In no case shall the Assistant

Superintendent have authority to approve total Construction Change Documents or modifications to the Project exceeding 10% of the contract sum.)

As shown, as indicated, as detailed refers to drawings accompanying this specification.

Contract, Contract Documents includes all contract documents to wit: Notice inviting Bids,

3.

4.

Instructions to Bidders, Bid Form, Designation of Subcontractors, Performance Bond, Payment

Bond, Certificates of Insurance, Insurance Policies, General Conditions, Supplementary or

Special Conditions (if any), Drawings, Plans, Specifications, the Agreement and all modifications, addenda, and amendments thereto.

5.

6.

7.

Contractor, District and Architect are those mentioned as such in the Agreement. They are treated throughout the contract as if they are of singular number and neuter gender.

Locality in which the work is performed means the county in which the public work is done.

Project is the planned undertaking as provided for in the contract documents by District and

8.

9.

Contractor.

Provide shall include “provide complete in place”, that is, “furnish & install”.

Safety Orders are those issued by the Division of Industrial Safety an OSHA Safety and Health

Standards for construction.

10.

Standards, Rules and Regulations referred to are recognized printed standards and shall be considered as one and a part of these specifications within limits specified.

11.

Subcontractor, as used herein, includes those having direct contract with Contractor and one who furnishes material worked to a special design according to plans, drawings, and specifications for this work, but does not include one who merely furnishes material not so worked.

12.

Surety is the person, firm, or corporation that executes as surety the Contractor’s Performance

Bond and Payment Bond.

13.

Work of the Contractor or subcontractor includes labor or materials (including, without installation, equipment and appliances) or both, incorporated in, or to be incorporated in the construction covered by the complete Contract.

14.

Workers include laborer, worker or mechanic.

ARTICLE 2 LAWS CONCERNING THE DISTRICT A PART HEREOF

Contract is subject to all provision of the Constitution of Laws of California governing, controlling or effecting District, or the property, funds operations, or powers of District, and such provisions are by his reference made a part hereof and of Contract.

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ARTICLE 3 SITE INVESTIGATION

Before bidding on this work, Contractor shall make a careful investigation of the site and thoroughly familiarize himself with the requirement of the Contract. By the act of submitting a bid for the work included in this Contract, Contractor shall be deemed to have made such study and investigation and that Contractor is familiar with and accepts the conditions of the site.

ARTICLE 4 STATUS OF CONTRACTOR

A. Contractor is and shall at all times be deemed to be an independent Contractor and shall be wholly responsible for the manner in which it performs the services required of it by the terms of this contract. Nothing herein contained shall be construed as creating the relationship of employer and employee, or principal and agent, between the District, or any of the District’s employees or agents, and

Contractor or any of Contractor’s agents or employees. Contractor assumes exclusively the responsibility for the acts of its employees as they relate to the services to be provided during the course and scope of their employment. Contractor, its agents and employees shall not be entitled to any rights or privileges of

District employees. District shall be permitted to monitor the activities to determine compliance with the terms of this Contract. Contractor and subcontractors are required by law to be licensed and regulated by the Contractors State License Board.

B. Strict compliance with all DIR registration requirements in accordance with Labor Code sections 1725.5 and 1771.1 is a material obligation of the Contractor and all of its Subcontractors (of any tier) under the Contract Documents. The foregoing includes, without limitation, compliance with DIR registration requirements at all times during performance of the work by the Contractor and all of its

Subcontractors of any tier. The failure of the Contractor and all Subcontractors of any tier to be properly registered with DIR at all times during performance of the work is a material breach of the Contract and subject to termination for cause.

C. An affirmative and ongoing obligation of the Contractor under the Contract Documents is the verification that all Subcontractors of any tier are at all times during performance of the work are in full and strict compliance with the DIR registration requirements. The Contractor shall not permit or allow any Subcontractor of any tier to perform any work without the Contractor’s verification that all

Subcontractors are in full and strict compliance with the DIR registration requirements. Any

Subcontractors of any tier not properly registered with DIR shall be substituted in accordance with Labor

Code section 1771.1. Contractor or its Subcontractors of any tier shall not be entitled to any additional costs or time arising from or in any way related to compliance with the DIR registration requirements.

ARTICLE 5 CONTRACTOR’S SUPERVISION

A. During progress of the work, Contractor shall keep on the premises (including both the site and the plant) a superintendent satisfactory to District and, if applicable, Architect. Before commencing the work herein, Contractor shall give written notice to District and Architect of the name and a Statement of Qualifications of such superintendent. Superintendent shall not be changed except with written consent of District, unless a superintendent proves to be unsatisfactory to Contractor and ceases to be in its employ, in which case, Contractor shall notify District in writing. Superintendent shall represent Contractor and all directions given to Superintendent shall be as binding as if given to

Contractor.

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B. The Contractor shall verify all indicated dimensions before ordering materials or equipment, or before performing work. The Contractor shall take field measurements, verify field conditions, and shall carefully compare such field measurements and conditions and other information known to the Contractor with the contract documents before commencing activities. Errors, inconsistencies, or omissions discovered shall be reported to the Architect at once. Upon commencement of any item of work, the Contractor shall be responsible for dimensions related to such item of work and shall make any corrections necessary to make work properly fit at no additional cost to District. This responsibility for verification of dimensions is a non-delegable duty and may not be delegated to subcontractors or agents.

C. Omissions from the drawings or specifications, or the misdescription of details of work which are manifestly necessary to carry out the intent of the drawings and specifications, or which are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed work, but they shall be performed as if fully and correctly set forth and described in the drawings and specifications.

D. Contractor shall establish a protocol for requesting inspection with Inspector so as to not delay the work and provide adequate time for the Inspector to perform inspection. If such a protocol is not established ahead of time, Inspector may utilize the time criteria set by Title 24 of 48 hours in advance of submitting form DSA 156 for each new area. DSA requirements under PR 13-01 specifically give the

Special Inspector fourteen (14) days to post to the DSA website. Contractor is responsible for delays and for failure to plan.

E. For some Projects, there may be a need to incrementally install certain assemblies. It is up to Contractor to identify areas and assemblies that may be constructed incrementally. Contractor must identify and establish incremental areas of construction and establish protocols with Inspector for DSA

152 approvals so they may be presented to DSA. See PR-13-01 for further discussion.

ARTICLE 6 SUBCONTRACTORS

A. Contractor agrees to bind every subcontractor by terms of Contract as far as such terms are applicable to subcontractor’s work. If Contractor shall subcontract any part of this Contract,

Contractor shall be as fully responsible to District for acts and omissions of any subcontractor and of persons either directly or indirectly employed by any subcontractor, as it is for acts and omissions of persons directly employed by Contractor. Nothing contained in the contract documents shall create any contractual relation between any subcontractor and District, nor shall this Contract be construed to be for the benefit of any subcontractor. The Contractor shall be responsible for the coordination of the trades, subcontractors and materialmen engaged upon his work.

B. All subcontractors (of any tier) performing any portion of the work must comply with the

Labor Code sections 1725.5 and 1771.1 and must be properly and currently registered with the California

Department of Industrial Relations and qualified to perform public works pursuant to Labor Code section

1725.5 throughout the duration of the Project. No portion of the work is permitted to be performed by a subcontractor of any tier unless the subcontractor is properly registered with DIR. Any subcontractors of any tier not properly registered with DIR shall be substituted in accordance with Labor Code section

1771.1.

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ARTICLE 7 DISTRICT’S INSPECTOR

One or more Project Inspectors employed by the District and approved by the Division of the

State Architect will be assigned to the work in accordance with the requirements of Title 24 of the

California Code of Regulations. The Inspector(s) duties are as specifically defined in Title 24 Section 4-

333 and 4-342 and in DSA IR A-8. No work shall be carried on except with the knowledge and under the inspection of said Inspector(s). He shall have free access to any or all parts of work at any time. The

District will provide inspection and testing at its cost during the normal eight (8) hour day Monday through Friday (except holidays). Work by the Contractor outside of the normal eight (8) hour day shall constitute an authorization from the Contractor to the District to provide inspection and testing as required outside of the normal eight (8) hour day. Contractor shall reimburse District for inspection and testing outside the normal eight-hour day or for any retests caused by the Contractor.

ARTICLE 8

ARCHITECT’S STATUS

A. The Architect shall be the District’s representative during construction period and shall observe the progress and quality of the work on behalf of the District. Architect shall have the authority to act on behalf of District only to the extent expressly provided in the contract documents. Architect shall have authority to stop work whenever such stoppage may be necessary in Architect’s reasonable opinion to insure the proper execution of Contract.

B. The Architect shall be, in the first instance, the judge of the performance of this Contract.

Architect shall side neither with District nor with Contractor, but shall exercise authority under Contract to enforce its faithful performance by both. Nothing herein authorizes Architect to act as arbitrator for the parties.

C. The Architect shall have all authority and responsibility established by law, including

Title 24 of the California Code of Regulations.

D. The Architect shall be the final authority in determining the amount of work satisfactorily completed and the amount of money due during the progress of construction.

ARTICLE 9 ASSIGNMENT OF ANTITRUST ACTIONS

A. Pursuant to Government Code section 4551, in entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the Contractor or

Subcontractor offers and agrees to assign to the District all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act, (15 U.S.C. Section 15) or under the Cartwright Act

(Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions

Code), arising from the purchase of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the Contractor, without further acknowledgment by the parties. If the District receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under

Chapter 11 (commencing with Section 4550) of Division 5 of Title 1 of the Government Code, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the District any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the District as part of the bid price, less the expenses incurred in obtaining that portion of the recovery.

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B. Upon demand in writing by the assignor, the District shall, within one (1) year from such demand, reassign the cause of action assigned pursuant to this Article if the assignor has been or may have been injured by the violation of law for which the cause of action arose and the District has not been injured thereby or the District declines to file a court action for the cause of action.

ARTICLE 10 OTHER CONTRACTS

A. District reserves the right to let other contracts in connection with this work. Contractor shall afford other contractors reasonable opportunity for introduction and storage of their materials and execution of their work and shall properly connect and coordinate its work with theirs.

B. Nothing herein contained shall be interpreted as granting to Contractor exclusive occupancy at the Project site. Contractor shall not cause any unnecessary hindrance or delay to any other contractor working on Project. If simultaneous execution of any Contract for Project is likely to cause interference with performance of some other contract or contracts, District shall decide which contractor shall cease work temporarily and which contractor shall continue or whether work can be coordinated so that contractors may proceed simultaneously.

ARTICLE 11 OCCUPANCY

District reserves the right to occupy portions of the Project at any time before completion, and such occupancy shall constitute final acceptance of that portion only to the extent that the Contractor will not be subject to performing work or repairs caused by the District’s use of the occupied areas. Such occupancy shall not extend the date specified for completion of the work. The Contractor will be required to complete punch list items documented by District, Architect, Inspector and Contractor prior to final payment. Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the work by the District shall not constitute acceptance of work not complying with the requirements of the Contract

Documents.

ARTICLE 12 DISTRICT’S RIGHT TO DO WORK

Should the Contractor, at any time during the process of construction, fail or refuse to furnish enough materials or workmen to properly execute the work, unless prohibited from so doing through the action of District, Architect, or other authorized official agencies, District, after giving ten (10) days written notice to Contractor may, without prejudice to any other rights he may have, proceed to furnish the materials and/or workmen necessary to proceed with or complete the work, and may deduct the cost thereof, together with reasonable expenses arising from such procedure, from any amounts then due or which may thereafter become due to Contractor.

ARTICLE 13 DISTRICT’S RIGHT TO TERMINATE CONTRACT

A. Grounds for Termination.

The Contractor may terminate the Contract if the work is stopped for a period of thirty (30) consecutive days through no act or fault of the Contractor, a

Subcontractor, a Sub-subcontractor, their agents or employees, or any other persons performing portions of the work for whom the Contractor is contractually responsible, for only the following reasons:

(1) Issuance of an order of a court or other public authority having jurisdiction; or

(2) An act of government, such as a declaration of national emergency.

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B. Notice of Termination.

If one of the above reasons exists, the Contractor may, upon written notice of seven (7) additional days to the District, terminate the Contract and recover from the

District payment for work executed and for reasonable costs verified by the Architect with respect to materials, equipment, tools, construction equipment, and machinery, including reasonable overhead, profit, and damages.

ARTICLE 14 TERMINATION BY THE DISTRICT FOR CAUSE

A.

Grounds for Termination.

The District may terminate the Contractor and/or this

Contract for the following reasons:

(1) Persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials;

(2) Persistently or repeatedly is absent, without excuse, from the job site;

(3) Fails to make payment to subcontractors, suppliers, materialmen, etc;

(4) Persistently disregards laws, ordinances, rules, regulations, or orders of a public authority having jurisdiction;

(5) Fails to provide a schedule or fails or refuses to update schedules required under the Contract;

(6) Becomes bankrupt or insolvent, including the filing of a general assignment for the benefit of creditors;

(7) If the Contractor has been debarred from performing work; or

(8) Otherwise is in substantial breach of a provision of the Contract Documents.

B. Notification of Termination.

When any of the above reasons exist, the District may, without prejudice to any other rights or remedies of the District and after giving the Contractor and the

Contractor’s surety, if any, written notice of seven (7) days, terminate the Contract and may, subject to any prior rights of the surety:

(1) Take possession of the Project and of all material, equipment, tools, and construction equipment and machinery thereon owned by the Contractor;

(2) Accept assignment of Subcontracts. Contractor acknowledges and agrees that if the District (in its sole and absolute discretion) decides to takeover completion of the Project, the Contractor agrees to immediately assign all subcontracts to the

District which the District has chosen to accept; and

(3) Complete the work by any reasonable method the District may deem expedient, including contracting with a replacement contractor or contractors.

C. Payments Withheld.

If the District terminates the Contract for one of the reasons stated in Article 14.A, the Contractor shall not be entitled to receive further payment until the work is complete.

All costs associated with the termination and completion of the Project shall be the responsibility of the

Contractor and/or its surety.

D. Payments Upon Completion.

If the unpaid balance of the Contract Sum exceeds costs of completing the work, including compensation for professional services and expenses made necessary thereby, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the

Contractor shall pay the difference to the District. The amount to be paid to the Contractor, or District, as the case may be, shall be certified by the Architect upon application. This payment obligation shall survive completion of the Contract.

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E. Remedies Other Than Termination.

If a default occurs, the District may, without prejudice to any other right or remedy, including, without limitation, its right to terminate the Contract pursuant to Article 14, do any of the following:

(1) Permit the Contractor to continue under this Contract, but make good such deficiencies or complete the Contract by whatever method the District may deem expedient, and the cost and expense thereof shall be deducted from the Contract

Price or paid by the Contractor to the District on demand;

(2) If the workmanship performed by the Contractor is faulty or defective materials are provided, erected or installed, then the District may order the Contractor to remove the faulty workmanship or defective materials and to replace the same with work or materials that conform to the Contract Documents, in which event the Contractor, at its sole costs and expense, shall proceed in accordance with the

District’s order and complete the same within the time period given by the

District in its notice to the Contractor; or

(3) Initiate procedures to declare the Contractor a non-responsible bidder for a period of two to five years thereafter.

All amounts expended by the District in connection with the exercise of its rights hereunder shall accrue interest from the date expended until paid to the District at the maximum legal rate. The District may retain or withhold any such amounts from the Contract Price. If the Contractor is ordered to replace any faulty workmanship or defective materials pursuant to Paragraph (b) above, the Contractor shall replace the same with new work or materials approved by the Architect and the District, and, at its own cost, shall repair or replace, in a manner and to the extent the Architect and the District shall direct, all work or material that is damaged, injured or destroyed by the removal of said faulty workmanship or defective material, or by the replacement of the same with acceptable work or materials. In no event shall anything in this Paragraph be deemed to constitute a waiver by the District of any other rights or remedies that it may have at law or in equity, it being acknowledged and agreed by the Contractor that the remedies set forth in this Paragraph are in addition to, and not in lieu of, any other rights or remedies that the

District may have at law or in equity.

ARTICLE 15 TERMINATION OF CONTRACT BY DISTRICT (CONTRACTOR NOT AT

FAULT)

A. Termination for Convenience.

District may terminate the Contract upon fifteen (15) calendar days of written notice to the Contractor and use any reasonable method the District deems expedient to complete the Project, including contracting with replacement contractor or contractors, if it is found that reasons beyond the control of either the District or Contractor make it impossible or against the

District’s interest to complete the Project. In such a case, the Contractor shall have no Claims against the

District except for: (1) the actual cost for approved labor, materials, and services performed in accordance with the Contract Documents which have not otherwise been previously paid for and which are supported and documented through timesheets, invoices, receipts, or otherwise; and (2) profit and overhead of ten percent (10%) of the approved costs in item (1); and (3) termination cost of five percent (5%) of the approved costs in item (1). Contractor acknowledges and agrees that if the District (in its sole and absolute discretion) decides to takeover completion of the Project, the Contractor agrees to immediately assign all subcontracts to the District which the District has chosen to accept.

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B. Non-Appropriation of Funds/ Insufficient Funds.

In the event that sufficient funds are not appropriated to complete the Project or the District determines that sufficient funds are not available to complete the Project, District may terminate or suspend the completion of the Project at any time by giving written notice to the Contractor. In the event that the District exercises this option, the District shall pay for any and all work and materials completed or delivered onto the site for which value is received, and the value of any and all work then in progress and orders actually placed which cannot be canceled up to the date of notice of termination. The value of work and materials not otherwise already paid for by the District up to the time of termination under this Paragraph shall include a factor of fifteen percent (15%) for the Contractor’s overhead and profit and there shall be no other costs or expenses paid to Contractor. All work, materials and orders paid for pursuant to this provision shall become the property of the District. District may, without cause, order Contractor in writing to suspend, delay or interrupt the Project in whole or in part for such period of time as District may determine. Adjustment shall be made for increases in the cost of performance of the Agreement caused by suspense, delay or interruption.

ARTICLE 16 CONTRACT SECURITY - BONDS

Contractor shall furnish a surety bond in an amount equal to one hundred percent (100 %) of

Contract price as security for faithful performance of this Contract and shall furnish a separate bond in an amount at least equal to one hundred percent (100%) of the Contract price as security for payment of persons performing labor and furnishing materials in connection with this Contract. Aforementioned bonds shall be in the form set forth in these contract documents.

ARTICLE 17 SUBSTITUTION OF SECURITIES

Pursuant to the requirements of Public Contract Code section 22300, upon Contractor’s request, District will make payment to Contractor of any funds withheld from payments under this Contract if Contractor deposits with the District or in escrow with a California or federally chartered bank acceptable to District, securities eligible for the investment of State Funds under Government Code section 16430 or bank or savings and loan certificates of deposit interest bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by the Contractor and the public agency.

ARTICLE 18 INSURANCE REQUIREMENTS

A. Before the commencement of the work, the Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in California with a financial rating of at least an A-VIII status as rated in the most recent edition of Best’s Insurance Reports or as amended by the

Supplementary General Conditions, such insurance as will protect the District from claims set forth below, which may arise out of or result from the Contractor’s work under the Contract and for which the

Contractor may be legally liable, whether such work are by the Contractor, by a Subcontractor, by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable.

Any required insurance shall not contain any exclusion that applies to the type of work performed by the

Contractor under the Contract Documents:

(1) Claims for damages because of bodily injury, sickness, disease, or death of any person District would require indemnification and coverage for employee claim;

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(2) Claims for damages insured by usual personal injury liability coverage, which are sustained by a person as a result of an offense directly or indirectly related to employment of such person by the Contractor or by another person;

(3) Claims for damages because of injury or destruction of tangible property, including loss of use resulting therefrom, arising from operations under the Contract

Documents;

(4) Claims for damages because of bodily injury, death of a person, or property damage arising out of the ownership, maintenance, or use of a motor vehicle, all mobile equipment, and vehicles moving under their own power and engaged in the work;

(5) Claims involving contractual liability applicable to the Contractor's obligations under the Contract Documents, including liability assumed by and the indemnity and defense obligations of the Contractor and the Subcontractors;

(6) Claims involving Completed Operations, Independent Contractors' coverage, and

Broad Form property damage, without any exclusions for collapse, explosion, demolition, underground coverage, and excavating (XCU); and

(7) Claims involving sudden or accidental discharge of contaminants or pollutants.

B. Specific Insurance Requirements. Contractor shall take out and maintain and shall require all subcontractors, if any, whether primary or secondary, to take out and maintain:

(1) Comprehensive General Liability Insurance with a combined single limit per occurrence of not less than $2,000,000.00 or Commercial General Liability

Insurance which provides limits of not less than:

(a)

(b)

(c)

Per occurrence (combined single limit)

Project Specific Aggregate (for this project only)

Products and Completed Operations (aggregate)

(d) Personal and Advertising Injury Limit

(2) Insurance Covering Special Hazards

$1,000,000.00

$1,000,000.00

$1,000,000.00

$1,000,000.00

The following special hazards shall be covered by riders or riders to above mentioned public liability insurance or property damage insurance policy or policies of insurance, in amounts as follows:

(a) Automotive and truck where operated in amounts

(b) Material Hoist where used in amounts

$1,000,000.00

$1,000,000.00

(c) Explosion, Collapse and Underground (XCU) coverage $1,000,000.00

(d) Hazardous materials $1,000,000.00

(3) In addition, provide Excess Liability Insurance coverage in the amount of Two

Million Dollars ($2,000,000.00).

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C. Subcontractor Insurance Requirements.

The Contractor shall require its

Subcontractors to take out and maintain public liability insurance and property damage insurance required under Article 18.A in like amounts. A “claims made” or modified “occurrence” policy shall not satisfy the requirements of Article 18.A without prior written approval of the District.

D. Additional Insured Endorsement Requirements.

The Contractor shall name, on any policy of insurance required under Article 18.A, the District, Construction Manager (if any), Architect,

Inspector, the State of California, their officers, employees, agents, volunteers and independent contractors as additional insureds. Subcontractors shall name the Contractor, the District, Architect,

Inspector, the State of California, their officers, employees, agents, volunteers and independent contractors as additional insureds. The Additional Insured Endorsement included on all such insurance policies shall be an ISO CG 20 10 (04/13), or an ISO CG 20 38 (04/13), or their equivalent as determined by the District in its sole discretion, and must state that coverage is afforded the additional insured with respect to claims arising out of operations performed by or on behalf of the insured. If the additional insureds have other insurance which is applicable to the loss, such other insurance shall be on an excess or contingent basis. The insurance provided by the Contractor pursuant to Article 18.A must be designated in the policy as primary to any insurance obtained by the District. The amount of the insurer’s liability shall not be reduced by the existence of such other insurance.

E. Workers’ Compensation Insurance.

During the term of this Contract, the Contractor shall provide workers’ compensation insurance for all of the Contractor’s employees engaged in work under this Contract on or at the Site of the Project and, in case any of the Contractor’s work is subcontracted, the Contractor shall require the Subcontractor to provide workers’ compensation insurance for all the Subcontractor’s employees engaged in work under the subcontract. Any class of employee or employees not covered by a Subcontractor’s insurance shall be covered by the Contractor’s insurance. In case any class of employees engaged in work under this Contract on or at the Site of the Project is not protected under the Workers’ Compensation laws, the Contractor shall provide or cause a Subcontractor to provide adequate insurance coverage for the protection of those employees not otherwise protected.

The Contractor shall file with the District certificates of insurance as required under Article 18.J and in compliance with Labor Code section 3700. Workers’ compensation limits as required by the Labor Code, but not less than $1,000,000 and employers’ liability limits of $1,000,000 per accident for bodily injury or disease.

F.

Builder’s Risk/ “All Risk” Insurance.

The Contractor, during the progress of the work and until final acceptance of the work by District upon completion of the entire Contract, shall maintain

Builder’s Risk, Course of Construction or similar first party property coverage issued on a replacement cost value basis consistent with the total replacement cost of all insurable work and the Project included within the Contract Documents. Coverage is to insure against all risks of accidental direct physical loss, and must include, by the basic grant of coverage or by endorsement, the perils of vandalism, malicious mischief (both without any limitation regarding vacancy or occupancy), fire, sprinkler leakage, civil authority, sonic boom, earthquake, flood, collapse, wind, lightning, smoke and riot. The coverage must include debris removal, demolition, increased costs due to enforcement of building ordinance and law in the repair and replacement of damage and undamaged portions of the property, and reasonable costs for the Architect’s and engineering services and expenses required as a result of any insured loss upon the work and Project which is the subject of the Contract Documents, including completed work and work in progress, to the full insurable value thereof. Such insurance shall include the District and the Architect as additional named insureds, and any other person with an insurable interest as designated by the District.

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The Contractor shall submit to the District for its approval all items deemed to be uninsurable.

The risk of the damage to the work due to the perils covered by the “Builder’s Risk/All Risk” Insurance, as well as any other hazard which might result in damage to the work, is that of the Contractor and the

Surety, and no Claims for such loss or damage shall be recognized by the District nor will such loss or damage excuse the complete and satisfactory performance of the Contract by the Contractor.

G. Fire Insurance.

Before the commencement of the work, the Contractor shall procure, maintain, and cause to be maintained at the Contractor’s expense, fire insurance on all work subject to loss or damage by fire. The amount of fire insurance shall be sufficient to protect the Project against loss or damage in full until the work is accepted by the District. This requirement may be waived upon confirmation by the District that such coverage is provided under the Builder’s Risk Insurance being provided.

H. Automobile Liability . The District, Architect and Construction Manager (if any),

Inspectors, their directors, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible. Such insurance coverage shall be primary and non-contributory insurance as respects the District, Architect,

Construction Manager (if any), Project Inspector, their directors, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the District, Architect, Construction

Manager (if any), Project Inspector, their directors, officers, employees, agents and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it. The insurer shall agree to waive all rights of subrogation against the District, Architect, Construction Manager (if any),

Project Inspector, their directors, officers, employees, agents and volunteers for losses paid under the terms of the insurance policy that arise from work performed by the Contractor. Insurance Services

Office Business Auto Coverage Form Number CA 0001, Code 1 (any auto) is required. Comprehensive

Automobile Liability insurance is to include all autos, owned, non-owned, and hired, with limits of

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

I. Other Insurance.

The Contractor shall provide all other insurance required to be maintained under applicable laws, ordinances, rules, and regulations.

J. Proof of Insurance.

The Contractor shall not commence work nor shall it allow any

Subcontractor to commence work under this Contract until all required insurance and certificates have been obtained and delivered in duplicate to the District for approval subject to the following requirements:

(1) Certificates and insurance policies shall include the following clause:

“This policy and any coverage shall not be suspended, voided, non-renewed, canceled, or reduced in required limits of liability or amounts of insurance or coverage until notice has been mailed via certified mail to the District. Date of cancellation or reduction may not be less than thirty (30) days after the date of mailing notice.”

(2) Certificates of insurance shall state in particular those insured, the extent of insurance, location and operation to which the insurance applies, the expiration date, and cancellation and reduction notices.

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(3) Certificates of insurance shall clearly state that the District and the Architect are named as additional insureds under the policy described and that such insurance policy shall be primary to any insurance or self-insurance maintained by District.

(4) The Contractor and its Subcontractors shall produce a certified copy of any insurance policy required under this Section upon written request of the District.

K. Compliance.

In the event of the failure of any contractor to furnish and maintain any insurance required by this Article, the Contractor shall be in default under the Contract. Compliance by

Contractor with the requirement to carry insurance and furnish certificates or policies evidencing the same shall not relieve the Contractor from liability assumed under any provision of the Contract Documents, including, without limitation, the obligation to defend and indemnify the District and the Architect.

L. Waiver of Subrogation.

Contractor waives (to the extent permitted by law) any right to recover against the District for damages to the work, any part thereof, or any and all claims arising by reason of any of the foregoing, but only to the extent that such damages and/or claims are covered by property insurance and only to the extent of such coverage (which shall exclude deductible amounts) by insurance actually carried by the District.

The provisions of this Section are intended to restrict each party to recovery against insurance carriers only to the extent of such coverage and waive fully and for the benefit of each, any rights and/or claims which might give rise to a right of subrogation in any insurance carrier. The District and the

Contractor shall each obtain in all policies of insurance carried by either of them, a waiver by the insurance companies thereunder of all rights of recovery by way of subrogation for any damages or claims covered by the insurance.

ARTICLE 19 PERFORMANCE AND PAYMENT BONDS

A. Bond Requirements.

Prior to commencing any portion of the work, the Contractor shall furnish separate payment and performance bonds for its portion of the work which shall cover 100% faithful performance of and payment of all obligations arising under the Contract Documents and/or guaranteeing the payment in full of all claims for labor performed and materials supplied for the work.

All bonds shall be provided by a corporate surety authorized and admitted to transact business in

California as sureties.

To the extent, if any, that the Contract Price is increased in accordance with the Contract

Documents, the Contractor shall, upon request of the District, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the District. To the extent available, the bonds shall further provide that no change or alteration of the Contract

Documents (including, without limitation, an increase in the Contract Price, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor will release the surety. If the Contractor fails to furnish the required bonds, the District may terminate the

Contract for cause.

B. Surety Qualifications.

Only bonds executed by admitted Surety insurers as defined in

Code of Civil Procedure section 995.120 shall be accepted. Surety must be a California-admitted surety and listed by the U.S. Treasury with a bonding capacity in excess of the Project cost.

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C. Alternate Surety Qualifications.

If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with section 995.660 of the California Code of Civil Procedure and proof of such is provided to the District.

ARTICLE 20 DRAWINGS AND SPECIFICATIONS

A. Contract Documents are complementary, and what is called for by one shall be as binding as if called for by all.

B. Materials or work described in words which so applied has a well known technical or trade meaning shall be deemed to refer to such recognized standards.

C. It is not the intention of the Contract to go into detailed descriptions of any materials and/or methods commonly known to the trade under the “trade name” or “trade term.” The mere mention or notation of such “trade name” or “trade term” shall be considered a sufficient notice to Contractor that it will be required to complete the work so named with all its appurtenances according to the best practices of the trade.

D. The naming of any material and/or equipment shall mean furnishing and installing of same, including all incidentals and accessory items thereto and/or labor therefor, as per best practices of the trade(s) involved, unless specifically noted otherwise.

E. Figured dimensions on drawings shall govern, but work not dimensioned shall be as directed. Work not particularly shown or specified shall be the same as similar parts that are shown or specified. Large scale details shall take precedence over smaller scale drawings as to shape and details of construction. Specifications shall govern as to materials, workmanship, and installations procedures.

Drawings and specifications are intended to be fully cooperative and to agree. However, if Contractor observes that drawings and specifications are in conflict, Contractor shall promptly notify the District in writing, and any necessary changes shall be adjusted as provided in Article 46 entitled “Changes and

Extra Work.” The specification calling for the higher quality material or workmanship shall prevail.

F. Specifications and accompanying drawings are intended to delineate and describe the

Project and its component parts to such a degree as to enable skilled and competent contractors to intelligently bid upon the work, and to carry said work to a successful conclusion.

G. Drawings and specifications are intended to comply with all laws, ordinances, rules, and regulations of constituted authorities having jurisdiction, and where referred to in the contract documents, said laws, ordinances, rules, and regulations shall be considered as a part of said Contract within the limits specified. The Contractor shall bear all expenses of correcting work done contrary to said laws, ordinances, rules, and regulations if the Contractor knew or should have known that the work as performed is contrary to said laws, ordinances, rules, and regulations and if the Contractor performed same (1) without first consulting the Architect for further instructions regarding said work or (2) disregarded the Architect’s instructions regarding said work.

H. Questions regarding interpretation of drawings and specifications shall be clarified by the

Architect. Should the Contractor commence work or any part thereof without seeking clarification,

Contractor waives any claim for extra work or damages as a result of any ambiguity, conflict, or lack of information.

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I. Contractor will be furnished, free of charge, bid sets of permitted documents and specifications. Contractor is to provide reproducible drawings and all additional copies which he requires for his operations at his own expense. He shall maintain an accurate record of all copies made and shall return or otherwise account for all copies at the end of the Project.

ARTICLE 21 OWNERSHIP OF DRAWINGS

Pursuant to Education Code section 17316, all plans, drawings, designs, specifications, and other incidental architectural and engineering work or materials and other contract documents and copies thereof furnished by District are its property. They are not to be used in other work and, with the exception of signed sets of the Contract, are to be returned to the District on request at completion of work.

ARTICLE 22 DETAIL DRAWINGS AND INSTRUCTIONS

A. In case of ambiguity, conflict, or lack of information, Architect shall furnish, with reasonable promptness, additional instructions by means of drawings or otherwise, necessary for proper execution of work. All such drawings and instructions shall be consistent with contract documents, true developments thereof, and reasonably inferable therefrom.

B. Work shall be executed in conformity therewith and Contractor shall do no work without proper drawings and instructions.

C. The Architect will furnish necessary details to more fully explain the work, which details shall be considered as part of the contract documents.

D. Should any details require work and costs beyond those which reasonably should have been included in the contract, Contractor shall give written notice thereof to the District within ten (10) working days of the receipt of same. In case no notice is given to the District within ten (10) working days, it will be assumed the details are reasonable development of the scale drawings. In case notice is given, then the claim will be considered and, if found justified, the District or Architect will either modify the drawings or shall recommend to District a change order for the extra work involved.

E. All parts of the described and shown construction shall be of the quality of their respective kinds shown in the Plans or as specified, and the Contractor is hereby advised to use all diligence to become fully informed as to the required construction and finish, and in no case to proceed with the different parts of the work without first obtaining from the Architect some directions and/or drawings as may be necessary for the proper performance of the work.

F. If it is found at any time, before or after completion of the work, that the Contractor has varied from the drawings and/or specifications, in materials, quality, form, or finish, or in the amount or value of the materials and labor used, the District shall issue an order to Contractor: (1) that all such improper work should be removed, remade, and replaced, and all work disturbed by these changes be made good at the Contractor’s expense; or (2) that the District deduct from any amount due Contractor, the sum of money equivalent to the difference in value between the work performed and that called for by the drawings and specifications. District shall in its sole discretion determine such difference in value.

The District, at its option, may pursue either course.

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ARTICLE 23 TESTS AND INSPECTIONS

A. Tests and inspections will comply with California Code of Regulations Title 21, Chapter

4 and Section 42, and Title 24, Chapter 4, Part I. All work shall be under the observation of the Inspector.

Contractor shall establish a protocol for requesting inspection with Inspector so as to not delay the work and provide adequate time for the Inspector to perform inspection. If such a protocol is not established ahead of time, Inspector may utilize the time criteria set by Title 24 of 48 hours in advance of submitting form DSA 156 for each new area. The Inspector shall have free access to any or all parts of the work at any time. The Contractor shall furnish the Inspector such information as may be necessary to keep the

Inspector fully informed regarding progress and manner of work and character of materials. Such observations shall not, in any way, relieve the Contractor from responsibility for full compliance with all terms and conditions of the Contract, or be construed to lessen to any degree the Contractor’s responsibility for providing efficient and capable superintendence. The Inspector is not authorized to make changes in the Drawings or Specifications nor shall the Inspector’s approval of the work and methods relieve the Contractor of responsibility for the correction of subsequently discovered defects, or from its obligation to comply with the Contract Documents.

B. Inspector shall electronically post DSA required documents on the DSA electronic posting website. It is the Contractor’s responsibility to determine the status of posting and determine if all the criteria for sign off of a category of work on the Project Inspection Card (Form DSA 152) as defined more thoroughly in the most current version of the DSA 152 manual posted on the DSA website.

Inspector may collaborate with Contractor about approval of areas that may be constructed and approved incrementally under the DSA 152 card pursuant to the guidelines of PR-13. Inspector shall work with

Contractor to present incremental approval proposals to DSA.

C. The Inspector shall have the authority to reject work whenever provisions of the Contract

Documents are not being complied with, and Contractor shall instruct its Subcontractors and employees accordingly. In addition, the Inspector may stop any work that poses a probable risk of harm to persons or property. The Contractor shall instruct its employees, Subcontractors, material and equipment suppliers, etc., accordingly. The absence of any Stop Work Order or rejection of any portion of the work shall not relieve the Contractor from any of its obligations pursuant to the Contract Documents.

D. The District will provide inspection and testing at its cost during the normal eight (8) hour day Monday through Friday (except holidays). Work by the Contractor outside of the normal eight

(8) hour day shall constitute an authorization from the Contractor to the District to provide inspection and testing as required outside of the normal eight (8) hour day. Contractor shall provide adequate time for inspections so as to not delay the work. If the Contractor is behind schedule, it is incumbent on the

Contractor to provide advance forecast through look ahead of the anticipated date for inspection so the

Inspector may plan their activities so as to not delay the Project. Contractor shall reimburse District for any additional costs associated with inspection and testing (including re-inspection and re-testing) outside the normal eight-hour day and for any retests caused by the Contractor.

E. It is the Contractor's responsibility to request special inspections with sufficient time so all testing may be timely completed and posted so work may proceed and the Inspector’s signature is attached to the Project Inspection Card (Form 152). Specifically, timely request for special inspection under the DSA Verified Report Forms 291 (laboratory), DSA Verified Report Form 292 (Special

Inspection), and DSA Verified Report 293 (geotechnical) since DSA requirements under PR 13-01 specifically gives the Special Inspections 14 days to post to the DSA website.

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F. If Contractor has a Subcontractor or supplier that requires in plant or special inspections, inspections or tests that are out of the country, out of the state or a distance of more than 200 miles from the Project Site, the District shall provide the Special Inspector or individual performing tests time for inspection and testing during normal work hours. Contractor, however, is responsible for the cost of travel, housing, food, out of area premiums that may be in the Inspector/Testing Agreement with District, or other expenses necessary to ensure proper inspection, special inspection or testing is provided by a

DSA Certified Inspector, Special Inspector, or individual performing tests. In some cases all three (DSA

Inspector, Special Inspector, and Tester) may be required. In addition, if the DSA Certified Inspector,

Special Inspector, or individual performing test has contractual travel clauses or special rates for out of town inspection, Contractor is responsible for all costs associated with the contractual travel costs in addition to all other costs. Arrangements for inspection and/or testing shall be made far enough in advance so as to not delay the work.

G. DSA may issue a Stop Work Order, or an Order to Comply, when either (1) the work proceeds without DSA approval; (2) the work proceeds without a DSA Inspector of Record, or (3) where

DSA determines that the work is not being performed in accordance with applicable rules and regulations, and would compromise the structural integrity of the Project or would endanger lives. If a Stop Work

Order is issued, the work in the affected area shall cease until DSA withdraws the Stop Work Order.

Pursuant to Education Code section 17307.5(b), the District shall not be held liable in any action filed against the District for any delays caused by compliance with the Stop Work Order, except to the extent that an error or omission by the District is the basis for the issuance of the Stop Work Order.

Examples of Stop Work Orders that may be issued by DSA include DSA Bulletin 07-04 and Policy 10-

01, the installation of automatic fire sprinkler systems without approved Plans, covering work that has not been approved by Inspector on DSA Project Inspection Card (Form 152).

H. Contractor deviation or changes from approved Plans and Specifications may result in the issuance of a Notice of Non-Compliance (See DSA Form 154). Contractor is specifically notified that deviations from the Plans and Specifications, whether major or minor, may result in the requirement to obtain a DSA Construction Change Document (“CCD”) to correct the Notice of Non-Compliance. In some cases, the lack of a DSA approved CCD AND verification from the Inspector that a Notice of Non-

Compliance has been corrected may result in a critical path delay to the next stage of work on the Project.

Specifically, a deviation from approved Plans and Specifications may prevent approval of the category of work listed in the DSA 152 Project Inspection Card. Any delays that are caused by the Contractor’s deviation from approved Plans and Specifications shall be the Contractor’s responsibility.

I. Where such inspection and testing are to be conducted by an independent laboratory or agency, such materials or samples of materials to be tested shall be selected by such laboratory or agency, or District’s representative, and not by Contractor.

J. Contractor shall notify District, a sufficient time in advance, of manufacture of materials to be supplied by him under contract, which must by terms of contract be tested, in order that District may arrange for testing of same at source of supply. Any materials shipped by Contractor from source of supply prior to having satisfactorily passed such testing and inspection, or prior to receipt of notice from said representative that such testing and inspection will not be required, shall not be incorporated in work without prior approval of District and subsequent testing and inspection.

K. Work shall not be covered without the Inspector's review and the Architect's knowledge that the work conforms to the requirements of the approved Plans and Specifications. Inspector must be timely notified of inspections and of new areas so work can be inspected at least 48 hours before opening

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a new area (For example, see DSA Form 156 for Commencement/Completion of Work Notification which requires “at least 48 hour” advance notification of a new area). An Inspector must comply with

DSA protocols for signing each category or phase of work under DSA Form 152 (in compliance with the

Form 152 Manual) or a Notice of Deviation (DSA Form 154) will be issued requiring the work that was not inspected be uncovered for inspection. Thus, if a portion of the work is covered without inspection or

Architect approval, is subject to a Notice of Non-Compliance for being undertaken without inspection, or otherwise not in compliance with the Contract Documents, after issuance of a Written Notice of Non-

Compliance (Form 154) or a written notice to uncover work, Contractor shall promptly uncover all work

(which includes furnishing all necessary facilities, labor, and material) for the Inspector’s or the

Architect's observation and be replaced at the Contractor’s expense without change in the Contract Sum or Time.

L. If a portion of the work has been covered is believed to be Non-Conforming to the Plans and Specifications, even if the Form 152 for the category of work has been signed by the Inspector, the

Inspector or the Architect may request to see such work, and it shall be promptly uncovered by the

Contractor. If such work is in accordance with the Contract Documents, costs of uncover and replacement shall, by appropriate Change Order and shall, be charged to the District. If such work is not in accordance with Contract Documents, the Contractor shall be responsible for all costs to uncover the work, delays incurred to uncover the work, and Contractor shall pay all costs to correct the incorrectly construction condition unless the condition was caused by the District or a separate contractor, in which event the District shall be responsible for payment of such costs to the Contractor.

M. The District will pay costs for all tests and inspections and shall be reimbursed by the

Contractor for such costs under the following conditions:

(1) When such costs are stipulated in the provisions of the Contract documents to be borne by the Contractor;

(2) When a material is tested or inspected and fails to meet the requirements of the specifications and/or drawings;

(3) When the source of the material is changed after the original test or inspection has been made and approved.

N. If, in the opinion of the District, subsequent delivery of a tested material seems inferior to, or differs from, the original, said material shall be retested upon written order from the District and, should the material fail to meet the requirements of the specifications and/or drawings, the Contractor shall pay all costs of such tests, but where the material does pass the requirements, the District will pay the cost.

O. All tests and inspections specified for each material shall be made in accordance with the detailed specifications for tests or inspections of the material as specified.

P. If a material is not required to be tested, the District may require the Contractor to furnish a certificate bearing the official and legal signature of the supplier, with each delivery of such material, stating that the material complies with the specifications.

ARTICLE 24 STATE AUDIT

Pursuant to and in accordance with the provisions of Government section 10532, or any amendments thereto, all books, records, and files of District, Contractor, or any subcontractor connected

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with the performance of this Contract involving the expenditure of state funds in excess of ten thousand dollars ($10,000.00), including, but not limited to, the administration thereof, shall be subject to the examination and audit of the Office of the Auditor General of the State of California for a period of three

(3) years after final payment is made under this Contract. Contractor shall preserve and cause to be preserved such books, records and files for the audit period.

ARTICLE 25 PREFERENCE FOR MATERIALS AND SUBSTITUTIONS

A. One Product Specified.

Unless the plans and specifications state that no substitution is permitted, whenever the Contract Documents indicate any specific article, device, equipment, product, material, fixture, patented process, form, method, construction or any specific name, make, trade name, or catalog number, with or without the words “or equal,” such specification shall be deemed to be used for the purpose of facilitating the description of the material, process, or article desired shall be deemed to be followed by the words A or equal.

@

B. Request for Substitution.

Bidder may, unless otherwise stated, offer any material, process, article, etc., which shall be materially equal or better in every respect to that so indicated or specified (“Specified Item”) and will completely accomplish the purpose of the Contract Document. If bidder desires to offer a substitution for a Specified Item, such bidder must make a request in writing on

District’s Substitution Request form (“Request Form”) and submit the completed Request Form with their bid. The Request Form must be accompanied by evidence as to whether the proposed substitution:

(1) Is equal in quality service ability to the Specified Item;

(2) Will entail no changes in detail, construction and scheduling of related work;

(3) Will be acceptable in consideration of the required design and artistic effect;

(4) Will provide no cost disadvantage to District;

(5) Will require no excessive or more expensive maintenance, including adequacy and availability of replacement parts; and

(6) Will require no change of the construction schedule.

In completing the Request Form, bidder must state with respect to each requested substitution whether bidder will agree to provide the Specified Item in the event that District denies bidder’s request for substitution of a Specified Item. In the event that bidder does not agree in the Request Form to provide the Specified Item and the District denies the requested substitution, the bidder’s bid shall be considered non-responsive and the District may award the contract to the next lowest bidder or in its sole discretion release all bidders. In the event that bidder has agreed in the Request Form to provide the

Specified Item and the District denies bidder’s requested substitution for a Specified Item, bidder shall execute the Agreement and provide the Specified Item without any additional cost or charges to the

District, and if bidder fails to execute the Agreement with the Specified Item(s), bidder’s bid bond will be a forfeited.

After the bids are opened, the apparent lowest bidder shall provide within five days of opening such bids, any and all drawings, specification, samples, performance data, calculations, and other information as may be required to assist the Architect and the District in determining whether the proposed substitution is acceptable. The burden of establishing these facts shall be upon the bidder.

After the District’s receipt of such evidence by bidder, District will make its final decision as to whether the bidder’s request for substitution for any Specified Items will be granted. The decision as to whether a proposed request for substitution is equal to a Specified Item shall be the sole discretion of

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District. Any request for substitution which is granted by the District shall be documented and processed through a Change Order. The District may condition its approval of any substitution upon delivery to

District of an extended warranty or other assurances of adequate performance of the substitution. Any and all risks of delay due to DSA, or any other governmental agency having jurisdiction shall be on the bidder.

ARTICLE 26 SAMPLES

A. Contractor shall furnish for approval, within thirty-five (35) days following award of

Contract, all samples as required in specifications together with catalogs and supporting data required by

District. This provision shall not authorize any extension of time for performance of this Contract. District shall review such samples, as to conformance with design concept of work and for compliance with information given in contract documents and approve or disapprove same within ten (10) working days from receipt of same.

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

C. Samples of materials and/or articles shall, upon demand of District, be submitted for tests or examinations and consideration before incorporation of same in work is started. Contractor shall be solely responsible for delays due to samples not being submitted in time to allow for tests. Acceptance or rejection will be expressed in writing. Work shall be equal to approved samples in every respect. Samples which are of value after testing will remain the property of Contractor.

ARTICLE 27 PROGRESS SCHEDULE

A. Time limits stated in the Contract Documents are of the essence to the Contract. By executing the Agreement, the Contractor confirms that the Contract Time is a reasonable period for performing the work.

Baseline Schedule Requirements. B.

(1) Timing. Within ten (10) calendar days after Notice to Proceed, Contractor shall submit a practical schedule showing the order in which the Contractor proposes to perform the work, and the dates on which the Contractor contemplates starting and completing the salient categories of the work. This first schedule which outlines the Contractor’s view of the practical way in which the work will be accomplished is the Baseline Schedule. If the Contractor fails to submit the Baseline Schedule with the ten (10) days noted then the District may withhold processing and approval of progress payments.

(2) Schedule Must Be Within the Given Contract Time. The Baseline Schedule shall not exceed time limits set forth in the Contract Documents and shall comply with all of the scheduling requirements as set forth in the Specifications.

(3) Submittals Must Be Incorporated. Contractor shall include submittals as line items in the Baseline Schedule. Submittals shall not delay the work, milestones, or the completion date. Failure to include submittals in the Baseline Schedule shall be deemed a material breach by the Contractor.

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(4) No Early Completion. Contractor shall not submit a schedule showing early completion without indicating float time through the date set for Project completion by the

District. Contractor’s Baseline Schedule shall account for all days past early completion as float which belongs to the Project. Usage of float shall not entitle Contractor to any delay claim or damages due to delay.

(5) Use of Schedule Provided in Bid Documents. In some cases, the Bid will include a preliminary schedule indicating milestones and construction sequences for the Project along with general timing for the Project. The preliminary schedule is not intended to serve as the

Baseline Schedule utilized for construction. It is up to the Contractor to study and develop a

Baseline Schedule to address the actual durations and sequences of work that is anticipated while maintaining the milestones provided by the District. Contract shall obtain information from

Contractor’s subcontractors and vendors on the planning, progress, delivery of equipment, coordination, and timing of availability of subcontractors so a practical plan of work is fully developed and represented in the Baseline Schedule.

(6) Incorrect Logic, Durations, Sequences, or Critical Path. The District may reject or indicate durations, sequences, critical path or logic are not acceptable and request changes.

The electronic copy of the Baseline Schedule shall have adequate information so logic ties, duration, sequences and critical path may be reviewed electronically. Contractor is to diligently rebuild and resubmit the Baseline Schedule to represent the Contractor’s plan to complete the work and maintain milestones at the next Progress meeting, or before the next progress meeting.

If Contractor is not able to build a schedule that is acceptable to the District or Architect, the

District reserves the right to utilize the unapproved originally submitted Baseline Schedule (See

Article 27.B (9)) and the comments submitted to hold Contractor accountable for timely delivery of work and maintenance of milestones. Furthermore, Contractor's representations in the

Baseline Schedule, if unacceptable, may also be used as a basis for termination of the Contract if

Contractor fails to adequately maintain the schedule and falls significantly behind without undertaking the efforts to either submit and follow a recovery schedule or fail to submit a recovery schedule and make no effort toward recovery on the Project.

(7) Contractor Responsibility Even if Schedule Issues Are Not Discovered. Failure on the part of the District to discover errors or omissions in schedules submitted shall not be construed to be an approval of the error or omission and a flawed schedule is not grounds for a time extension.

(8) Failure to Meet Requirements. Failure of the Contractor to provide proper schedules as required by this Article is a material breach of the Contract and grounds for termination. The District, at its sole discretion, may choose, instead, to withhold, in whole or in part, any progress payments or retention amounts otherwise payable to the Contractor.

(9) Use of an Unapproved Baseline Schedule. If Baseline Schedule submitted is unacceptable to the District (i.e. failing to meet the requirements of Article 27.B) and Contractor does not incorporate or address the written comments to the schedule and a Baseline Schedule is not approved, but due to extreme necessity, the District moves forward without an approved

Baseline Schedule, Contractor shall diligently revise and meet schedule update requirements of this Article and incorporate all Article 27.B comments in all updates). However, for purposes of termination pursuant to Article 15, the schedule initially submitted shall be treated as a Baseline

Schedule with durations shortened to accommodate all float and other mandatory schedule

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requirements under Article 27.B as well as incorporating all revisions from District or Architect that are noted.

C. Update Schedules.

(1) Updates Shall Be Based on Approved Baseline Schedule. Except in the case where there has not been agreement as to a Baseline Schedule, after there has been agreement as to the Baseline Schedule, the Baseline Schedule shall be used to build future schedule updates.

Schedule updates shall be a CPM based schedule consistent with the Baseline Schedule requirements of Article 27.B. In the case of utilization of Article 27.B(9) and no Baseline

Schedule has been approved, schedule updates shall be provided monthly and each update shall incorporate all comments and revisions noted as not complying with the requirements of Article

27.B. Contractor shall be held to the Article 27.B(9) unapproved Baseline Schedule, inclusive of all milestones, adjusted for comments and all required Baseline Schedule inclusions under Article

27.B.

(2) Schedule Updates. Contractor shall update the schedule each month to address actual start dates and durations, the percent complete on activities, actual completion dates, estimated remaining duration for the work in progress, estimated start dates for work scheduled to start at future times and changes in duration of work items.

(3) Recovery Schedule. In addition to providing a schedule update every thirty (30) days, the Contractor, if requested by the Architect or District, shall take the steps necessary to improve Contractor’s progress and demonstrate to the District and Architect that the Contractor has seriously considered how the lost time, the Completion Date, or the milestones that are required to be met within the terms of the Contract. Contractor shall immediately provide a recovery schedule showing how the Completion Date will be met. In no case, shall a recovery schedule be provided later than ten (10) days following the request for a recovery schedule from the Architect or District.

ARTICLE 28 MATERIALS AND WORK

A. Except as otherwise specifically stated in this Contract, Contractor shall provide and pay for all materials, labor, tools, equipment, transportation, superintendence, temporary constructions of every nature, and all other services and facilities of every nature whatsoever necessary to execute and complete this Contract within specified time.

B. Unless otherwise specified, all materials shall be new and shall be of the respective kinds and grades as noted or specified.

C. Materials shall be furnished in ample quantities and at such times as to insure uninterrupted progress of work and shall be stored properly and protected as required. Contractor shall be entirely responsible for damages or loss by weather or other causes to materials or work under this

Contract.

D. Contractor shall, after award of Contract by District, place orders for materials and/or equipment as specified so that delivery of same may be made without delays to the work. Contractor shall, upon demand from the District, furnish to the District documentary evidence showing that orders have been placed.

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E. No material, supplies, or equipment for work under this Contract shall be purchased subject to any chattel mortgage or under a conditional sale or other agreement by which an interest therein or in any part thereof is retained by seller or supplier. Contractor warrants good title to all material, supplies, and equipment installed or incorporated in work and agrees upon completion of all work to deliver premises, together with all improvements and appurtenances constructed or placed thereon by it, to District free from any claims, liens, or charges. Contractor further agrees that neither it nor any person, firm, or corporation furnishing any materials or labor for any work covered by this Contract shall have any right to place a lien upon the premises or any improvement or appurtenance thereof, except that

Contractor may install metering devices or other equipment of a utility company or political subdivision, title to which is commonly retained by the utility company or political subdivision. In event of installation of any such metering device or equipment, Contractor shall advise District as to its owner.

F. For all material and equipment specified or indicated in the Drawings, the Contractor shall provide all labor, materials, equipment, and services necessary for complete assemblies and complete working systems. Incidental items not indicated on the Drawings, nor mentioned in the Specifications, that can legitimately and reasonably be inferred to belong to the work described, or be necessary in good practice to provide a complete assembly or system, shall be furnished as though itemized here in every detail. In all instances, material and equipment shall be installed in strict accordance with each manufacturer’s most recent published recommendations and specifications.

ARTICLE 29 OBTAINING OF PERMITS, LICENSES AND EASEMENTS

Permits, licenses, and certificates necessary for prosecution of work shall be secured and paid for by

Contractor, unless otherwise specified. All such permits, licenses, and certificates shall be delivered to

Architect before demand is made for the certificates of final payment. Contractor shall, and shall require subcontractors to, maintain Contractor’s licenses in effect as required by law.

ARTICLE 30 ACCESS TO WORK

District and its representatives shall at all times have access to work wherever it is in preparation or progress. Contractor shall provide safe and proper facilities for such access so that District’s representatives may perform their functions.

ARTICLE 31 SANITARY FACILITIES

If applicable, Contractor shall provide sanitary temporary facilities in no fewer numbers than required by law.

ARTICLE 32 CLEANING UP

Contractor at all times shall keep premises free from debris such as waste, rubbish, and excess materials and equipment caused by the work. Contractor shall not leave debris under, in, or about the premises, but shall promptly remove same from the premises. Upon completion of work, Contractor shall clean interior and exterior of building, including fixtures, equipment, walls, floors, ceilings, roofs, window sills and ledges, horizontal projections, and any areas where debris has collected so surfaces are free from foreign material or discoloration; Contractor shall clean and polish all glass, plumbing fixtures, and finish hardware and similar finish surfaces and equipment and remove temporary fencing, barricades, planking,

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sanitary facilities and similar temporary facilities from site. If Contractor fails to clean up, District may do so and the cost thereof shall be charged to Contractor.

ARTICLE 33 GUARANTEE

A. In addition to guarantees required elsewhere, Contractor shall, and hereby does guarantee all work furnished on the job against all defects for a period of one year after date of acceptance of work by District and shall repair or replace any and all such work, together with any other work, which may be displaced in so doing that may prove defective in workmanship and/or materials within one year period from date of acceptance without expense whatsoever to District, ordinary wear and tear, unusual abuse or neglect excepted. District will give notice of observed defects to Contractor and Surety with reasonable promptness. Contractor shall notify District upon completion of such repairs or replacement.

B. Contractor Warrants that the WORK (which includes any equipment furnished by

Contractor as a part of the materials) shall: (a) Be free from defects in workmanship and material; (b) Be free from defects in any design performed by Contractor; (c) Be new, and conform and perform to the requirements stated in the Specifications, and where detail requirements are not so stated, shall conform to applicable industry standards; and (d) Be suitable for the use stated in the Specifications.

C. The warranty period for discovery of DEFECTIVE WORK shall commence on the date stamped on the Notice of Completion verifying County registration and continue for the period set forth in the Specifications or for one year if not so specified. If, during the warranty period, the WORK is not available for use due to DEFECTIVE WORK, such time of unavailability shall not be counted as part of the warranty period. The warranty period for corrected DEFECTIVE WORK shall continue for a duration equivalent to the original warranty period.

ARTICLE 34 DUTY TO PROVIDE FIT WORKERS

A. Contractor and Subcontractors shall at all times enforce strict discipline and good order among their employees and shall not employ on any person not skilled in the work assigned to such person. It shall be the responsibility of Contractor to ensure compliance with this Article.

B. Any person in the employ of the Contractor or subcontractors whom District may deem unfit shall be excluded from the work site and shall not again be employed on it except with written consent of District. As used in this Article, “unfit” means any person who the District concludes is either not, or improperly, skilled for the task assigned to that person, who fails to comply with the requirements of this Article, or who creates safety hazards which jeopardize other persons and/or property.

C. Contractor shall take all reasonable steps necessary to insure that any employees of

Contractor or any of its subcontractors employees do not use, consume, or work under the influence of any alcohol or illegal drugs while on the Project. Contractor shall further prevent any of its employees or its subcontractor employees from playing any recorded music devices or radios or wearing any radio headphone devices for entertainment while working on the Project. Likewise, Contractor shall preclude any of its employees or subcontractor’s employees from bringing any animal onto the Project.

ARTICLE 35 FINGERPRINTING

If applicable, Contractor shall comply with all provisions of either Education Code section

45125.1 or 45125.2. Pursuant to Education Code section 45125.1, Contractor shall conduct criminal

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background checks of all employees of Contractor assigned to the District, and shall certify that no employees who have been convicted of serious or violent felonies, as specified in Education Code section

45125.1, will have contact with pupils, by utilizing the certification set forth in the bid documents. As part of such certification, Contractor must provide the District with a list of all employees providing services pursuant to this Agreement, and designate which sites such employees will be assigned. In performing the services set forth in this Agreement, Contractor shall not utilize any employees who are not included on the above-referenced list. At District’s sole discretion, District may make a finding, as authorized under Education Code section 45125.1, that Contractor’s employees will have only “limited contact” with pupils. Contractor’s failure to comply with this law shall be considered a material breach of this Agreement upon where this Agreement may be terminated, at District’s sole discretion, without any further compensation to Contractor.

Pursuant to Section 45125.2 Contractor shall ensure the safety of pupils by the installation of a physical barrier at the worksite and by continual supervision and monitoring of all these employees by an employee of Contractor whom the Department of Justice has ascertained has not been convicted of a serious or violent felony, as defined in Education Code section 45125.2 (c).

ARTICLE 36 WAGE RATES, TRAVEL AND SUBSISTENCE

A. Wage Rates.

Pursuant to the provisions of Article 2 (commencing at § 1720), Chapter 1,

Part 7, Division 2, of the Labor Code, the District has obtained the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which this public works project is to be performed for each craft, classification, or type of worker needed for this Project from the Director of the Department of Industrial Relations (“Director”). These rates are on file at the administrative office of the District and are also available from the Director of the Department of

Industrial Relations. Copies will be made available to any interested party on request. The Contractor shall post a copy of such wage rates at appropriate, conspicuous, weatherproof points at the Site.

Any worker employed to perform work on the Project, but such work is not covered by any classification listed in the published general prevailing wage rate determinations or per diem wages determined by the Director of the Department of Industrial Relations, shall be paid not less than the minimum rate of wages specified therein for the classification which most nearly corresponds to the employment of such person in such classification.

B. Holiday and Overtime Pay.

Holiday and overtime work, when permitted by law, shall be paid for at the rate set forth in the prevailing wage rate determinations issued by the Director of the

Department of Industrial Relations or at least one and one-half (1½) times the specified basic rate of per diem wages, plus employer payments, unless otherwise specified in the contract documents or authorized by law.

C. Wage Rates Not Affected by Subcontracts.

The Contractor shall pay and shall cause to be paid each worker engaged in the execution of the work on the Project not less than the general prevailing rate of per diem wages determined by the Director, regardless of any contractual relationship which may be alleged to exist between the Contractor or any Subcontractor and such workers.

D. Per Diem Wages.

The Contractor shall pay and shall cause to be paid to each worker needed to execute the work on the Project per diem wages including employer payments for health and welfare, pensions, vacation, travel time and subsistence pay as provided for in Labor Code §1773.1.

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E. Forfeiture and Payments.

Pursuant to Labor Code §1775, the Contractor shall forfeit to the District, not more than Two Hundred Dollars ($200.00) for each calendar day, or portion thereof, for each worker paid less than the prevailing wages rates as determined by the Director of the Department of

Industrial Relations, for the work or craft in which the worker is employed for any work done under the

Agreement by the Contractor or by any Subcontractor under it. The amount of the penalty shall be determined by the Labor Commissioner and shall be based on consideration of: (1) whether the

Contractor or Subcontractor’s failure to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily correct upon being brought to the attention of the

Contractor or Subcontractor; and (2) whether the Contractor or Subcontractor has a prior record of failing to meet its prevailing wage obligations.

F. Monitoring and Enforcement by Labor Commissioner . Monitoring and enforcement of the prevailing wage laws and related requirements will be performed by the Labor Commissioner/

Department of Labor Standards Enforcement (DLSE). The Contractor and all Subcontractors shall be required to furnish, at least monthly, certified payroll records directly to the Labor Commissioner in accordance with Labor Code section 1771.4. All payroll records shall be furnished in a format required by the Labor Commissioner. The Contractor and all Subcontractors must sign up for, and utilize, the

Labor Commissioner's electronic certified payroll records submission system. The District will have direct and immediate access to all CPRs for the Project that are submitted through the Labor

Commissioner's system. The District can use this information for any appropriate purpose, including monitoring compliance, identifying suspected violations, and responding to Public Records Act requests.

The Labor Commissioner and DLSE may conduct various compliance monitoring and enforcement activities including, but not limited to, confirming the accuracy of payroll records, conducting worker interviews, conducting audits, requiring submission of itemized statements prepared in accordance with Labor Code section 226, and conducting random in-person inspections of the Project site

(“On-Site Visits”). On-Site Visits may include inspections of records, inspections of the work site and observation of work activities, interviews of workers and others involved with the Project, and any other activities deemed necessary by the Labor Commissioner/DLSE to ensure compliance with prevailing wage requirements. The Labor Commissioner/DLSE shall have free access to any construction site or other place of labor and may obtain any information or statistics pertaining to the lawful duties of the

Labor Commissioner/DLSE.

Any lawful activities conducted or any requests made by the Labor Commissioner/DLSE shall not be the basis for any delays, claims, costs, damages or liability of any kind against the District by the

Contractor. Contractor and all Subcontractors shall cooperate and comply with any lawful requests by the

Labor Commissioner/ DLSE. The failure of the Labor Commissioner, DLSE, or any other entity related to the Department of Industrial Relations to comply with any requirement imposed by the California Code of Regulations, Title 8, Chapter 8 shall not of itself constitute a defense to the failure to pay prevailing wages or to comply with any other obligation imposed by Division 2, Part 7, Chapter 1 of the Labor

Code.

Prior to commencing any work on the Project, the Contractor shall post the required notice/poster required under the California Code of Regulations and Labor Code section 1771.4 in both English and

Spanish at a conspicuous, weatherproof area at the Project site. The required notice/poster is available on the Labor Commissioner's website.

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ARTICLE 37 PAYROLL RECORDS

A. Pursuant to §1776 of the Labor Code, each Contractor and Subcontractor shall keep an accurate payroll record showing the name, address, social security number, work classification and straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by him or her in connection with the

Project.

B. All payroll records as specified in Labor Code §1776 of the Contractor and all

Subcontractors of any tier shall be certified and furnished directly to the Labor Commissioner in accordance with Labor Code §1771.4(a), (3) on a monthly basis (or more frequently if required by the

District or the Labor Commissioner) and in a format prescribed by the Labor Commissioner. Payroll records as specified in Labor Code §1776 shall be certified and submitted to the District with each application for payment. All payroll records shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis:

(1) A certified copy of an employee’s payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request.

(2) A certified copy of all payroll records shall be made available for inspection or furnished upon request to a representative of District, the Division of Labor Standards

Enforcement and the Division of Apprenticeship Standards of the Department of

Industrial Relations.

(3) A certified copy of all payroll records shall be made available upon request by the public for inspection or for copies thereof. However, a request by the public shall be made through the District, the Division of Apprenticeship Standards or the Division of

Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to Paragraph (2) above, the requesting party shall, prior to being provided the records, reimburse the costs of the preparation by the Contractor, Subcontractors, and the entity through which the request was made. The public shall not be given access to such records at the principal office of the Contractor.

C. The certified payroll records shall be on forms provided by the Division of Labor

Standards Enforcement or shall contain the same information as the forms provided by the Division.

D. The Contractor or Subcontractor(s) shall file a certified copy of all payroll records with the entity that requested such records within 10 days after receipt of a written request.

E. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the District, the Division of Apprenticeship Standards or the

Division of Labor Standards Enforcement shall be marked or obliterated to prevent disclosure of an individual’s name, address and social security number. The name and address of the Contractor awarded the Contract or the Subcontractor(s) performing the Contract shall not be marked or obliterated. Any copy of records made available for inspection by, or furnished to, a joint labor-management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (Section 175a of Title 29 of the United States Code) shall be marked or obliterated only to prevent disclosure of an individual’s name and social security number. Notwithstanding any other provision of law, agencies that are included in the Joint Enforcement Strike Force on the Underground Economy established pursuant to Section 329

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of the Unemployment Insurance Code and other law enforcement agencies investigating violations of law shall, upon request, be provided non-redacted copies of certified payroll records.

F. The Contractor shall inform the District of the location of all payroll records, including the street address, city and county, and shall, within five working days, provide a notice of a change of location and address.

G. The Contractor or Subcontractor(s) shall have 10 days in which to comply subsequent to receipt of a written notice requesting payroll records. In the event that the Contractor or Subcontractor(s) fails to comply within the 10-day period, the Contractor or Subcontractor(s) shall, as a penalty to the

District, forfeit One Hundred Dollars ($100.00) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. The Contractor is not subject to a penalty due to the failure of a Subcontractor to comply with this section.

The responsibility for compliance with this Article shall rest upon the Contractor.

ARTICLE 38 WITHHOLDING OF CONTRACT PAYMENTS & PENALTIES

The District may withhold or delay contract payments to the Contractor and/or any Subcontractor if:

(1) The required prevailing rate of per diem wages determined by the Director of the

Department of Industrial Relations is not paid to all workers employed on the Project; or

(2) The Contractor or Subcontractor(s) fail to submit all required certified payroll records with each application for payment, but not less than once per month; or

(3) The Contractor or Subcontractor(s) submit incomplete or inadequate payroll records; or

(4) The Contractor or Subcontractor(s) fail to comply with the Labor Code requirements concerning apprentices; or

(5) The Contractor or Subcontractor(s) fail to comply with any applicable state laws governing labor on public works projects.

ARTICLE 39 APPRENTICES

A. Apprentice Wages and Definitions.

All apprentices employed by the Contractor to perform services under the Contract shall be paid the standard wage paid to apprentices under the regulations of the craft or trade at which he or she is employed, and as determined by the Director of the

Department of Industrial Relations, and shall be employed only at the work of the craft or trade to which he or she is registered. Only apprentices, as defined in §3077 of the Labor Code, who are in training under apprenticeship standards that have been approved by the Chief of the Division of Apprenticeship

Standards and who are parties to written apprenticeship agreements under Chapter 4 (commencing with

§3070) of Division 3, are eligible to be employed under this Contract. The employment and training of each apprentice shall be in accordance with the apprenticeship standards and apprentice agreements under

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which he or she is training or in accordance with the rules and regulations of the California

Apprenticeship Council.

B. Employment of Apprentices.

Contractor agrees to comply with the requirements of

Labor Code §1777.5. The Contractor awarded the Project, or any Subcontractor under him or her, in performing any of the work under the Contract or subcontract, employs workers in any apprenticeable craft or trade, the Contractor and Subcontractor shall employ apprentices in the ratio set forth in Labor

Code §1777.5 and may apply to any apprenticeship program in the craft or trade that can provide apprentices to the Project site for a certificate approving the Contractor or Subcontractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected.

However, the decision of the apprenticeship program to approve or deny a certificate shall be subject to review by the Administrator of Apprenticeship. The apprenticeship program or programs, upon approving the Contractor or Subcontractor, shall arrange for the dispatch of apprentices to the Contractor or Subcontractor. The Contractor or Subcontractor covered by an apprenticeship program’s standards shall not be required to submit any additional application in order to include additional public works contracts under that program. “Apprenticeable craft or trade” as used in this Article means a craft or trade determined as an apprenticeable occupation in accordance with the rules and regulations prescribed by the

California Apprenticeship Council. The ratio of work performed by apprentices to journeyman employed in a particular craft or trade on the Project shall be in accordance with Labor Code §1777.5.

C. Submission of Contract Information.

Prior to commencing work on the Project, the

Contractor and Subcontractors shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the Project and make the request for the dispatch of apprentices in accordance with the Labor Code. The information submitted shall include an estimate of journeyman hours to be performed under the Contact, the number of apprentices proposed to be employed, and the approximate dates the apprentices would be employed. A copy of this information shall also be submitted to the District if requested. Within 60 days after concluding work on the Project, the Contractor and

Subcontractors shall submit to the District, if requested, and to the apprenticeship program a verified statement of the journeyman and apprentice hours performed on the Project.

D. Apprentice Fund.

The Contractor or any Subcontractor under him or her, who, in performing any of the work under the Contract, employs journeymen or apprentices in any apprenticeable craft or trade shall contribute to the California Apprenticeship Council the same amount that the director determines is the prevailing amount of apprenticeship training contributions in the area of the Project.

The Contractor and Subcontractors may take as a credit for payments to the Council any amounts paid by the Contractor or Subcontractor to an approved apprenticeship program that can supply apprentices to the

Project. The Contractor and Subcontractors may add the amount of the contributions in computing his or her bid for the Contract.

E. Prime Contractor Compliance.

The responsibility of compliance with this Article and

§1777.5 of the Labor Code for all apprenticeable occupations is with the Prime Contractor. Any

Contractor or Subcontractor that knowingly violates the provisions of this Article or Labor Code §1777.5 shall be subject to the penalties set forth in Labor Code §1777.7.

ARTICLE 40 PROTECTION OF PERSONS AND PROPERTY

A. The Contractor shall be responsible for all damages to persons or property that occur as a result of its fault or negligence in connection with the prosecution of this Contract and shall take all necessary measures and be responsible for the proper care and protection of all materials delivered and

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work performed until completion and final acceptance by the District. All work shall be solely at the

Contractor’s risk, with the exception of damage to the work caused by “acts of God” as defined in

Government Code section 4151(b). Contractor’s liability for any injury or damage proximately caused by any “act of God” shall be limited to five percent (5%) of the Contract price pursuant to Government Code section 4150.

B. Contractor shall take, and require subcontractor to take, all necessary precautions for safety of workers on the work and shall comply with all applicable federal, state, local and other safety laws, standards, orders, rules, regulations, and building codes to prevent accidents or injury to persons on, about, or adjacent to premises where work is being performed and to provide a safe and healthful place of employment. In addition to meeting all requirements of OSHA, Cal-OSHA, state, and local codes,

Contractor shall furnish, erect and properly maintain at all times, as directed by District or Architect or required by conditions and progress of work, all necessary safety devices, safeguards, construction canopies, signs, audible devices for protection of the blind, safety rails, belts and nets, barriers, lights, and watchmen for protection of workers and the public and shall post danger signs warning against hazards created by such features in the course of construction. Contractor shall designate a responsible member of its organization on the work, whose duty shall be to post information regarding protection and obligations of workers and other notices required under occupational safety and health laws, to comply with reporting and other occupational safety requirements, and to protect the life, safety and health of workers. Name and position of person so designated shall be reported to District by Contractor.

Contractor shall correct any violations of safety laws, rules, orders, standards, or regulations. Upon the issuance of a citation or notice of violation by the Division of Occupational Safety and Health, such violation shall be corrected promptly.

C. In an emergency affecting safety of life, of work, or of adjoining property, Contractor, without special instruction or authorization from Architect or District, is hereby permitted to act, at its discretion, to prevent such threatened loss or injury; and Contractor shall so act if so authorized or instructed by Architect or District. District will not hold Contractor liable for damages proximately caused by Contractor’s actions if such actions were reasonably necessary to prevent loss of life or injury to person or damage to work or adjoining property. Any compensation claimed by Contractor on account of emergency work shall be determined by agreement.

D. Contractor shall provide such heat, cooling, covering, and enclosures as are necessary to protect all work, materials, equipment, appliances, and tools against damage by weather conditions.

E. Contractor shall take adequate precautions to protect existing roads, sidewalks, curbs, pavements, utilities, adjoining property and structures (including, without limitation, protection from settlement or loss of lateral support), and to avoid damage thereto, and repair any damage thereto caused by construction operations. All permits, licenses, or inspection fees required for such repair work shall be obtained and paid for by Contractor.

F. Contractor shall (unless waived by the District in writing):

(1) When performing new construction on existing sites, become informed and take into specific account the maturity of the students on the site; and perform work which may interfere with school routine before or after school hours, enclose working area with a substantial barricade, and arrange work to cause a minimum amount of inconvenience and danger to students and faculty in their regular school activities. The Contractor shall

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comply with specifications and directives of the District regarding the timing of certain construction activities in order to avoid unnecessary interference with school functioning.

(2) Provide substantial barricades around any shrubs or trees indicated to be preserved.

(3) Deliver materials to building area over route designated by Architect of District.

(4) Take preventive measures to eliminate objectionable dust.

(5) Confine apparatus, the storage of materials, and the operations of workers to limits indicated by law, ordinances, permits or directions of Architect; and shall not interfere with the work or unreasonably encumber premises or overload any structure with materials; and enforce all instructions of District and Architect regarding signs, advertising, fires, and smoking and require that all workers comply with all regulations while on construction site.

(6) Take care to prevent disturbing or covering any survey markers, monuments, or other devices marking property boundaries or corners. If such markers are disturbed by accident, they shall be replaced by an approved land surveyor or civil engineer and all maps and records required therefrom shall be filed with county and local authorities, at no cost to the District. All filing and plan check fees shall be paid by Contractor.

ARTICLE 41 NON-DISCRIMINATION

In the performance of the terms of this Contract, Contractor agrees that it will not engage in nor permit such subcontractor as it may employ to engage in unlawful discrimination in employment of persons because of the race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, or sex of such persons.

ARTICLE 42 COST BREAKDOWN AND PERIODICAL ESTIMATES

A. If applicable, Contractor shall furnish on forms approved by District:

(1) Within ten (10) days of award of Contract a detailed estimate giving complete breakdown of Contract price for each Project or site; and (2) A periodical itemized estimate of work done for purpose of making partial payments thereon. (3) Within ten

(10) days of request of District, a schedule of estimated monthly payments which shall be due Contractor under Contract.

B. Values employed in making up any of these schedules will be used only for determining basis of partial payments and will not be considered as fixing a basis for additions to or deductions from

Contract price.

C. Contractor shall include in any breakdown or estimate the cost of final Project record documents, guarantees, warranties, O & M Manuals, photographs, etc.

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ARTICLE 43 CONTRACTOR CLAIMS & DISPUTES

A. Decision of Architect.

Disputes between District and Contractor involving money or time, including those alleging an error or omission by the Architect shall be referred initially to the

Architect for action as provided in Article 43.E. A decision by the Architect, as provided in Article 43.E, shall be required as a condition precedent to proceeding with remedies set forth in Article 43.F as to all such matters arising prior to the date final payment is due, regardless of whether such matters relate to execution and progress of the work, or the extent to which the work has been completed. The decision by the Architect in response to a Claim shall not be a condition precedent to the remedies under Articles

43.B through 43.E in the event: (1) the position of Architect is vacant; (2) the Architect has not received evidence or has failed to render a decision within agreed time limit; (3) the Architect has failed to take action required under Article 43.D within thirty (30) days after the Claim is made, forty-five (45) days have passed after the Claim has been referred to the Architect; or (4) the Claim relates to a Stop Notice

Claim not arising from any extra change or Construction Change Documents for which approval has not been provided.

B. Architect’s Review.

The Architect will review claims and take one or more of the following preliminary actions within ten (10) days of receipt of a claim: (1) request additional supporting data from the claimant; (2) submit a schedule to the parties indicating when the Architect expects to take action; (3) reject the claim in whole or in part, stating reasons for rejection; (4) recommend approval of the claim; or (5) suggest a compromise. The Architect may also, but is not obligated to, notify the surety, if any, of the nature and amount of the claim.

C. Documentation if Resolved.

If a claim has been resolved, the Architect will prepare or obtain appropriate documentation.

D. Actions if Not Resolved.

If a claim has not been resolved and all documentation requested pursuant to Article 43.B has been provided, the party making the claim shall, within ten (10) days after the Architect’s preliminary response, take one or more of the following actions: (1) modify the initial claim; (2) notify the Architect that the initial claim stands; or (3) supplement with additional supporting data.

E. Architect’s Written Decision.

If a claim has not been resolved after consideration of the foregoing and of other evidence presented by the parties or requested by the Architect, the Architect will notify the parties in writing that the Architect’s decision will be made within twenty (20) days. Upon expiration of such time period, the Architect will render to the parties its written decision relative to the claim, including any change in the Contract Sum or Contract Time or both. The Architect may, but is not obligated to, notify the surety and request the surety’s assistance in resolving the controversy.

F. Continuing Contract Performance.

Pending final resolution of a Claim, including, negotiation, mediation, arbitration, or litigation, the Contractor shall proceed diligently with performance of the Contract, and the District shall continue to make any undisputed payments in accordance with the

Contract. If the dispute is not resolved, Contractor agrees it will neither rescind the contract nor stop the progress of the work, but Contractor’s sole remedy shall be to submit such controversy to determination by a court of competent jurisdiction in the county where the project is located, after the project has been completed, and not before. At the District’s sole option, the District may submit individual disputes for binding arbitration and Contractor agrees to the resolution determined for each individual dispute by

Arbitrator, including resolution of time and delays. If binding arbitration is utilized for individual disputes, such resolution is full and final as to that particular claim.

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G. Claims for Extension of Time.

Subject to the requirements set forth in Article 50, if

Contractor and District cannot agree upon an extension of time, whether compensable or not, the

Contractor must comply with the requirements in this Article including those set forth under Article 44.

ARTICLE 44 CLAIMS PROCEDURES & REQUIREMENTS

A. Procedures and Requirements Applicable to all claims.

(1) Definition of Claim: A “Claim” means a separate demand by the Contractor for

(1) time extension, (2) payment of money or damages arising from work done by or on behalf of the Contractor pursuant to the Contract and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (3) and amount the payment of which is disputed by the District.

(2) Filing Claim is Not Basis To Discontinue Work: The Contractor shall promptly comply with work under the Contract or work requested by the District even though a written claim has been filed. The Contractor and the District shall make good faith efforts to resolve any and all claims that may arise during the performance of the work covered by this contract.

(3) Claim Notification: The Contractor shall within seven (7) calendar days after the claim arises, submit a notification, in writing, with the District stating clearly the basis for the claim. If the notification is not submitted within seven (7) days after the claim arises, the Contractor shall be deemed to have waived all right to assert the claim and the claim shall be denied. Claims submitted after the final payment date shall also be considered null and void by the District. All claims shall be reviewed pursuant to Article 43.

(4) Formal Claim Submission: If the Contractor does not concur with the District’s decision regarding the Claim Notification, the Contractor will issue a formal Claim

Appeal within fourteen (14) days of receipt of the District’s decision and all detailed information in support of the Claim Appeal within thirty (30) days. All appeals shall be submitted before final payment. If the Claim Appeal is not submitted within fourteen

(14) calendar days and detailed information within thirty (30) days, the Contractor shall be deemed to have waived its right to assert the Claim and the Claim shall be denied.

Contractor’s failure to submit any detailed information which is in the possession of

Contractor shall render such information inadmissible by Contractor at trial or arbitration.

(5) Appeal Claim Format: The Contractor shall provide all written detailed documentation which supports the claim, including but not limited to: arguments, justifications, cost, estimates, schedule analysis and detailed documentation. The format of the Claim Appeal shall be as follows: a. b. c. d.

Cover letter.

Summary of factual basis of claim and amount of claim.

Summary of the basis of the claim, including the specific clause and section under the Contract under which the claim is made.

Documents relating to the claim, including:

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(i) Specifications

(ii) Drawings

(iii)

Clarifications (RFI’s)

(iv) Other relevant information

(v) Analysis of claim merit.

(vi) Analysis of claim cost.

(vii) For claims relating to time extensions, an analysis and supporting documentation evidencing any effect upon the critical path.

(viii) Certification.

(ix) Chronology of events and related correspondence.

(x) Daily reports and logs.

(6) Certification: The Contractor (and subcontractors, if applicable) shall submit with the claim a certification under penalty of perjury: a. b. c. d.

That the Contractor has reviewed the claim and that such claim is made in good faith;

Supporting data are accurate and complete to the best of the Contractor’s knowledge and belief;

The amount requested accurately reflects the amount of compensation for which the Contractor believes the District is liable.

That the Contractor is familiar with Government Code section 12650 et seq. and Penal Code section 72, and that false claims can lead to substantial fines and/or imprisonment.

(7) Signature of Certification: If the Contractor is not an individual, the certification shall be executed by an officer or general partner of the Contractor having overall responsibility for the conduct of the Contractor’s affairs.

(8) Mandatory Claim Appeal Procedure: The Contractor’s Claim Appeal shall be denied if it fails to provide the written basis of the claim and certification as set forth herein.

(9) District May Request Additional Information: Within thirty (30) days of receipt of the Claim Appeal and the information under this Article, the District may request in writing any additional documentation supporting the claim or documentation relating to defenses to the claim which the District may assert.

B. Claims Procedures in Addition to Government Code Claim.

Nothing in the claims procedures set forth in this Article 44 of the General Conditions shall act to waive or relieve the

Contractor from meeting the requirements set forth in Government Code section 900 et seq.

C. Binding Arbitration of Individual Claim Issues.

At the District’s sole option, the

District may submit individual disputes, or claims, to binding arbitration and Contractor agrees to the resolution determined for each individual dispute by Arbitrator, including resolution of time and delays.

If binding arbitration is utilized, such resolution is a full and final resolution of the particular claim or dispute. Under no circumstances may the Contractor stop work, rescind its contract or otherwise slow the progress of work during resolution of individual claims in binding Arbitration.

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C. Resolution of Disputes in Court of Competent Jurisdiction.

If claims are not resolved under the procedure set forth and pursuant to Article 44.C, such claim or controversy shall be submitted to a court in the county of competent jurisdiction after the Project has been completed, and not before.

Prior to the filing of any such action in accordance with this Paragraph, the Contractor shall comply with the requirements set forth in Government Code section 900 et seq.

E. Warranties, Guarantees and Obligations.

The duties and obligations imposed by these

General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon Contractor by the General Conditions and amendments thereto; and all of the rights and remedies available to District and Architect thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by laws or regulations by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this Article will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply.

ARTICLE 45 PAYMENTS TO CONTRACTOR

A. Unless otherwise specified, each month within thirty (30) days after approval of the

Request for Payment, Contractor shall be paid a sum equal to ninety-five percent (95%) of the value of the work performed (as certified by Architect and Inspector and verified by Contractor) up to the last day of the previous month, less the aggregate of previous payments. The value of the work completed shall be the Contractor’s best estimate. Work completed as estimated shall be an approximation or estimate only and no mistake, inaccuracy, error or falsification in said any approved estimate shall operate to release the Contractor, or any surety upon any bond, from damages arising from such work, or from the

District’s enforcement of each and every provision of this Contract including but not limited to the

Performance Bond and Payment Bond. The District shall have the right to subsequently to correct any mistake, inaccuracy, error or falsification made or otherwise set forth in any approved Request for

Payment and such correction may occur in any future Payment Application or in the final payment to the

Contractor. No Surety upon any bond shall be relieved, released or exonerated of its obligations under this Contract or any applicable bond when the District is unable to correct an overpayment to the

Contractor due to any abandonment by the Contractor or termination by the District.

B. Before payment is made hereunder, the District will review the request for progress payment with District and Inspector for verification that the work for which payment is requested has been performed in accordance with the Terms of the Contract.

C. District and Inspector shall sign the request for payment as verification that the work has been performed. It is understood moreover, that signature of the Inspector and Architect shall not be conclusive upon District, but merely advisory.

D. Upon request by the District, Contractor shall provide lien releases or partial lien releases for payments previously made. Contractor shall not be entitled to any payment for WORK performed if

Contractor has not complied with any lawful direction from the District or has failed to provide lien releases as requested.

E. Prior to final payment, Contractor and each Subcontractor shall certify that the Project does not contain any asbestos containing materials.

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F. After completion of the WORK, Contractor shall make a demand for final payment. The demand for final payment shall identify all disputed and undisputed amounts due under the CONTACT and, all claims for compensation under or arising out of this CONTRACT. The Contractor’s negotiation of the payment of the final amount shall constitute a waiver of all amounts due under the CONTRACT and all claims against District under or arising out of this CONTRACT except those identified by

Contractor in writing, and unsettled before Contractor’s negotiation of final payment. The final payment, if unencumbered, shall be made thirty-five (35) calendar days after recordation of the Notice of

Completion by the County Registrar. Acceptance will be made only by ACTION OF THE

GOVERNING BOARD.

G. In accordance with Public Contract Code section 7100, payments by the District to the

Contractor for any and all undisputed amounts is contingent upon the Contractor furnishing the District with a release of all claims against the District related to such undisputed amounts. Disputed contract claims in stated amounts may be specifically excluded by the Contractor from the operation of the release.

If, however, the Contractor specifically excludes any claims, the Contractor shall provide details such as a specific number of disputed days or costs of any such exclusion in accordance with Articles 44 and 46.

H. No payment by District hereunder shall be interpreted so as to imply that District has inspected, approved, or accepted any part of the WORK.

ARTICLE 46 CHANGES AND EXTRA WORK

A. District may, as provided by law and without affecting the validity of this Contract, order changes, modifications, deletions and extra work by issuance of written change orders from time to time during the progress of the Project, Contract sum being adjusted accordingly. All such work shall be executed under conditions of original Contract except that any claim for an extension of time caused thereby shall be adjusted at time of ordering such change.

B. In giving instructions, Architect shall have authority to make minor changes in work, not involving change in cost, and not inconsistent with purposes of the building. Otherwise, except in an emergency endangering life or property, no extra work or change shall be made unless in pursuance of a written order from District, authorized by action of the Governing Board and no claim for addition to

Contract sum shall be valid unless so ordered.

C. The following format shall be used as applicable by the District and the Contractor to communicate proposed additions and deductions to the Contract:

EXTRA CREDIT

(a) Material (attach itemized quantity and unit cost plus sales tax) ________ ________

(b) Labor (attach itemized hours and rates)

(c) Equipment (attach invoices)

(d) Subtotal

________

________

________

________

________

________

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(e) If Subcontractor performed work, add

Subcontractor’s overhead and profit to portions performed by Sub-contractor, not to exceed fifteen percent (10%) of item (d).

EXTRA

________

(g) Subtotal

(h) General Contractor’s Overhead and Profit:

Not to exceed fifteen percent (10%) of Item

(d) if Contractor performed the work. No more than five percent (5%) of Item (g) if

Subcontractor performed the work. If work was performed by Contractor and

Subcontractors, portions performed by

Contractor shall not exceed fifteen percent

(10%) if Item (d), and portions performed by

Subcontractor shall not exceed five percent

(5%) of Item (g)

(i) Subtotal

________

________

________

CREDIT

________

________

________

________

(j) Bond not to exceed one percent (1%) of Item

(g)

________ ________

(k) TOTAL ________ ________

D. If the Contractor should claim that any instruction, request, drawing, specification, action, condition, omission, default, or other situation obligates the District to pay additional compensation to the

Contractor or to grant an extension of time for the compensation of the Contract, or constitutes a waiver of any provision in the Contract, Contractor shall notify the District, in writing, of such claim within ten

(10) calendar days from the date Contractor has actual or constructive notice of the factual basis supporting the claim. The Contractor’s failure to notify the District within such ten (10) calendars day period shall be deemed a waiver and relinquishment of such a claim against the District. If such notice be given within the specified time, the procedure for its consideration shall be as stated above in this Article.

E. If Contractor does not remove such work within a reasonable time, fixed by written notice, District may remove it and may store the material at Contractor’s expense. If Contractor does not pay expenses of such removal within ten (10) calendar days time thereafter, District may, upon ten (10) calendar days written notice, sell such materials at auction or at private sale and shall account for net proceeds thereof, after deducting all costs and expenses that should have been borne by Contractor.

ARTICLE 47 COMPLETION

A. The Project will be considered complete when all required contract work is completed, all punch list items have been completed and a Notice of Completion has been recorded for the Project. The work may only be accepted as complete by action of the Governing Board.

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ARTICLE 48 ADJUSTMENTS TO CONTRACT PRICE

A. If Contractor defaults or neglects to carry out the work in accordance with the contract documents or fails to perform any provision thereof, District may, after ten (10) days written notice to

Contractor and without prejudice to any other remedy it may have, make good such deficiencies.

B. District shall adjust the total Contract price by reducing the amount thereof by the cost of making good such deficiencies. If District deems it inexpedient to correct work injured or not done in accordance with Contract provisions, an equitable reduction in Contract price shall be made therefore.

ARTICLE 49 CORRECTION OF WORK

A. Should it be considered necessary or advisable by the District at any time before final acceptance of the entire work to make an examination of work already completed by removing or tearing out the same, the Contractor shall on request promptly furnish all necessary facilities, labor and materials.

If such work is found to be defective in any respect due to fault of the Contractor or his subcontractor, he shall defray all expenses of such examinations and of satisfactory reconstruction. If, however, such work is found to meet the requirements of the Contract, the additional cost of labor and material necessarily involved in the examination and replacement shall be allowed the Contractor.

B. Contractor shall promptly remove from premises all work identified by District as failing to conform to Contract, whether incorporated or not. Contractor shall promptly replace and re-execute its own work to comply with entrant documents without additional expense to District and shall bear the expense of making good all work of other contractors destroyed or damaged by such removal or replacement.

C. If Contractor does not remove such work within a reasonable time, fixed by written notice, District may remove it and may store the material at Contractor’s expense. If Contractor does not pay expenses of such removal within ten {10) days time thereafter, District may, upon ten (10) days written notice, sell such materials at auction or at private sale and shall account for net proceeds thereof, after deducting all costs and expenses that should have been borne by Contractor.

ARTICLE 50 EXTENSION OF TIME - LIQUIDATED DAMAGES

A. The Contractor and District hereby agree that the exact amount of damages for failure to complete the work within the time specified is extremely difficult or impossible to determine. It is expressly understood that time is of the essence and that the Contractor must complete the Project within the Contract Time specified in the Agreement. Contractor shall be assessed the sum (set forth in the

Agreement Form) per day as liquidated damages for each and every day the work required under this contract remains unfinished past the time for completion, as set forth in the Agreement, and any extensions of time granted by the District to the Contractor under the terms of the contract documents and pursuant to Section 53069.85 of the Government Code. For purposes of this Article, the work shall be considered “complete” in accordance with the provisions of Article 47, “COMPLETION”, except that the work may be considered complete without formal acceptance by the Governing Board so long as the board, at its next regularly scheduled meeting, accepts the work.

B. Contractor shall not be charged for liquidated damages, as set forth above, because of any delays in completion of work which are not the fault or negligence of Contractor, including but not

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restricted to: acts of God as defined in Public Contract Code section 7105, acts of public enemy, fires, floods, epidemics and quarantine restrictions. Contractor shall, within ten (10) calendar days of beginning of any such delay (unless District grants in writing a further period of time to file such notice prior to date of final settlement of the Contract), notify District in writing of causes of delay; thereupon

District shall ascertain the facts and extent of delay and grant extension of time for completing work when, in its judgment, the findings of fact justify such an extension. The District’s finding of fact thereon shall be final and conclusive on the parties hereto. Extensions of time shall apply only to that portion of work affected by delay, and shall not apply to other portions of work not so affected.

ARTICLE 51 PAYMENTS WITHHELD

A. In addition to amount which District may retain under Article 47 entitled

“COMPLETION” and Article 45 entitled “PAYMENTS TO CONTRACTOR”, District may withhold a sufficient amount or amounts of any payment or payments otherwise due to Contractor, as in its judgment may be necessary to cover:

(1) Payments which may be past due and payable for just claims against Contractor or any subcontractors, or against and about the performance of work on the

Project under this Contract, including, without limitation, payments made pursuant to the Article 45 entitled “PAYMENTS BY CONTRACTOR”;

(2) The cost of defective work which Contractor has not remedied;

(3) Liquidated damages assessed against Contractor;

(4) Penalties for violation of labor laws;

(5) The cost of materials ordered by the District pursuant to the Article 28 entitled

“MATERIALS AND WORK”;

(6) The cost of completion of this Contract if there is reasonable doubt that this

Contract can be completed for the balance then unpaid to Contractor;

(7) Site clean-up as provided in Article 32 entitled “CLEANING UP”;

(8) Amount necessary to satisfy any and all liens against District. Contractor shall provide release of all liens prior to final payment;

(9) Damages to another Contractor;

(10) Payments to indemnify, defend, or hold harmless the District;

(11) Any payments due to the District including but not limited to payments for failed tests, utilities or imperfections; or

(12) Inspector sign-off of each item in the DSA 152 Project Inspection Card.

B. If the Contractor, at its own expense, removes the reason for withholding, then payment shall be made for amount withheld.

C. District may apply such withheld amount or amounts to payment of such claims or obligations at its discretion. In so doing, District shall make such payments on behalf of Contractor. If any payment is so made by District, then such amount shall be considered as a payment made under

Contract by District to Contractor and District shall not be liable to Contractor for such payments made in good faith. Such payments may be made without prior judicial determination of claim or obligation.

District will render Contractor an accounting of such funds disbursed on behalf of Contractor.

D. As an alternative to payment of such claims or obligations, District, in its sole discretion, may reduce the total Contract price as provided in Article 48 entitled “ADJUSTMENTS TO

CONTRACT PRICE.”

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E. Payment by the District shall be without prejudice to any other action by the District to recover damages.

ARTICLE 52 EXCISE TAXES

If under Federal Excise Tax Law any transaction hereunder constitutes a sale on which a Federal

Excise Tax is imposed and the sale is exempt from such Federal Excise Tax because it is a sale to a State or Local Government for its exclusive use, District, upon request, will execute documents necessary to show (1) that District is a political subdivision of the State for the purposes of such exemption and (2) that the sale is for the exclusive use of District. No Federal Excise Tax for such materials shall be included in any bid price.

ARTICLE 53 TAXES

Bid price is to include any and all applicable sales taxes or other taxes that may be due in accordance with Section 7051 of the Revenue and Taxation Code; Regulation 1521 of the State Board of

Equalization or any other tax codes that may be applicable.

ARTICLE 54 NO ASSIGNMENT

Contractor shall not assign this Contract or any part thereof.

ARTICLE 55 NOTICE AND SERVICE THEREOF

A. Any notice from one party to the other or otherwise under Contract shall be in writing and shall be dated and signed by party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in one of the following manners:

(1) If notice is given to District, by personal delivery thereof to District or by depositing same in United States mail, enclosed in a sealed envelope addressed to

District, and sent by registered or certified mail with postage prepaid; (2) If notice is given to Contractor by personal delivery thereof to said Contractor or to Contractor’s superintendent at site of Project, or by depositing same in United States mail, enclosed in a sealed envelope addressed to said Contractor at its regular place of business or at such address as may have been established for the conduct of work under this Contract, and sent by registered or certified mail with postage prepaid;(3) If notice is given to surety or other person by personal delivery to such surety or other person or by depositing same in United States mail, enclosed in a sealed envelope, addressed to such surety or person at the address of such surety or person last communicated by surety or other person to party giving notice, and sent by registered or certified mail with postage prepaid.

ARTICLE 56 NO WAIVER

The failure of District in any one or more instances to insist upon strict performance of any of the terms of this Contract or to exercise any option herein conferred shall not be construed as a waiver or

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relinquishment to any extent of the right to assert or rely upon any such terms or option on any future occasion.

ARTICLE 57 HAZARDOUS MATERIALS

In the event the Contractor encounters on the site material reasonably believed to be asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, the Contractor shall immediately stop work in the area affected and report the condition to the District and Architect in writing. The work in the affected area shall not thereafter be resumed except by written agreement of the District and

Contractor if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless. The work in the affected area shall be resumed in the absence of asbestos or polychlorinated biphenyl (PCB), or when it has been rendered harmless, by written agreement of the District and

Contractor, or in accordance with final determination by the Architect.

ARTICLE 58

DISTRICT’S RIGHT TO CARRY OUT THE WORK

If Contractor defaults or neglects to carry out the work in accordance with the contract documents or fails to perform any provision of this Contract, the District may, after ten (10) calendar days’ written notice to Contractor and without prejudice to any other remedy he may have, made good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payments then or thereafter due Contractor the cost of correcting such deficiencies, including the cost of the Architect’s additional service made necessary by such default, neglect or failure. If the payments then or thereafter due Contractor are not sufficient to cover such amount, then Contractor shall pay the difference to the

District within ten (10) calendar days.

ARTICLE 59 INDEMNIFICATION

See Article 5 of the Agreement Form.

ARTICLE 60 NON-UTILIZATION OF ASBESTOS MATERIAL

NO ASBESTOS OR ASBESTOS-CONTAINING PRODUCTS SHALL BE USED

IN THIS CONSTRUCTION OR IN ANY TOOLS, DEVICES, CLOTHING, OR

EQUIPMENT USED TO EFFECT THIS CONSTRUCTION.

Asbestos and/or asbestos-containing products shall be defined as all items containing, but not limited to, chrysolite, amosite, anthophyllite, tremolite, and actinolite. Any or all material containing greater than one-tenth of one percent (1%) asbestos shall be defined as asbestos-containing material. All work or materials found to contain asbestos or work or material installed with asbestos-containing equipment will be immediately rejected and this work will be removed at no additional cost to the

District.

ARTICLE 61 LIEN RELEASES

Contractor shall, at its own cost, defend, indemnify and hold harmless the District, its officers, agents, employees, assigns, and successors in interest, from and against any and all liability, damages, losses, claims, demands, actions, causes of action, and costs including attorney’s fees and expenses, or any of them, arising from or attributable to a lien or stop notice filed and/or served in connection with the work.

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SUPPLEMENTARY GENERAL CONDITIONS

Project Name

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Page 101

Dayton Gilleland, EdD

Superintendent of Schools

WASHINGTON

UNIFIED SCHOOL DISTRICT

Bryte Elementary School

Restroom Renovation

October 19, 2015

HIBSER YAMAUCHI

Architects, Inc.

300 27 th Street, 2 nd . Floor, Oakland, CA 94612 p 510-446-2222 / f 510-446-2211

TABLE OF CONTENTS

DIVISION 1 - GENERAL REQUIREMENTS

NOT USED

DIVISION 2 - EXISTING CONDITIONS

Section 02 41 19

Section 02 41 20

Minor Demolition for Remodeling

Cutting and Patching

DIVISION 3 - CONCRETE

Section 03 33 00 Cast in place concrete

DIVISION 4 - MASONRY

NOT USED

DIVISION 5 - METAL WORK

Section 05 50 00 Metal Fabrication

DIVISION 6 - WOOD AND PLASTIC

Section 06 10 00 Rough Carpentry

DIVISION 7 - THERMAL AND MOISTURE PROTECTION

Section 07 84 00

Section 07 92 00

Firestopping

Joint Sealers

DIVISION 8 - DOORS AND WINDOWS

Section 08 11 13

Section 08 71 00

Standard Steel Doors and Frames

Door Hardware

DIVISION 9 - FINISHES

Section 09 24 00

Section 09 29 00

Section 09 53 33

Section 09 91 00

Portland Cement Plaster

Gypsum Board

Fiber Reinforced Plastic Panels

Painting

Section 09 97 23 Solvent Concrete Sealer

DIVISION 10 - SPECIALTIES

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Section 10 14 00

Section 10 28 00

Signage

Toilet Accessories

DIVISION 11 - EQUIPMENT

NOT USED

DIVISION 12 - FURNISHINGS

NOT USED

DIVISION 13 - SPECIAL CONSTRUCTION

NOT USED

DIVISION 14 - CONVEYING SYSTEMS

NOT USED

DIVISION 22 – PLUMBING

SEE SHEET MP4.1

DIVISION 23 – HEATING, VENITLATING AND AIR CONDITIONING (HVAC)

SEE SHEET MP4.1

DIVISION 26 – ELECTRICAL

SEE SHEET E2.1

DIVISION 28 – ELECTRONIC SAFETY AND SECURITY

NOT USED

DIVISION 31 - EARTHWORK

NOT USED

DIVISION 32 - EXTERIOR IMPROVEMENTS

NOT USED

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PART 1 - GENERAL

SECTION 02 41 19

MINOR DEMOLITION FOR REMODELING

1.1 SECTION INCLUDES

A. Removal of designated building equipment and fixtures.

B. Removal of designated construction.

C. Disposal of materials.

D. Storage of removed materials.

E. Cap and identify utilities.

F. Schedule of materials and equipment.

G. Temporary fire protection.

H. Coordination with hazardous waste removal.

1.2 SUBMITTALS

A. Submit pre-demolition photographs showing conditions of all items to remain that might be misconstrued as damaged by demolition operations. Submit before Work begins.

1.3 PROJECT RECORD DOCUMENTS

A. Accurately record locations of capped utilities and new utilities serving the remodeled area.

1.4 REGULATORY REQUIREMENTS

A. Comply with California Fire Code (CFC), California Code of Regulations, (CCR) Title

24, Part 9, Article 87 - Fire Safety During Construction, Alteration or Demolition of a

Building, Section 8706 - Fire Safety During Demolition.

B. Obtain required permits from authorities.

C. Notify affected utility companies before starting Work and comply with their requirements.

D. Do not close or obstruct egress width to exits.

E. Do not disable or disrupt building fire or life safety systems without 5 days prior written notice to the Owner.

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Section 02 41 19 Minor Demolition for Remodeling

F. Conform to procedures applicable when hazardous or contaminated materials are discovered.

1.5 SEQUENCING

A. Sequence Work

1.6 SCHEDULING

A. Describe demolition removal procedures and schedule.

B. Perform noisy and dusty work between the hours of 8:00 AM to 5:00 PM Monday through Friday. No demolition allowed on weekends.

1.7 PROJECT CONDITIONS

A. Areas of buildings to be demolished will be evacuated and their use discontinued before start of Work.

B. Owner will occupy buildings adjacent to demolition area. Conduct demolition so

Owner’s operation will not be disrupted.

C. Provide at least 72 hours notice to Owner of activities that will affect Owner’s operation.

D. Maintain access to existing walkways, exits and other adjacent occupied facilities.

E. Owner assumes no responsibility for areas of buildings to be demolished.

F. Hazardous Materials: It is not anticipated that hazardous materials will be encountered in the Work.

1. If materials suspected of containing hazardous materials are encountered, do not disturb. Notify Architect.

3. Conform to applicable regulatory procedures when discovering hazardous or contaminated materials.

PART 2 - PRODUCTS

Not used

PART 3 - EXECUTION

3.1 EXAMINATION

A. Correlate existing conditions with requirements indicated.

B. Inventory and record conditions of items to be removed and salvaged.

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C. Execute pre-demolition photographs.

D. Verify that hazardous waste remediation is complete.

3.2 PREPARATION

A. Erect and maintain weatherproof closures for exterior openings.

B. Erect and maintain temporary partitions to prevent spread of dust, fumes, noise, and smoke to provide for Owner occupancy as specified in Section 01 11 00.

C. Protect existing items which are not indicated to be altered.

3.3 DEMOLITION REQUIREMENTS

A. Conduct demolition to minimize interference with adjacent and occupied building areas.

B. Cease operations immediately if structure appears to be in danger. Notify Architect.

Do not resume operations until directed.

C. Maintain protected egress and access to the Work.

D. Maintain fire safety during demolition in accordance with CFC, Article 87,

Section 8706.

3.4 EROSION AND SEDIMENTATION CONTROL

A. Provide erosion and sedimentation control measures in accordance with the requirements of the Storm Water Pollution Prevention Plan.

B. Inspect, repair, and maintain erosion and sedimentation control measures during clearing operations.

3.5 DEMOLITION

A. Disconnect remove and cap and identify designated utilities within demolition areas.

B. Salvaged Items: Clean, pack, and identify items for storage or delivery to Owner.

C. Demolish in an orderly and careful manner. Protect existing supporting structural members.

D. Except where noted otherwise, remove demolished materials from site. Do not burn or bury materials on site.

E. Remove demolished materials from site as Work progresses. Upon completion of

Work, leave areas in clean condition.

3.6 DISPOSAL OF DEMOLISHED MATERIALS

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Section 02 41 19 Minor Demolition for Remodeling

A. Except for items to remain, remove all demolished materials from site and dispose in an EPA approved landfill.

B. Do not burn or bury materials on site.

3.7 SCHEDULES

A. Remove, store and protect the following materials and equipment for SHES:

1. Both cast stone columns and column capitals flanking the main building entry.

B. Remove the following items for the Owner's retention. Contractor shall notify the

Owner’s Representative if any of the scheduled items are to be removed in the course of demolition and remodeling. Owner will,, within 48 hours, notify Contractor as to which of the above items are to be treated as salvage, and to what location they should be delivered, and shall have the necessary staff and equipment available at that site to unload these items.

1. Doors.

4. Door hardware.

5. Low voltage components.

END OF SECTION

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SECTION 02 41 20

CUTTING AND PATCHING

PART 1 - GENERAL

1.1 SECTION INCLUDES

A. Requirements and limitations for cutting and patching of Work.

B. Alteration of asbestos-containing material.

1. Contractor shall assume that all drywall systems in all buildings contain asbestos unless specifically stated otherwise. All cutting Work, and possibly all patching Work, through any drywall system will require coordination with the abatement subcontractor and with the site Environmental Consultant.

2. Any subcontractor who is patching an asbestos-containing substrate shall have, at a minimum, OSHA 16-hour awareness training and shall follow all the personal protective equipment requirements and all monitoring requirements outlined therein.

3. If any subcontractor impacts more than 100 square feet of asbestoscontaining material, they must be registered with the Department of Safety and Health (DOSH) as an abatement subcontractor.

4. Prior to making any cuts through any substrate at the interior or exterior of any building, Contractor shall ensure that all trades refer to the hazardous materials drawings in order to determine where asbestos materials are located. All ceramic tile, structural steel, and painted and varnished surfaces should be assumed to be lead-containing.

1.2 SUBMITTALS

A. Submit written requested in advance of cutting or alteration which affects:

1. Structural integrity of any element of Project.

2.

Integrity of weather-exposed or moisture-resistant element.

3.

Efficiency, maintenance, or safety of any operational element.

4.

Visual qualities of sight-exposed elements.

B. Include in request:

1. Identification of Project.

2. Location and description of affected Work.

3. Necessity for cutting or alteration.

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Section 02 41 20 Cutting and Patching

4. Description of proposed Work, and products to be used.

5. Alternatives to cutting and patching.

6. Effect on Work of District.

7. Date and time Work will be executed.

1.3 DESIGN CRITERIA

A. Patching shall achieve security, strength, and weather protection, as applicable, and shall preserve continuity of existing fire ratings.

B. Patching shall successfully duplicate undisturbed adjacent finishes, colors, textures, and profiles. Where there is dispute as to whether duplication is successful or has been achieved to a reasonable degree, the Architect’s judgment shall be final.

C. Patching may be temporary if it is to be eventually replaced in a subsequent phase of

Work.

1.4 CUTTING AND PATCHING

A. Structural Work: Do not cut-and-patch structural Work in a manner resulting in a reduction of load-carrying capacity or load/deflection ration. Submit proposal and request and obtain Engineer’s approval before proceeding with cut-and-patch of new and/or existing structural Work.

B. Operational/Safety Limitations: Do not cut-and-patch operational elements and safety components in a manner resulting in reduction of fire rating of any assembly, decreased performance, shortened useful life, or increased maintenance. The

Contractor shall be responsible for the location of all existing utilities and coordinate all Work to avoid any interruption of service to adjacent properties and/or to other facility operations without proper notification.

C. Visual/Quality Limitations: Do not cut-and-patch Work exposed to view, such as plaster, in a manner resulting in noticeable reduction of visual qualities and similar qualities, as judged by Architect. (Exterior and interior).

D. Additional Requirements: In addition to Contract requirements, upon written instructions to Architect:

1. Uncover work to provide for Architect’s observation of covered Work.

2. Remove samples of installed materials for testing.

E. Limitation on Approvals: Architect’s and/or Engineer’s approval to proceed with cutting-and-patching does not waive right to later require removal/replacement of

Work found to be cut and patched in an unsatisfactory manner, as judged by

Architect and Engineer.

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1.5 PAYMENT FOR INCURRED COSTS

A. The costs caused by ill-timed or defective Work, or Work not conforming to Contract

Documents, including costs for additional service of Architect and Engineer, shall be paid by the party responsible for ill-timed, rejected or non-conforming Work.

PART 2 - PRODUCTS

2.1 MATERIAL

A. Primary Products: Those required for original installation.

B. Substitutions: Under provisions of Section 01 62 00.

C. Existing Materials: Use materials identical to existing materials. For exposed surfaces, use materials that visually match existing adjacent surfaces to the fullest extent possible.

D. If identical materials are unavailable or cannot be used, use materials that visually match the original.

PART 3 - EXECUTION

3.1 GENERAL

A. Execute cutting, fitting, and patching to complete Work, and to:

1. Fit the several parts together, to integrate with other Work.

2.

Uncover work to install ill-timed Work.

3.

Remove and replace defective and non-conforming Work.

4.

Remove samples of installed work for testing.

5.

Provide openings in elements of Work for penetrations of mechanical/electrical Work.

3.2 EXAMINATION

A. Inspect existing conditions prior to commencing Work, including elements subject to damage or movement during cutting and patching. Verify compatibility with and suitability of substrates and finishes to accept the new Work.

B. After uncovering existing Work, inspect conditions affecting performance of Work.

C. Do not cut and patch any piping, conduit, or equipment supports or related components in a manner that could change their load-carrying capacity, that results in reducing their capacity to perform as intended, or that results in increased maintenance or decreased operational life or safety.

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D. Do not cut and patch construction in a manner that results in visual evidence of cutting and patching. Do not cut and patch construction exposed on the exterior or in occupied spaces in a manner that would, in the Architect’s opinion, reduce the building’s aesthetic qualities. Remove and replace construction that has been cut and patched in a visually unsatisfactory manner.

E. Beginning of cutting or patching means acceptance of existing conditions.

3.3 PREPARATION

A. Provide temporary supports to ensure structural integrity of the Work. Provide devices and methods to protect other portions of Project from damage.

B. Provide protection from elements for areas which may be exposed by uncovering

Work.

C. Adjoining Areas: Avoid interference with use of adjoining areas or interruption of free passage to adjoining areas.

D. Existing Services: Where existing services are required to be removed, relocated, or abandoned, bypass such services before cutting to avoid interruption of services to occupied areas.

3.4 CUTTING AND PATCHING

A. Execute cutting, fitting, and patching to complete Work.

B. Fit products together, to integrate with other Work.

C. Uncover work to install ill-timed Work.

D. Remove and replace defective or non-conforming Work.

E. Remove samples of installed Work for testing when requested.

F. Pr ovide openings in the Work for penetration of mechanical and electrical Work.

G. Cut rigid materials using saw or drill. Pneumatic tools are not allowed without prior approval.

3.5 PERFORMANCE

A. Execute Work by methods to avoid damage to other Work, and which will provide appropriate surfaces to receive patching and finishing.

B. Employ skilled and experienced installer to perform cutting and patching.

C. Cut rigid materials using masonry saw or core drill. Pneumatic tools not allowed without prior approval.

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D. Do not cut and patch structural elements in a manner that could change their loadcarrying capacity or load-deflection ratio.

E. Do not cut and patch operating elements and related components in a manner that results in reducing their capacity to perform as intended or that results in increased maintenance or decreased operational life or safety.

F. Restore work with new products in accordance with requirements of Contract

Documents.

G. Fit Work air tight to pipes, sleeves, ducts, conduit, and other penetrations through surfaces.

H. At penetrations of fire rated walls, partitions, ceiling, or floor construction, completely seal all voids with fire-rated material, to full thickness of the penetrated element.

I. Refinish surfaces to match adjacent finish. For continuous surfaces, refinish to nearest intersection or natural break. For an assembly, refinish entire unit.

END OF SECTION

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Section 02 41 20 Cutting and Patching

PART 1 - GENERAL

1.1 GENERAL REQUIREMENTS

SECTION 03 30 00

CAST-IN-PLACE CONCRETE

A. Requirements of Division 1 apply to all Work of this Section.

1.2 SCOPE

A. Furnish, place and finish cast in place concrete and related work as indicated on the Drawings and specified here.

1. Install miscellaneous metal and other items furnished by other trades to be installed in concrete work.

2. Provide facilities for job curing of test cylinders and transporting to Testing Laboratory.

1.3 RELATED WORK (See also Table of Contents)

1.4

A. Metal Fabrications: Section 05 50 00.

QUALITY ASSURANCE

A. Standards and References: (Latest Edition unless otherwise noted)

1. 2013 California Building Code (CBC), Volumes 1, 2, 3, with State of California

Amendments.

2. AMERICAN CONCRETE INSTITUTE (ACI)

ACI 117 Standard Tolerances for Concrete Construction b. ACI 211.1 and Materials

Standard Practice for Selecting Proportions for Normal, c. ACI 301 d. ACI 305R

Heavyweight, and Mass Concrete

Structural Concrete for Buildings

Hot Weather Concreting e. ACI 318 Building Code Requirements for Reinforced

Concrete

3. AMERICAN SOCIETY FOR TESTING AND MATERIALS (ASTM) a. ASTM C 31 Making and Curing Concrete Test Specimens in the b. ASTM C 33 c. ASTM C 39 d. ASTM C 94 e. ASTM C 172

Field

Concrete Aggregates

Compressive Strength of Cylindrical Concrete Specimens

Ready-Mixed Concrete

Sampling Freshly Mixed Concrete by the

Volumetric Method f. ASTM C 192 g. ASTM C 494 h. ASTM C 618

Making and Curing Concrete Test Specimens in the

Laboratory

Chemical Admixtures for Concrete

Fly Ash and Raw or Calcined Natural Pozzolan for

Use as a Mineral Admixture in Portland Cement Concrete

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Section 03 30 00 Cast-in-place Concrete

B. Submittals:

1. Concrete mix designs. See “Mix Design” below. Include results of test data used to establish proportions.

2. Certificates of Compliance from Manufacturer a. Cement per CBC Section 1929A.1. Take and test one grab sample per day if certificates are unavailable. b. Aggregates c. Admixtures.

3. Data regarding hardeners and sealers.

5. Layout drawings for construction, control and expansion joints.

6. Transit-mix delivery slips: a. Keep record at the job site showing time and place of each pour of concrete, together with transit-mix delivery slips certifying contents of the pour. b. Make the record available to the Architect for his inspection upon request. c. Upon completion of this portion of the work, deliver the record and the delivery slips to the Architect.

C. Tests and Inspections:

1. The following tests shall be made by a recognized testing laboratory selected by the

Owner and approved by the governing agency. All tests shall be in accordance with the previously mentioned standards and CBC Section 1929A. A complete record of all tests and inspections shall be kept per CBC Section 1929A.7. a. Compressive Strength: Make and cure in accordance with ASTM C-31. Test in accordance with ASTM C-39 and CBC Section 1905A.6.

1) A record shall be made of time and of locations of concrete from which samples were taken.

2) Four identical cylinders shall be taken from each pour of 50 cubic yards or 2000 square feet or part thereof, being placed each day per CBC Section 1905A.6.1.1.

One cylinder shall be tested at age 7 days, and two at age 28 days unless otherwise specified. Preserve remaining cylinder for future use.

2. Provide full time inspection per CBC Section 1701A.5.1 and 1701A.5.2 during the taking of test specimens and during the placing of all concrete and embedded steel.

3. Provide concrete batch plant inspections per CBC Sections 1929A.4 and 1929A.5.

PART 2 - PRODUCTS

2.1 MATERIAL

A. Portland Cement: ASTM C 150, Type I or Type II. One brand of cement shall be used throughout to maintain uniform color for all exposed concrete.

B. Concrete Aggregate: Fine and coarse aggregates shall be regarded as separate ingredients.

Each size of coarse aggregate, as well as combination of sizes when two or more are used, shall conform to grading requirements of appropriate ASTM Standards and CBC Section

1903A.3.

1. Concrete Aggregates for Standard Weight Concrete: ASTM C 33. Aggregate shall be crushed granite or Perkins type.

2. Concrete Aggregates for Lightweight Concrete: ASTM C330 to produce concrete weighing no more than 110 pcf at 28 days. Aggregate shall be vacuum saturated expanded shale as produced through the rotary kiln method.

C. Water: Clean and free from injurious amounts of oil, acids, alkali, organic matter and other deleterious substances; suitable for domestic consumption per CBC Section 1903.4.

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Section 03 30 00 Cast-in-place Concrete

D. Admixtures shall be subject to prior approval by the Architect, in accordance with CBC

Section 1903A.6, Calcium Chloride is not permitted.

1. Water Reducing a. ASTM C494 Type A - for use in cool weather. b. ASTM C494 Type D - for use in hot weather.

2. Air Entraining a. Conform to ASTM C 260

3. Fly Ash a. Conform to ASTM C 618

4. Mid-Range Water-Reducers a. Master Builders “Polyheed” or approved equal.

5. Fly Ash Pozzolan a. Conforming to ASTM A-618 Class F

2.2

E. Sand: Clean, dry, well graded.

F. Expansion Joint Filler:

1. Joint fill shall be a preformed non-extruded resilient filler, saturated with bituminous materials and conforming to ASTM D 1751. Products shall be equivalent to Burke "Fiber

Expansion Joint", W.R. Meadows "Fibrated Expansion Joint Filler", or approved equal.

G. Bonding Agent: Sonneborn "Sonobond"; the Euclid Chemical Company "Euco-Weld"; Larsen

Products Corp., "Weld-Crete" or approved equivalent.

J. Concrete Cure: Water based curing compound conforming to ASTM C-309, Type 1, Class A and B, and AASHTO Specification M-148; Type 1, Class A and B requirements, and State of

California Air Resources Board VOC Regulations. Product shall be equivalent to Euclid

Chemical Company "Kurez VOX", Burke "No. 1127" or "Aqua-Resin Cure", W.R. Meadows

"1100 Clear", or approved equal.

K. Non-Shrink Grout: See Section 2.2.A.7

CONCRETE

A. Concrete Mixes:

1. Type A Concrete:

Strength: 3000 lbs. per square inch at 28 days.

Maximum Aggregate Size: 1-1/2 inch.

Cement Content: As determined by mix design (UBC Section 1905A.3).

5.0 sacks per yard minimum.

Maximum Water to Cement Ratio: 0.58

Admixture: Water Reducing.

Weight: 145 lbs. per cubic foot

Use for unexposed foundation concrete except as otherwise specified.

2. Type B Concrete:

Strength: 2500 lbs. per square inch at 28 days.

Maximum Aggregate Size: 1 inch.

Minimum Cement Content: 5 sacks per cubic yard.

Maximum Water to Cement Ratio: 0.60

Admixture: Water reducing.

Weight: 145 lbs. per cubic foot.

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Section 03 30 00 Cast-in-place Concrete

Use for concrete sidewalks, mechanical and electrical pads, miscellaneous non-structural slabs on grade.

3. Grout shall be non-shrink, non-metallic, flowable Type "713" or "928" by Master Builders. a. Metallic grout equivalent to Master Builders "Embeco" may be used only where covered by earth, concrete, or masonry. b. Acceptance by Architect required before using.

B. Consistency of Concrete: Concrete slump, measured in accordance with ASTM C 143, shall fall within following limits.

1. For General concrete placement: 3 inch plus or minus 1 inch.

2. Mixes employing the specified mid-range water reducer shall provide a measured slump not to exceed 7 inch +1 inch after dosing, 2 inch +1 inch before dosing.

3. Concrete slump shall be taken at point of placement. Use water reducing admixtures as required to provide a workable consistency for pump mixers. Water shall not be added at the jobsite without written review by the structural engineer.

C. Mix Design:

1. Initial mix design shall be prepared for all concrete by recognized testing laboratory

(approved by Architect) in accordance with CBC Section 1905A.4 (Method A) or CBC

Section 1905A.3 (Method B). In the event that additional mix designs are required due to depletion of aggregate sources, aggregate not conforming to Specifications, or at request of Contractor, these mixes shall be prepared as above.

2. Contractor shall notify the Testing Laboratory and Architect of intent to use concrete pumps to place concrete so that mix designs can be modified accordingly.

3. Fly ash shall not exceed fifteen percent of the total cementitious material.

4. Provide 3% air entrainment typical, 6% for mixes with f’c greater than 4,000 psi.

5. Owner’s testing laboratory shall review all mix design before submittal.

D. Mixing:

1. Equipment: All concrete shall be machine mixed. Provide adequate equipment and facilities for accurate measurement and control of materials.

2. Method of Mixing: a. Transit Mixing: Comply with ASTM C 94. Ready mixed concrete shall be used throughout, except as specified below. b. On-Site Mixing: Use only if method of storing material, mixing of material and type of mixing equipment is approved by Architect. Approval of site mixing does not relieve

Contractor of any other requirements of Specifications. c. Mixing shall be in accordance with CBC Section 1905A.8.

3. Mixing Time: After mix water has been added, concrete shall be mixed not less than 1-1/2 minutes nor more than 1-1/2 hours. Concrete shall be rejected if not deposited within the time specified.

4. Admixtures: a. Powdered admixtures shall be weighed or measured by volume as recommended by manufacturer. Accuracy of measurement of any admixture shall be within plus or minus 3%. b. Two or more admixtures may be used in same concrete, provided such admixtures are added separately during batching sequence, and provided further that admixtures used in that combination retain full efficiency and have no deleterious effect on concrete or on properties of each other. c. All admixtures are to be approved by Structural Engineer prior to commencing this work.

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5. Retempering: a. Concrete shall be mixed only in quantities for immediate use. Concrete which has set shall be discarded, not retempered. b. Indiscriminate addition of water to increase slump is prohibited. c. When concrete arrives at project with slump below that suitable for placing, water may be added only if neither maximum permissible water-cement ratio nor maximum slump is exceeded. Water shall be incorporated by additional mixing equal to at least half of total mixing time required. Any addition of water above that permitted by limitation of water-cement ratio shall be accompanied by a quantity of cement sufficient to maintain proper water-cement ratio. Such additions shall only be used if approved by Architect. In any event, with or without addition of cement, not more than

2 gallons of water per cubic yard of concrete, over that specified in design mix, shall be added.

6. Cold Weather Batching: When temperature is below 40 degrees F or is likely to fall below

40 degrees F during 24 hour period after placing, provide adequate equipment for heating concrete materials. No frozen materials or materials containing ice shall be used.

Temperatures of separate materials, including mixing water, when placed in mixer shall not exceed 100 degrees F. When placed in forms concrete shall have a temperature between 50 degrees F and 85 degrees F.

7. Hot Weather Batching: Concrete deposited in hot weather shall have a placing temperature below 85 degrees F. If necessary, ingredients shall be cooled to accomplish this.

2.3 FLOOR LEVELING AND FILL MATERIALS

A. Epoxy Concrete Mortar: Floor leveling, non-shrink trowel applied epoxy concrete mortar; TPM

115 General Polymers Corp., A-H Emery Epoxy Topping #170 Anti-Hydro Corp., or approved equal, where areas to fill are less than 1/4 inch thick.

B. Concrete Mortar: Floor leveling, patching and repair, non-shrink trowel applied concrete mortar; Master Builders EMBECO 411-A, Euclid EUCO, or approved equal, where areas of fill are greater than 1/4 inch thick.

C. Cementitious Floor Leveling Material: Shall be self-leveling or trowelable with a minimum 28 day compressive strength of 3000 psi in accordance with ASTM C-109. Material shall be equal to Quickrete No. 1249, Ardex V-800/K-55, Mapei "Ultra/Flex" or approved equal.

PART 3 - EXECUTION

3.1 PLACEMENT

A. Before any concrete is placed, the following items of work shall have been completed in the area of placing.

1. Forms shall have been erected, adequately braced, cleaned, sealed, lubricated if required, and bulkheaded where placing is to stop.

2. Any wood forms other than plywood shall be thoroughly water soaked before placing any concrete. The wetting of forms shall be started at least 12 hours before concreting.

3. Reinforcing steel shall have been placed, tied and supported.

4. Embedded work of all trades shall be in place in the forms and adequately tied and braced.

5. The entire place of deposit shall have been cleaned of wood chips, sawdust, dirt, debris, hardened concrete and other foreign matter. No wooden ties or blocking shall be left in the concrete except where indicated for attachment of other work.

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6. Reinforcing steel, at the time the concrete is placed around it, shall be cleaned of scale, mill scale or other contaminants that will destroy or reduce bond.

7. Concrete surfaces to which fresh concrete is to be bonded shall be brush cleaned to remove all dust and foreign matter and to expose the aggregate, and then coated with the bonding adhesive herein specified.

8. Prior to placing concrete for any slabs on grade, the moisture content of the subgrade below the slabs shall be adjusted to at least optimum moisture.

9. No concrete shall be placed until formwork and reinforcement has been approved by

Architect. Clean forms of all debris and remove standing water. Thoroughly clean reinforcement and all handling equipment for mixing and transporting concrete. Concrete shall not be placed against reinforcing steel that is hot to the touch. Notify Architect 48 hours in advance of concrete pour.

B. Conveying: Handle concrete from mixer to place of final deposit by methods which will prevent separation or loss of ingredients. Deposit concrete in forms as nearly as practicable at its final position in a manner which will insure that required quality is obtained. Chutes shall slope not less than 4 inches and not more than 6 inches per foot of horizontal run.

C. Depositing: Deposit concrete into forms in horizontal layers not exceeding 24 inches in thickness around building, proceeding along forms at a uniform rate and consolidating into previous pour. In no case shall concrete be poured into an accumulation of water ahead of pour, nor shall concrete be flowed along forms to its final place of deposit. Fresh concrete shall not be permitted to fall from a height greater than 6 feet without use of adjustable length pipes or, in narrow walls, of adjustable flexible hose sleeves. Concrete shall be scheduled so that placing is a continuous operation for the completion of each section between predetermined construction joints. If any concreting operation, once planned, cannot be carried on in a continuous operation, concreting shall stop at temporary bulkheads, located where resulting construction joints will least impair the strength of the structure. Location of construction joints shall be as shown on the drawings or as approved by Structural Engineer.

The rate of rise in walls shall not be less than 2 feet per hour.

1. Consolidation: Concrete shall be thoroughly compacted and worked to all points with solid continuous contact to forms and reinforcement to eliminate air pockets and honeycombing. Power vibrators of approved type shall be used immediately following pour. Spading by hand, hammering of forms or other combination of methods will be allowed only where permitted by Structural Engineer. In no case shall vibrators be placed against reinforcing steel or used for extensive shifting of deposited fresh concrete.

Provide and maintain standby vibrators, ready for immediate use.

2. Hot Weather Concreting: Unless otherwise directed by the Architect, perform all work in accordance with ACI 305 when air temperature rises above 75 degrees F and the following: a. Mixing Water: Keep water temperature as low as necessary to provide for the required concrete temperature at time of placing. Ice may be required to provide for the design temperature.

Aggregate: Keep aggregate piles continuously moist by sprinkling with water.

Temperature of Concrete: The temperature of the concrete mix at the time it is being placed in the forms shall not exceed 85 degrees F. The method employed to provide this temperature shall in no way alter or endanger the design mix or the design strength required.

Dampen subgrade and formwork before placing concrete. Remove all excess water before placing concrete. Keep concrete continuously wet when air temperature exceeds 85 degrees F for a minimum of 48 hours after placing concrete.

Protection: Minimize evaporation from concrete in place by providing shade and windbreaks. Maintain such protection in place for 14 days minimum.

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3. Cold Weather Concreting: Follow recommended ACI 306 procedures when air temperature falls below 40 degrees F., as approved by Architect. Concrete placed in freezing temperatures shall have a temperature of not less than 50 degrees F. Maintain this temperature for at least 7 days. No chemicals or salts shall be used to prevent freezing and no accelerating agents shall be used without prior approval from Architect.

D. Construction Joints: Install only as indicated and noted on Drawings. Joints not indicated on

Drawings shall be so located, when approved, as to least impair strength of structure, and shall conform to typical details. Construction joints shall have level tops, vertical sides.

Horizontal construction joints shall be thoroughly cleaned and roughened by removing entire surface film and exposing clean aggregate solidly embedded in mortar matrix. Joints between concrete and masonry shall be considered construction joints. Vertical construction joints need not be roughened. See Drawings for doweling and required keys.

1. Roughen construction joints by any of following methods: a. By sandblasting joint. b. By thoroughly washing joint, using a high pressure hose, after concrete has taken initial set. Washing shall be done not less than 2 hours nor more than 4 hours after concrete has been poured, depending upon setting time. c. By chipping and wire brushing.

2. All decisions pertaining to adequacy of construction joint surfaces and to compliance with requirements pertaining to construction joints shall be reviewed with the Structural

Engineer.

3. Just before starting new pour, horizontal and vertical joint surfaces shall be dampened

(but not saturated).

4. Before placing regular concrete mix, horizontal construction joint surfaces shall be covered with a layer of mortar composed of cement and fine aggregate of same proportions as that used in prescribed mix, but omitting coarse aggregate.

E. Concrete Slabs on Grade:

1. Exterior concrete slabs on grade shall be poured as required under this Section. Base shall be accurately leveled and compacted prior to placing of concrete.

F. Control Jointing - Slabs on Grade:

1. Joints shall be in locations indicated on Drawings, or as directed by Architect.

2. Joints in interior slabs shall be made by one of following methods: a. By use of construction joints laid out in checkerboard pattern; pour and allow alternate slabs to set; fill out balance of checkerboard pattern with second pour. b. By use of dummy groove joints at least 1/4 depth of slab, and at least 1/8 inch wide.

These joints may be sawcut as soon as wet concrete can support the weight of the equipment and operator. Delaying sawcutting past this point will make jointing ineffective.

3. Control jointing in exterior paving slabs shall be poured in a checkerboard pattern as described above, but with joint edges tooled to provide a uniform joint at least 3/8 inch in depth.

4. Slab reinforcing need not be terminated at control joints.

5. Construction and expansion joints shall be counted as control joints.

G. Expansion Joints - Slabs on Grade:

1. Unless otherwise indicated, use 3/8 inch thick expansion joint filler. See Section 2.01 H

2. Joints in interior slabs on grade shall be in locations indicated, or, where not indicated, locate joints at uniformly spaced intervals not exceeding 100 feet.

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3.2

3. Joints in exterior slabs on grade shall be installed at each side of structures, at curb transitions opposite apron joints, at ends of curb returns, at back of curb when adjacent to sidewalk, and at uniformly spaced intervals not exceeding 20 feet.

4. Edges of concrete at joints shall be edger finished to approximately 3/8 inch radius.

5. Interrupt reinforcing at all expansion joints.

H. Score markings on exterior slabs on grade shall be located as indicated. Where not indicated, mark slabs into rectangles of not less than 12 square feet nor more than 20 square feet using a scoring tool which will leave edges of score markings rounded.

CURING AND PROTECTION

A. Curing: Exposed surfaces of all concrete used in structure shall be maintained in a moist condition for at least 7 days after placing. The following final curing processes shall normally be considered to accomplish this. Concrete shall be maintained at not less than 50 degrees F nor more than 100 degrees F for a period of 72 hours after being deposited.

1. Initial Curing Process - Flat Work: a. Mist Spraying: As soon as troweling of concrete surfaces is completed, exposed concrete shall be sprayed continuously with a special atomizer spray nozzle, capable of producing a fine mist. Spraying shall be done without any dripping of water from nozzle. Amount of spraying shall be such as to maintain surface of concrete moist without any water accumulating on surface. Maintain spraying for a minimum of 12 hours, or until such time as hereinafter described curing process is applied. Mist spraying will not normally be required when the ambient air temperature is below 90 degrees F.

2. Final Curing Process - Flatwork: Except as noted, use any of following: a. Water Curing: Concrete shall be kept wet by mechanical sprinklers or by any other approved method which will keep surfaces continuously wet. b. Saturated Burlap Curing: Finished surfaces shall be covered with a minimum of two layers of heavy burlap which shall be kept saturated during the curing period. c. Curing Compounds: Membrane curing compounds of chlorinated rubber or resin type conforming to ASTM C309 may be used only if specifically approved by Architect.

Use of membrane curing compound will not be permitted on surfaces to be painted, or to receive ceramic tile, membrane water-proofing or hardeners and sealers.

Membrane curing compound may be used in areas to receive resilient floor tile, provided it is wax-free, compatible with adhesive used and approved by adhesive manufacturer. Agitate curing compounds thoroughly by mechanical means continuously during use and spray or brush uniformly in accordance with manufacturer's recommendations. Apply immediately following final finishing operation. All curing compounds shall conform to State of California Air Resources

Board VOC Regulations. d. Waterproof paper conforming to ASTM C 171, or opaque polyethylene film, may be used. Concrete shall be covered immediately following final finishing operation.

Anchor paper or film securely and seal all edges in such a manner as to prevent moisture escaping from concrete.

3. Curing Process - Formed Surfaces: Forms heated by sun shall be kept moist during curing period. If forms are to be removed during curing period, curing as described for flatwork shall be commenced immediately.

B. Refer to Drawings for areas of concrete slab not to receive curing compounds or hardening compounds. Where concrete floors are to receive heavy duty coatings, waterproof coatings and the like, verify with coating installer the type of finish required for specified coating.

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3.3

C. Protection: Contractor shall be responsible for protection of finished concrete against injury by rain, cold, vibration, animal tracks, marking by visitors, vandalism, etc.

D. Provide additional curing agents or compounds, not necessarily listed herein, but as recommended and or required for use with shake type hardeners or other special coatings and coverings by their manufacturers for a complete and proper installation.

FINISHES

A. Formed Surfaces:

1. Rough Form Finish: Surfaces shall be reasonably true to line and plane with no specified requirements for selected facing materials. Tie holes and defects shall be patched and fins exceeding 1/4 inch in height shall be rubbed down with wooden blocks. Fins and other rough spots at surfaces to receive membrane waterproofing shall be completely removed and the surfaces rubbed smooth. Otherwise, surfaces shall be left with the texture imparted by forms. a. Rough finish shall be used for the following areas:

1) Below grade and unexposed surfaces.

2.. Smooth Plywood Form Finish: Finish shall be true to line and plane. Tie holes and defects shall have been patched and ground with surface fins removed. Arrangement of plywood sheets shall be orderly, symmetrical, as large as practical and free of torn grain or worn edges. Surface concrete shall be treated with 1 part muriatic acid, in three parts water solution, followed immediately by a thorough rinsing with clear water. Surfaces which are glazed, have efflorescence, or traces of form oil, curing compounds or parting compounds shall be cleaned or treated to match other formed surfaces, except as otherwise indicated or specified. a. Smooth Plywood Form Finish shall be used for the following areas:

1) All surfaces above grade unless otherwise specified.

2) At Contractor's option, may also be used in lieu of rough form finish.

3. Smooth Plastic Liner Finish: Surface shall be smooth, concrete free of honeycombing, air pockets larger than 1/8 inch in diameter, and fins. a. This finish shall be used only where indicated on the Drawings.

B. Flatwork:

1. Unless otherwise indicated or specified, flatwork shall have an integral monolithic finish.

2. Integral Monolithic Finish: Apply as soon as freshly poured concrete slabs will bear weight of workers. Pour slabs full thickness to finish floor elevations indicated. At proper time, tamp surface repeatedly with a wire mesh or grid tamper in a manner to force aggregate down below surface and to bring sufficient mortar to surface to provide for a smooth coating of cement mortar over entire surface. Allow surface mortar to partially set, then float with wooden floats and finish with one of following, as required. a. Broom Finish: Steel trowel surface to a smooth dense surface free of lines, tool marks, cat faces and other imperfections. After troweling, and before final set, give surface a broom finish, brushing in direction noted on Drawings, or as directed.

Broom finish shall be used typically on exterior flatwork except as otherwise indicated or specified and shall be "medium" texture as approved by Architect. b. Smooth Steel Trowel Finish: Apply 2 steel trowelings to obtain hard, smooth surface.

All lips, irregularities, uneven levels, etc. shall be worked out before last troweling. All interior flatwork shall have a smooth steel trowel finish unless specified otherwise.

3. Tolerances: a. For tolerances not indicated, refer to ACI 117. b. Finished surfaces of all interior integral finished flatwork shall be sufficiently even to contact a 10' long straightedge with a tolerance of 1/8 inch.

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3.4 c. Finished surfaces of exterior integral finished flatwork shall not vary more than 1/4 inch from a 10' long straightedge, except at grade changes.

C. Sacked Surfaces: Exposed surfaces that are unacceptable in appearance to the Architect shall be sacked.

1. Prepare concrete surfaces in accordance with the referenced standards. Remove any form release materials by stoning by hand, power grinding or other method approved by the Architect.

2. Prepare concrete surfaces to receive sack finishing with a light sand blasting.

3. For best results, grout application and rubbing should be performed when areas to be treated are shaded and during cool, damp weather. When work is to be performed in hot and dry weather, a fog spray should be available for continuous use.

4. Prepare grout samples for matching of concrete surfaces for approval by the Architect.

These shall be made in the following proportions of gray cement to white cement to sand:

1:1:2, 1:2:3, and 2:1:3, etc. until the correct matching color is obtained on the test areas.

Sand should be fine enough to pass the Number 30 sieve. Mixes should be made to a good workable consistency in a clean container and the mix with the best color chosen, or modified if needed.

5. Provide sufficient qualities of sand and cement from the same source for the complete work at the job site.

6. Mixing and Application: a. Mixing of grout on the job should be timed for it to be used up within 1 to 1-1/2 hours. b. Let the grout stand 20 to 30 minutes after mixing, and then remixed before applying. c. Soak the concrete surface thoroughly with water at least 15 minutes before applying grout and again just before application so that the surface is adequately wet during the operation. d. Apply grout with plasterer's trowel or sponge rubber float in sweeping strokes from the bottom up. Brush or spray gun applications may be used when approved by the

Architect. e. Work in freshly applied grout vigorously with a sponge rubber float, then let sit until some of its plasticity is gone but not until it loses its damp appearance. At this point it shall be rubbed with clean, dry burlap to remove the excess grout, leaving no visible film on the surface but filling all air holes. f. Keep the surface wet for a day after grouting and sack rubbing are completed.

7. Alternate methods of application and materials shall be subject to the approval of the

Architect.

PATCHING

A. Formed Surfaces:

1. Promptly upon removal of contact forms and after concrete surfaces have been inspected, form ties shall be removed and all necessary patching and pointing shall be expertly done.

2. Honeycombed areas shall be removed down to sound concrete, coated with a bonding grout or approved compound and patched using a low shrinkage high bond mortar.

Patched areas shall be cured by being kept damp for at least 5 days.

3. Tie holes shall be cleaned, dampened and filled solid with patching mortar or cement plugs of an approved variety.

B. Slabs on Grade: After entire slab is finished, shrinkage cracks that may appear shall be patched as follows:

1. Where slab is not exposed or where appearance is not important, cracks larger than 1/32 inch wide shall be filled with cement grout and struck off level with surface.

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3.5

3.6

3.7

2. Where slab is exposed and appearance is important, unsightly cracks shall be repaired in a manner satisfactory in appearance to Architect. If this cannot be accomplished, concrete shall be considered defective.

DEFECTIVE CONCRETE

A. Defective concrete shall mean any of the following:

1. Concrete not meeting 100 percent of the specified 28 day compressive strength.

2. Concrete exhibiting rock pockets, voids, spalls, streaks, cracks, exposed reinforcing to extent that strength, durability, or appearance is adversely affected.

3. Concrete significantly out of place, line, or level.

4. Concrete not containing the required embedded items.

B. Upon determination that concrete strength is defective:

1. Should cylinder tests fall below minimum strength specified, concrete mix for remainder of work shall be adjusted to produce required strength. Core samples shall be taken and tested from cast-in-place concrete where cylinders and samples indicate inferior concrete with less than minimum specified strength. a. Cores of hardened concrete shall be taken and tested in accordance with ASTM C 42 and C 39. Number and location of such cores shall be subject to the approval of

Architect. b. Cost of core sampling and testing will be paid for by the Contractor. c. “500 psi” and “85 percent” reduction in CBC Section 1905A.6.4.1 and 1905A.6.4.4 will not justify low cylinder tests.

C. Upon determining that concrete surface is defective, Contractor may restore concrete to acceptable condition by cutting, chipping, pointing, patching, grinding, if this can be done without significantly altering strength of structure. Permission to patch defective areas will not be considered a waiver of the right to require removal if patching does not, in the opinion of the Architect, satisfactorily restore quality and appearance.

D. If core tests indicate that concrete is below the strength specified, or if patching does not restore concrete to specified quality and appearance, the concrete shall be deemed defective, and shall be removed and replaced without additional cost to the Owner.

E. No repair work shall begin until procedure has been reviewed by the Architect and Structural

Engineer.

GROUTING

A. Prepare and place grout materials at locations as indicated on the Drawings in accordance with the manufacturer's recommendations and installation instructions.

B. Pack grout materials solidly between bearing surfaces and bases or plates as indicated and to ensure no voids.

ADJUSTING AND CLEANING

A. Remove all debris, excess materials, tools and equipment resulting from or used in this operation at completion of this work.

END OF SECTION

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Section 03 30 00 Cast-in-place Concrete

SECTION 05 50 00

METAL FABRICATION

PART 1 - GENERAL

1.1 SECTION INCLUDES

A. All items of miscellaneous metal and related accessories and fasteners, including but not necessarily limited to the following:

1. Steel pipe railing, handrails, guardrails and brackets.

2. Continuous inserts for pipe and conduit supports.

3. Backing and mounting plates for equipment items.

4. Ceiling support system.

5. Anchor bolts.

6. Seismic joints.

7. Auxiliary angles brackets.

1.2 RELATED SECTIONS

A. NOT USED

1.3 REFERENCES

A. Published specifications, standards, tests, or recommended methods of trade, industry, or governmental organizations apply to Work of this Section where cited by abbreviations noted below (latest additions apply).

1. California Code of Regulations, Title 24, latest edition, also known as

California Building Code (CBC), with 2013 amendments.

2. American Society for Testing and Materials (ASTM).

3. Federal Specifications (FS).

4. American Institute of Steel Construction's "Specification for Structural

Steel Building".

5. American Welding Society's "Structural Welding Code" (AWS D1.1).

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6. American Iron and Steel Institute's "Specifications for Design of Light

Gauge Cold-Formed Stainless Steel Structural Members".

7. National Association of Architectural Metal Manufacturer's: "Metal Stairs"

(NAAMM-MS).

8. Steel Structures Painting Council's "Painting Manual": a. Solvent Cleaning (SSPCC-SP 1). b. Hand Tool Cleaning (SSPC-SP 2). c. Brush-Off Blast Cleaning (SSPC-SP 7). d. Hot Phosphate Surface treatment (SSPC-PT 4).

9. American Hot Dip Galvanizers Association, Inc. (AHDGA): a.

Inspection manual for hot dip galvanized products.

1.4 QUALITY ASSURANCE

A. Welded Qualifications: Welders shall be qualified in accordance with AWS D1.1.

B. Design Criteria:

1. Work shall be designed to support normally imposed loads and conform to AISC requirements.

2. Built-up parts shall not exhibit warp.

1.5 SUBMITTALS

A. Manufacturer's literature describing products including details and dimensions.

B. Shop Drawings:

1. Show a large scale construction of various parts, methods of joining, thickness of metals, profiles of surfaces, reinforcing, anchorage, and structural supports. Include information regarding concealed and exposed joints, welds, and fastenings.

2. Where welded connectors and concrete inserts are required to receive

Work, show size and locations required.

C. Samples: Only as requested by the Architect.

1.6 DELIVERY, STORAGE AND HANDLING

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A. Deliver, store, and handle packaged materials in original containers with seals unbroken and labels intact until time of use.

B. Discharge materials carefully and store on clean concrete surface or raised platform in safe, dry area.

1.7 JOB CONDITIONS

A. Scheduling, Sequencing:

1. Ensure timely fabrication of items to be embedded or enclosed by other

Work.

2. Furnish information and assistance required for locating embedded items and be responsible for proper locations.

PART 2 - GENERAL

2.1 BASIC MATERIALS AND ACCESSORIES

A. Ferrous Metals:

1. Structural Steel Shapes: ASTM A36, conforming to AISC specifications.

2. Architectural and Miscellaneous Steel Items: ASTM A283.

3. Steel Sheets: ASTM A570, Grade 36.

4. Steel Pipe: ASTM A53.

5. Steel Bars: ASTM A36.

6. Steel Tubing: ASTM A500, Grade B.

7. Steel Plate: ASTM A36.

8. Zinc for Galvanizing: ASTM B06 as specified in ASTM A123.

9. Welding Electrodes: E-70XX.

10. Grout: Embeco "636" or approved equal.

B. Fastenings:

1. Typical Unfinished Bolts, Nuts, and Washers: Low carbon steel standard fasteners, externally and internally threaded, ASTM A307 Grade A; malleable washers.

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Section 05 50 00 Metal Fabrication

2. Expansion Bolts: FS FF-S-325, Group II, Type 4. Same as Hilti's "Kwik-

Bolt II Concrete Anchors"; Wej-It Expansion Products, Inc.'s "Wej-It

Concrete Anchors"; or approved equal.

C. Primer: Zinc-chromate type. Same as manufactured by Fuller-O'Brien Corp.'s

Ne. 121-00; The Glidden Co.'s No. 4570; Sinclair Paint Co.'s 20; or approved equal.

2.2 SPECIALTY FABRICATED PRODUCTS

A. Preparation:

1. Coordinate with other Work supporting or adjoining miscellaneous metal and verify requirements of cutting out, fitting, and attaching.

2. Verify sizes, designs, and locations of items; do so at site whenever construction progress permits.

B. General Requirements:

1. Fabricate items from materials noted and make true to profiles shown.

Obtain the Architect's approval of proposed variations.

2. Miter corners and angles of frames and moldings unless otherwise noted.

3. Perform cutting, shearing, drilling, punching, threading, tapping as required for items or their adjacent Work.

4. Drill or punch holes; do not use cutting torch.

5. Ensure shearing and punching leaves true lines and surfaces.

6. Items to be Galvanized: Fabricate in accordance with recommended practices of ASTM A385 and A386 unless specifically noted otherwise.

7. Fabricate exterior items for assembly and installation on site without fieldwelding of joint.

8. Ensure metal thickness and assembly details provide ample strength and stiffness.

9. Size sleeves for approximately 1/4-inch clearance all around.

C. Fastening:

1. Provide fasteners and anchor assemblies required for complete fabrication, field assembly, and erection.

2. Conceal fastenings wherever practicable.

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3. Size internally threaded diameters to accommodate galvanized threaded bolts where galvanizing is required.

4. Permanent Connections in Ferrous Metal Items: Employ welding wherever practicable; avoid bolts and screws.

D. Welding:

1. Use electric shielded-arc process according to AWS D1.1.

2. Maintain shape and profile of item welded.

3. Prevent heat blisters, run-throughs, and surface distortions.

4. Welds Normally Exposed to View in Finished Work: Make uniform and grind smooth.

5. Exposed Welds: Remove burrs, flux, welding oxide, air spots and discoloration; grind smooth, polish, or otherwise finish to match material welded.

E. Bolted and Screwed Connections:

1. Use bolts for field connections only, and then only as noted. Countersink heads; finish smooth and flush. a. Provide washers under heads and nuts bearing on wood. b. Draw nuts tight and prevent loosening of permanent connections by nicking threads. c. Use beveled washers where bearing is on sloped surfaces.

2. Where necessary to use screws for permanent connections in ferrous metal, use flat head type, countersink, fill screw slots, and finish smooth and flush.

3. Evenly space exposed heads.

F. Ferrous Metal Pipe Railings:

1. Fabricate in largest sections practicable.

2. Weld shop joints; fit field joints with concealed pins and sleeves.

3. Flush fittings may be used for crosses and tees.

4. Return rails to wall as noted.

5. Close ends with welded cap and ease edges.

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Section 05 50 00 Metal Fabrication

G. Handrail Bracket for Pipe Railings: Fabricate according to details on Drawings.

2.3 FINISHES

A. Preparations of Surfaces:

1. Thoroughly clean mill scale, rust, dirt, grease, and other foreign matter from ferrous metal prior to galvanizing, hot phosphate treatment or painting.

2. Where hand cleaning methods are not adequate, clean in accordance with SSPC-SP 1, SSPC-SP 2, or SSPC-SP 7 as required.

3. Completely eliminate burrs, rough spots and pitting from normally exposed ferrous metal items.

B. Galvanizing:

1. Galvanize items after fabrication in largest sections practicable unless otherwise permitted or recommended by ASTM A 384 and A385.

2. Where galvanizing is removed by welding or other assembly procedures, touch up abraded areas with molten zinc or zinc-rich paint.

3. Where ferrous metal item is noted to be galvanized, perform galvanizing in accordance with following standards as applicable to item: a. Hardware items Including Fasteners: ASTM A153. b. Items Both under 1/8-inch Thickness and Fabricated from Rolled,

Pressed, and Forged Shapes, Plates, Bars, and Strips: ASTM A383. c. Other Fabricated items: ASTM A123.

C. Finish Schedule: Unless noted otherwise in Materials or Standard Catalog

Products Articles.

1. Ferrous Metal, Interior Items: a. Concealed: Clean, chemically etch, and shop-apply one prime-coat. b. Exposed: Clean, treat with hot phosphate, chemically etch, and shop-apply one prime-coat.

2. Ferrous Metal, Exterior Items: a. Concealed: Clean and hot-dip galvanize in accordance with galvanizing standards.

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b. Exposed: Clean, then hot-dip galvanize in accordance with galvanizing standards, chemically etch, and shop-apply one primecoat.

3. Special Ferrous Metal Items as Noted Below: Clean and hot-dip galvanize in accordance with galvanizing standards. Do not prime coat. a.

Miscellaneous metal items such as stairs and railings.

4. Items Noted as Chrome-Plated: Same as US26D finish.

5. Hardware Including Fasteners (Bolts, Nuts, Washers, Etc.): a. Finish to match items fastened. b. Where galvanizing is required, hot-dip galvanize according to ASTM

A153.

2.4 SOURCE QUALITY CONTROL

A. Tests and Inspections: The Owner will employ testing laboratory to test welds per CBC, Section 2204.1.

PART 3 - EXECUTION

3.1 INSPECTION

A. Examine areas to receive Work and verify that setting conditions and dimensions are correct to receive items.

B. Do not start installation until unsatisfactory conditions have been corrected.

3.2 INSTALLATION

A. Install Work plumb, true, rigid, and neatly trimmed out.

B. Do not tighten fastener through finish alone without spacer washers.

C. Provide concrete inserts or predrilled expansion bolts in fastening items into concrete.

D. Protect dissimilar metals from contact with each other or with other materials causing corrosion.

E. Fasten Work tightly to prevent rattle or vibration except where expansioncontraction tolerances are required.

F. Use nonshrink grout mixed in accordance with manufacturer's direction for setting frames, plates, sills, bolts and similar items.

G. Set items shown or required to be installed in sleeves with quicksetting anchor cement unless otherwise noted.

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H. Protect metal from damage to surface, profile and shape.

3.3 CLEANING

A. Remove protective devices only when items will safe from other construction operations or removal is required to permit related Work.

B. Clean prime-coated items as required for finish painting.

END OF SECTION

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SECTION 06 10 00

ROUGH CARPENTRY

PART 1 - GENERAL

1.1 SECTION INCLUDES

A. All lumber framing, rough hardware and blocking as indicated.

1.2 REFERENCES

A. Published Specifications, standards, tests, or recommended methods of trade, industry, or governmental organizations apply to Work in this Section where cited by abbreviations noted below (latest editions apply).

1. California Code of Regulations. Title 24, also known as California

Building Code (CBC), with amendments.

2. APA - American Plywood Association, "Guide to Plywood Grades".

3. PS - United States Product Standard, PS-1 "Construction and Industrial

Plywood".

4. UL - Underwriters' Laboratories, Inc., "Fire Hazard Classification, FR-S".

5. WCLIB - West Coast Lumber Inspection Bureau, "Standard Grading

Rules No. 16".

6. WWPA - Western Wood Products Association, "Grading Rules for

Lumber".

7. AWPA - American Wood Preservers Association Standards.

8. ASTM - American Society of Testing and Materials.

1.3 SUBMITTALS

A. Shop Drawings of all specially fabricated rough hardware.

B. Certificates of compliance with standards specified.

1.4 DELIVERY, STORAGE AND HANDLING

A. Provide proper facilities for handling and storage of materials to prevent damage to edges, ends, and surfaces.

B. Keep materials dry. Where necessary, stack materials off ground on level flat forms, fully protected from weather.

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Section 06 10 00 Rough Carpentry

1.5 JOB CONDITIONS

A. Environmental Requirements: Maintain uniform moisture content of lumber at not more than 19-percent before, during, and after installation.

B. Sequencing, Scheduling: Coordinate details with other Work supporting, adjoining or fastening to rough carpentry Work.

PART 2 - PRODUCTS

2.1 MATERIAL

A. Rough Carpentry

1. Sills on Concrete: Foundation grade Redwood or pressure-treated

Douglas Fir.

2. Lumber (Wood Framing): Meet requirements of following minimum grades.

Item

Studs

Plates

Beams

Joists

Posts

Blocking

Grade

D.F. No. 1

D.F. No. 1

D.F. No. 1

D.F. No. 1

D.F. No. 1

D.F. No. 1

3. Plywood: Provide thickness, grade, and panel identification index shown on Drawings.

B. Rough Hardware: All exterior hardware shall be hot-dipped galvanized steel.

1. Nails: Common wire, typical.

2. Powder Driven Fasteners: Hilti Fastening Systems: Impex Tool

Corporation; or approved equal. Tempered steel pins with special corrosion-resistant finish. Provide guide washers to accurately control penetration, maximum 3/4-inch. Accomplish fastening by low-velocity piston-driven powder-actuated tool.

3. Expansion Bolts: Illinois Tool Works “Red Head Trubolt”; Hilti; “Kwik-Bolt

II” or approved equal. Reverse cone, self-wedging, expansion type,

Tightening of nut or increased tension on bolt shank shall act to force wedges outward to create positive increased resistance to withdrawal.

4. Metal Timber Framing Connectors: Simpson Company or approved equal. Fabricate from hot-dipped galvanized steel. Connectors shall be at least 16-gauge material, 1/8-inch plate materials where welded, unless otherwise shown or specified, punched for nailing. Nails and nailing shall

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conform to the manufacturer's instructions, with a nail provided for each punched hole.

5. Miscellaneous Hardware: Provide all common screws, bolts, fastenings, washers and nuts required to complete rough carpentry Work.

2.2 TREATMENTS

A. Fire-Retardant Treatment: Koppers Co., Inc.'s "Non-Com"; J.H. Baxter and Co.

"Baco-Pyresote"; or approved equal.

B. Preservative Treatment: Furnish in accordance with AWPA.

2.3 FABRICATION

A. Preparation:

1. Verify measurements at job site.

2. Verify details and dimensions of equipment and fixtures integral with finish carpentry for proper fit and accurate alignment.

3. Coordinate details with other Work supporting, adjoining, or fastening to casework.

B. Lumber:

1. Air- or kiln-dry to maximum 19-percent moisture content prior to shipment. Stack and air-dry to maximum 15 percent in field prior to installation.

2. Furnish surfaced four sides, S4S, unless otherwise noted.

3. Size shall conform with rules of governing standard. Sizes shown are nominal unless otherwise noted.

C. Wood Treatments:

1. Preservative Treatment: a. Treat lumber and plywood sheathing exposed to weather. b. Lumber: Treat in accordance with AWPA C2. c. Plywood: Treat in accordance with AWPA C9. d. After treatment and prior to shipping, air- or kiln-dry lumber to maximum 19 percent moisture content. Air-dry in field to maximum

15 percent prior to installation.

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Section 06 10 00 Rough Carpentry

2.4 QUALITY CONTROL

A. Lumber shall bear grade-trademark or be accompanied by certificate of compliance of appropriate grading agency.

B. Plywood shall bear APA grade-trademark.

C. Air-dry all framing lumber to a maximum of 15 percent moisture content prior to installing.

PART 3 - EXECUTION

3.1 EXAMINATION

A. Examine areas to receive rough carpentry Work and verify following:

1. Completion of installation of building components to receive rough carpentry Work.

2. That surfaces are satisfactory to receive Work.

3. That spacing, direction, and details of supports are correct to accommodate installation of blocking, backing, stripping, furring and nailers.

4. That all anchor bolts and holdown bolts are properly installed.

3.2 INSTALLATION

A. Cutting: Perform all cutting, boring, and similar Work required.

B. Studs, Joists, Beams, and Posts: Install all members true to line. No wood shingle shims are permitted. Place joists with crown up; maximum 1/4-inch crown permitted.

C. Nail joints in accordance with applicable requirements of the CBC Table

2304.9.1 unless otherwise shown or specified. Predrill where nails tend to split wood.

D. Bolt holes to be 1/16-inch oversize. Threads shall not bear on wood. Use standard malleable iron washers against wood. Carriage bolts require washers under the nut only.

E. Provide blocking, grounds, nailers, stripping, and backing as shown and as required to secure other Work.

F. Maintain 1/8-inch gap between all plywood panel edges.

G. Do not utilize plywood sheets having a width smaller than 2-feet 0-inches.

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H. Plywood flooring shall be field glued with adhesives meeting APA specification

AFG-01 applied in accordance with the manufacturers recommendations. Apply continuous line of glue on joists and in groove of tongue and groove panels.

I. Where wood is cut, sawed, planed, bored or marred after preservative or fireretardant treatment, apply two heavy brush coats of same material used in treatment.

J. Nail heads shall be driven flush with plywood surface. Overdriven nails (nails which fracture the outer ply layer) shall be replaced one for one.

K. Wood Screws or Lag Screws: Screws shall be screwed and not driven into place.

Screw holes shall be predrilled to the same diameter and depth of shank. Holes for threaded portion shall be predrilled less than or equal to the diameter of the root of the thread. Provide standard cut washers under head of lag screws.

L. Sills under bearing, exterior and shear walls shall be bedded on 1/2 inch minimum drypack or grout to obtain continuous bearing.

3.3 CLEANING AND ADJUSTING

A. Remove damaged or otherwise disfigured portions and replace with new prior to the Owner's acceptance.

B. Wash finished Work in strict accordance with product manufacturer's directions and ensure that washed surfaces do not differ from clean unwashed surfaces.

Any difference will be considered unsatisfactory Work.

3.4 FIELD QUALITY CONTROL

A. The Owner's Testing Agency shall:

1. Inspect erected timber framing as required to establish conformity of

Work with Drawings.

2. Inspect all bolted connections.

3. Inspect all timber connectors per CBC Section 1704A.6.

4. Inspect roof diaphragm nailing for nail size, spacing and penetration at plywood panel edges, and special nailing at collector and drag members.

5. Inspect shear wall nailing for nail size, spacing and penetration at plywood panel edges, and nailing at holdown posts.

END OF SECTION

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SECTION 07 84 00

FIRESTOPPING

PART 1 - GENERAL

1.1 SECTION INCLUDES

A. Penetrations through fire-resistance-rated floor and roof construction including both empty openings and openings containing cables, pipes, ducts, conduits, and other penetrating items.

B. Penetrations through fire-resistance-rated walls and partitions including both empty openings and openings containing cables, pipes, ducts, conduits, and other penetrating items.

C. Penetrations through smoke barriers and construction enclosing compartmentalized areas involving both empty openings and openings containing penetrating items.

D. Sealant joints in fire-resistance-rated construction.

E. Fireproof firestopping and firesafing materials and accessories.

F. Openings between exterior curtainwall and edge of floor slabs.

G. Opening between top tracks of walls and connecting floor or roof assemblies.

H. Openings at each floor level in shafts and stairwells.

1.2 REFERENCES

A. ASTM C920 - Elastomeric Joint Sealants.

B. ASTM C1193 - Use of Joint Sealants.

C. ASTM E84 - Test Method for Surface Burning Characteristics of Building Materials.

D. ASTM E119 - Method for Fire Tests of Building Construction and Materials.

E. UL - Fire Hazard Classifications.

F. UL 1479 - Fire Tests of Through-Penetration Firestops.

G. 40 CFR Part 763, Subpart F (7-1-90 Edition) - Asbestos Hazardous Emergency

Response Act, Friable Asbestos - Containing Materials in Schools.

1.3 DEFINITION

A. Firestopping: A sealing or stuffing material or assembly placed in spaces between building materials to arrest the movement of smoke, heat, gases, or fire through wall or floor openings.

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Section 07 84 00 Firestopping

1.4 SYSTEM DESCRIPTION

A. F-Rated Through-Penetration Firestop Systems: F-ratings as required according to

UL 1479, but not less than that equaling or exceeding fire resistance rating of assembly penetrated where the following conditions exist:

1. Penetrations larger than 4 inch nominal pipe size or 16 square inches in overall cross-sectional area.

B. T-Rated Through-Penetration Firestop Systems: T-ratings, in addition to F-ratings, as required according to UL 1479, where the following conditions exist:

1. Through-penetrations of fire-rated walls above corridor ceilings which are not part of a fire-resistive assembly.

2. Through-penetrations of fire-rated walls below any ceiling.

3. Penetrations larger than 4 inch nominal pipe size or 16 square inches in overall cross-sectional area.

C. Penetrations not larger than 4 inch nominal pipe size or 16 square inches in overall cross-sectional area shall have the annular space between the penetrating item and the wall/floor assembly filled with a material which will prevent passage of flame and hot gases sufficient to ignite cotton waste when subjected to ASTM E119 under a minimum positive pressure differential of 0.01-inch water column for the time period at least equal to the fire resistance rating of the wall/floor assembly.

D. Surface Burning: ASTM E84 with a flame spread/smoke developed rating of 25/450.

E. Firestop all interruptions and terminations of fire-rated assemblies.

F. For piping penetrations for plumbing and wet-pipe sprinkler systems, provide moisture-resistant through-penetration firestop systems.

G. For floor penetrations with annular spaces exceeding 4 inches or more in width and exposed to possible loading and traffic, provide firestop systems capable of supporting the floor loads involved either by installing floor plates or by other means.

H. For penetrations involving insulated piping, provide through-penetration firestop systems not requiring removal of insulation.

1.5 SUBMITTALS

A. Submit under provisions of Section 01 33 00.

B. Submit manufacturer’s Shop Drawings for each type of firestop or smoke seal required by the Project. Shop Drawings shall indicate the detailing of all necessary anchorages, reinforcements and fastenings required.

C. Product Data: Provide product characteristics, performance and limitation criteria.

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D. Manufacturer's Installation Instructions: Indicate preparation and installation instructions.

E. Certification: Submit firestopping manufacturer’s certification that products supplied comply with local regulations controlling use of volatile organic compounds (VOCs) and are nontoxic to building occupants.

1.6 QUALITY ASSURANCE

A. Through-penetration firestop systems shall correspond to through-penetration firestop system designations listed in the UL Fire Resistance Directory.

B. Firestopping and smoke seal Work shall be performed by an installer trained or approved by the firestop or smoke seal manufacturer. Equipment used shall be in accordance with firestop or smoke seal manufacturer’s written installation instructions.

1.7 REGULATORY REQUIREMENTS

A. Conform to Title 24, Part 2 and UL requirements for fire-resistance ratings and surface-burning characteristics.

B. Firestopping products shall contain no detectable asbestos as determined by 40

CFR, Part 763, Subpart F, Appendix A, Section 1, Polarized Light Microscopy.

1.8 SEQUENCING AND SCHEDULING

A. Coordinate Work with related trades.

B. Coordinate construction of openings and penetrating items to ensure that throughpenetration firestop systems are installed in accordance with manufacturer's instructions and regulatory requirements.

C. Do not cover up installations that will become concealed behind other construction until Owner’s Representative and authorities having jurisdiction, if required, have examined each installation.

1.9 ENVIRONMENTAL REQUIREMENTS

A. Do not apply materials when temperature of substrate material and ambient air is below 60 degrees F.

B. Maintain this minimum temperature before, during, and for 3 days after installation of materials.

1.10 DELIVERY, STORAGE AND HANDLING

A. Deliver all materials in original unopened packages fully identified with manufacturer’s name, trade name and UL label.

1. Leave seals unbroken and labels intact until time of use.

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2. Remove from job site any rejected or damaged packages found unsuitable for use.

B. Store materials in a dry place, off of the ground or floor, and away from other material subject to sweating or attraction of moisture or dampness.

C. Provide ventilation in areas to receive solvent cured materials.

PART 2 PRODUCTS

2.1 FIRESTOPPING, GENERAL

A. Provide firestopping components that are compatible with each other, substrates of openings, and items penetrating firestopping.

B. Provide accessories for each firestopping system that are needed to comply with designated fire-resistance-rated systems specified by firestopping manufacturer.

2.2 ACCEPTABLE MANUFACTURERS

A. Hilti Construction Chemicals Inc., (909) 864-2294.

B. Minnesota Mining and Mfg. Co., (213) 726-6321.

C. Tremco, (800) 551-7085.

D. United States Gypsum Co., (800) 964-4874.

E. Bio Fireshield, Inc.

F. Dow-Corning Corp.

G. International Protective Coatings (IPC.)

H. Substitutions: Under provisions of Section 01 62 00.

2.3 FILL MATERIALS

A. General: Firestopping and smoke seal materials shall be asbestos free.

1. The F rating must be a minimum of 1 hour, but not less than the fire resistance rating of the assembly being penetrated, when tested per ASTM

E84.

2. Materials being applied in openings between elements of differing fire ratings shall conform to the most restrictive rating.

3. Fire tests shall be conducted with a minimum positive pressure differential of

0.03 inches of water column.

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4. Material shall be noncombustible, with flame spread of 25 or less, and smoke development of 50 or less, when tested in accordance with ASTM E84.

B. Firestop or Smoke Seal Mortar: Single-component Portland cement fly ash mortar, requiring no special supports or anchoring devices to pass water hose stream tests.

C. Vinyl Compound: Vinyl-based powder product mixed on site with water to produce a paintable compound with flame-spread and smoke-developed rating of 0 per ASTM

E84.

D. Silicone Foam: Two-component, silicone based liquid elastomer that, when mixed, expands and cures in place to produce a flexible nonshrinking foam.

E. Firestop or Smoke Seal Sleeve: Prefabricated device used around plastic pipes in fire-rated floors and walls. The sleeve shall be made of a steel collar lined with an intumescent material.

F. Fiber Stuffing: Mineral fiber stuffing with a minimum density of 3.5 lbs/cu ft.

G. Mineral fiber board, mineral fiber matting, and mineral fiber putty-forming and damming materials shall be used to contain the fluid material mixture prior to and during filling of penetrations and voids.

1. Fire tested and functionally approved forming materials may be left in place to become an integral part of the formed penetration seal.

2. Combustible forming and damming materials may be used for containment during installation of materials only, and must be removed from the final completed penetration seal system.

H. Provide primers as required which conform to manufacturer’s recommendations for various substrates and conditions.

2.4 JOINT SEALANTS

A. Manufacturer's standard chemically-curing elastomeric sealant that complies with

ASTM C920.

B. Provide selections from manufacturer's full range of colors.

C. Single-Component, Neutral Curing Silicone Sealant: Type S; Grade NS; Class 25; exposure-related use NT; and joint substrate related uses M, G, A, and O, as applicable to substrate assembly condition.

PART 3 - EXECUTION

3.1 EXAMINATION

A. Verify that site conditions are suitable for installation of products.

B. Verify openings are ready to receive the Work of this Section.

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C. Notify the Contractor in writing, with copy to Architect, of conditions detrimental to the timely completion of the Work.

D. Do not proceed with Work until all unsatisfactory conditions have been corrected.

3.2 PREPARATION

A. Clean substrate surfaces of dirt, dust, grease, oil, loose material, or other matter which may affect bond of firestopping material.

B. Remove laitance and form release agents from concrete.

C. Remove incompatible materials which may affect bond.

D. Install backing materials to arrest liquid material leakage.

3.3 APPLICATION OF THROUGH-PENETRATION FIRESTOPS

A. Install material at walls or partition openings which contain penetrating sleeves, piping, ductwork, conduit and other items requiring firestopping.

B. Comply with through-penetration firestop manufacturer's installation instructions and

Drawings pertaining to products and applications required.

C. Install forming materials and other accessories of types required to support fill materials during their application and in the position needed to produce shapes and depths required to achieve fire ratings.

D. After installing fill materials, remove combustible forming materials and other accessories not indicated as permanent components of firestop system.

E. Apply primer and materials in accordance with manufacturer's instructions.

F. Apply firestopping material in sufficient thickness to achieve rating.

G. Install firestops or smoke seals with sufficient pressure to properly fill and seal openings to ensure an effective smoke seal.

H. Install fire-resistant filler in openings where indicated.

1. Dam bottom of vertical openings and one side of horizontal openings with temporary containment forms or, where required to achieve fire-resistance ratings, provide permanent mineral composition board forms.

2. On horizontal penetrations, provide partial face containment forms where required for material displacement.

3. Allow installed fillers to cure, and remove temporary forms; trim ragged edges with sharp knife; inspect and fill voids with additional filler to form uniform thickness of filler.

3.4 APPLICATION OF FIRE-RESISTIVE JOINT SEALANT

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A. Comply with ASTM C1193 and manufacturer's installation instructions and Drawings pertaining to products and applications required.

B. Install joint fillers to provide support and at a position required to produce depth to joint widths that allow development of fire-resistance rating required.

C. Install sealant to completely fill recesses provided. Install sealant at same time as joint filler.

D. Tool non-sag sealants after application to form smooth uniform bead to configuration required to produce fire-resistance rating.

E. Spillage: Do not allow sealants to overflow or spill onto adjoining surfaces, or to migrate into voids of adjoining surfaces. Clean adjoining surfaces by whatever means may be necessary to eliminate evidence of spillage.

F. Recess exposed edges of gaskets and exposed joint fillers slightly behind adjoining surfaces, unless otherwise shown, so that compressed units will not protrude from joints.

G. Tool or trowel exposed surfaces. Remove excess firestop or smoke seal material promptly as Work progresses and upon completion.

H. Apply firestop or smoke seal material at penetrations of insulated piping after the insulation is installed.

1. The material used shall have been tested for compatibility and rating in conjunction with the use of the insulation material being used.

2. Calcium silicate, or other pipe insulation, may be substituted for fiberglass pipe insulation through the sleeve, if the insulation is part of an assembly which meets the requirements specified for firestopping or smoke sealing.

I. Firestopping or smoke sealing materials for filling voids in floors having openings of

4 inches or greater, shall be installed to support the same load as the floor system, unless the area is protected by a permanent barrier preventing loading or traffic on the firestopped or smoke sealed area.

3.5 FIELD QUALITY CONTROL

A. Do not cover up installations that will become concealed behind other construction until Owner’s Representative and authorities having jurisdiction, if required, have examined each installation.

B. Where deficiencies are found, repair or replace firestopping to required condition.

3.6 CLEANING

A. Clean Work under provisions of Section 01 70 00.

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B. Clean adjacent surfaces of firestopping materials.

3.7 CURING AND PROTECTION OF FINISHED WORK

A. Cure firestopping and smoke seal materials in compliance with manufacturer’s instructions and recommendations.

B. Installer shall advise Contractor of procedures required for protection of firestopping and smoke seals during remaining construction period.

C. Protect adjacent surfaces from damage by material installation.

3.8 SCHEDULE

Location

Stud wall, metallic pipe, and conduit.

Stud wall, non-metallic pipe, and conduit.

END OF SECTION

UL No.

[_______]

[_______]

F-Rating

[__1__] hour

[__1__] hour

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SECTION 07 92 00

JOINT SEALERS

PART 1 - GENERAL

1.1 SECTION INCLUDES

A. Preparing sealant substrate surfaces.

B. Sealant and backing.

1.2 SUMMARY OF SEALANT LOCATIONS

A. Joints in Horizontal Surfaces:

1. Expansion and isolation joints in cast-in-place concrete slabs.

2. Control and expansion joints in soffits, ceilings and overhead surfaces.

3. Perimeter joints in exterior openings.

4. Joints between ceiling surfaces and frames for doors and windows.

5. Joints in flashing and sheet metal.

6. Perimeter joints of toilet fixtures.

7. Acoustical isolation joints between head and sill of walls and floor and ceiling surfaces.

8. Joints between countertops and wall surfaces.

9. Joints in glazing systems and framing.

10. Joints between thresholds and floors.

11. Joints between dissimilar materials and those listed above.

12. Other joints as indicated.

B. Joints in Vertical Surfaces:

1. Expansion and isolation joints in cast-in-place concrete.

2. Perimeter joints in exterior openings.

3. Joints in flashing and sheet metal.

4. Perimeter joints of toilet fixtures.

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5. Acoustical isolation joints of walls.

6. Joints between cabinets and walls.

7. Joints between wall surfaces and door and window frames.

8. Joints in glazing systems and framing.

9. Joints between dissimilar materials and those listed above.

10. Other joints as indicated.

1.3 REFERENCES

A. ASTM C834 - Latex Sealing Compounds.

B. ASTM C919 - Practices for Use of Sealants in Acoustical Applications.

C. ASTM C920 - Elastomeric Joint Sealants.

D. ASTM C1193 - Standard Guide for Use of Joint Sealants.

E. ASTM D217 - Cone Penetration of Lubricating Grease.

F. ASTM D1056 - Flexible Cellular Materials - Sponge or Expanded Rubber.

G. FS TT-S-001657 - Sealing Compound, Single Component, Butyl Rubber Based, solvent Release Type.

H. SWRI - (Sealant, Waterproofing and Restoration Institute) - Sealant and Caulking

Guide Specification.

1.4 SUBMITTALS

A. Submit Product Data indicating sealant chemical characteristics, performance criteria, limitations, and color availability.

B. Submit two 4-inch long Samples illustrating colors selected.

C. CHPS Submittals:

1. Credit EQ2.0D.P1: Provide product data, MSDS, and other official literature from manufacturer clearly identifying that the product meets the testing requirements and threshold limits of the State of California Department of

Health Services (DHS) Standard Practice for the Testing of Volatile Organic

Compounds . Such products shall be either identified on the CHPS Low-

Emitting Materials Product List or by a 3 rd

party certification program listing low-emitting material products that meet the State testing requirements, as identified on the CHPS website.

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1.5 QUALITY ASSURANCE

A. Manufacturer: Company specializing in manufacturing the products specified in this

Section with minimum five years documented experience.

B. Applicator: Company specializing in applying the Work of this Section with minimum three years documented experience, approved by sealant manufacturer.

C. Conform to Sealant, Waterproofing, and Restoration Institute (SWRI) requirements for materials and installation.

D. Perform Work in accordance with ASTM C1193.

E. Perform acoustical sealant application work to provide maximum STC values in accordance with ASTM C919.

1.6 ENVIRONMENTAL REQUIREMENTS

A. Do not install solvent curing sealants in enclosed building spaces.

B. Do not install sealant when temperature is less than 40 degrees F.

C. Maintain temperature and humidity recommended by the sealant manufacturer during and after installation.

1.7 WARRANTY

A. Provide sealant manufacturer’s 5-year warranty against defects in materials.

B. Include coverage for installed sealants and accessories which fail to achieve air and water seal and exhibit loss of adhesion or cohesion or do not cure.

PART 2 - PRODUCTS

2.1 MANUFACTURERS

A. Manufacturers and products are listed for each sealant type.

B. Substitutions: Under provisions of Section 01 62 00.

2.2 SEALANTS

A. Type A - Acrylic Latex: One-part, non-sag, mildew resistant acrylic emulsion compound complying with ASTM C834, Type S, Grade NS, formulated to be paintable.

1. Tremco Inc., Acrylic Latex Caulk.

2. Bostik Construction Products Division, “Chem-Calk 600”.

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3. Pecora Corporation, “AC-20”.

B. Type B - Butyl Sealant: One-part, non-sag solvent-release-curing sealant complying with FS TT-S-001657 for Type 1 and formulated with a minimum of 75 percent solids.

1. Tremco Inc., Tremco “Bitul Sealant”.

2. Bostik Construction Products Division, “Chem-Calk 300”.

3. Pecora Corporation, “BC-158”.

C. Type C - Silicone Sealant: One-part nonacid-curing silicone sealant complying with

ASTM C920, Type S, Grade NS, Class 25.

1. Dow Corning Corp., “Dow Corning 790”.

2. General Electric Co., “Silpruf”.

3. Tremco, Inc., “Spectrum 1”.

4. Pecora Corp., “864” or “890”.

D. Type D - Neutral-Curing Silicone Sealant: One part medium modulus neutral-curing silicone sealant complying with ASTM C920, Type S, Grade NS, Class 25.

1. Dow Corning Corp., “Dow Corning 795”.

2. General Electric Co., “Ultraglaze 4000”.

3. Tremco, Inc., “Spectrum 3”.

4. Pecora Corp., “895”.

E. Type E - One-Part Mildew-Resistant Silicone Sealant: Complying with ASTM C920,

Type S, Grade NS, Class 25.

1. Dow Corning Corp., “Dow Corning 786”.

2. General Electric Co., “Sanitary 1700”.

3. Rhone-Poulene Inc., “Rhodorsil 6 B White”.

4. Tremco, Inc., “Proglaze White”.

5. Pecora Corp., “863” or “898” White.

F. Type F - Multi-Part Pourable Sealant: Complying with ASTM C920, Type M, Grade

P, Class 25. Shore A hardness +40.

1. Tremco, Inc., “HPL”.

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2. Mameco International, Inc., “Vulkem 255”.

3. Pecora Corp., “Dynatred” or “Urexpan NR-200”.

4. Sika Corporation, “Sikaflex 2C NS/SL”.

5. W.R. Meadows, “Pourthane”.

G. Type G - Acoustical Sealant: Nondrying, nonhardening permanently flexible conforming to ASTM D217.

1. Pecora Corp., “BA-98 Acoustical Sealant”.

2. Tremco, Inc., “Tremco Acoustical Sealant”.

3. United States Gypsum Co., “Sheetrock Acoustical Sealant”.

2.3 ACCESSORIES

A. Primer: Non-staining type, recommended by sealant manufacturer to suit application.

B. Joint Cleaner: Non-corrosive and non-staining type, recommended by sealant manufacturer; compatible with joint forming materials.

C. Joint Backing: ASTM D1056; round, closed cell polyethylene foam rod; oversized 30 to 50 percent larger than joint width.

D. Bond Breaker: Pressure-sensitive tape recommended by sealant manufacturer to suit application.

PART 3 - EXECUTION

3.1 EXAMINATION

A. Verify that joint openings are ready to receive Work and field measurements are as shown on Drawings and recommended by the manufacturer.

B. Beginning of installation means installer accepts existing substrate.

3.2 PREPARATION

A. Clean and prime joints in accordance with manufacturer's instructions. Prime if recommended by manufacturer.

B. Remove loose materials and foreign matter which might impair adhesion of sealant.

C. Verify that joint backing and release tapes are compatible with sealant.

D. Perform preparation in accordance with ASTM C1193.

E. Protect elements surrounding the Work of this Section from damage or disfiguration.

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3.3 INSTALLATION

A. Install sealant in accordance with manufacturer's instructions.

B. Measure joint dimensions and size materials to achieve required width/depth ratios.

C. Install joint backing to achieve a neck dimension no greater than 1/3 the joint width.

D. Install bond breaker where joint backing is not used.

E. Apply sealant within recommended application temperature ranges. Consult manufacturer when sealant cannot be applied within these temperature ranges.

F. Install sealant free of air pockets, foreign embedded matter, ridges, and sags.

G. Tool joints concave unless otherwise detailed.

3.4 CLEANING AND REPAIRING

A. Clean work under provisions of Section 01 70 00.

B. Clean adjacent soiled surfaces.

C. Repair or replace defaced or disfigured finishes caused by Work of this Section.

3.5 PROTECTION OF FINISHED WORK

A. Protect sealants until cured.

3.6 SCHEDULE

Type Location

Type A - Acrylic

Latex Cure

Type B - Butyl

Type C - One-

Part Nonacid

Curing Silicone

Type D - Neutral-

Curing Silicone

Type E - Mildew-

Resistant

Silicone

All interior joints not otherwise scheduled

Under thresholds

Exterior door, entrance & window frames and metal flashing.

Joints within skylight framing system, aluminum entrance system glass and glazing

Interior joints in ceramic tile and at plumbing fixtures

Color

To match adjacent surfaces

Black to match adjacent material

Translucent

Almond

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Type

Type F - Multipart Pourable

Urethane

Type G -

Acoustical

Sealant

Location

Exterior joints in horizontal surfaces of concrete; between metal & concrete masonry and mortar

In sound rated walls between stud track/runner and adjacent construction. Between outlet boxes and gypsum board.

END OF SECTION

Color

To match adjacent material

White

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SECTION 08 11 13

STANDARD STEEL DOORS AND FRAMES

PART 1 - GENERAL

1.1 SECTION INCLUDES

A. Non-rated and fire rated rolled steel frames and doors and panels, where indicated.

B. Interior light frames.

1.2 REFERENCES

A. ANSI A250.8 - Recommended Specification for Standard Steel Doors and Frames.

B. ASTM A653 - Steel Sheet, Zinc Coated (Galvanized) or Zinc-Iron Alloy-Coated

(Galvannealed) by the Hot-Dip Process.

C. ASTM A924 - General Requirements for Steel Sheet, Zinc-Coated (Galvanized) by the Hot-Dip Process.

D. NFPA 80 - Fire Doors and Windows.

E. SDI-105 - Recommended Erection Instructions for Steel Frames.

F. DHI - Door and Hardware Institute.

G. UBC - Uniform Building Code.

H. UL 9 - Fire Tests of Window Assemblies.

I. UL 10C - Fire Tests of Door Assemblies.

1.3 QUALITY ASSURANCE

A. Conform to requirements of ANSI A250.8.

B. Fire rated frame and door construction to conform to UL 9 and UL 10C.

C. Installed frame and door assembly to conform to NFPA 80 for fire rating class indicated on Drawings.

D. Installed exterior frame and door assembly to be weathertight

1.4 REGULATORY REQUIREMENTS

A. Conform to requirements in the CBC for fire rated frames and doors.

1.5 SUBMITTALS

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Section 08 11 13 Standard Steel Doors and Frames

A. Shop Drawings: Indicate frame configuration, anchor types and spacings, location of cutouts for hardware, reinforcement, and finish. Where doors are included, indicate door elevations, internal reinforcement, closure method, and cut-outs for glazing.

B. Submit Sample of exterior frame and mullion intersection.

1.6 DELIVERY, STORAGE AND PROTECTION

A. Deliver, store, protect, and handle products under provisions of Section 01 87 00.

B. Store products on site under cover.

C. Support products on nominal 4 inch wood spacers to prevent rust and damage.

D. Protect doors and frames with resilient packaging.

PART 2 - PRODUCTS

2.1 ACCEPTABLE MANUFACTURERS

A. Amweld Building Products, Inc.

B. Ceco Door Products.

C. Steelcraft.

D. Substitutions: Under provisions of Section 01 62 00.

2.2 [DOORS, PANELS AND] FRAMES

A. Steel: Commercial quality cold rolled steel conforming to ASTM A653 galvanized to

A60 or G60 coating class or Type B, A40 (ZF120) according to ASTM A924 with minimized spangle, mill phosphatized.

B. Exterior Doors: ANSI A250.8, Grade III, extra heavy-duty, Model 2, continuous welded seam, minimum 0.053 inch thick faces.

C. Exterior Frames: 0.067 inch thick material, core thickness.

D. Interior Frames: 0.053 inch thick material, core thickness.

2.3 DOOR CORE

A. Exterior Core: Polystyrene insulation.

2.4 ACCESSORIES

A. Rubber Silencers: Resilient rubber as specified in Section 08 71 00.

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B. Glazing Stops: Rolled steel channel shape, mitered corners; prepared for countersink style tamperproof screws at door installations, square butt at light frames.

2.5 FRAME ANCHORS

A. Masonry Anchors: Adjustable T-strap, 0.053 inch thick steel, corrugated, 2 inch x 10 inch size. Fire rated frames to have UL listed perforated strap anchor permanently anchored to frame.

B. Wood Stud Anchor: U shaped anchor, welded to frame, 1 inch wide, 0.053 inch thick steel, with 2 pre-punched holes in nailing flange. UL listed as required for fire rating.

C. Existing Wall Anchor: 0.053 inch thick pipe spacer with 2 inch x 0.053 inch thick steel plate sized to accommodate a 3/8 diameter countersunk flathead expansion anchor.

UL listed as required for fire rating.

D. Floor Clip: Adjustable 2 piece angle anchor, full width of frame, 0.067 inch thick steel.

2.6 PROTECTIVE COATINGS

A. Bituminous Coating: Fibered asphalt emulsion.

B. Primer: Zinc-chromate type.

2.7 FABRICATION

A. When shipping limitations so dictate, frames for large openings shall be fabricated in sections designed for splicing.

B. All spliced joints shall occur on the interior side of exterior frames.

C. Fabricate frames as fully welded units.

D. All face, rabbet and soffit joints between abutting members shall be continuously welded and finished smooth when exposed to exterior.

E. Corner joints shall have all contact edges closed tight, with faces mitered and continuously welded.

F. Frames with multiple openings shall have mullion members fabricated with no visible seams or joints. All face, rabbet and soffit joints between abutted members shall be continuously welded and finished smooth when exposed to exterior.

G. Provide 3/8 inch back bend return on frames where gypsum board wall material occurs whether on one or both sides.

H. Fabricate frames [and doors] with hardware reinforcement plates filet welded in place. Reinforcement gages to be in accordance with ANSI A250.8, Table IV.

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Section 08 11 13 Standard Steel Doors and Frames

Provide 0.167 inch thick full width hinge reinforcing. Provide spacers for all thrubolted hardware.

I. Dust cover boxes or mortar guards of 0.016 inch thick steel shall be provided at all hardware mortises on frames.

J. Reinforce frames wider than 48 inches with roll formed, 0.093 inch thick steel channels fitted tightly and welded into frame head, flush with top.

K. Prepare frame for silencers except for frames which receive weather stripping.

Provide three single rubber silencers for single doors on strike side, and two single silencers on frame head at double doors without mullions.

L. Clean and treat with three-stage iron phosphate process. Provide baked-on prime coat of EPA-compliant grey rust-inhibitive enamel.

M. Provide steel spreader temporarily attached to feet of both jambs as a brace during shipping and handling. Spreader shall not be used for installation purposes.

N. Attach fire rating label to each fire-rated frame and door unit.

O. Close top edge of exterior door flush with inverted steel channel closure. Seal joints watertight.

2.8 MANUFACTURING TOLERANCE

A. Manufacturing tolerance shall be maintained within the following limits:

±1/16 inch -1/32 inch Frame width

Frame height

Frame face

Frame stop

Frame rabbet

Frame depth

Frame throat

Door width and height

Door thickness

Hardware location

Door flatness

±3/64 inch

±1/32 inch

±1/32 inch

±1/64 inch

±1/32 inch

±1/16 inch

±3/64 inch

±1/16 inch

±1/32 inch

±1/16 inch

2.9 FINISH

A. Primer: Air-dried or baked-on.

B. Finish: Site paint as specified in Section 09 91 00.

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PART 3 -EXECUTION

3.1 INSTALLATION

A. Install frames in accordance with SDI-105.

B. Install doors in accordance with DHI.

C. Install fire doors and frames in accordance with NFPA 80.

D. Installation of exterior frames and doors shall be weathertight and waterproof.

E. Coordinate with wall construction and details for anchor placement. Provide anchors as follows:

1. Frames up to 7 feet 6 inches in height - 4 anchors each jamb.

2. Frames 7 feet 6 inches to 8 feet in height; 5 anchors each jamb, plus an additional anchor for each 2 feet or fraction thereof over 8 feet.

3. Frames for double doors; minimum of 2 anchors in head approximately

12 inches from each jamb.

4. Borrowed lite frames; 2 anchors each jamb plus 1 anchor for each 18 inches or fraction thereof over 3 feet. Minimum of 2 anchors in head and sill approximately 12 inches from each jamb plus 1 anchor for each 30 inches of length or fraction thereof.

5. Floor anchors; 1 anchor each jamb for interior doors. Where wall construction will not allow placement of floor anchor, provide one additional jamb anchor as close to floor as possible. At exterior doors set frames

2 inches into blocked out recess and grout flush with floor.

6. Existing wall anchors shall be welded to provide non-removable condition.

Welded bolt head to be ground, dressed and finished smooth.

F. Coordinate with installation of low-voltage wiring.

G. Frames installed in masonry walls shall be fully grouted.

H. Exposed field welds shall be finished smooth and touched up.

I. Primed or painted surfaces which are scratched or marred shall be touched up.

J. Hardware shall be applied in accordance with hardware manufacturer's templates and instructions.

K. Coordinate installation of glass and glazing.

L. Install roll formed steel reinforcement channels between two abutting frames. Anchor to structure and floor.

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3.2 INSTALLATION TOLERANCES

A. Edge clearance for swinging doors shall not exceed the following:

Between door and frame at head and jamb 1/8 inch

1/8 inch Between edge of pair of doors

3/8 inch At door sill with threshold. (From bottom of door to top of threshold)

At door sill with no threshold 3/4 inch

5/8 inch At door bottom and nominal floor covering per NFPA 80

B. Frame installation tolerance shall not exceed the following:

Squareness ±1/16 inch

±1/16 inch Alignment

Plumbness

Diagonal Distortion

±1/16 inch

±1/32 inch

END OF SECTION

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SECTION 08 71 00

DOOR HARWARE

PART 1 - GENERAL

1.1 SECTION INCLUDES

A. Hardware for doors.

B. Thresholds.

C. Gasketing.

D. Keying and key cabinet.

1.2 REFERENCES

A. ADAAG - Americans with Disabilities Act (ADA) Accessibility Guidelines for Buildings and Facilities.

B. BHMA - Builders' Hardware Manufacturers Association.

C. CCR - California Code of Regulations, Title 24, Part 2, California State Accessibility

Standards.

D. DHI - Door and Hardware Institute.

E. NFPA 80 - Fire Doors and Windows.

F. CBC – California Building Code.

G. UL - Underwriters Laboratories.

1.3 COORDINATION

A. Coordinate work of this Section with other directly affected Sections involving manufacturer of any internal reinforcement for door hardware.

1.4 QUALITY ASSURANCE

A. Manufacturers: Companies specializing in manufacturing door hardware with minimum five years experience. Obtain each kind of hardware from only one manufacturer.

B. Hardware Supplier: Company specializing in supplying commercial door hardware with five years documented experience.

C. Hardware Installer: Company specializing in the installation of commercial door hardware with five years documented specialized experience in educational facilities.

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D. Hardware Supplier Personnel: Employ an Architectural Hardware Consultant (AHC) to assist in the Work of this Section.

1.5 REGULATORY REQUIREMENTS

A. Conform to CBC for requirements applicable to fire-rated doors and frames.

B. Fire-Rated Openings: Comply with NFPA Standard No. 80. Provide only hardware tested and listed by UL for the type and size of each door required, which complies with the requirements of the door and frame labels.

1. Where panic exit devices are required on fire-rated doors, provide supplementary marking on door UL label indicating "Fire Door to be

Equipped with Fire Exit Hardware", and provide UL Label on exit device indicating "Fire Exit Hardware".

C. Conform to CCR, Title 24, Part 2, and ADAAG for accessibility requirements.

D. Exit Doors: Openable at all times from the inside without the use of a key or any special knowledge or effort.

1.6 SUBMITTALS

A. Submit hardware schedule at earliest possible date along with essential Product

Data where acceptance of hardware schedule must precede fabrication of other

Work.

B. Organize hardware schedule into "hardware sets" indicating complete designations of every item required for each door or opening. Include the following:

1. Type, style, function, size and finish of each hardware item.

2. Name and manufacturer of each item.

3. Fastenings and other pertinent information.

4. Location of hardware set cross-referenced to indications on Drawings both on floor plans and in door and frame schedule.

5. Explanation of all abbreviations, symbols, codes, etc., contained in schedule.

6. Mounting locations for hardware.

7. Door and frame sizes and materials.

C. Provide Product Data on specified hardware.

D. Keying Schedule: Submit separate detailed keying schedule indicating clearly how the Owner's final instructions on keying of locks has been fulfilled.

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E. Furnish hardware templates to each fabricator of doors, frames, and other Work to be factory-prepared for the installation of hardware.

1.7 OPERATION AND MAINTENANCE DATA

A. Submit operation and maintenance data under provisions of Section 01 70 00.

B. Include data on operating hardware, lubrication requirements, and inspection procedures related to preventative maintenance.

1.8 DELIVERY, STORAGE, AND HANDLING

A. Deliver products to site and to other Sections under provisions of Section 01 87 00.

B. Store and protect products under provisions of Section 01 87 00.

C. Package hardware items individually; label and identify package with door opening code to match hardware schedule.

D. Ship permanent keys and cores directly from lock manufacturer to Owner.

1.9 WARRANTY

A. Provide ten year warranty for closers, five year warranty for all other hardware.

1.10 MAINTENANCE MATERIALS

A. Provide special wrenches and tools applicable to each different or special hardware component.

B. Provide maintenance tools and accessories supplied by hardware component manufacturer.

PART 2 - PRODUCTS

2.1 ACCEPTABLE MANUFACTURERS

Item Manufacturer Acceptable Substitute

A. Piano Hinges Ives (IVE)

B. Continuous Hinges Ives (IVE)

C. Locks Schlage (SCH)

Hager, Stanley, McKinney

Roton, Markar

District Standard – NO Substitutions

D. Deadbolts

E. Push/Pulls

Schlage (SCH)

Ives (IVE)

District Standard – NO Substitutions

Trimco, BBW, Quality

F. Exit Devices Von Duprin (VON) District Standard – NO Substitutions

G. Surface Closers LCN (LCN) District Standard – NO Substitution

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H. Electric Strikes Von Duprin (VON) Folger Adam

I. Flush Bolts Ives (IVE) Trimco, BBW, Quality

J. Coordinators Ives (IVE) Trimco, BBW, Quality

K. Silencers Ives (IVE) Trimco, BBW, Quality

L. Protection Plates Ives (IVE) Trimco, BBW, Quality

M. Stops & Holders Ives (IVE) Trimco, BBW, Quality

N. Thresholds National Guard (NGP) Pemko, Zero

O. Seals & Bottoms National Guard (NGP) Pemko, Zero

P. Key Cabinets

2.2 MATERIALS

Telkee Lund, Key Systems

A. Locksets – To be reused – (Owner Supplied / Contractor Installed)

B. Hinges: Out swinging exterior doors shall have non-removable pin (NRP). All hinge open widths shall be minimum, but of sufficient size to permit door to swing

180 degrees. Furnish exterior door hinges with stainless steel pins and ball bearings.

1. Furnish 3 hinges per leaf to 7 feet 5 inches high, Add one for each additional

2 feet of height.

2. Exterior hinges with prime finish shall have Stanley K base.

3. Provide extra heavy weight hinges on doors over 3 feet 4 inches wide.

C. Panic Hardware: Furnish sex bolts for all devices. Lever handle trim shall match locksets. All touch bar type devices shall have deadlocking latch bolt, and be nonhanded. Device push bar must release with 15 pounds maximum pressure at fire rated doors. When the latched door is subjected to a horizontal force of 250 pounds applied against the latching edge adjacent to the latch in the direction in which the door opens a force of 50 pounds or less shall actuate the release bar. Device shall bear UL label for fire and/or panic as may be required.

D. Surface Door Closers: All door closers shall be of one manufacturer to provide for proper installation and servicing after installation. All closers shall be inspected after installation by a representative to ensure proper adjustment and operation. Closers shall carry a manufacturers ten year warranty against manufacturing defects and workmanship.

1. Door closer cylinders shall be of high strength cast iron construction to provide low wear operating capabilities of internal parts throughout the life of the installation. Door opening force not to exceed 5 pounds.

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2. Provide 1 size adjustable 1 through 6 unless otherwise specified at exterior and interior doors.

3. Flush transom offset brackets shall be used where parallel arm closers are listed for doors with fixed panels above doors.

4. All closers shall utilize a temperature stable fluid capable of withstanding temperature ranges of 120 degrees F. to -30 degrees F. without requiring seasonal adjustment of closer speed to properly close the door. Closers for fire-rated doors shall be provided with a temperature stabilizing fluid that complies with standards ASTM E2074, NFPA252 and UL10C.

5. Drop bracket are required at narrow head rails.

6. Maximum effort to operated doors shall not exceed 5 pounds, such pull or push effort being applied at right angles to hinged doors. Compensating devices or automatic door operators may be utilized to meet the above standards. When fire doors are required, the maximum effort to operate the door may be increased but shall not to exceed 15 pounds when specifically approved by fire marshal. All closers shall be adjusted to operate with the minimum amount of opening force and still close and latch the door. Door shall take at least 3 seconds to move from an open position of 70 degrees to a point of 3 inches from the latch jamb. Reference CBC Sections 11B-

404.2.7, 11B-404.2.8.1 & 11B-404.2.9

7. Provide sex-bolted or through-bolted mounting for all door closers.

E. Protection Plates: Fabricate either kick, armor, or mop plates with four beveled edges, height called for in Hardware Schedule by width of door less 2 inches.

Furnish with machine or wood screws of bronze or stainless steel to match other hardware.

F. Seals: Solid neoprene to be MIL Spec. R6855-CL III, Grade 40. Sponge neoprene to be MIL Spec. R6130, Type II, Group C. UL label shall be applied on all fire-rated doors.

G. Silencers: Furnish silencers for interior hollow metal frames, 3 for single doors, 4 for pairs of doors. Omit where sound or light seals occurs, and omit at fire-rated door and frame assemblies.

2.3 DOOR STOPS

A. Provide either floor-mounted or wall-mounted stops, whichever will best suit the condition.

B. Provide overhead door stops where conditions do not permit installation of wall or floor stops. Overhead door stops shall be made of stainless steel and non-plastic mechanisms and finished metal end caps. Overhead door stops used in applications with door closers shall be provided with proper templating and brackets so no conflict will occur.

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2.4 KEYING

A. Master key and grand master key all locks and cylinders as directed by the District representative. Provide temporary cores during the construction phase and remove at the time District takes occupancy.

B. All permanent I.C. Cores and keys are to be furnished by the Contractor and shipped directly from the factory to the School District Maintenance Office. All keying and keyways must be approved in writing by the District representative. The Contractor shall be responsible for installing the permanent I.C. Cores after the District receives and inventories them.

C. Although the Hardware Schedule, at the end of this Section, may not indicate

“Primus” I.C. cores, the “Primus” cores shall be furnished throughout the Project.

D. All standard cores shall be furnished with “Primus” keys.

E. Supply 2 “Primus” change keys per lock or cylinder.

F. Supply “Primus” keys in the following quantities:

1. 6 master keys.

2. 1 grand master key.

3. 10 construction keys.

4. 4 control keys and 6 extra cylinder cores.

2.5 KEY CABINETS

A. Key Cabinet: Sheet steel construction, .047 inch thick, piano hinged door with lock keyed to building system; manufactured by Lund Equipment Company, Bath, Ohio; or approved equal from Key Control System, Bechtelsvill, Pennsylvania; and Telkee,

Inc., Glen Riddle, Pennsylvania. Model number as shown in Hardware Schedule.

B. Cabinet Size: Size for project keys plus 10 percent growth.

C. Horizontal metal strips for keyhook labeling with plastic strip cover over paper labels.

D. Provide book index.

E. Finish: Baked enamel finish, color as selected by Architect.

2.6 FINISHES

A. Generally to be satin or dull chrome US26D (626 on brass or bronze base metal and

652 on steel base metal) unless otherwise noted.

B. Push, pull and kick plates shall be dull stainless steel US32D (630).

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C. Door closers shall be powder-coated (689) to match other hardware, unless otherwise noted.

D. Aluminum items to be finished clear anodized (628), except thresholds which can be furnished as standard mill finish.

2.7 FASTENERS

A. Screws for strikes, face plates and similar items shall be flathead, countersunk type; provide machine screws for metal and standard wood screws for wood.

B. Screws for butt hinges shall be flathead, countersunk, full-thread type.

C. Fastening of closer bases or closer shoes to doors shall be by means of sex bolts and spray painted to match closer finish.

D. Provide expansion anchors for attaching hardware items to concrete or masonry.

E. All exposed fasteners shall have a Phillips head.\

F. Finish of exposed screws to match surface finish of hardware or other adjacent

Work.

2.8 OTHER MATERIAL

A. All other materials not specifically described, but required for a complete and proper finish hardware installation shall be selected by Architect as required at no additional cost.

PART 3 - EXECUTION

3.1 INSPECTION

A. Verify that doors and frames are ready to receive Work and dimensions are as instructed by the manufacturer.

B. Verify that power supply is available to power operated devices.

C. Beginning of installation means acceptance of existing conditions.

3.2 INSTALLATION

A. Install hardware in accordance with manufacturer's instructions and requirements of

DHI.

B. Use the templates provided by hardware item manufacturer.

C. Wherever cutting and fitting is required to install hardware onto or into surfaces which are later to be painted or finished in another way, coordinate removal, storage and reinstallation or application of surface protection with finishing Work specified in

Division 9. Do not install surface-mounted items until finishes have been completed on the substrate.

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D. Set units level, plumb and true to line and location. Adjust and reinforce the attachment substrate as necessary for proper installation and operation.

E. Drill and countersink units which are not factory-prepared for anchorage fasteners.

Space fasteners and anchors in accordance with industry standards.

F. Set thresholds for exterior doors in full bed of butyl-rubber sealant.

G. If swing of door is changed during construction, make necessary changes in hardware at no additional cost.

3.3 ADJUST AND CLEAN

A. Adjust and check each operating item of hardware and each door, to ensure proper operation or function of every unit. Replace units which cannot be adjusted to operate freely and smoothly as intended for the application made.

B. Clean adjacent surfaces soiled by hardware installation.

C. Final Adjustment: Wherever hardware installation is made more than one month prior to acceptance or occupancy of a space or area, return to the Work during the week prior to acceptance or occupancy, and make final check and adjustment of all hardware items in such space or area. Clean operating items as necessary to restore proper function and finish of hardware and doors. Adjust door control devices to compensate for final operation of heating and ventilating equipment.

D. Instruct Owner's personnel in proper adjustment and maintenance of hardware finishes, during the final adjustment of hardware.

E. Continued Maintenance Service: Approximately six months after the completion of the Project, the Contractor, accompanied by the Architectural Hardware Consultant, shall return to the Project and re-adjust every item of hardware to restore proper function of doors and hardware. Consult with and instruct Owner's personnel in recommended additions to the maintenance procedures. Replace hardware items which have deteriorated or failed due to faulty design, materials or installation of hardware units. Prepare a written report of current and predictable problems (of substantial nature) in the performance of the hardware.

3.4 HARDWARE LOCATIONS

A. Hinges:

1. Bottom Hinges: 10 inches from door bottom to bottom of hinge.

2. Top Hinge: 5 inches from door top to top of hinges.

3. Center Hinge: Center between top and bottom hinge.

4. Extra Hinge: 6 inches from bottom of top hinge to top of extra hinge.

B. Lock: 38 inches from bottom of door to center of lever or knob.

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C. Push Bar: 44 inches from bottom of door to center of bar.

D. Push Plate: 44 inches from bottom of door to center of plate.

E. Pull Plate: 42 inches from bottom of door to center of pull.

F. Panic Device: 39-13/16 inches from bottom of door to center of pad.

G. Deadlock Strike: 44 inches from floor, centered.

H. Floor Stops: Not more than 4 inches from any adjacent wall surface. Not permitted in path of travel.

I. Conform to CCR, Title 24, Part 2, and ADAAG for positioning requirements for accessibility.

3.5 FIELD QUALITY CONTROL

A. Architectural Hardware Consultant (AHC) to inspect installation and certify that hardware and its installation have been furnished and installed in accordance with manufacturer's instructions and as specified herein.

3.6 HARDWARE SCHEDULE

A. The last column in the Hardware Sets is the 3-letter abbreviation for the manufacturer as shown in Paragraph 2.1 of this Section.

B. The items listed in the following Hardware Schedule shall conform to the requirements of the foregoing Specification.

C. The Door Schedule on the Drawings indicates which Hardware Set is used with each door.

D. Hardware Schedule Notes:

1. Refer to Part 2 of this Section for quantity of hinges required per leaf.

2. This Hardware Schedule lists bolts for metal doors; provide type as required for application.

3. Closers shall not be installed in hallways, corridors, lobbies or on the exterior of the building if at all possible.

4. Provide door stops or door stops and holders as follows to best suit the condition. a. Interior Door Stops: Ives FS13/R14 (Floor Type) or WS407CCV (Wall

Type). b. Exterior Door Stops: Ives FS442 (Floor Type) or WS33 (Wall Type).

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c. Interior Door Stop and Holders: Ives FS40 (Floor Type) or WS40 (Wall

Type). d. Exterior Door Stop and Holders: Ives FS43 (Floor Type) or WS45 (Wall

Type). e. At conditions where doors swing back to back or there is not a place to install a floor or wall type stop or stop holder, provide Glynn-Johnson overhead types. Provide 100 Series at new doors and 90 Series with closer modification at existing doors. Hold-opens not permitted at firerated doors.

5. Provide gasketing at all fire rated doors complying with UL10C.

6. Provide Ives Silencers SR64 at all metal frames without weather-stripping or gasketing.

HARDWARE GROUP 1: STAFF TOILET

1 Ea Mortice lock

1 Ea Core

1 Ea Closer

LV9486BDxL583-375 w/ occupied indicator

80-329

LCN 4111

626

626

VD

SCH

END OF SECTION

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PART 1 - GENERAL

1.1 SECTION INCLUDES

SECTION 09 24 00

PORTLAND CEMENT PLASTER

A. Portland cement plaster system.

B. Application over existing plaster finish.

C. Cutting and patching.

1.2 REFERENCES

A. ASTM C91 - Masonry Cement.

B. ASTM C150 - Portland Cement.

C. ASTM C206 - Finishing Hydrated Lime.

D. ASTM C207 - Hydrated Lime for Masonry Purposes.

E. ASTM C847 - Standard Specifications for Metal Lath.

F. ASTM C897 - Aggregate for Job-Mixed Portland Cement-Based Plasters.

G. ASTM C926 - Application of Portland Cement-Based Plaster.

H. ASTM C932 - Surface-Applied Bonding Agents for Exterior Plaster.

I. ASTM C1063 - Installation of Lathing and Furring for Portland Cement Based

Plaster.

J. NAAMM Standard ML/SFA 920 - Guide Specifications for Metal Lathing and Furring.

K. PCA (Portland Cement Association) – Portland Cement Plaster (Stucco) Manual.

L. CCR - California Code of Regulations, Title 24, Part 2, Chapter 25.

M. ICC - International Code Council.

N. CBC – California Building Code, Chapter 25.

1.3 QUALITY ASSURANCE

A. Applicator: Company specializing in cement plaster work with five years documented experience.

B. At the completion of lathing and prior to the application of scratch coat of plaster, contact the Northern California Plastering Institute, Inc., and arrange for inspection of

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lathing and accessories installation. Provide to Architect a written report of the results of the inspection.

C. Lath and related accessories shall provide proper, secure base and reinforcement for plaster systems. Plaster base coats shall provide suitable base for finish coat.

1.4 REGULATORY REQUIREMENTS

A. Conform to CBC, Chapter 7, for fire rated assemblies as indicated on Drawings.

B. Conform to CCR, Title 24, Part 2, Chapter 25A for materials and their installation.

1.5 SUBMITTALS

A. Provide Product Data on plaster materials, characteristics and limitations of products specified.

B. Submit Samples of texture for plaster finish, building paper, flashing membrane, lath, accessories, trim, and fasteners.

1.6 MOCK-UP

A. Prepare field mock-up of one infill panel for review by the District and the Architect.

Mock-up shall include finish treatment at all openings, joints and other elements of the architecture, in accordance with the selected patterns.

B. Mock-up, once approved, may be integrated into the Work.

1.7 DELIVERY, STORAGE AND HANDLING

A. Deliver and store packaged materials in original containers with seals unbroken and labels intact until time of use.

B. Keep plaster and other cementitious materials dry until ready for use. Keep materials off ground, under watertight covers, and away from damp surfaces.

C. Protect metal products from rusting.

D. Remove from site any damaged or deteriorated materials.

E. Stack preformed material to prevent twisting, bending, abrasion, staining, or corrosion and to provide ventilation.

F. Prevent contact with materials during storage which may cause damage, discoloration, staining, or drainage.

1.8 ENVIRONMENTAL REQUIREMENTS

A. Do not apply plaster when substrate or ambient air temperature is less than 40 degrees Fahrenheit nor more than 90 degrees Fahrenheit.

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B. Maintain minimum ambient temperature of 40 degrees Fahrenheit during and after installation of plaster.

C. Protect plaster from uneven and excessive evaporation during dry weather and from strong blasts of dry air.

D. Do not subject newly applied plaster to hot, dry winds.

E. Do not install exterior plaster when prevailing temperature is less than 40 degrees

Fahrenheit.

F. When ambient air temperature exceeds 80 degrees Fahrenheit, follow procedures for maintaining moisture content in new plaster.

G. Do not apply plaster when substrate temperature exceeds 85 degrees Fahrenheit or ambient air temperature exceeds 95 degrees Fahrenheit.

H. Provide protection against accelerated dehydration caused by wind. Protect cement plaster from uneven and excessive evaporation during hot and/or windy weather.

I. Fine spray plaster twice daily after 24 hours.

PART 2 - PRODUCTS

2.1 ACCEPTABLE MANUFACTURERS

A. Lathing Materials:

1. Western Metal Lath Division.

2. Amico-West.

3. CEMCO.

B. Accessories:

1. Fry Reglet Corp.

2. Keene Metal Products Division.

3. M.M. Systems Corporation.

4. CEMCO.

5. Amico-West.

6. Superior Metal Trim.

7. Stockton Wire Products.

8. Western.

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2.2 PLASTER BASE COAT MATERIALS

A. Cement: ASTM C150, Normal - Type I, Portland or ASTM C91, masonry.

B. Lime: ASTM C206, Type S for use with Portland cement or ASTM C207, Type S, for use with masonry cement.

C. Aggregate: In accordance with ASTM C897 and PCA Plaster (Stucco) Manual.

D. Water: Clean, fresh, potable and free of mineral or organic matter which can affect plaster.

E. Plaster Mix Reinforcement: Glass fibers, 1/2 inch nominal length, alkali resistant.

F. Bonding Agent: ASTM C932; type recommended for bonding plaster to concrete, concrete masonry surfaces and existing plaster surfaces. Larsen Products Corp.

“Weld-Crete”. Substitutions under provisions of Section 01 62 00.

G. Sand: ASTM C144.

2.3 PLASTER FINISH COAT MATERIALS

A. Cement: As specified for plaster base coat, grey color.

B. Lime: As specified for plaster base coat.

C. Water: Clean, fresh, potable and free of mineral or organic matter which can affect plaster.

D. Finish: Site paint under provisions of Section 09 91 00.

2.4 FURRING AND LATHING

A. Metal Lath for Vertical Surfaces: ASTM C847, 3.4 lb/sq. yd. expanded metal, galvanized, self furring type with continuous groove.

B. Metal Lath for Horizontal Surfaces: CBC 2507.3, ASTM C847, 3.4 lb./sq. yd expanded metal, galvanized, 3/8 inch rib lath with factory applied Kraft paper backing.

C. Underlayment: Two layers of WRB Type D building paper conforming to UBC

Standard No. 14-1.

2.5 ACCESSORIES

A. Corner Mesh: Formed steel, minimum .0179 inch thick; expanded flanges shaped to permit complete embedding in plaster; minimum 2 inches wide; galvanized finish.

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B. Corner Reinforcement: Equivalent to Western Metal, .0179 inch “Stucco-Lok” or

18 gage Stockton “Corneraid” for straight corners. Stockton “Bullnose Regular” for rounded corners, galvanized finish.

C. Strip Mesh: Metal lath, 3.4 lb/sq. yd. expanded metal, galvanized, 6 inch wide x 18 inch long.

D. Vent Screed: Equivalent to Superior SRS, minimum .0179 inch thick; depth governed by plaster thickness, minimum 4 inch width, double "V" profile with perforated expanse between "V's" of longest possible lengths; galvanized finish.

E. Casing Bead: Formed steel; minimum .0239 inch thick; thickness governed by plaster thickness; maximum possible lengths; expanded metal flanges, with square edges; galvanized finish.

G. Weep Screed: Equivalent to Superior SWS, minimum .0179 inch thick; depth governed by plaster thickness, minimum 3-1/2 inch high flange, "V" shaped, of longest possible lengths; galvanized finish.

H. Drip Screed: Equivalent to Superior No. 5 or No. 10 drip mould as indicated on drawings, minimum .0179 inch thick; depth governed by plaster thickness, minimum

3-1/2 inch high flange, of longest possible lengths; galvanized finish.

J. Control and Expansion Joints: Equivalent to Western XJ 15-3, depth to conform to plaster thickness, maximum practical lengths, galvanized finish.

L. Anchorages: Nails, staples, or other approved metal supports, of type and size to suit application, galvanized to rigidly secure lath and associated metal accessories in place.

M. Screws: ASTM C954 or ASTM C1002, self drilling.

N. Penetration Flashing: Type 1, Grade A conforming to UBC Standard 14-1, 9 inch wide x length required.

O. Polyethylene Sheet: Clear, 6 mil thick, with self-adhesive tape.

P. Wire: ASTM A641, Class 1 coating (galvanized), soft temper.

Q. Powder Actuated Fastener: 0.145 inch diameter SDM flat head nail with washer as manufactured by Hilti, Inc., ESR-2269.

2.6 CEMENT PLASTER MIXES

A. Mix and proportion cement plaster in accordance with ASTM C926 and PCA Plaster

(Stucco) Manual.

B. Base Coat and Brown Coat: One part cement, minimum 3-1/2 and maximum 4 parts aggregate, and 0-3/4 parts hydrated lime, and alkali resistant glass fibers at a rate of

1 lb. per sack of cement.

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C. Job Mixed Finish Coat: One part cement, three parts aggregate, and one part lime.

D. Mix only as much plaster as can be used in 1 hour.

E. Mix materials dry, to uniform color and consistency, before adding water.

F. Protect mixtures from frost, contamination, and evaporation.

G. Do not retemper mixes after initial set has occurred.

2.7 CEMENT PLASTER FINISHES

A. All exterior plaster surfaces shall be smooth finish to match adjacent surface - as approved by the Architect.

B. Plaster surface finishes must be capable of receiving roller-applied paint (medium texture) without leaving pinholes or voids.

PART 3 - EXECUTION

3.1 INSPECTION

A. Verify that surfaces and site conditions are ready to receive Work.

B. Grounds and Blocking: Verify items within walls for other Sections of Work have been installed.

C. Mechanical and Electrical: Verify services within walls have been tested and approved.

D. Beginning of installation means acceptance of existing conditions.

3.2 PREPARATION FOR PATCHING

A. Remove existing plaster as necessary to install metal lathing and accessories as specified herein and as per manufacturer's instructions. Expose at least 6 inches of both lath and building paper. Leave an irregular plaster edge (no sawn edges permitted). Remove all loose plaster.

B. Protect surfaces near the Work of this Section from damage, disfiguration, and overspray. Mask off all windows, louvers, and ventilation screeds occurring in plastered areas.

C. Sandblast existing plaster surface to expose entire base coat.

D. Clean concrete, masonry, and sandblasted plaster surfaces of foreign matter. Clean surfaces using acid solutions, solvents, or detergents. Wash surfaces with clean water.

E. Roughen smooth concrete surfaces.

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F. Moisten exposed plaster edges. Apply bonding agent in accordance with manufacturer's instructions.

G. Insert 8 inch x 12 inch felt paper “tiles” shingle-style starting at the bottom, running continuously all around the edge of the patched area. Place margin of tiles under the irregular plaster and lapping that edge by 2 inches; fasten securely.

H. Place a continuous 3/16 inch bead of asphalt sealant into the joint between the original felt paper and the irregular plaster edge (for exterior applications).

I. Overlap new felt paper over the original paper, scribing to the irregular plaster edge.

J. Overlap the new lathing over the original lathing and secure the edge with the approved fastener.

3.3 INSTALLATION - LATHING MATERIALS

A. Install metal lathing in accordance with ML/SFA 920, ASTM C1063 and as specified herein.

B. On vertical surfaces apply two plies of WRB underlayment over substrate; weatherlap horizontal edges 4 inches, vertical edges 6 inches. Fasten in place.

C. Install penetration flashing around all openings and penetrations in exterior walls, soffits and ceilings in compliance with CCR, Title 24, Part 2, Section 1402A, including sealant and in conformance with recommendations contained in Plaster and Lathing Systems Manual and ML/SFA 920.

D. Apply self-furring reinforcement with self-furring ribs perpendicular to supports for horizontal surfaces.

E. Apply metal lath taut, with long dimension perpendicular to supports for vertical surfaces.

C. Lap ends minimum 1 inch. Secure end laps with tie wire where they occur between supports.

D. Lap sides of expanded metal lath minimum 1-1/2 inches. Nest outside ribs of rib lath together.

E. Furr out metal lath from vertical supports or backing not less than 1/4 inch. Furring of metal lath on vertical supports having a bearing surface width of 1-5/8 inches or less is not required.

F. Attach metal lath to wood supports using 1-1/2 inch No. 11 galvanized nails with 7/16 inch diameter heads at maximum 6 inches on center. In addition, at horizontal wood supports, secure lath to each support with 1/2 inch wide, 1-1/2 inch long No. 9 W &

M gage ring shank, hook staple placed around a 10d common nail laid flat under the surface of the lath at 27 inches on center and not more than 3 inches from the edge

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of each sheet. Such staples may be placed over the ribs of 3/8 rib lath or over the back wire of other approved lath at 27 inches on center omitting the 10d nails.

G. Continuously reinforce internal angles with corner mesh, except where corner joint

No. 30 is shown. Fasten at perimeter edges only.

H. Place beaded external angle with mesh at corners. Fasten at outer edges only.

I. Place strip mesh diagonally at corners of lathed openings. Secure rigidly in place.

J. Place 4 inch wide strips of metal lath centered over junctions of dissimilar backing materials. Secure rigidly in place.

K. Place weep screed at base of all vertical plaster applications at foundation line not less than 4 inches above earth or 2 inches above paved surfaces. WRB underlayment and lath shall cover and terminate on the attachment flange of the screed.

L. Place drip screed at base of all vertical plaster applications which do not terminate at framed wall openings or at foundation line.

M. Place casing beads at all terminations of plaster finish not otherwise indicated to have screeds installed and at all intersections with dissimilar materials. Butt and align ends. Secure rigidly in place.

N. Install accessories to lines and levels.

3.4 CONTROL AND EXPANSION JOINTS

A. Locate exterior control and expansion joints as indicated on Drawings.

B. Establish control and expansion joints with specified joint device.

C. Install expansion joint in such a way as to assist with air seal continuity.

D. Coordinate joint placement with other related Work.

3.5 PLASTERING

A. Apply plaster in accordance with ASTM C926 and PCA Portland Cement Plaster

(Stucco) Manual.

B. Three Coat Application: At metal lathed surfaces, apply scratch coat to a nominal thickness of 3/8 inch, brown coat to a nominal thickness of 3/8 inch, and finish coat to a nominal thickness of 1/8 inch. [Apply elastromeric finish coat.]

C. Moist cure scratch and brown coats. Do not apply brown coat sooner than 48 hours following scratch coat.

D. After curing, dampen base coat prior to applying finish coat. Do not apply finish coat sooner than 7 days following brown coat.

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E. Moist cure finish coat for minimum period of 48 hours only when strong dry wind conditions exist.

3.6 FINISH COAT TEXTURE

A. To match existing adjacent surface.

3.7 TOLERANCES

A. Maximum Variation from True Flatness: 1/8 inch in 10 feet.

3.8 CLEANING

A. Remove protective maskings.

B. Remove any overspray from surrounding materials.

C. Clean adjacent affected surfaces.

3.9 PLASTER APPLICATION SCHEDULE

A. Exterior Vertical Surface of Framed Walls: Three coat plaster over metal lath and underlayment.

B. Exterior Horizontal Framed Surfaces: Three coat plaster over metal lath.

C. As indicated on Drawings.

END OF SECTION

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SECTION 09 29 00

GYPSUM BOARD

PART 1 - GENERAL

1.1 SECTION INCLUDES

A. Gypsum board.

B. Taped and sanded joint treatment.

C. Surface primer.

D. Texture finish.

E. Level 5 finish

F. Resilient furring channels.

1.2 REFERENCES

A. ASTM C11 - Standard Terminology Relating to Gypsum and Related Building

Materials and Systems.

B. ASTM C36 - Gypsum Wallboard.

C. ASTM C475 - Joint Treatment Materials for Gypsum Wallboard Construction.

D. ASTM C514 - Nails for the Application of Gypsum Wallboard.

E. ASTM C557 - Adhesives for Fastening Gypsum Wallboard to Wood Framing.

F. ASTM C630 - Water Resistant Gypsum Backing Board.

G. ASTM C840 - Application and Finishing of Gypsum Board.

H. ASTM C919 - Use of Sealants in Acoustical Applications.

I. ASTM C1002 - Steel Drill Screws for the Application of Gypsum Board.

J. ASTM E90 - Method for Laboratory Measurement of Airborne Sound transmission

Loss of Building Partitions.

K. GA 201 - Using Gypsum Board for Walls and Ceilings.

L. GA 214 - Levels of Gypsum Board Finish.

M. GA 216 - Application and Finishing of Gypsum Board.

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N. GA 600 - Fire Resistance Design Manual.

O. CBC – California Building Code.

P. UL - Underwriters Laboratories.

1.3 QUALITY ASSURANCE

A. Applicator: Company specializing in gypsum board systems, with five years documented experience.

1.4 REGULATORY REQUIREMENTS

A. Conform to CBC, Chapter 7, and UL and GA requirements for fire-rated assemblies.

1.5 ACOUSTICAL PERFORMANCE

A. Acoustical attenuation for interior partitions, where indicated, shall be STC rating in accordance with ASTM E90.

1.6 DEFINITIONS

A. Refer to ASTM C11 for definitions of terms related to gypsum board assemblies.

1.7 FIELD SAMPLES

A. On wall and ceiling surface duplicate specified texture finish on at least 100 square feet of surface area.

B. Provide complete finish including surface primer.

C. Simulate finished lighting conditions for review of field sample.

D. After surface texture is accepted, the accepted surface will remain as part of the

Work and will be used to evaluate subsequent applications of finish texture.

1.8 SUBMITTALS

A. Submit

B. Provide Product Data for all items specified.

C. Submit 12 inch square Samples of each texture finish specified.

D. CHPS Submittals:

1. Credit EQ2.0D.P1/ EQ2.2: Provide product data, MSDS, and other official literature from manufacturer clearly identifying that the product and its adhesives and sealants, meet the testing requirements and threshold limits of the State of California Department of Health Services (DHS) Standard

Practice for the Testing of Volatile Organic Compounds . Such products shall

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be either identified on the CHPS Low-Emitting Materials Product List or by a

3 rd

party certification program listing low-emitting material products that meet the State testing requirements, as identified on the CHPS website.

PART 2 - PRODUCTS

2.1 ACCEPTABLE MANUFACTURERS

A. Georgia Pacific Corp.

B. National Gypsum Company.

C. United States Gypsum Co.

D. Substitutions: Under provisions of Section 01 62 00.

2.2 FRAMING MATERIALS

A. See Section 06 10 00 Rough Carpentry.

B. Fasteners: ASTM C514.

C. Adhesive: ASTM C557.

2.3 GYPSUM BOARD MATERIALS

A. Standard Gypsum Board: ASTM C36; 5/8 inch thick unless otherwise indicated, maximum permissible length; ends square cut, tapered and beveled edges.

B. Fire Rated Gypsum Board: ASTM C36; fire resistive type, UL rated; 5/8 inch thick unless otherwise indicated, maximum permissible length; ends square cut, tapered and beveled edges.

C. Moisture-Resistant Gypsum Board: ASTM C630; 5/8 inch thick unless otherwise indicated, maximum permissible length; ends square cut, tapered and beveled edges.

2.4 ACCESSORIES

A. Acoustical Sealant: Non-hardening, non-skinning, for use in conjunction with gypsum board.

1. “Sheetrock Acoustical Sealant”, manufactured by United States Gypsum

Company.

2. “BA-98 Acoustical Sealant”, manufactured by Pecora Corporation.

3. “Tremco Acoustical Sealant”, manufactured by Tremco, Inc.

B. Fire-Rated Sealant: As specified in Section 07 84 00.

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C. Corner Beads: Metal, hot dip galvanized.

D. Edge Trim: GA 201 and GA 216; Type LC bead, unless otherwise indicated.

E. Control Joints: Roll-formed zinc, USG No. 093, or approved equal.

F. Spot Grout: ASTM C475, setting-type joint compound.

G. Joint Materials: ASTM C475; reinforcing tape, joint compound, adhesive, water, and fasteners. Use tapes and compound recommended by gypsum board manufacturer for the use intended. Use ready mixed, drying type compounds. Use taping compound for embedding tape and first coat over fasteners and flanges of corner beads and trim. Use topping compound for fill and finish coats.

H. Primer: Flat latex basecoat paint equivalent to “First Coat” manufactured by United

States Gypsum Company.

I. Textures: To match existing.

J. Adhesive for Application Over Hard Surfaces: Mastic glue as recommended by the gypsum board manufacturer for the specific substrate.

PART 3 - EXECUTION

3.1 INSPECTION

A. Verify that site conditions are ready to receive Work.

B. Beginning of installation means acceptance of substrate.

3.2 ACOUSTICAL ACCESSORIES INSTALLATION

A. Install acoustical sealant within partitions in accordance with manufacturer's instructions and ASTM C919. Seal perimeter, joints, openings and penetrations on each face of partition.

3.3 CEILING FRAMING INSTALLATION

A. Install in accordance with ASTM C754 and CBC, Chapter 25.

B. Coordinate locations of wood framing with other Work.

C. Install ceiling framing independent of walls and columns.

3.4 MEMBRANE INSTALLATION

A. Install membrane over wall studding where moisture resistant gypsum board is to be installed.

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B. Install membrane over substrate; weatherlap horizontal edges 4 inches, vertical edges 6 inches.

3.5 GYPSUM BOARD INSTALLATION

A. Install gypsum board in accordance with ASTM C840 and manufacturer's instructions.

B. Erect single layer standard gypsum board in most economical direction, with ends and edges occurring over firm bearing except those ends and edges which are perpendicular to framing.

C. Erect single layer fire rated gypsum board vertically, with edges and ends occurring over firm bearing except those ends and edges which are perpendicular to framing members. Comply with required UL, IBC, or GA fire rated assembly.

D. Erect double layer gypsum board with standard gypsum board for first layer placed in most economical direction with second layer placed parallel to face layer with adhesive and supplementary fasteners. Off-set joints of second layer from joints of first layer by at least 12 inches.

E. Erect double layer fire-rated gypsum board in accordance with required UL, CC, or

GA fire rated assembly.

F. Use screws when fastening gypsum board to wood furring or framing except where nails are required for UL or CBC fire-rated assembly.

G. Install firestop sealant at wall penetrations and terminations in accordance with required UL, IBC, or GA fire-rated assembly in accordance with Section 07 84 00.

H. Treat cut edges and holes in moisture-resistant gypsum board with sealant.

I. Place corner beads at external corners. Use longest practical length. Place edge trim where gypsum board abuts dissimilar materials.

J. Spot grout metal door frames. Apply spot grout at each jamb anchor clip just before inserting board into frame.

3.6 CEILING INSTALLATION

A. Apply gypsum soffit board panels perpendicular to supports with end joints staggered and located over supports.

B. Install panels with 1/4 inch space where panels abut other construction penetrations.

3.7 JOINT TREATMENT

A. Tape, fill, and sand joints, edges, and corners in accordance with GA-214.

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B. Feather successive coats a minimum of 2 inches onto adjoining surfaces for each coat.

C. Where fire-resistance rating is required, detail of joint treatment shall meet fire-rating requirement.

D. Level 5 Treatment:

1. All joints and angles shall have tape embedded in joint compound with three separate coats of topping compound applied over all joints, fasteners, and accessories.

2. Apply a thin skim coat of topping compound over entire surface.

3. All compounds shall be smooth and free of tool marks and ridges.

4. Sand lightly between coats.

3.8 FINISHING

A. Roller apply surface primer to all gypsum board surfaces scheduled to receive a painted and textured finish prior to application of paint or texture finish.

B. Spray apply textured finish to all surfaces scheduled to receive a paint finish except surfaces of food service and preparation areas.

C. Trowel-apply patch-to-match textures to match existing.

D. Remove any overspray of texture finish from door frames, windows, and other adjoining construction.

3.9 TOLERANCES

A. Maximum Variation from True Flatness: 1/8 inch in 10 feet in any direction.

3.10 SCHEDULE

A. Existing Construction: Patch-to-match, or if exceeds 30% of existing wall, strip and replace to the nearest surface break and treat this area as new construction.

Room Type Wallboard

System

Finish Type Notes

Typical Surfaces

(Classrooms, corridors, office/work areas)

Wet Areas

5/8", Type X

5/8", Type MR

Match existing

Level 5

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Fire-Rated

Underlayment

5/8" Type X Tape joints only Use only in conjunction with a finish surface overlay system.

B. New Construction: Note: New construction may be over wood or metal frame construction.

Room Type

Typical Surfaces

(Classrooms, corridors, office/work areas)

Wet Areas

Fire-Rated

Underlayment

Wallboard

System

5/8", Type X

5/8", Type MR

5/8" Type

Finish Type Notes

Level 5

Level 5 or coordinate with final surface

All surfaces

Accent surfaces only, such as Soffits.

Coordinate finish with final surface treatment

Tape joints only Use only in conjunction with a finish surface overlay system

END OF SECTION

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SECTION 09 53 33

FIBER REINFORCED PLASTIC PANELS

PART 1 - GENERAL

1.1 SECTION INCLUDES

A. Fiberglass reinforced plastic (FRP) panels.

B. Panel moldings.

C. Adhesives.

1.2 REFERENCES

A. ASTM E84 - Surface Burning Characteristics of Building Materials.

1.3 SUBMITTALS

A. Submit Product Data for panels and accessories.

B. Submit two 4-inch square Samples illustrating panel pattern and color. Submit two

12 inch long Samples of panel moldings.

C. Submit manufacturers installation instructions.

1.4 OPERATION AND MAINTENANCE DATA

A. Include data for cleaning and stain removal.

B. Include manufacturer's recommendations for cleaning materials, polishes, and waxes.

1.5 REGULATORY REQUIREMENTS

A. Provide products having flame/smoke-developed rating of 25/450 when tested in accordance with ASTM E84.

1.6 DELIVERY, STORAGE, AND HANDLING

A. Deliver, store, and protect products at site

1.7 ENVIRONMENTAL REQUIREMENTS

A. Do not install fiberglass reinforced plastic panels when temperatures are below

60 degrees F or above 90 degrees F.

B. Maintain temperature range for 24 hours before, during, and 72 hours after installation of panels.

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PART 2 - PRODUCTS

2.1 MANUFACTURERS

A. Marlite, (310) 944-0157 or approved equal.

2.2 MATERIALS

A. Fiberglass reinforced plastic panels 0.090 inch thick in 4 foot wide sheets.

B. Panels shall have pebble textured surface finish in color to be selected by Architect.

C. Panels shall have a flame/smoke-developed rating of 25/450 for a Class A finish when tested according to ASTM E84.

2.3 ACCESSORIES

A. Moldings: Extruded plastic J and H configured joint accessories in maximum practical lengths. Color and finish shall match panels.

B. Adhesive: Latex-based non-flammable construction adhesive.

C. Sealant: Silicone sealant specified in Section 07 92 00.

PART 3 - EXECUTION

3.1 EXAMINATION

A. Verify that surfaces and openings are ready to receive Work.

B. Verify that field measurements and tolerances are as instructed by manufacturer.

C. Verify that required utilities are available, in proper location, and ready for use.

D. Beginning of installation constitutes acceptance of existing substrate surface conditions by installer.

3.2 PREPARATION

A. Clean substrate surfaces.

B. Protect elements of work adjacent to Work of this Section from damage or disfiguration.

3.3 INSTALLATION

A. Lay out vertical joints to minimize interference with fixtures and accessories.

B. Coordinate layout of top and bottom joints with other trades.

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C. Install panels and accessories in accordance with manufacturer’s instructions.

D. Apply panel adhesive at 6 inches on center over entire field of panel.

E. Set panel ends and edges in moldings.

F. Seal moldings and panel joints including transitions to adjacent surface finishes with sealant.

3.4 FIELD QUALITY CONTROL

A. Panels shall lay flush with substrate, without air pockets or warpage.

B. Remove and replace panels not conforming to manufacturer’s installation guidelines.

END OF SECTION

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SECTION 09 91 00

PAINTING

PART 1 - GENERAL

1.1 SECTION INCLUDES

A. Surface preparation.

B. Products and application.

C. Surface finish schedule.

D. Patch to match existing.

1.2 REFERENCES

A. ASTM D16 - Definitions of Terms Relating to Paint, Varnish, Lacquer, and Related

Products.

B. ASTM D2016 - Test Method for Moisture Content of Wood.

1.3 SYSTEM DESCRIPTION

A. Preparation of all surfaces to receive final finish.

B. Painting and finishing Work of this Section using coating systems of materials including primers, sealers, fillers, and other applied materials whether used as prime, intermediate, or finish coats.

C. Surface preparation, priming, and finish coats specified in this Section are in addition to shop-priming and surface treatment specified under other Sections.

D. Painting and finishing all exterior and interior surfaces of materials including structural, mechanical, and electrical Work on site, in building spaces, and above or on the roof.

E. Paint exposed surfaces except where a surface or material is specifically indicated not to be painted or is to remain natural. Where an item or surface is not specifically mentioned, paint the same as similar adjacent materials or surfaces.

1.4 DEFINITIONS

A. Conform to ASTM D16 for interpretation of terms used in this Section.

1.5 QUALITY ASSURANCE

A. Product Manufacturer: Company specializing in manufacturing quality paint and finish products with five years experience.

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B. Applicator: Company specializing in commercial painting and finishing with five years documented experience.

C. Regulatory Requirements: Comply with applicable codes and regulations of governmental agencies having jurisdiction including those having jurisdiction over airborne emissions and industrial waste disposal. Where those requirements conflict with this specification, comply with the more stringent provisions. Comply with the current applicable regulations of the California Air Resources Board (CARB) and the

Environmental Protection Agency (EPA).

D. Coats: The number of coats specified is the minimum number acceptable. If full coverage is not obtained with the specified number of coats, apply such additional coats as are necessary to produce the required finish.

E. Employ coats and undercoats for all types of finishes in strict accordance with the recommendations of the paint manufacturer.

F. Provide primers and undercoat paint produced by the same manufacturer as the finish coat.

1.6 SUBMITTALS

A. Provide manufacturer’s technical information and instructions for application of each material proposed for use by catalog number.

B. List each material by catalog number and cross-reference specific coating with specified finish system.

C. Provide manufacturer’s certification that products proposed meet or exceed specified materials.

D. Submit two 8-1/2 inch x 11 inch Samples of each paint color and texture applied to cardboard. Resubmit Samples until acceptable color, sheen and texture is obtained.

E. On same species and quality of wood to be installed, submit two 4 x 8 inch Samples showing system to be used.

F. CHPS Submittals:

1. Credit EQ2.0D.P2: Provide product data, MSDS, and other official literature from manufacturer clearly identifying that the product meets the testing requirements and threshold limits of the State of California Department of

Health Services (DHS) Standard Practice for the Testing of Volatile Organic

Compounds . Such products shall be either identified on the CHPS Low-

Emitting Materials Product List or by a 3 rd

party certification program listing low-emitting material products that meet the State testing requirements, as identified on the CHPS website.

1.7 FIELD SAMPLES

A. Provide field samples under provisions of Section 01 33 00.

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B. On wall surfaces and other exterior and interior components, duplicate specified finishes on at least 100 square feet of surface area.

C. Provide full-coat finishes until required coverage, sheen, color and texture are obtained.

D. Simulate finished lighting conditions for review of field samples.

E. After finishes are accepted, the accepted surface may remain as part of the Work and will be used to evaluate subsequent coating systems applications of a similar nature.

1.8 DELIVERY, STORAGE, AND HANDLING

A. Deliver the products to site and store and protect under provisions of Section 01 87

00.

B. Deliver products to site in sealed and labeled containers; inspect to verify acceptance.

C. Container labeling to include manufacturer’s name, type of paint, brand name, brand code, coverage, surface preparation, drying time, cleanup, color designation, and instructions for mixing and reducing. Paint containers not displaying product identification will not be acceptable.

D. Store paint materials at minimum ambient temperature of 45 degrees F and a maximum of 90 degrees F, in well ventilated area, unless required otherwise by manufacturer’s instructions.

E. Take precautionary measures to prevent fire hazards and spontaneous combustion.

1.9 ENVIRONMENTAL REQUIREMENTS

A. Provide continuous ventilation and heating facilities to maintain surface and ambient temperatures above 45 degrees F for 24 hours before, during, and 48 hours after application of finishes, unless required otherwise by manufacturer's instructions.

B. Do not apply exterior coatings during rain or snow, or when relative humidity is above

50 percent, unless required otherwise by manufacturer's instructions.

C. Minimum Application Temperatures for Latex Paints: 45 degrees F for interiors;

50 degrees F for exterior; unless required otherwise by manufacturer's instructions.

D. Minimum Application Temperature for Varnish and Urethane Finishes: 65 degrees F for interior or exterior, unless required otherwise by manufacturer's instructions.

E. Provide lighting level of 80 feet candles measured mid-height at substrate surface.

1.10 EXTRA STOCK

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A. Provide a ten gallon container of each finish paint color to Owner for touchup.

B. Label each container with color, texture, and room locations in addition to the manufacturer’s label.

1.11 QUALITY ASSURANCE

A. Product Manufacturer: Company specializing in manufacturing quality paint and finish products with five years experience.

PART 2 - PRODUCTS

2.1 ACCEPTABLE MANUFACTURERS

A. Unless specifically identified otherwise, product designations are those of the Dunn-

Edwards Corporation, (800) 537-4098 and shall serve as the standard for kind, quality, and function.

B. Subject to compliance with requirements, other manufacturers offering equivalent products are:

2. Benjamin Moore Paints, (213) 722-3484.

3. Frazee Paint (McCloskey, Ameron), (213) 727-2861.

4. ICI Paint Stores, (619) 589-6373.

5. Kelly-Moore Paint Company, (650) 592-8337.

6. Pittsburgh Paints, (888) 774-2001.

7. Sherwin Williams, (310) 404-7422.

2.2 MATERIALS

A. Ready mixed, except field catalyzed coatings. Process pigments to a soft paste consistency, capable of being readily and uniformly dispersed to a homogeneous coating.

B. Good flow and brushing properties; capable of drying or curing free of streaks or sags.

C. Accessory Materials: Linseed oil, shella, turpentine, paint thinners and other materials not specifically indicated but required to achieve the finishes specified, of commercial quality.

D. Required CHPS Credit:

1. Credit EQ2.2: Paint shall be low-emitting and must meet the testing requirements and threshold limits of the State of California Department of

Health Services (DHS) Standard Practice for the Testing of Volatile Organic

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Compounds . Such products shall be either identified on the CHPS Low-

Emitting Materials Product List or by a 3 rd

party certification program listing low-emitting material products that meet the State testing requirements, as identified on the CHPS website.

2.3 FINISHES

A. Refer to schedule at end of Section for surface finish schedule.

PART 3 - EXECUTION

3.1 INSPECTION

A. Verify that surfaces are ready to receive Work as instructed by the product manufacturer.

B. Examine surfaces to be finished prior to commencement of Work. Report any condition that may potentially affect proper application.

C. Measure moisture content of surfaces using an electronic moisture meter. Do not apply finishes unless moisture content of surfaces are below the following maximums:

1. Plaster and Gypsum Wallboard: 12 percent.

2. Masonry, Concrete, and Concrete Unit Masonry: 12 percent.

3. Interior Located Wood: 15 percent, measured in accordance with ASTM

D2016.

4. Exterior Located Wood: 15 percent, measured in accordance with ASTM

D2016.

D. Beginning of installation means acceptance of existing surfaces.

3.2 SURFACE PREPARATION

A. Remove electrical plates, hardware, light fixture trim, and fittings prior to preparing surfaces or finishing.

B. Correct minor defects and clean surfaces which affect Work of this Section.

C. Shellac and seal marks which may bleed through surface finishes.

D. Impervious Surfaces: Remove mildew by scrubbing with solution of tri-sodium phosphate and bleach. Rinse with clean water and allow surface to dry.

E. Aluminum Surfaces: Remove surface contamination by steam or high pressure water. Remove oxidation with acid etch and solvent washing. Apply etching primer immediately following cleaning.

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F. Insulated Coverings: Remove dirt, grease, and oil from canvas and cotton.

G. Gypsum Board: Repair all voids, nicks, cracks and dents with patching materials and finish flush with adjacent surface. Latex fill minor defects. Spot prime defects after repair.

H. Galvanized Surfaces: Remove surface contamination and oils and wash with solvent. Pretreat with phosphoric acid etch or vinyl wash. Apply coat of etching primer the same day as pretreatment is applied.

I. Concrete and Unit Masonry: Remove dirt, loose mortar, scale, salt or alkali powder, and other foreign matter. Remove oil and grease with a solution of tri-sodium phosphate; rinse well and allow to dry. Remove stains caused by weathering of corroding metals with a solution of sodium metasilicate after thoroughly wetting with water. Allow to dry.

J. Plaster: Fill hairline cracks, small holes, and imperfections with latex patching plaster. Make smooth and flush with adjacent surfaces. Wash and neutralize high alkali surfaces.

K. Uncoated Steel and Iron: Remove grease, scale, dirt, and rust. Where heavy coatings of scale are evident, remove by wire brushing or sandblasting; clean by washing with solvent. Apply a treatment of phosphoric acid solution, ensuring weld joints, bolts, and nuts are similarly cleaned. Spot prime paint after repairs.

L. Shop Primed Steel: Sand and scrape to remove loose primer and rust. Feather edges to make touch-up patches inconspicuous. Clean surfaces with solvent. Prime bare steel surfaces.

M. Interior Wood: Wipe off dust and grit prior to priming. Seal knots, pitch streaks, and sappy sections with sealer. Fill nail holes and cracks after primer has dried; sand between coats.

N. Exterior Wood: Remove dust, grit, and foreign matter. Seal knots, pitch streaks, and sappy sections. Fill nail holes with tinted exterior caulking compound after prime coat has been applied.

O. Wood Doors: Seal top and bottom edges with 2 coats of spar varnish sealer.

3.3 PROTECTION OF ADJACENT WORK

A. Protect elements surrounding the Work of this Section from damage or disfiguration.

B. Repair damage to other surfaces caused by Work of this Section.

C. Furnish drop cloths, shields, and protective methods to prevent spray or droppings from disfiguring other surfaces.

D. Remove empty paint containers from site.

3.4 WORK NOT TO BE PAINTED

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A. Painting is not required on surfaces in concealed and inaccessible areas such as furred spaces, foundation spaces, utility tunnels, pipe spaces and duct shafts.

B. Do not paint metal surfaces such as stainless steel, chromium plate, brass, bronze, and similar finished metal surfaces.

C. Do not paint anodized aluminum or other surfaces which are specified to be factory pre-finished.

D. Do not paint sandblasted or architecturally finished concrete surfaces.

E. Do not paint over Underwriters Laboratories, Factory Mutual or other code-required labels or identifications.

3.5 APPLICATION

A. Apply products in accordance with manufacturer's instructions.

B. Do not apply finishes to surfaces that are not dry.

C. Apply each coat to uniform finish.

D. Apply each coat of paint slightly darker than preceding coat unless otherwise approved.

E. Sand lightly between coats to achieve required finish.

F. Allow applied coat to dry before next coat is applied.

G. The number of coats specified is the minimum that shall be applied. Apply additional coats when undercoats, stains or other conditions show through final paint coat, until paint film is of uniform finish, color and appearance.

H. Where clear finishes are required, tint fillers to match wood. Work fillers into the grain before set. Wipe excess from surface.

I. Prime back surfaces of interior and exterior woodwork with primer paint.

J. Prime back surfaces of interior woodwork scheduled to receive stain or varnish finish with gloss varnish reduced 25 percent with mineral spirits.

K. Paint mill finished door seals to match door or frame.

L. Paint primed steel glazing stops in doors to match door or frame.

M. Cloudiness, spotting, lap marks, brush marks, runs, sags, spikes and other surface imperfections will not be acceptable.

N. Where spray application is used, apply each coat of the required thickness. Do not double back to build up film thickness of two coats in one pass.

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O. Where roller application is used, roll and redistribute paint to an even and fine texture. Leave no evidence of roller laps, irregularity of texture, skid marks, or other surface imperfections.

P. For painting of exterior patchwork, paint to the nearest surface break.

3.6 FINISHING MECHANICAL AND ELECTRICAL EQUIPMENT

A. Paint shop primed equipment. Do not paint shop prefinished items.

B. Remove unfinished louvers, grilles, covers, and access panels on mechanical and electrical components and paint separately.

C. Prime and paint insulated and exposed pipes, conduit, boxes, insulated and exposed ducts, hangers, brackets, collars and supports, except where items are prefinished.

D. Replace identification markings on mechanical or electrical equipment when painted accidentally.

E. Paint both sides and edges of plywood backboards for electrical and telephone equipment before installing equipment.

F. Replace electrical plates, hardware, light fixture trim, and fittings removed prior to finishing.

G. Paint grilles, registers, and diffusers which do not match color of adjacent surface.

H. Paint all mechanical and electrical equipment, vents, fans, and the like occurring on roof.

I. Do not paint moving parts of operating units; mechanical or electrical parts such as valve operators; linkages; sensing devices; and motor shafts.

J. Do not paint over labels or equipment identification markings.

K. Do not paint mechanical room specialties such as compressors, boilers, pumps, control panels, etc.

L. Do not paint switch plates, light fixtures, and fixture lenses.

3.7 CLEANING

A. As Work proceeds, promptly remove paint where spilled, splashed, or spattered.

B. During progress of Work maintain premises free of unnecessary accumulation of tools, equipment, surplus materials, and debris.

C. Collect cotton waste, cloths, and material which may constitute a fire hazard, place in closed metal containers and remove daily from site.

3.8 PROTECTION OF COMPLETED WORK

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A. Protect finished installation under provisions of Section 01 87 00.

B. Erect barriers and post warning signs. Maintain in place until coatings are fully dry.

C. Confirm that no dust generating activities will occur following application of coatings.

3.9 PATCHING

A. After completion of painting in any one room or area, repair surfaces damaged by other trades.

B. Touch-up or re-finish as required to produce intended appearance.

3.10 FIELD QUALITY CONTROL

A. Field inspection and testing will be performed under provisions of Section 01 45 29.

B. The Owner reserves the right to invoke the following test procedure at any time and as often as the Owner deems necessary.

C. The Owner will engage the services of an independent testing agency to sample paint material being used.

D. Samples of material delivered to the Project will be taken, identified, sealed, and certified in the presence of the Contractor.

E. The testing agency will perform appropriate quantitive materials analysis and other characteristic testing of materials as required by the Owner.

F. If test results show materials being used and their installation do not comply with specified requirements or manufacturer's recommendations, the Contractor may be directed to stop painting, remove noncomplying paint, pay for testing and repaint surfaces to acceptable condition.

3.11 COLOR SCHEDULE

A. Paint and finish colors shall be custom color, mixed and formulated to match existing finishes.

B. Access doors, registers, exposed piping, electrical conduit and mechanical/electrical panels if not stainless steel; generally the same color as adjacent walls.

C. Exterior and interior steel doors, frames and trim; match adjacent existing door frames.

D. Doors: Match adjacent existing door paint or varnish.

E. Interior and Exterior Steel Fabrications, if not Stainless Steel: Match existing or adjacent walls.

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3.12 SCHEDULE - EXTERIOR SURFACES

A. The following paint systems shall be used:

1. Wood-Painted (Flat Acrylic) - Exterior Trim and Exposed Wood Framing

1st coat:

2nd coat:

W708 EZ Prime

W701V Evershield

3rd coat: W701V Evershield

2. Wood-Painted (Semi-Gloss Acrylic)

1st coat:

2nd coat:

W708 EZ Prime

W901V Permasheen

3rd coat:

3. Wood-Painted (Gloss Alkyd)

W901V Permasheen

1st coat:

2nd coat:

3rd coat:

4. Wood - Semi-Transparent

W708 EZ Prime

W960V Permagloss

W960V Permagloss

1st coat:

5. Wood- Transparent

WPT3 "OKON Weatherpro"

6. Concrete (Flat Acrylic) - Exposed concrete indicated on drawings to be painted

1st coat: W709 Eff-Stop

2nd coat:

3rd coat:

W701V Evershield

W701V Evershield

7. Cement Plaster (Flat Acrylic)

1st coat: W709 Eff-Stop

2nd coat:

3rd coat:

W701V Evershield

W701V Evershield

8. Steel-Primed or Unprimed (Flat Acrylic)

1 st

coat: 43-5 Corrobar

2nd coat:

3 rd

coat:

W-701V Evershield

W-701V Evershield

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9. Steel-Primed or Unprimed (Semi-Gloss Acrylic)

1 st

coat: 43-5 Corrobar

2nd coat:

3 rd

coat:

W901V Permasheen

W901V Permasheen

10. Steel-Galvanized (Flat Acrylic)

1st coat:

2nd coat:

3rd coat:

4th coat

GE 123 Galva Etch, Etching Liquid

43-7 Galv-Alum

W701V Evershield

W701V Evershield

11. Steel-Galvanized (Semi-Gloss - Acrylic)

1st coat: GE 123 Galva Etch, Etching Liquid

2nd coat:

3rd coat:

43-7 Galv-Alum

W901V Permasheen

4th coat W901V Permasheen

12. Steel-Galvanized (Gloss - Alkyd)

1st coat:

2nd coat:

3rd coat:

GE 123 Galva Etch, Etching Liquid

43-7 Galv-Alum

10 Syn-Lustro

4th coat

3.13 SCHEDULE - INTERIOR SURFACES

10 Syn-Lustro

A. The following paint systems shall be used:

1. Wood-Painted (Semi-Gloss Alkyd) - Wood Trim

1st coat:

2nd coat:

W707 Unikote

W901V Permasheen

3rd coat:

2. Wood-Painted (Gloss Alkyd)

W901V Permasheen

1st coat: W707 Unikote

2nd coat:

3rd coat:

W960V Permagloss

W960V Permagloss

4. Wood - Transparent (Stain - Semi-Gloss Varnish)

1st coat: V-QYB Series Stainseal

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Filler coat (Open grain wood only):

2nd coat:

Jasco Paste Wood Filler

3rd coat:

4th coat:

MC80-2025 McCloskey

MC80-6702 McCloskey

MC80-6702 McCloskey

5. Wood - Transparent (Stain-Semi-Gloss Lacquer)

1st coat: V-QYB Series Wood Stain

2nd coat: V-NRS-1620 (Sanding Sealer)

3rd coat:

4th coat:

V-NRF1626 LUSTER-LAC (Lacquer)

V-NRF 1626 LUSTER-LAC (Lacquer)

13. Steel - Primed or Unprimed (Semi-Gloss-Alkyd) - Steel Doors/Frames

1st coat: 43-5 Corrobar (or touch up)

2nd coat:

3rd coat:

9 Syn-Lustro Semi-Gloss

9 Syn-Lustro Semi-Gloss

14. Steel - Primed or Unprimed (Gloss-Alkyd)

1st coat: 43-5 Corrobar (or touch up)

2nd coat:

3rd coat:

10 Syn-Lustro Gloss

10 Syn-Lustro Gloss

18. Gypsum Board (Flat - Latex)

1st coat: W101V PVA

2nd coat:

3rd coat:

W401V Decovel

W401V Decovel

19. Gypsum Board (Eggshell-Acrylic) - Gypsum Board Walls and Ceilings

1st coat: W101V PVA

2nd coat:

3rd coat:

W440V Decosheen

W440V Decosheen

20. Gypsum Board (Semi-Gloss -Acrylic) - Kitchenette areas; all Interior Wood

Trim

1st coat: W101V PVA

2nd coat:

3rd coat:

W901V Permasheen

W901V Permasheen

21. Gypsum Board (Gloss -Acrylic)

1st coat: W101V PVA

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2nd coat: W960V Permagloss

3rd coat: W960V Permagloss

22. Gypsum Board (Gloss -Epoxy)

1st coat:

2nd coat:

3rd coat:

W102 Proseal

9100 Series RUSTOLEUM

9100 Series RUSTOLEUM

END OF SECTION

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1.3

1.2

SECTION 09 97 23

CONCRETE SEALERS

PART 1 GENERAL

1.1 SUMMARY

A. This Section specifies an applied sealer for horizontal cast-in-place concrete surfaces.

B. Related Sections: Refer to the following specification sections for coordination.

1. Section 033000 - Cast-In-Place Concrete.

SUBMITTALS

A. Product Data: Submit manufacturer's product data and installation instructions.

B Mock-Up: Prepare a test area minimum 2 by 2 feet in size to verify suitability of the sealer and final appearance.

QUALITY ASSURANCE

A. Manufacturer: Minimum 10 years experience producing concrete coatings.

B. Installer: Licensed installers experienced and trained in the use of specified products.

C. Suitability of Substrate: Concrete surface must be clean and dry with all stains, oil, grease, dust and dirt removed prior to application. A thorough pressure washing is highly recommended.

D. Regulatory Requirements: Comply with requirements of authorities having jurisdiction and applicable codes at the location of the project.

DELIVERY, STORAGE AND HANDLING 1.4

A. Deliver materials and products in unopened factory labeled packages. Protect from damage.

B. Store in a safe place, out of direct sunlight. Keep containers tightly sealed. Do not allow product to freeze. Use within manufacturer’s recommended shelf life, approximately 12 months.

PART 2 - PRODUCTS

2.1

A.

MATERIALS

Concrete Sealer: High-performance, non-yellowing, clear acrylic-based sealer by Concrete

Coatings Inc., 1105 North 1600 West, Layton, UT 84041, 800-443-2871, www.concretecoatingsinc.com. Provide the following:

1. Sealer with Gloss Finish: CCI GemKote 100, with 100 g/L VOC.

2. Sealer with Gloss Finish: CCI GemKote 350, with 350 g/L VOC.

3. Sealer with Gloss Finish: CCI GemKote 400, with 400 g/L VOC.

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4. Sealer with Gloss Finish: CCI SuperSeal 2000, with 600 g/L VOC.

5. Sealer with Matte Finish: CCI GemKote 100-M, with 100 g/L VOC.

6. Sealer with Matte Finish: CCI GemKote 350-M, with 350 g/L VOC.

7. Sealer with Matte Finish: CCI GemKote 400-M, with 400 g/L VOC.

8. Sealer with Matte Finish: CCI SuperSeal 2000-M, with 600 g/L VOC.

9. Performance: Concrete sealers shall meet or exceed the following: a. Coverage: As recommended by manufacturer. b. Moisture Retention, Test ASTM C 309: 0.21 kg/m² at 200 ft² per gallon and 0.32 kg/m² at 300 ft² per gallon. c. Gasoline Resistance: Slight dulling after15-minute exposure (ponding). d. Tg: 50°C. e. Tukon Hardness: 30 minutes at 180°F, 9.3; 30 minutes at 300°F, 13.7. f. Pencil Hardness: 30 minutes at 180°F, F; 30 minutes at 300°F, H. g. Spray Conditions, Viscosity: 19 seconds, No. 2 Zhan cup. h. Abrasion Resistance: 160 mg lost, CS-17 wheel, 1000 g load, 1000 cycles

PART 3 - EXECUTION

3.1 PREPARATION

A. Inspection: Prior to start of application, inspect existing conditions to ensure surfaces are suitable for installation including the following:

1. Concrete has cured for a minimum of 28 days prior to application of sealer.

2. Surface is completely free of sealers, oils, dirt, paint, alkali, penetrating sealers and foreign materials that would prevent the sealer from penetrating the concrete surface.

3. Concrete has been swept clean.

4. Test area has been approved.

3.2 APPLICATION

A. Concrete Sealer: Strictly comply with manufacturer’s installation recommendations including the following.

1. Apply after stain has dried at rate recommended by manufacturer.

2. Clean surface as recommended by manufacturer.

3. All concrete flatwork designated as being sealed in the plans and specifications shall be sealed with 2-3 even coats of sealer, at the rate of approximately 150 to

200 square feet per gallon.

3.3 CLEANING AND PROTECTION

A. Protection: Do not cover, but protect floor area from paint and other contaminates that could inhibit the sealer.

END OF SECTION

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SECTION 10 14 00

SIGNAGE

PART 1 - GENERAL

1.1 SECTION INCLUDES

A. Door and wall signage.

1.2 SUBMITTALS

A. Submit

B. Shop Drawings: Submit dimensioned elevations of each sign configuration.

1. Show sign sections indicating materials, thicknesses and attachment methods.

2. Show anchors and reinforcement.

3. Provide complete signage schedule indicating all signs and locations, key to room numbers and elevations. Provide space for Architect to indicate sign type and location.

C. Product Data:

1. Manufacturer's current published specifications.

2. Manufacturer's installation instructions.

D. Samples:

1. Provide two Samples of each sign type required in the profiles and sizes indicated on the Drawings. Signs approved with correct color and type may be used in the final installation at the request of the Contractor.

2. Provide Samples of all proposed fasteners and accessories.

3. Three copies of manufacturer’s color chart indicating all available standard colors for selection by the Architect.

E. Closeout: Manufacturer's warranty.

1.3 PROJECT CONDITIONS

A. Environmental Requirements: Install signs only when interior air and substrates have reached equilibrium moisture and temperature approximating that of normal occupied conditions.

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B. Do not install adhesive tape mounted signs when ambient temperature is below 70 degrees Fahrenheit. Maintain this temperature during and after installation of signs.

1.4 REGULATORY REQUIREMENTS

A. Conform to C.C.R., Title 24, Part 2, Chapter 11, ADA Accessibility Guidelines

(ADAAG), and American Disability Act (ADA) for accessibility requirements.

1.5 DELIVERY, STORAGE, AND HANDLING

A. Deliver signs safely packed to prevent damage during shipment and prior to installation.

B. Keep signs in protective wrapping until ready for installation.

C. Handle carefully to prevent damage. Replace damaged parts at no cost to the

Owner.

1.6 SCHEDULING

A. Do not install signs until walls and/or doors have received final finish.

1.7 WARRANTY

A. Furnish manufacturer's written warranty agreeing to replace signs which fade or discolor under normal environmental exposure.

B. Warranty Period: 5 years.

PART 2 - PRODUCTS

2.1 MANUFACTURERS AND PRODUCTS

A. Subject to compliance with requirements specified herein.

2.2 DOOR AND WALL SIGNAGE

A. Cast Acrylic Sheet: ASI Modulux, Mohawk Sign Systems Inc., or approved equal.

1. Monolithic tactile plaque sign with fully integrated graphics composed of high-impact polyester acrylate resins, pressure molded into a single polymerized component, using manufacturer’s co-molding process. a. Depth: 0.25 inch thickness. b. Panel Appearance: Specify from manufacturer’s standard, high contrast semi-matte color chart. c. Surface Texture: Matte non-glare.

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d. Letter Styles and Sizes and Layout Position: Specify from manufacturer’s standard letter styles and color chart. e. Text Schedule: Verify correct capitalization. f. Sign Size: As indicated on the Drawings. g. Sign Shape: As indicated on the Drawings. Square or rectangular shapes shall have radiused corners. h. Sign Copy: Shall be integrally molded with sign body per manufacturer’s standard bonding process. i. Application: Rated for exterior and interior applications. j. Background Appearance: Solid color from manufacturer’s standard color charts. k. Braille: Integral domed-shaped California Grade 2 Braille dots, each distinct and separate.

2. Flame Resistance: Application of a lighted match shall not produce melting, flashing, flaring or distortion. Signs shall not ignite at a temperature less than

800º F.

3. Vandal resistant surface which can be cleaned using industrial cleansers, including acetone.

C. Colors: High contrast semi-matte integral colors for graphics. All integral resins are

U.V stabilized resins utilizing automotive grade pigments.

D. Location of signs as shown on Drawings.

2.8 FABRICATION

A. General Requirements:

1. Shop-fabricate signs to requirements indicated for materials, thicknesses, designs, shapes, sizes and details of construction.

2. Sign panel surfaces shall be smooth, even and fabricated to remain flat under installed conditions. Ease all edges and corners of signs.

3. Provide lettering and graphics precisely formed, uniformly opaque to comply with relevant regulations and requirements indicated for size, style, spacing, content, position and colors.

B. Tactile Graphics and Text:

1. Conform to C.B.C. Title 24, Chapter 11, Section 11B-703.

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2. California Grade 2 Braille must accompany raised text characters. Provide tactile copy and Grade 2 Braille raised 1/32 inch minimum from plaque using manufacturer’s co-molding process: a. Letters and numbers shall be raised 1/32 inch (0.794 mm) and shall be sans-serif uppercase characters accompanied by California Grade 2

Braille symbols. b. Braille Symbols: Rounded or domed California Braille dots, each distinct and separate. Dots shall be 1/10 inch (2.54 mm) on centers in each cell with 2/10 inch (5.08 mm) space between cells. Dots shall be raised a minimum of 1/32 inch (0.794 mm) from a plaque surface. c. Proportions: Letters and numbers on signs shall be selected from fronts where the width of the uppercase letter “O” is 60 percent minimum and 110 percent maximum of the height of the uppercase letter “I” d. Character Height: Characters and numbers on signs shall be 5/8-inch minimum and 2 inches maximum high and as shown on the Drawings. e. Contrast of Characters and Symbols: Characters and symbols shall be light characters with dark background with a contrast of 70 percent minimum.

3. Raised Characters and Pictorial Symbol Signs: a. Letter Type: Letters and numbers on signs shall be raised 1/32 inch

(0.794 mm) minimum and shall be sans-serif uppercase characters accompanied by California Grade 2 Braille. b. Symbol Size: Raised characters or symbols shall be a minimum of 5/8- inch (15.9 mm) and as shown on the Drawings. c. Pictorial Symbol Signs (Pictograms): Pictorial symbol signs

(pictograms) shall be accompanied by the equivalent verbal description placed directly below the pictogram as shown on the Drawings. d. Contrast between letters and/or characters and background color must be 70 percent minimum.

C. Silkscreening: All silkscreened graphics shall be produced with ABS paint compatible with the substrate, using mesh of 390 or finer to produce clean, sharp edges. All media are to be opaque, with full even coverage, and free from dust bubbles, blemishes and other foreign matter. Characters and symbols shall contrast

70 percent minimum with their background. Characters shall be light colors with dark background.

PART 3 - EXECUTION

3.1 EXAMINATION

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A. Verify that substrate surfaces to receive units are true and plumb. Correct inadequate surfaces before installation of signs.

B. Verify that moisture and temperature levels of substrate and environment have been stabilized and are acceptable prior to proceeding with the Work.

C. Take field measurements prior to shop fabrication where necessary in order to ensure proper fitting of Work.

D. Do not begin Work until unsatisfactory conditions have been corrected.

3.2 INSTALLATION

A. Install units in locations and at mounting heights indicated on Drawings.

1. Keep perimeter lines straight, plumb, and level.

2. Install within 1/4 inch tolerance vertically and horizontally of intended location and in accordance with manufacturer’s recommendations.

3. Install product at heights to conform to C.C.R., Title 24, Part 2 and ADA

Accessibility Guidelines (ADAAG).

B. Installation on Walls: Attach securely through finish wall to rigid backing.

C. Installation Method: Install with vandal - resistant fasteners.

3.3 CLEANING, PROTECTION AND REPAIR

A. Repair scratches and other damage which might have occurred during installation.

Replace components where repairs were made but are still visible to the unaided eye from a distance of 5 feet.

B. Clean installed products in accordance with manufacturer’s instructions prior to

District’s acceptance.

END OF SECTION

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SECTION 10 28 00

TOILET ACCESSORIES

PART 1 - GENERAL

1.1 SECTION INCLUDES

A. Toilet and washroom accessories.

B. Mirror units.

C. Concealed anchor devices and backing plate reinforcements furnished to other

Sections.

D. Attachment hardware.

1.2 REFERENCES

A. ADAAG - Americans with Disabilities Act (ADA) Accessibility Guidelines for Buildings and Facilities.

B. CCR - California Code of Regulations, Title 24, Part 2, California State Accessibility

Standards.

C. ASTM A123 - Zinc (Hot-Dip Galvanized) Coatings on Products Fabricated from

Rolled, Pressed, and Forged Steel Shapes, Plates, Bars and Strips.

D. ASTM A366 - Steel, Carbon, Cold-Rolled Sheet, Commercial Quality.

E. ASTM A386 - Zinc Coating (Hot-Dip) on Assembled Steel Products.

F. ASTM B456 - Electrodeposited Coatings of Copper Plus Nickel Plus Chromium and

Nickel Plus Chromium.

G. ASTM A167 - Stainless and Heat-Resisting Chromium-Nickel Steel Plate, Sheet and

Strip.

H. ASTM A269 - Seamless and Welded Austenitic Stainless Steel Tubing for General

Service.

1.3 SUBMITTALS

A. Provide Product Data on accessories, describing size, finish, details of function, attachment methods.

B. Submit manufacturer's installation instructions.

1.4 KEYING

A. Supply two keys for each accessory to Owner.

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B. Master key all accessories.

1.5 REGULATORY REQUIREMENTS

A. Conform to CCR, Title 24, Part 2, and ADAAG for access for the handicapped.

1.6 COORDINATION

A. Coordinate the Work of this Section with the placement of internal wall reinforcement and reinforcement of toilet partitions to receive anchor attachments.

PART 2 - PRODUCTS

2.1 MANUFACTURERS

A. Bobrick Washroom Equipment, Inc.

B. American Specialties, Inc. (ASI).

C. Bradley Corporation.

D. Xlerator

2.2 MATERIALS

A. Sheet Steel: ASTM A366.

B. Stainless Steel Sheet: ASTM A167, Type 304.

C. Tubing: ASTM A269, stainless steel, Type 304.

D. Adhesive: Two-component epoxy type waterproof.

E. Fasteners, Screws, and Bolts: Hot-dip galvanized, tamperproof.

F. Expansion Shields: Fiber, lead, or rubber as recommended by accessory manufacturer for component and substrate.

2.3 FABRICATION

A. Weld and grind smooth joints of fabricated components.

B. Form exposed surfaces from single sheet of stock, free of joints.

C. Form surfaces flat without distortion. Maintain flat surfaces without scratches or dents.

D. Back-paint components where contact is made with building finishes to prevent electrolysis.

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E. Shop-assemble components and package complete with anchors and fittings.

F. Provide steel anchor plates, adapters, and anchor components for installation.

G. Hot-dip galvanize all ferrous metal and fastening devices.

2.4 FACTORY FINISHING

A. Galvanizing: ASTM A123 to 1.25 ounces per square yard.

B. Shop Primed Ferrous Metals: Pretreat and clean, spray apply one coat primer and bake.

C. Stainless Steel: No. 4 satin finish.

PART 3 - EXECUTION

3.1 EXAMINATION

A. Verify that site conditions are ready to receive Work and dimensions are as instructed by the manufacturer.

B. Beginning of installation means acceptance of existing conditions.

3.2 PREPARATION

A. Deliver inserts and rough-in frames to site at appropriate time for building-in.

B. Provide templates and rough-in measurements as required.

C. Verify exact location of accessories for installation.

3.3 INSTALLATION

A. Install fixtures, accessories and items in accordance with manufacturers' instructions.

B. Install plumb and level, securely and rigidly anchored to substrate.

C. Verify that no equipment in accessible toilet stalls protrudes past the face of the wall by more than 3 inches.

3.4 SCHEDULE

A. Model numbers refer to Bobrick products, as a standard of quality and performance.

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Model No. Description

B-166 2436 Glass Mirror, reference Drawings for sizes

XL-BW Electric Hand Dryer

B-4221 Toilet seat cover dispenser

B-4112 Soap dispenser

B-5806-36 1-1/2" diameter x 36" long grab bar refer to

Drawings for anchorage

B-5806-48 1-1/2" diameter x 48" long grab bar refer to

Drawings for anchorage

END OF SECTION

Power Remark

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