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
005723.00003
13460668.1
Bryte Restroom Renovations
Unified School District
005723.00003Washington
13460668.1
Table of Contents
Page 1
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
Bryte Restroom Renovations
Unified School District
005723.00003Washington
13460668.1
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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
Bryte Restroom Renovations
Unified School District
005723.00003Washington
13460668.1
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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
Bryte Restroom Renovations
Unified School District
005723.00003Washington
13460668.1
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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
Bryte Restroom Renovations
Unified School District
005723.00003Washington
13460668.1
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Page 5
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.
Bryte Restroom Renovations
Unified School District
005723.00003Washington
13460668.1
Notice Inviting Bids
Page 1
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
Bryte Restroom Renovations
Unified School District
005723.00003Washington
13460668.1
Notice Inviting Bids
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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.
Bryte Restroom Renovations
Unified School District
005723.00003Washington
13460668.1
Notice Inviting Bids
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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
Bryte Restroom Renovations
Unified School District
005723.00003Washington
13460668.1
Notice Inviting Bids
Page 4
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
Bryte Restroom Renovations
Washington Unified School District
005723.00003
13460668.1
Instructions to Bidders
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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:
Bryte Restroom Renovations
Washington Unified School District
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Instructions to Bidders
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TO:
Stephen Lane, HY- Architects - [email protected]
CC:
Victor Burbank, HY-Architects - [email protected]
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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Washington Unified School District
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Instructions to Bidders
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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
comparison chart);
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 the District;
5)
Will require no excessive or more expensive maintenance, including adequacy
and availability of replacement parts; and
6)
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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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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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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PRE-BID CLARIFICATION FORM (For Contractor's Use)
PROJECT NAME:
PROJECT NUMBER:
TO:
Stephen Lane, RA
Sr. Project manager
EMAIL:
[email protected]
DATE:
FROM:
DOCUMENT/DIVISION
NUMBER:
EMAIL:
DRAWING
NUMBER:
REQUESTED CLARIFICATION:
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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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
CONTRACTOR
NAME:
ADDRESS:
TELEPHONE:
(
)
FAX:
(
)
EMAIL
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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 ($_________)
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.
The required List of Designated Subcontractors is attached hereto.
9.
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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(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:
Date:
Signature of Bidder Representative
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 FORM
ATTACHMENT NO. 1 TO BID FORM
Description &
Portion of Work
Name of Subcontractor
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Location & Place of Business
License Type
and Number
E-Mail &
Telephone*
DIR Registration
Number*
Designation of Subcontractors Form
Page 22
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:
Bryte Restroom Renovations
Washington Unified School District
005723.00003
13460668.1
Designation of Subcontractors Form
Page 23
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.
Bryte Restroom Renovations
Washington Unified School District
005723.00003
13460668.1
Bid Bond Form
Page 24
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.
By
Principal’s Signature
(Corporate Seal)
Typed or Printed Name
Principal’s Title
By
(Corporate Seal)
Surety’s Signature
Typed or Printed Name
Title
(Attached Attorney in Fact Certificate)
Surety’s Name
Surety’s Address
Surety’s Phone Number
Bryte Restroom Renovations
Washington Unified School District
005723.00003
13460668.1
Bid Bond Form
Page 25
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
Bryte Restroom Renovations
Washington Unified School District
005723.00003
13460668.1
Bid Guarantee Form
Page 26
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.
Bryte Restroom Renovations
Washington Unified School District
005723.00003
13460668.1
Workers’ Compensation Form
Page 27
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: ___________________________
Bryte Restroom Renovations
Washington Unified School District
005723.00003
13460668.1
Non-Collusion Declaration
Page 28
REQUEST FOR SUBSTITUTION AT TIME OF BID
ATTACHMENT NO. 5 TO BID FORM
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:
Contractor
Agrees to
Provide
Specified Item
if request to
Substitute is
Denied1
(circle one)
District Decision
(circle one)
1.
Yes
No
Grant
Deny
2.
Yes
No
Grant
Deny
3.
Yes
No
Grant
Deny
4.
Yes
No
Grant
Deny
5.
Yes
No
Grant
Deny
6.
Yes
No
Grant
Deny
7.
Yes
No
Grant
Deny
8.
Yes
No
Grant
Deny
9.
Yes
No
Grant
Deny
10.
Yes
No
Grant
Deny
11.
Yes
No
Grant
Deny
12.
Yes
No
Grant
Deny
Specification Section
Specified
Item
Requested
Substituted Item
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.
Bryte Restroom Renovations
Washington Unified School District
005723.00003
13460668.1
Request for Substitution
Page 29
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.
4.
Maintenance and service parts will be available locally for the proposed substitution.
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:
Bryte Restroom Renovations
Washington Unified School District
005723.00003
13460668.1
Request for Substitution
Page 30
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
Washington Unified School District
Page 31
005723.00003
13460668.1
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:
Bryte Restroom Renovations
Washington Unified School District
005723.00003
13460668.1
DVBE Participation Statement Form
Page 32
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 _________________________________________________
_____________________________________________________________________________,
to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
proved
(Seal)
(Notary Public)
My Commission Expires:
(Expiration Date)
Bryte Restroom Renovations
Washington Unified School District
005723.00003
13460668.1
Site Visit Certification
Page 33
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.
EXAMPLE: Your references should be listed in the following format (facts are example
only)
(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 #
Bryte Restroom Renovations
Washington Unified School District
005723.00003
13460668.1
References
Page 34
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:
Reference #4
District or Entity:
Phone No.:
Address:
Name of Contact:
Reference #5
District or Entity:
Phone No.:
Address:
Name of Contact:
By:
Signature of Bidder
Bryte Restroom Renovations
Washington Unified School District
005723.00003
13460668.1
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
Bryte Restroom Renovations
Washington Unified School District
005723.00003
13460668.1
Contract Forms
Page 36

Escrow Agreement for Security Deposits In Lieu of Retention

Insurance Documents and Endorsements

Contractor Certification Regarding Background Checks and Attachment “A”
Bryte Restroom Renovations
Washington Unified School District
005723.00003
13460668.1
Contract Forms
Page 37
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”.
WITNESSETH that the District and the Contractor for the consideration stated herein agree as
follows:
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.
Bryte Restroom Renovations
Washington Unified School District
005723.00003
13460668.1
Form Agreement
Page 38
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,
Bryte Restroom Renovations
Washington Unified School District
005723.00003
13460668.1
Form Agreement
Page 39
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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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.
California Code of Regulations, Title 8, Chapter 8, Subchapters 3 through 6 (Section
16000 et seq.)
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
Title
Dated: ______________________________
______________________________________
Signature
Type or Printed Name
Title (Authorized Officers or Agents)
______________________________________
Signature
(CORPORATE SEAL)
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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)
(Name and Address of agent or representative
for service for service of process in California)
Telephone:
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.
(SEAL)
Notary Public in and for said State
Commission expires:
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)
(Name and Address of agent or representative
for service for service of process in California)
Telephone:
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.
(SEAL)
Notary Public in and for said State
Commission expires:
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)
(Proper Name)
By:
By:
(Signature of Subcontractor or Contractor)
(Signature
of
Subcontractor)
Contractor
if
for
Representatives to be contacted for service:
Name:
Address:
Phone Number:
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”.
For the consideration hereinafter set forth, the Owner, Contractor and Escrow Agent agree as
follows:
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
Name
Signature
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)
(Department)
(Company)
(Street Address)
(City)
(State)
(Zip Code)
(_______)
(Telephone Number)
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)
(Department)
(Company)
(Street Address)
(City)
(State)
(Zip Code)
(_______)
(Telephone Number)
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.

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.
The installation of a physical barrier at the worksite to limit contact with pupils.
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
1.
2.
DEFINITIONS
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.)
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
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,
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.
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
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.
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.
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.
Surety is the person, firm, or corporation that executes as surety the Contractor’s Performance
Bond and Payment Bond.
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.
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 4333 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)
(2)
Issuance of an order of a court or other public authority having jurisdiction; or
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.
Contract for the following reasons:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
The District may terminate the Contractor and/or this
Persistently or repeatedly refuses or fails to supply enough properly skilled
workers or proper materials;
Persistently or repeatedly is absent, without excuse, from the job site;
Fails to make payment to subcontractors, suppliers, materialmen, etc;
Persistently disregards laws, ordinances, rules, regulations, or orders of a public
authority having jurisdiction;
Fails to provide a schedule or fails or refuses to update schedules required under
the Contract;
Becomes bankrupt or insolvent, including the filing of a general assignment for
the benefit of creditors;
If the Contractor has been debarred from performing work; or
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)
(2)
(3)
Take possession of the Project and of all material, equipment, tools, and
construction equipment and machinery thereon owned by the Contractor;
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
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)
(d)
(2)
Per occurrence (combined single limit)
Project Specific Aggregate (for this project only)
Products and Completed Operations (aggregate)
Personal and Advertising Injury Limit
$1,000,000.00
$1,000,000.00
$1,000,000.00
$1,000,000.00
Insurance Covering Special Hazards
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)
(b)
(c)
(d)
(3)
Automotive and truck where operated in amounts
Material Hoist where used in amounts
Explosion, Collapse and Underground (XCU) coverage
Hazardous materials
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 1001, 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 NonCompliance 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 NonCompliance (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)
(2)
(3)
When such costs are stipulated in the provisions of the Contract documents to be
borne by the Contractor;
When a material is tested or inspected and fails to meet the requirements of the
specifications and/or drawings;
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 Aor [email protected]
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)
(2)
(3)
(4)
(5)
(6)
Is equal in quality service ability to the Specified Item;
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 District;
Will require no excessive or more expensive maintenance, including adequacy
and availability of replacement parts; and
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.
B.
Baseline Schedule Requirements.
(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)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(viii)
(ix)
(x)
Specifications
Drawings
Clarifications (RFI’s)
Other relevant information
Analysis of claim merit.
Analysis of claim cost.
For claims relating to time extensions, an analysis and
supporting
documentation evidencing any effect upon the critical path.
Certification.
Chronology of events and related correspondence.
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
Material (attach itemized quantity and unit
cost plus sales tax)
________
________
(b)
Labor (attach itemized hours and rates)
________
________
(c)
Equipment (attach invoices)
________
________
(d)
Subtotal
________
________
(a)
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EXTRA
CREDIT
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).
________
________
(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
________
________
(j)
Bond not to exceed one percent (1%) of Item
(g)
________
________
(k)
TOTAL
________
________
(e)
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)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
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”;
The cost of defective work which Contractor has not remedied;
Liquidated damages assessed against Contractor;
Penalties for violation of labor laws;
The cost of materials ordered by the District pursuant to the Article 28 entitled
“MATERIALS AND WORK”;
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;
Site clean-up as provided in Article 32 entitled “CLEANING UP”;
Amount necessary to satisfy any and all liens against District. Contractor shall
provide release of all liens prior to final payment;
Damages to another Contractor;
Payments to indemnify, defend, or hold harmless the District;
Any payments due to the District including but not limited to payments for failed
tests, utilities or imperfections; or
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
Bryte Restroom Renovations
Washington Unified School District
005723.00003
13460668.1
General Conditions
Page 99
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.
Bryte Restroom Renovations
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13460668.1
General Conditions
Page 100
SUPPLEMENTARY GENERAL CONDITIONS
Project Name
Washington Unified School District
005723.00003
13460668.1
Supplementary General Conditions
Page 101
WASHINGTON
UNIFIED SCHOOL DISTRICT
Dayton Gilleland, EdD
Superintendent of Schools
Bryte Elementary School
Restroom Renovation
October 19, 2015
HIBSER YAMAUCHI
Architects, Inc.
300 27th Street, 2nd. 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
Section 09 97 23
Portland Cement Plaster
Gypsum Board
Fiber Reinforced Plastic Panels
Painting
Solvent Concrete Sealer
DIVISION 10 - SPECIALTIES
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Table of Contents
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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SECTION 02 41 19
MINOR DEMOLITION FOR REMODELING
PART 1 - GENERAL
1.1
1.2
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.
SUBMITTALS
A.
1.3
PROJECT RECORD DOCUMENTS
A.
1.4
Submit pre-demolition photographs showing conditions of all items to remain that
might be misconstrued as damaged by demolition operations. Submit before Work
begins.
Accurately record locations of capped utilities and new utilities serving the remodeled
area.
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.
1.5
SEQUENCING
A.
1.6
1.7
Conform to procedures applicable when hazardous or contaminated materials are
discovered.
Sequence Work
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.
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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3.2
3.3
3.4
3.5
3.6
C.
Execute pre-demolition photographs.
D.
Verify that hazardous waste remediation is complete.
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.
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.
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.
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.
DISPOSAL OF DEMOLISHED MATERIALS
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Section 02 41 19 Minor Demolition for Remodeling
3.7
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.
SCHEDULES
A.
Remove, store and protect the following materials and equipment for SHES:
1.
B.
Both cast stone columns and column capitals flanking the main building
entry.
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
1.2
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.
SUBMITTALS
A.
B.
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.
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
1.3
1.4
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.
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.
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:
E.
1.
Uncover work to provide for Architect’s observation of covered Work.
2.
Remove samples of installed materials for testing.
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.
3.2
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
mechanical/electrical Work.
of
Work
for
penetrations
of
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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Section 02 41 20 Cutting and Patching
3.3
3.4
3.5
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.
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.
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.
Provide 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.
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
SECTION 03 30 00
CAST-IN-PLACE CONCRETE
PART 1 - GENERAL
1.1
GENERAL REQUIREMENTS
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)
A. Metal Fabrications: Section 05 50 00.
1.4
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
and Materials
b. ACI 211.1
Standard Practice for Selecting Proportions for Normal,
Heavyweight, and Mass Concrete
c. ACI 301
Structural Concrete for Buildings
d. ACI 305R
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
Field
b. ASTM C 33
Concrete Aggregates
c. ASTM C 39
Compressive Strength of Cylindrical Concrete Specimens
d. ASTM C 94
Ready-Mixed Concrete
e. ASTM C 172
Sampling Freshly Mixed Concrete by the
Volumetric Method
f. ASTM C 192
Making and Curing Concrete Test Specimens in the
Laboratory
g. ASTM C 494
Chemical Admixtures for Concrete
h. ASTM C 618
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
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
2.2
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. 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.
3.2
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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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.
3.3
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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Section 03 30 00 Cast-in-place Concrete
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.
3.4
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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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.
3.5
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.
3.6
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.
3.7
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.
1.2
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.
RELATED SECTIONS
A.
1.3
All items of miscellaneous metal and related accessories and fasteners,
including but not necessarily limited to the following:
NOT USED
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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Section 05 50 00 Metal Fabrication
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
1.5
QUALITY ASSURANCE
A.
Welded Qualifications: Welders shall be qualified in accordance with AWS D1.1.
B.
Design Criteria:
Work shall be designed to support normally imposed loads and conform
to AISC requirements.
2.
Built-up parts shall not exhibit warp.
SUBMITTALS
A.
Manufacturer's literature describing products including details and dimensions.
B.
Shop Drawings:
C.
1.6
1.
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.
Samples: Only as requested by the Architect.
DELIVERY, STORAGE AND HANDLING
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1.7
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.
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.
B.
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.
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.
C.
2.2
Expansion Bolts: FS FF-S-325, Group II, Type 4. Same as Hilti's "KwikBolt II Concrete Anchors"; Wej-It Expansion Products, Inc.'s "Wej-It
Concrete Anchors"; or approved equal.
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.
SPECIALTY FABRICATED PRODUCTS
A.
B.
C.
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.
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.
Fastening:
1.
Provide fasteners and anchor assemblies required for complete
fabrication, field assembly, and erection.
2.
Conceal fastenings wherever practicable.
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D.
E.
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.
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.
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.
2.
3.
F.
c. Use beveled washers where bearing is on sloped surfaces.
Where necessary to use screws for permanent connections in ferrous
metal, use flat head type, countersink, fill screw slots, and finish smooth
and flush.
Evenly space exposed heads.
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.
2.3
Handrail Bracket for Pipe Railings: Fabricate according to details on Drawings.
FINISHES
A.
B.
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.
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:
Products Articles.
1.
Unless noted otherwise in Materials or Standard Catalog
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.
2.4
b. Where galvanizing is required, hot-dip galvanize according to ASTM
A153.
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.
3.2
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.
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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Section 05 50 00 Metal Fabrication
H.
3.3
Protect metal from damage to surface, profile and shape.
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.
1.2
REFERENCES
A.
1.3
1.4
All lumber framing, rough hardware and blocking as indicated.
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.
SUBMITTALS
A.
Shop Drawings of all specially fabricated rough hardware.
B.
Certificates of compliance with standards specified.
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:
Douglas Fir.
2.
Lumber (Wood Framing):
grades.
Item
Studs
Plates
Beams
Joists
Posts
Blocking
3.
B.
Foundation grade Redwood or pressure-treated
Meet requirements of following minimum
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
Plywood: Provide thickness, grade, and panel identification index shown
on Drawings.
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.
2.2
2.3
Miscellaneous Hardware: Provide all common screws, bolts, fastenings,
washers and nuts required to complete rough carpentry Work.
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.
FABRICATION
A.
B.
C.
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.
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.
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.
3.2
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.
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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3.3
3.4
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.
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.
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 06 10 00 Rough Carpentry
SECTION 07 84 00
FIRESTOPPING
PART 1 - GENERAL
1.1
1.2
1.3
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.
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.
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.
B.
1.5
Penetrations larger than 4 inch nominal pipe size or 16 square inches in
overall cross-sectional area.
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.
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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1.6
1.7
1.8
1.9
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.
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.
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.
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.
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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Section 07 84 00 Firestopping
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
2.2
2.3
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.
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.
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.
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.
H.
2.4
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.
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.
Provide primers as required which conform to manufacturer’s recommendations for
various substrates and conditions.
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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Section 07 84 00 Firestopping
3.2
3.3
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.
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.
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.
3.4
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.
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.
I.
3.5
3.6
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.
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.
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.
CLEANING
A.
Clean Work under provisions of Section 01 70 00.
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Section 07 84 00 Firestopping
B.
3.7
3.8
Clean adjacent surfaces of firestopping materials.
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.
SCHEDULE
Location
UL No.
F-Rating
Stud wall, metallic pipe, and conduit.
[_______]
[__1__] hour
Stud wall, non-metallic pipe, and conduit.
[_______]
[__1__] hour
END OF SECTION
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SECTION 07 92 00
JOINT SEALERS
PART 1 - GENERAL
1.1
1.2
SECTION INCLUDES
A.
Preparing sealant substrate surfaces.
B.
Sealant and backing.
SUMMARY OF SEALANT LOCATIONS
A.
B.
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.
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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Section 07 92 00 Joint Sealers
1.3
1.4
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.
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.
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 LowEmitting Materials Product List or by a 3rd 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
1.6
1.7
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.
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.
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
2.2
MANUFACTURERS
A.
Manufacturers and products are listed for each sealant type.
B.
Substitutions: Under provisions of Section 01 62 00.
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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Section 07 92 00 Joint Sealers
3.
B.
C.
D.
E.
F.
Pecora Corporation, “AC-20”.
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”.
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”.
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”.
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.
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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G.
2.3
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”.
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”.
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.
3.2
Beginning of installation means installer accepts existing substrate.
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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Section 07 92 00 Joint Sealers
3.3
3.4
3.5
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.
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.
PROTECTION OF FINISHED WORK
A.
3.6
Protect sealants until cured.
SCHEDULE
Type
Location
Color
Type A - Acrylic
Latex Cure
All interior joints not otherwise
scheduled
To match adjacent
surfaces
Type B - Butyl
Under thresholds
Black
Type C - OnePart Nonacid
Curing Silicone
Exterior door, entrance &
window frames and metal
flashing.
to match adjacent
material
Type D - NeutralCuring Silicone
Joints within skylight framing
system, aluminum entrance
system glass and glazing
Translucent
Type E - MildewResistant
Silicone
Interior joints in ceramic tile and
at plumbing fixtures
Almond
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Type
Location
Color
Type F - Multipart Pourable
Urethane
Exterior joints in horizontal
surfaces of concrete; between
metal & concrete masonry and
mortar
To match adjacent
material
Type G Acoustical
Sealant
In sound rated walls between
stud track/runner and adjacent
construction. Between outlet
boxes and gypsum board.
White
END OF SECTION
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Section 07 92 00 Joint Sealers
SECTION 08 11 13
STANDARD STEEL DOORS AND FRAMES
PART 1 - GENERAL
1.1
1.2
1.3
1.4
SECTION INCLUDES
A.
Non-rated and fire rated rolled steel frames and doors and panels, where indicated.
B.
Interior light frames.
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.
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
REGULATORY REQUIREMENTS
A.
1.5
Conform to requirements in the CBC for fire rated frames and doors.
SUBMITTALS
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Section 08 11 13 Standard Steel Doors and Frames
1.6
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.
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
2.2
2.3
ACCEPTABLE MANUFACTURERS
A.
Amweld Building Products, Inc.
B.
Ceco Door Products.
C.
Steelcraft.
D.
Substitutions: Under provisions of Section 01 62 00.
[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.
DOOR CORE
A.
2.4
Exterior Core: Polystyrene insulation.
ACCESSORIES
A.
Rubber Silencers: Resilient rubber as specified in Section 08 71 00.
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B.
2.5
2.6
2.7
Glazing Stops: Rolled steel channel shape, mitered corners; prepared for
countersink style tamperproof screws at door installations, square butt at light
frames.
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.
PROTECTIVE COATINGS
A.
Bituminous Coating: Fibered asphalt emulsion.
B.
Primer: Zinc-chromate type.
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.
2.8
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.
MANUFACTURING TOLERANCE
A.
2.9
Manufacturing tolerance shall be maintained within the following limits:
Frame width
±1/16 inch -1/32 inch
Frame height
±3/64 inch
Frame face
±1/32 inch
Frame stop
±1/32 inch
Frame rabbet
±1/64 inch
Frame depth
±1/32 inch
Frame throat
±1/16 inch
Door width and height
±3/64 inch
Door thickness
±1/16 inch
Hardware location
±1/32 inch
Door flatness
±1/16 inch
FINISH
A.
Primer: Air-dried or baked-on.
B.
Finish: Site paint as specified in Section 09 91 00.
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Section 08 11 13 Standard Steel Doors and Frames
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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.
J.
Primed or painted surfaces which are scratched or marred shall be touched up.
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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Section 08 11 13 Standard Steel Doors and Frames
3.2
INSTALLATION TOLERANCES
A.
B.
Edge clearance for swinging doors shall not exceed the following:
Between door and frame at head and jamb
1/8 inch
Between edge of pair of doors
1/8 inch
At door sill with threshold. (From bottom of door to top of
threshold)
3/8 inch
At door sill with no threshold
3/4 inch
At door bottom and nominal floor covering per NFPA 80
5/8 inch
Frame installation tolerance shall not exceed the following:
Squareness
±1/16 inch
Alignment
±1/16 inch
Plumbness
±1/16 inch
Diagonal Distortion
±1/32 inch
END OF SECTION
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Section 08 11 13 Standard Steel Doors and Frames
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SECTION 08 71 00
DOOR HARWARE
PART 1 - GENERAL
1.1
1.2
1.3
SECTION INCLUDES
A.
Hardware for doors.
B.
Thresholds.
C.
Gasketing.
D.
Keying and key cabinet.
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.
COORDINATION
A.
1.4
Coordinate work of this Section with other directly affected Sections involving
manufacturer of any internal reinforcement for door hardware.
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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Section 08 71 00 Door Hardware
D.
1.5
Hardware Supplier Personnel: Employ an Architectural Hardware Consultant (AHC)
to assist in the Work of this Section.
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.
1.6
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.
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.
1.7
1.8
1.9
Furnish hardware templates to each fabricator of doors, frames, and other Work to
be factory-prepared for the installation of hardware.
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.
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.
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
Ives (IVE)
Acceptable Substitute
A.
Piano Hinges
B.
C.
Continuous Hinges
Locks
Ives (IVE)
Schlage (SCH)
Roton, Markar
District Standard – NO Substitutions
D.
E.
Deadbolts
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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Section 08 71 00 Door Hardware
2.2
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
Telkee
Lund, Key Systems
MATERIALS
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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2.3
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 11B404.2.7, 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.
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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Section 08 71 00 Door Hardware
2.4
2.5
2.6
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.
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.
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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2.7
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.
FASTENERS
A.
B.
C.
2.8
Screws for strikes, face plates and similar items shall be flathead, countersunk type;
provide machine screws for metal and standard wood screws for wood.
Screws for butt hinges shall be flathead, countersunk, full-thread type.
D.
Fastening of closer bases or closer shoes to doors shall be by means of sex bolts
and spray painted to match closer finish.
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.
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
3.2
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.
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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Section 08 71 00 Door Hardware
3.3
3.4
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.
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.
HARDWARE LOCATIONS
A.
B.
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.
Lock: 38 inches from bottom of door to center of lever or knob.
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3.5
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.
FIELD QUALITY CONTROL
A.
3.6
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.
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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Section 08 71 00 Door Hardware
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
LV9486BDxL583-375 w/ occupied indicator
1
Ea Core
80-329
1
Ea Closer
LCN 4111
626
626
VD
SCH
END OF SECTION
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SECTION 09 24 00
PORTLAND CEMENT PLASTER
PART 1 - GENERAL
1.1
1.2
1.3
SECTION INCLUDES
A.
Portland cement plaster system.
B.
Application over existing plaster finish.
C.
Cutting and patching.
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.
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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Section 09 24 00 Portland Cement Plaster
lathing and accessories installation. Provide to Architect a written report of the
results of the inspection.
C.
1.4
1.5
1.6
1.7
1.8
Lath and related accessories shall provide proper, secure base and reinforcement
for plaster systems. Plaster base coats shall provide suitable base for finish coat.
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.
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.
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.
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.
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.
B.
Lathing Materials:
1.
Western Metal Lath Division.
2.
Amico-West.
3.
CEMCO.
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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Section 09 24 00 Portland Cement Plaster
2.2
2.3
2.4
2.5
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.
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.
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.
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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2.6
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.
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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Section 09 24 00 Portland Cement Plaster
2.7
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.
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
3.2
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.
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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3.3
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.
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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Section 09 24 00 Portland Cement Plaster
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.
3.4
3.5
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.
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.
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.
3.6
FINISH COAT TEXTURE
A.
3.7
3.9
To match existing adjacent surface.
TOLERANCES
A.
3.8
Moist cure finish coat for minimum period of 48 hours only when strong dry wind
conditions exist.
Maximum Variation from True Flatness: 1/8 inch in 10 feet.
CLEANING
A.
Remove protective maskings.
B.
Remove any overspray from surrounding materials.
C.
Clean adjacent affected surfaces.
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 24 00 Portland Cement Plaster
SECTION 09 29 00
GYPSUM BOARD
PART 1 - GENERAL
1.1
1.2
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.
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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Section 09 29 00 Gypsum Board
1.3
N.
GA 600 - Fire Resistance Design Manual.
O.
CBC – California Building Code.
P.
UL - Underwriters Laboratories.
QUALITY ASSURANCE
A.
1.4
REGULATORY REQUIREMENTS
A.
1.5
1.8
Acoustical attenuation for interior partitions, where indicated, shall be STC rating in
accordance with ASTM E90.
DEFINITIONS
A.
1.7
Conform to CBC, Chapter 7, and UL and GA requirements for fire-rated assemblies.
ACOUSTICAL PERFORMANCE
A.
1.6
Applicator: Company specializing in gypsum board systems, with five years
documented experience.
Refer to ASTM C11 for definitions of terms related to gypsum board assemblies.
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.
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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Section 09 29 00 Gypsum Board
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be either identified on the CHPS Low-Emitting Materials Product List or by a
3rd 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
2.2
2.3
2.4
ACCEPTABLE MANUFACTURERS
A.
Georgia Pacific Corp.
B.
National Gypsum Company.
C.
United States Gypsum Co.
D.
Substitutions: Under provisions of Section 01 62 00.
FRAMING MATERIALS
A.
See Section 06 10 00 Rough Carpentry.
B.
Fasteners: ASTM C514.
C.
Adhesive: ASTM C557.
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.
ACCESSORIES
A.
B.
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.
Fire-Rated Sealant: As specified in Section 07 84 00.
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Page 3 of 7
Section 09 29 00 Gypsum Board
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
3.2
INSPECTION
A.
Verify that site conditions are ready to receive Work.
B.
Beginning of installation means acceptance of substrate.
ACOUSTICAL ACCESSORIES INSTALLATION
A.
3.3
3.4
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.
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.
MEMBRANE INSTALLATION
A.
Install membrane over wall studding where moisture resistant gypsum board is to be
installed.
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Section 09 29 00 Gypsum Board
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B.
3.5
3.6
3.7
Install membrane over substrate; weatherlap horizontal edges 4 inches, vertical
edges 6 inches.
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.
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.
JOINT TREATMENT
A.
Tape, fill, and sand joints, edges, and corners in accordance with GA-214.
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Section 09 29 00 Gypsum Board
3.8
3.9
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.
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.
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
Typical Surfaces
(Classrooms,
corridors,
office/work areas)
5/8", Type X
Match existing
Wet Areas
5/8", Type MR
Level 5
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Section 09 29 00 Gypsum Board
Notes
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Fire-Rated
Underlayment
B.
5/8" Type X
Tape joints only
Use only in
conjunction
with a finish
surface overlay
system.
New Construction: Note: New construction may be over wood or metal frame
construction.
Room Type
Wallboard
System
Finish Type
Notes
Typical Surfaces
(Classrooms,
corridors,
office/work areas)
5/8", Type X
Level 5
All surfaces
Accent
surfaces only,
such as Soffits.
Wet Areas
5/8", Type MR
Level 5 or
coordinate with final
surface
Coordinate
finish with final
surface
treatment
Fire-Rated
Underlayment
5/8" Type
Tape joints only
Use only in
conjunction
with a finish
surface overlay
system
END OF SECTION
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Section 09 29 00 Gypsum Board
SECTION 09 53 33
FIBER REINFORCED PLASTIC PANELS
PART 1 - GENERAL
1.1
1.2
SECTION INCLUDES
A.
Fiberglass reinforced plastic (FRP) panels.
B.
Panel moldings.
C.
Adhesives.
REFERENCES
A.
1.3
1.4
1.5
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.
OPERATION AND MAINTENANCE DATA
A.
Include data for cleaning and stain removal.
B.
Include manufacturer's recommendations for cleaning materials, polishes, and
waxes.
REGULATORY REQUIREMENTS
A.
1.6
Provide products having flame/smoke-developed rating of 25/450 when tested in
accordance with ASTM E84.
DELIVERY, STORAGE, AND HANDLING
A.
1.7
ASTM E84 - Surface Burning Characteristics of Building Materials.
Deliver, store, and protect products at site
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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Page 1 of 3
Section 09 53 33 Fiber Reinforced Plastic Panels
PART 2 - PRODUCTS
2.1
MANUFACTURERS
A.
2.2
2.3
Marlite, (310) 944-0157 or approved equal.
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.
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
3.2
3.3
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.
PREPARATION
A.
Clean substrate surfaces.
B.
Protect elements of work adjacent to Work of this Section from damage or
disfiguration.
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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Section 09 53 33 Fiber Reinforced Plastic Panels
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3.4
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.
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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Page 3 of 3
Section 09 53 33 Fiber Reinforced Plastic Panels
SECTION 09 91 00
PAINTING
PART 1 - GENERAL
1.1
1.2
1.3
1.4
SECTION INCLUDES
A.
Surface preparation.
B.
Products and application.
C.
Surface finish schedule.
D.
Patch to match existing.
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.
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.
DEFINITIONS
A.
1.5
Conform to ASTM D16 for interpretation of terms used in this Section.
QUALITY ASSURANCE
A.
Product Manufacturer: Company specializing in manufacturing quality paint and
finish products with five years experience.
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Page 1 of 13
Section 09 91 00 Painting
1.6
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.
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.
1.7
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 LowEmitting Materials Product List or by a 3rd party certification program listing
low-emitting material products that meet the State testing requirements, as
identified on the CHPS website.
FIELD SAMPLES
A.
Provide field samples under provisions of Section 01 33 00.
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1.8
1.9
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.
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.
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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Section 09 91 00 Painting
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
2.2
ACCEPTABLE MANUFACTURERS
A.
Unless specifically identified otherwise, product designations are those of the DunnEdwards 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.
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.
Page 4 of 13
Section 09 91 00 Painting
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 LowEmitting Materials Product List or by a 3rd 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:
D.
3.2
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.
Beginning of installation means acceptance of existing surfaces.
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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Section 09 91 00 Painting
3.3
3.4
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.
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.
WORK NOT TO BE PAINTED
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3.5
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.
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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Section 09 91 00 Painting
3.6
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.
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.
Do not paint moving parts of operating units; mechanical or electrical parts such as
valve operators; linkages; sensing devices; and motor shafts.
I.
3.7
3.8
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.
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.
PROTECTION OF COMPLETED WORK
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3.9
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.
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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Section 09 91 00 Painting
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:
W708 EZ Prime
2nd coat:
W701V Evershield
3rd coat:
W701V Evershield
2. Wood-Painted (Semi-Gloss Acrylic)
1st coat:
W708 EZ Prime
2nd coat:
W901V Permasheen
3rd coat:
W901V Permasheen
3. Wood-Painted (Gloss Alkyd)
1st coat:
W708 EZ Prime
2nd coat:
W960V Permagloss
3rd coat:
W960V Permagloss
4. Wood - Semi-Transparent
1st coat:
WPT3 "OKON Weatherpro"
5. Wood- Transparent
6. Concrete (Flat Acrylic) - Exposed concrete indicated on drawings to be
painted
1st coat:
W709 Eff-Stop
2nd coat:
W701V Evershield
3rd coat:
W701V Evershield
7. Cement Plaster (Flat Acrylic)
1st coat:
W709 Eff-Stop
2nd coat:
W701V Evershield
3rd coat:
W701V Evershield
8. Steel-Primed or Unprimed (Flat Acrylic)
1st coat:
43-5 Corrobar
2nd coat:
W-701V Evershield
rd
3 coat:
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Section 09 91 00 Painting
W-701V Evershield
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9. Steel-Primed or Unprimed (Semi-Gloss Acrylic)
1st coat:
43-5 Corrobar
2nd coat:
W901V Permasheen
3rd coat:
W901V Permasheen
10. Steel-Galvanized (Flat Acrylic)
1st coat:
GE 123 Galva Etch, Etching Liquid
2nd coat:
43-7 Galv-Alum
3rd coat:
W701V Evershield
4th coat
W701V Evershield
11. Steel-Galvanized (Semi-Gloss - Acrylic)
1st coat:
GE 123 Galva Etch, Etching Liquid
2nd coat:
43-7 Galv-Alum
3rd coat:
W901V Permasheen
4th coat
W901V Permasheen
12. Steel-Galvanized (Gloss - Alkyd)
1st coat:
GE 123 Galva Etch, Etching Liquid
2nd coat:
43-7 Galv-Alum
3rd coat:
10 Syn-Lustro
4th coat
10 Syn-Lustro
3.13 SCHEDULE - INTERIOR SURFACES
A.
The following paint systems shall be used:
1. Wood-Painted (Semi-Gloss Alkyd) - Wood Trim
1st coat:
W707 Unikote
2nd coat:
W901V Permasheen
3rd coat:
W901V Permasheen
2. Wood-Painted (Gloss Alkyd)
1st coat:
W707 Unikote
2nd coat:
W960V Permagloss
3rd coat:
W960V Permagloss
4. Wood - Transparent (Stain - Semi-Gloss Varnish)
1st coat:
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V-QYB Series Stainseal
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Section 09 91 00 Painting
Filler coat (Open grain
wood only):
Jasco Paste Wood Filler
2nd coat:
MC80-2025 McCloskey
3rd coat:
MC80-6702 McCloskey
4th coat:
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:
V-NRF1626 LUSTER-LAC (Lacquer)
4th coat:
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:
9 Syn-Lustro Semi-Gloss
3rd coat:
9 Syn-Lustro Semi-Gloss
14. Steel - Primed or Unprimed (Gloss-Alkyd)
1st coat:
43-5 Corrobar (or touch up)
2nd coat:
10 Syn-Lustro Gloss
3rd coat:
10 Syn-Lustro Gloss
18. Gypsum Board (Flat - Latex)
1st coat:
W101V PVA
2nd coat:
W401V Decovel
3rd coat:
W401V Decovel
19. Gypsum Board (Eggshell-Acrylic) - Gypsum Board Walls and Ceilings
1st coat:
W101V PVA
2nd coat:
W440V Decosheen
3rd coat:
W440V Decosheen
20. Gypsum Board (Semi-Gloss -Acrylic) - Kitchenette areas; all Interior Wood
Trim
1st coat:
W101V PVA
2nd coat:
W901V Permasheen
3rd coat:
W901V Permasheen
21. Gypsum Board (Gloss -Acrylic)
1st coat:
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Section 09 91 00 Painting
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2nd coat:
W960V Permagloss
3rd coat:
W960V Permagloss
22. Gypsum Board (Gloss -Epoxy)
1st coat:
W102 Proseal
2nd coat:
9100 Series RUSTOLEUM
3rd coat:
9100 Series RUSTOLEUM
END OF SECTION
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Section 09 91 00 Painting
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.
1.2
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.
1.3
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.
1.4
DELIVERY, STORAGE AND HANDLING
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.
2.
3.
Sealer with Gloss Finish: CCI GemKote 100, with 100 g/L VOC.
Sealer with Gloss Finish: CCI GemKote 350, with 350 g/L VOC.
Sealer with Gloss Finish: CCI GemKote 400, with 400 g/L VOC.
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Section 09 97 23 Concrete Sealers
4.
5.
6.
7.
8.
9.
Sealer with Gloss Finish: CCI SuperSeal 2000, with 600 g/L VOC.
Sealer with Matte Finish: CCI GemKote 100-M, with 100 g/L VOC.
Sealer with Matte Finish: CCI GemKote 350-M, with 350 g/L VOC.
Sealer with Matte Finish: CCI GemKote 400-M, with 400 g/L VOC.
Sealer with Matte Finish: CCI SuperSeal 2000-M, with 600 g/L VOC.
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
A.
PREPARATION
Inspection: Prior to start of application, inspect existing conditions to ensure surfaces
are suitable for installation including the following:
1.
2.
3.
4.
3.2
A.
APPLICATION
Concrete Sealer: Strictly comply with manufacturer’s installation recommendations
including the following.
1.
2.
3.
3.3
A.
Concrete has cured for a minimum of 28 days prior to application of sealer.
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.
Concrete has been swept clean.
Test area has been approved.
Apply after stain has dried at rate recommended by manufacturer.
Clean surface as recommended by manufacturer.
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.
CLEANING AND PROTECTION
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 09 97 23 Concrete Sealers
SECTION 10 14 00
SIGNAGE
PART 1 - GENERAL
1.1
SECTION INCLUDES
A.
1.2
SUBMITTALS
A.
Submit
B.
Shop Drawings: Submit dimensioned elevations of each sign configuration.
C.
D.
E.
1.3
Door and wall signage.
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.
Product Data:
1.
Manufacturer's current published specifications.
2.
Manufacturer's installation instructions.
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.
Closeout: Manufacturer's warranty.
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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Section 10 14 00 Signage
B.
1.4
REGULATORY REQUIREMENTS
A.
1.5
1.6
Conform to C.C.R., Title 24, Part 2, Chapter 11, ADA Accessibility Guidelines
(ADAAG), and American Disability Act (ADA) for accessibility requirements.
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.
SCHEDULING
A.
1.7
Do not install adhesive tape mounted signs when ambient temperature is below 70
degrees Fahrenheit. Maintain this temperature during and after installation of signs.
Do not install signs until walls and/or doors have received final finish.
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.
2.2
Subject to compliance with requirements specified herein.
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.
2.8
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.
FABRICATION
A.
B.
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.
Tactile Graphics and Text:
1.
Conform to C.B.C. Title 24, Chapter 11, Section 11B-703.
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Section 10 14 00 Signage
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 5/8inch (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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3.2
A.
Verify that substrate surfaces to receive units are true and plumb.
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.
INSTALLATION
A.
3.3
Correct
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.
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 14 00 Signage
SECTION 10 28 00
TOILET ACCESSORIES
PART 1 - GENERAL
1.1
1.2
1.3
1.4
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.
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.
SUBMITTALS
A.
Provide Product Data on accessories, describing size, finish, details of function,
attachment methods.
B.
Submit manufacturer's installation instructions.
KEYING
A.
Supply two keys for each accessory to Owner.
3/10/2015
Bryte Elementary School Restroom Renovations, WUSD
HY ARCHITECTS
Page 1 of 4
Section 10 28 00 Toilet Accessories
B.
1.5
REGULATORY REQUIREMENTS
A.
1.6
Master key all accessories.
Conform to CCR, Title 24, Part 2, and ADAAG for access for the handicapped.
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
2.2
2.3
MANUFACTURERS
A.
Bobrick Washroom Equipment, Inc.
B.
American Specialties, Inc. (ASI).
C.
Bradley Corporation.
D.
Xlerator
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.
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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Section 10 28 00 Toilet Accessories
3/10/2015
Bryte Elementary School Restroom Renovations, WUSD
HY ARCHITECTS
2.4
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.
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
3.2
3.3
3.4
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.
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.
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.
SCHEDULE
A.
Model numbers refer to Bobrick products, as a standard of quality and performance.
3/10/2015
Bryte Elementary School Restroom Renovations, WUSD
HY ARCHITECTS
Page 3 of 4
Section 10 28 00 Toilet Accessories
Model No.
Power
Remark
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
B-166 2436
Description
-
END OF SECTION
Page 4 of 4
Section 10 28 00 Toilet Accessories
3/10/2015
Bryte Elementary School Restroom Renovations, WUSD
HY ARCHITECTS
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