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BUSINESS DEPARTMENT – Facilities Development & Planning Office of the Executive Director 2425 Webster Avenue, Long Beach, CA 90810 (562) 997-7550 Fax (562) 595-8644

REQUEST FOR STATEMENT OF QUALIFICATIONS #1718/00 FOR

HAZARDOUS MATERIAL SURVEYING, TESTING, ABATEMENT PLAN PREPARATION AND MONITORING CONSULTING SERVICES

FOR VARIOUS FACILITIES IMPROVEMENT PROJECTS

October 26th, 2017

1. REQUEST FOR QUALIFICATIONS 1.1. Purpose The Long Beach Unified School District (“District”) is requesting submission of statements of qualifications (“SOQ(s)”) from qualified firms, partnerships, corporations, associations, persons, or professional organizations (“Firm(s)”) to perform hazardous material consulting services (“Services”) for projects within the District’s current construction and future bond program, plus other projects or services as directed by the District. 1.2. Request for Qualifications It is the District’s intent to select from the pool of Pre-qualified Hazardous Materials Consultants to provide Services for various facilities improvement projects. The District, on an “as-needed” basis, will issue Requests for Proposals (“RFP”) to one or more Pre-qualified Hazardous Materials Consultants. Proposals shall describe how each Hazardous Materials Consultant is qualified for the project that is the subject of the Proposal, and shall set forth a detailed scope of services, schedule, staffing assignments, and a fee proposal for the Services to be performed. The District will evaluate, select, and allocate work to a Pre-qualified Hazardous Materials Consultant without having to request and evaluate additional information as to the Hazardous Materials Consultant’s qualifications. Pre-qualified Hazardous Materials Consultants are in no way guaranteed to receive any work from the District. 1.3 Questions If you have any questions regarding this RFQ, please submit them in writing using the form provided as Exhibit A – Request for Clarification by electronic mail to Christy Wong at [email protected] no later than Tuesday, November 7th, at 2:00 PM. Please do not contact any other person with inquiries regarding this RFQ. Responses to all questions received prior to the question deadline will be posted by Monday, November 13th, 2017 at 2:00 PM on the District website (http://lbschoolbonds.net). 1.4. Submission If your firm is interested in performing Services on behalf of the District, please submit a detailed SOQ in accordance with the submittal requirements. Please submit one (1) original and four (4) hardcopies of the SOQ including one electronic version of the SOQ in PDF format on a flash drive or CD. The electronic version of the SOQ must be submitted in the form of one single PDF file. Deliver the SOQ to:

mailto:[email protected]

http://lbschoolbonds.net/

RFQ #1718/00 Hazardous Material Consulting Services 2

Long Beach Unified School District Facilities Development & Planning Branch Attn: Christy Wong, Facilities Assistant Project Manager 2425 Webster Avenue Long Beach, CA 90810

1.5 Response Deadline The deadline for receipt of all materials responsive to this RFQ is Thursday, November 16th, 2017 at 2:00PM (“Response Deadline”). Note that Statements of Qualifications (“SOQ”) delivered after the Response Deadline may not be considered. 1.6 Selection Schedule RFQ Issue Date: October 26th, 2017 Deadline for Questions: November 7th, 2017 Response to Questions: November 13th, 2017 SOQ Due: November 16th, 2017 Anticipated Board Approval Date: January 17th, 2018 2. SCOPE OF SERVICES 2.1. Facility Master Plan On January 22, 2008, the Long Beach Unified School District Board adopted a Facility Master Plan with the intent to implement school facility projects over the next 20 to 25 years. On November 4, 2008 voters overwhelmingly approved Measure K, a $1.2 billion Classroom Repair, Student Safety Bond. On June 6, 2016, the Long Beach Unified School District Board adopted the Facility Master Plan Update 2016 to update the list of projects that had been completed and review the goal and objectives of the original Facility Master Plan. On November 8, 2016, voter overwhelmingly approved Measure E, a $1.5 billion Repair and Safety Bond. Information regarding the District’s school bond program is available on the District website at http://lbschoolbonds.net . In executing its projects, the District is required to meet State and local regulatory requirements and, in some cases, critical deadlines for State funding and school openings. All Hazardous Materials Consultants submitting a response to this RFQ should be extremely knowledgeable of all Code requirements and standards applicable to District projects and Services to be provided, and are expected to provide work products in a timely manner that will enable the District to comply with State and local requirements. 2.2. Scope of Services The District is seeking Hazardous Materials Consultants to provide Services for various facilities improvement projects relative to the implementation of the Facility Master Plan (“FMP”) and ongoing school bond program, including but not limited to new construction, renovation, reconstruction projects, program-wide projects, infrastructure projects and/or maintenance projects. Please refer to the Scope of Services described in Exhibit B – Scope of Services. 2.3. Deadlines Each Hazardous Materials Consultant must be prepared and equipped to provide Services in a timely manner and on relatively short notice to allow the District to meet critical, and at times unpredictable, time deadlines and schedules.

http://lbschoolbonds.net/


2.4. Compliance with Applicable Laws Consultant’s proposal must set forth Consultant’s understanding of all applicable Health and Safety laws, guidelines, and requirements including Cal/OSHA Title 8, CCR Title 8 Section 1532.1 (Lead), CCR Title 8 Section 1529 (Asbestos), California Department of Public Health Title 17, the Environmental Protection Agency, the South Coast Air Quality Management District (SCAQMD), the Education Code, the California Department of Education, the Department of Toxic Substances Control, the California Division of the State Architect regulations, the National Emission Standards for Hazardous Air Pollutants, the Asbestos Hazard Emergency Response Act, the District’s Asbestos and Lead Specifications and local ordinances and/or other applicable regulations, relative to the work to be undertaken as well as Consultant’s ability to comply with the same and the methodology by which Consultants will do so. Consultant proposals must confirm that the nature of the Work to be performed will meet all the aforementioned requirements for said Work as set by the applicable codes and regulations and all other applicable ordinances and guidelines. 2.5. Working Conditions Each Hazardous Materials Consultant shall be capable of working indoors and outdoors, as required, in all weather and site conditions including, but not limited to, rain, dirt, mud, and ice. The Hazardous Materials Consultant’s activities may require kneeling, bending, climbing ladders, stepping over trenches, etc. The Hazardous Materials Consultant shall comply with all District and safety requirements. 3. STATEMENT OF QUALIFICATIONS 3.1. Response Format A Hazardous Materials Consultant’s response shall not exceed fifteen (15) 8½ x 11 one-sided pages, excluding resumes, brochures, organization charts, and exhibits. Each copy of the SOQ must be spiral bound, tabbed and organized in the order listed in this section beginning with 3.2, and shall include all of the following sections and information as stated in this RFQ. Section 3.11, 3.12, 3.13, and 3.14 will not be included in the page count. 3.2. Letter of Interest A dated Letter of Interest must be submitted with the legal name of the Firm(s), address, telephone, and fax number. Include the name, title, and signature of the person(s) authorized to submit the SOQ on behalf of the Firm. Include the name, telephone number and email address of the primary point of contact for the SOQ. The Letter of Interest should provide a brief statement of Firm’s experience indicating the unique background and qualities of the Firm, its personnel, and its sub-consultants, and what will make the Firm a good fit for work in the District. 3.3. Table of Contents Provide a table of contents of the material contained in the SOQ following the letter of interest. 3.4. Firm Information Provide a brief synopsis of the firm’s corporate structure and history. Identify legal form, ownership and senior officials. Describe the number of years in business and types of business conducted. Provide the location of Hazardous Materials Consultant’s headquarters including the address and contact information for the local contact office. Also, please include your firm’s philosophy with regard to approach and experience related to Services outlined in the RFQ and the unique challenges of the District’s educational program requirements. 3.5. Litigation Provide a statement of ALL claim(s) filed against Firm in the past five (5) years. Briefly indicate the


nature of the claim and the resolution, if any, of the claim(s). Describe any litigation or threatened litigation against your firm or its owners that may affect your performance or completion of this proposed program. In addition, complete and provide Exhibit C – Firm Information Questionnaire. 3.6. Firm Experience Provide a summary of your firm’s relevant expertise and experience in hazardous material services, especially as it relates to school sites and facilities. What differentiates your services from other providers? Provide a proposed work plan for assisting the District. This may include providing a proposal based upon the scope of services outlined within this SOQ and any alternative scope of work that the Hazardous Materials Consultant may recommend as appropriate based upon its experience and expertise. 3.7. Project Experience Provide a minimum of five (5) California K-12 DSA-certified school projects that your firm has completed within the last five (5) years, which demonstrate experience with Services similar to those listed in this RFQ. These projects should demonstrate as much as possible your firm’s experience in a range of California K-12 school projects. Describe the following topics related to each project in a narrative.

Project name, location and School District name

School type (elementary, middle, K8, high)

Project type (modernization, renovation, addition, new construction, access compliance, planning)

Scope of work provided, any changes to the scope during the project

Issues and how they were resolved

3.8. Firm Projects Provide a list of all California K-12 school district (LBUSD or other) projects your firm has completed within the last five (5) years. For each project, include the following:

Project name and location

School District name

Contact person name

Total project cost

School type (elementary, middle, K8, high)

Project type (modernization, renovation, addition, new construction, access compliance, planning)

Project start and end dates

Scope of work provided

Please include any “on-call” contracts that may not be project-specific. 3.9. Project Team Please identify your firm’s proposed team, key personnel and staff members and their specific expertise and experience in hazardous material consulting services, especially as it relates to K-12 school projects. Include an organizational chart for the proposed staff and indicate who will be the District’s contact person for your firm. Provide team member resumes with the names and detailed experience of key personnel who will be available, knowledgeable, and regularly working with the District. In addition, list all professional registration certification and/or license designations and numbers that are currently active in the State of California. Do not list any inactive registration and/or license designations. All licensed professionals responsible for proposed Services must be directly employed by the responding Hazardous Materials Consultant and not employed as Sub-Consultants.


3.10. Dispute Resolution Provide narrative explaining the firm’s dispute resolution procedures. 3.11. License Provide copies of all certificates and other licenses/certifications relating to this RFQ for Project Team members. 3.12. Billing Rates Provide billing rates for all personnel and categories of employees as well as any overhead or other special charges. If applicable, Hazardous Materials Consultant should provide estimates for certain standardized components of the Services. Provide Hazardous Materials Consultant’s typical fee schedule as applicable, as well as any fees or services that may be needed. Please use Exhibit D – Billing Rates Form. Hazardous Materials Consultant shall propose all-inclusive hourly fees for all proposed Services. Hazardous Materials Consultant’s proposed rates should include and account for all direct labor costs, fringe benefits, insurance, overhead, profit, and all other expenses the Hazardous Materials Consultant will incur in providing Services. All proposed reimbursable expenses shall be directly related to the services required for the Project and must be supported by proper documentation and prior District authorization. Reimbursement shall not exceed cost plus 5%. All other services not included herein shall be negotiable as required. 3.13. Certification Hazardous Materials Consultants shall certify that they have received the RFQ, read the instructions and submitted a Statement of Qualifications with the proper authorizations. Hazardous Materials Consultant shall complete Exhibit E - Certification and submit it with the SOQ. Do not provide this form for Sub-Consultants. 3.14. Non-Conflict of Interest Hazardous Materials Consultants shall certify that they shall perform Services as an independent contractor and not as an officer, agent or employee of the District. Hazardous Materials Consultant shall complete Exhibit F - Statement of Non-Conflict of Interest, and submit it with the SOQ. Do not provide this form for Sub-Consultants. 4. CONTRACT REQUIREMENTS 4.1. Standard Agreement Hazardous Materials Consultant should be prepared to comply with the District’s contract requirements as detailed in Exhibit G- Agreement for Hazardous Material Consulting Services. 4.2. Prevailing Wages Construction Mangers are advised that all projects are a public work for purposes of the California Labor Code, which requires payment of prevailing wages in effect at the time the contract is signed. District will obtain 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. Any Hazardous Materials Consultant to which a contract is awarded must pay the prevailing rates, post copies thereof at the job site, comply with the District’s Labor Compliance Program policy, and otherwise comply with all applicable provisions of state law (Education Code section 17424; Labor Code section 1720 et seq.). 4.3 Local Source Hire and Local Business Participation The District encourages a good faith outreach to all qualified people and companies including local residents and/or businesses within the District’s boundaries for the purposes of employment and contract


opportunities. Please review attached Exhibit H Local Hire Procedure for more information and responsibilities of the professional consultants. 5. SELECTION CRITERIA AND EVALUATION PROCESS All SOQs will be evaluated as per the selection criteria and evaluation process described below. All Hazardous Materials Consultants shall be advised and understand the policies applicable to potential project assignments and contract award if selected. 5.1. Selection Criteria Although not necessarily exhaustive of the criteria to be utilized, the District intends to use the following evaluation criteria in selecting pre-qualified Hazardous Materials Consultants: Timeliness and Completeness of SOQ: To receive maximum consideration, Hazardous Materials Consultant’s SOQ must be received by the Response Deadline. In addition, Hazardous Materials Consultant’s SOQ will be evaluated with respect to organization, clarity, completeness, and responsiveness to this RFQ, such as providing the minimum qualifications, firm information and experience. Technical Qualification and Competence: Hazardous Materials Consultant’s SOQ will be evaluated on the firm’s experience, expertise, and familiarity with the Services, and applicable laws and requirements for public works projects in general and school projects in particular. The Hazardous Materials Consultant’s ability to provide proof of any required licenses and/or certifications for completion of the scope of work, if applicable, will also be considered. Approach to Work: Hazardous Materials Consultant’s SOQ will be evaluated on the recommended approach to Services, compliance with applicable laws, the proposed project team members and sub-Consultants, project management and coordination methodologies, analysis and study approaches, ability to respond to emergencies and delays, and Hazardous Materials Consultant’s ability to communicate effectively with District personnel and offer advice in the best interest of the District. Record of Past Performance: Hazardous Materials Consultant’s SOQ will be evaluated for quality of work, completion of work on schedule, cost controls, contracts held with the District or other agencies over the last 5 years, and responses of references provided by the Hazardous Materials Consultant or any other references identified by the District. Contract Requirements and Cost Control: Hazardous Materials Consultant’s SOQ will be evaluated on the firm’s commitment to comply with contract requirements described in this RFQ, cost control procedures, personnel utilization, billing rates for personnel and Hazardous Materials Consultant’s policies respecting the pass-through to the District of overhead costs. 5.2. Evaluation of SOQs SOQs will be evaluated by a panel of individuals selected by the District. Selection for this SOQ will not preclude nor guarantee the selected firm consideration for future District projects. Based on its evaluation of the SOQs that it receives, the District will select a pool of pre-qualified Hazardous Materials Consultants. The District reserves the right to request that some or all of the respondents submit additional written information and/or that they consent to be interviewed by selected District personnel and/or representatives. The District also reserves the right to: (i) extend the SOQ Deadline, (ii) send out additional RFQs, and/or (iii) provide for other mechanisms for Hazardous Materials Consultants to be selected to provide Services to the District.


5.3. Policies Applicable to Contract Award All work to be performed under all awarded contracts must conform to all applicable laws and guidelines and all requirements of the District, the California Department of Education (CDE), local jurisdictions as applicable, all other governmental agencies with jurisdiction, and conform to the requirements set forth by this RFQ. This Request and any potential future RFQs or RFPs do not commit the District to award a contractual agreement with any vendor or to pay any costs incurred in the preparation of SOQs or participation in an interview. The District reserves the right at its sole discretion to: (i) waive or correct any defect or informality in any response, (ii) withdraw this RFQ, (iii) reissue this RFQ, (iv) send out additional RFQs, (v) reject any and/or all RFQs, (vi) prior to submission deadline for RFQs, modify all or any portion of the selection procedures including deadlines for accepting responses, Services to be provided under the RFQ, or the requirements for content or format of the RFQs, (vii) waive irregularities, (viii) procure any services specified in this RFQ by any other means, (ix) determine that no projects will be pursued and/or (x) terminate or change the contracting process articulated in this RFQ because of unforeseen circumstances. Acceptance by the District of any SOQs submitted pursuant to this RFQ shall not constitute any implied intent to enter into an agreement for services. All components of the SOQs shall become the property of the District upon the District’s receipt of the SOQ. The District shall have the right to copy, reproduce, publicize and/or dispose of each SOQ in any way that the District may choose. 5.4. Public Records SOQs will become the property of the District and subject to the California Public Records Act, Government Code sections 6250 et seq. Those elements in each response that are trade secrets as that term is defined in Civil Code section 3426.1(d) or otherwise exempt by law from disclosure and which are prominently marked as “TRADE SECRET,” “CONFIDENTIAL,” or “PROPRIETARY” may not be subject to disclosure. The District shall not be liable or responsible for the disclosure of any such records including, without limitation, those so marked if disclosure is deemed to be required by law or by an order of the Court. A Firm that indiscriminately identifies all or most of its response as exempt from disclosure without justification may be deemed nonresponsive. In the event the District is required to defend an action on a Public Records Act request for any of the contents of a response marked “Confidential,” “Proprietary,” or “Trade Secret,” the Firm agrees, by the submission of its SOQ for the District’s consideration, to defend and indemnify the District from all costs and expenses, including attorneys’ fees, in any action of liability arising under the Public Records Act.



Exhibit A – Request for Clarification

QUESTION #2 RFQ Question Subject: RFQ Question Section:




TO: Christy Wong e-mail: [email protected]

FROM: DATE:

RFQ Name: Hazardous Material Consulting Services

RFQ Number: 1718/00

RFQ Question

Deadline: Tuesday, November 7th, 2017

RFQ Response

Date: Monday, November 13th, 2017




Exhibit B – Scope of Services The District is seeking qualifications of Consultants that provide hazardous material services, (including but not limited to mold, asbestos, lead, mercury, PCB, and other suspect conditions such as Freon in cooling units, air conditioners and water fountains, fluorescent bulbs, etc.) surveying, testing, abatement plan preparation, in-place management plan preparation and monitoring for various facility improvement projects relative to implementation of the Facility Master Plan. The scope of work may include, but is not limited to environmental investigation, sampling and testing, and monitoring to be performed by the Consultant in connection with preparing various hazardous material reports. 1.1 Phases: It is anticipated that the hazardous material Work would be completed in three phases.

Anticipated tasks for each phase are described below. Phase I: Survey and Investigation

Review existing documents and/or surveys of the project site that will be made available by the District. Reviews may include but are not limited to the following:

o Review Scope of Work, assess existing site conditions, and/or specification plans for proposed construction activities. Consultants will only finalize reporting on 100% plans, complete specifications and/or scope of work or as directed by the District. No survey report should be developed on a partially planned/designed project. This will include:

Determining what type of work will occur on the project Perform an inspection of the locations involved in the project to determine

what materials will be impacted and will require sampling, or are in close proximity to the work and could be impacted, as a result of the project (e.g., mold, asbestos, lead, mercury, PCB, and other suspect conditions).The inspection will include accessing inaccessible spaces. This may require the use of a borescope and/or cutouts coordinated with District staff to view the interior of walls and ceiling spaces

Review the District’s existing asbestos records to determine if the materials to be impacted or those that could be impacted contain asbestos.

Collect bulk samples of suspect materials not identified as positive or negative for asbestos content.

Take bulk samples of all materials that are suspected to be hazardous including all unmarked containers containing unknown substances as follows:

Sample paint and window caulking and test for metals

Sample caulking and other PCB suspected materials and test for polychlorinated biphenyls (PCBs)

Count the number of fluorescent light ballasts, fluorescent bulbs, and mercury vapor lights.

Count the number of mercury thermostats and light switches.

Count the number of cooling units, air conditioners, and water fountains and evaluate for Freon.

Other suspect conditions – Sample as required



For mold related services, have available staff qualified and experienced in conducting mold related surveys and sample collection assess the site. Additionally, Consultant must have on staff or available under contract a Certified Industrial Hygienist knowledgeable and capable of directing site assessments and testing and analysis of both air and tape lift samples; evaluation of findings of site assessments and sample results, and making recommendations for mitigating mold growth.

When a project requires access to an attic or crawl space under a building, the Consultant, upon inspecting and determining there is no Asbestos Containing Material (ACM) or ACM debris, will notify District Staff so a verification inspection can be conducted. If the District does not agree, a letter outlining the findings will be provided to the Consultant.

Take digital photographs of special site conditions, anomalies, for describing conditions more clearly. Where consultant identifies suspected contamination in occupied spaces these should be documented with digital photographs.

o The consultant may be assigned to work in cooperation with an architectural/engineering firm or group to address the existing asbestos and lead issues during the development of the project. The consultant will be required to collect information about the project from the District staff or construction consultant as necessary to determine full scope of the project.

o Review general contractors’ shop drawings. o Review Asbestos Management Plan, Survey Reports, and supplemental bulk

sample and analysis reports and reports prepared by consultants on prior projects.

o Determine whether existing bulk sampling data is adequate to determine the presence or absence of asbestos within the material sampled as required by the Asbestos Hazard Emergency Response Act (AHERA) and Asbestos School Hazard Abatement Reauthorization Act (ASHARA) sampling protocol.

Bulk sample suspect asbestos-containing building materials not previously identified as asbestos-containing or non-asbestos-containing. Perform confirmatory bulk sampling of suspect building materials per AHERA/ASHARA sampling protocol or where existing bulk sampling data is inconclusive.

Perform a building inspection of areas to be disturbed by proposed construction activities and identify the presence of painted surfaces and report on the existing condition of the painted surface.

Where hardwood flooring is required to be sanded collect bulk samples of the varnished and/or painted surfaces not previously identified as lead-containing or non-lead-containing by bulk sampling.

Where a building is scheduled for sandblasting bulk samples will be collected of paint on surfaces to receive such sandblasting to determine lead content.

All other painted surfaces will be assumed to contain lead and will require the contractor to comply with Standard Specifications, contract requirements, and all Federal, State, and local regulations.

Complete the CDPH Form 8552 and submit in accordance with Title 17, Article 16, Section 36000 for all surfaces tested.

Site assessments for mold will include, but not necessarily be limited to, visual inspections, olfactory assessment, and moisture readings of suspect affected surfaces,



and where necessary borescope investigation. In some cases Infrared detection of moisture may be necessary. Certified Industrial Hygienist (CIH) recommendations will include specifications for how mold growth should be mitigated so these can be used for contracting purposes. Report associated with the mold assessment must be reviewed, approved, and signed by a CIH.

Establish a survey and inspection plan of the project site in order to create a complete and thorough set of abatement plans, in place management plans if applicable, and contract documents.

Develop a complete and detailed hazardous material survey and investigation of the buildings and facilities at the project site.

Collect samples of existing building materials for analysis of potential hazardous materials. Provide for the analysis of the building and facility materials samples by an accredited lab and develop detailed laboratory test result reports. Use the field review and sample collection information and analysis to develop the abatement plan and/or in-place management plans if applicable.

Determine quantity and location of all hazardous materials on the project site, including asbestos, PCB, mercury, lead and other hazardous materials as defined by the State of California.

The physical assessment of the project site and work area to be impacted by the project, along with all necessary bulk sampling should be completed within ten (10) calendar days from the Notice to Proceed (NTP).

Determine whether sampling data is adequate to confirm or negate the presence of hazardous containing material.

Prepare a survey of existing hazardous materials for the project site that the District shall use as a construction contract document and provide three (3) copies of the report to the District Environmental Manager along with one (1) electronic copy.

If a report is reviewed during the randomly selected quality control checks and is found to require a revision, the corrected report shall be returned to the District within 7 calendar days after notification of correction.

The District may not be reviewing every report. The consultant shall assume that the submitted report will be forwarded for inclusion into the demolition contract bidding document with no review. Reports found to be in error or deficient with respect to contract requirements during the quality control check may lead to Consultant disqualification on future LBUSD projects.

On all pages of the report, the address of the site and name of the proposed school shall be listed. The table of contents shall include at a minimum the following information, with a note clarifying items that are not applicable and justification:

o Section (e.g., Asbestos, Lead, Mold, or other suspect hazardous materials), Title, Page number

o List of acronyms o List of definitions o Executive summary, introduction, purpose, and scope of services o Discussion of Historical Data o Scope of work o Visual survey, sampling methodology, and analytical procedures o Discussion of survey findings by material type (i.e., asbestos, lead, mold, PCBs,

or other suspect materials) and location including impacts and basis for the results or assumption



o Type of impact anticipated by the work planned as it relates to material type (i.e., asbestos, lead, mold, PCBs, or other suspect materials).

o Confidentiality and limitations o Identify any irregularities encountered during the inspection and including listing

any portions of the project site that were not inspected o California Department of Public Health (CDPH) Form 8552 and required

supporting documents not listed herein o Recommendations for properly impacting lead-containing materials and any paint

stabilization that will be required before such impact or potential impact. o Recommendations to avoid disturbing lead-containing materials where feasible o Mold site assessment including but not limited to: visual inspections, olfactory

assessments, digital photographs, and moisture readings of suspect affected surfaces, and borescope investigation results. This assessment shall also include sample results and CIH mitigation recommendations related to mold site assessment. In some cases this will include Infrared detection of moisture. A report will be prepared and submitted to the District Environmental Manager including the findings of the investigation and sampling, photographs, the extent of mold growth, and recommendations for mitigating the mold growth. All reports must be reviewed, approved, and signed by a CIH. The mold site assessment report must be reviewed approved, and signed by a CIH.

o Conclusions and recommendations for approved work practices of handling of disturbances

o General recommendations and notes o Confidentiality and Limitations o Appendix A – Test Results by X-ray Fluorescence (XRF) and/or Bulk Samples o Appendix B – Site Drawings o Appendix C– Sample location drawings for hazardous-containing materials

(building number, bulk sample ID numbers, location, and date for historical and new)

o Appendix D – Tables – Building numbers, bulk sample ID numbers (where applicable), results, and a summary of hazardous containing materials anticipated to be impacted, and the room and location designation

o Appendix E – Location and component type of hazardous-containing material anticipated to be impacted by building number and material

o Appendix F – Consultants’ sample analytical results with laboratory chain of custody and proof of laboratory certification

o Appendix G – Chain of custody for returned samples o Appendix H – Resource Conservation Recovery Act (RCRA), non-RCRA, and

non-hazardous manifest templates o Appendix I – Consultant’s certifications o Appendix J – Scope or Work o Appendix K – Consultant’s Checklist (in Draft Report Only)

Phase II: Abatement Plan and/or In Place Management Plan, if applicable, and Contract Documents

Prepare an abatement plan and/or in place management plan, if applicable, for the project site that the District shall use as a construction contract document. The abatement plan, at a minimum, shall describe the quantity and location of all hazardous



materials (i.e., asbestos, lead, PCBs, mold, or other suspect materials), provide for a plan of abatement and removal, describe specific abatement procedures including testing, handling, disposal and on site monitoring requirements for the abatement of the building materials and systems that contain hazardous materials. The in place management plan, if applicable, shall at a minimum, describe the quantity and location of all hazardous materials, provide for a plan associated with in-place management, describe specific procedures including testing, handling, and on site monitoring requirements for the in place management of the building materials and systems.

Prepare plans and specifications that shall be included in bidding and construction contract documents.

Prepare a cost estimate of the abatement work and/or in-place management work. Specifications prepared require asbestos and lead abatement work to be performed in

compliance with Federal and State laws and District Standards (e.g., 40 CFR, Part 763, Subpart E; 40 CFR, Part 61, Subparts A & M; CCR Title 8, Section 1529; and SCAQMD Rule 1403, etc.).

Design a lead abatement or lead related construction scope of work and site specific specifications as required. This will become part of the contract documents for the construction project.

For mold related work, CIH recommendations will include specifications for how mold growth should be mitigated so these can be used for contracting purposes. Report associated with the mold assessment must be reviewed, approved, and signed by a CIH.

Confine scope of work to areas specified in the Notice to Proceed (NTP). Where more than one option is available to be used during construction the Consultant

shall provide the options to the District and design the abatement or lead related construction work using the option selected by the District.

Coordinate with District, Architect, Construction Manager and other Consultants and with Government agencies having jurisdiction as required to ensure that the projects contract documents incorporate all requirements of the hazardous material consultant’s recommendations and the consultant’s abatement plans and/or in place management plans.

Consultant shall review the projects demolition plans and ensure all hazardous materials (i.e., asbestos, lead, mold, PCBs, and other suspect hazardous materials) affected by demolition are indicated to be removed and properly disposed of as required by governing laws and regulations and also to ensure a safe working environment and to eliminate the potential exposure of people from hazardous materials.

Phase II abatement plans, in-place management plans if applicable, and applicable designs will be included as an attachment of the District’s bid and contract documents for the project in which it was prepared. Any errors or discrepancies identified during quality assurance review activities shall be returned to the Consultant for correction without any further compensation within seven (7) days.

Provide consulting services associated with the bidding of hazardous material abatement Work and/or in place management Work, including but not limited to, attending pre-bid meetings and job walks, responding to questions by the contractor and preparation of bid addenda.



Phase III: Monitoring During Construction Attend the pre-bid meeting and describe at the pre-bid meeting what asbestos, lead, and

hazardous materials are affected by the project and what will be required of the contractor. Discuss what paint impact is affected by the project and what will be required of the contractor during such impact. Evaluate project bids for abatement work and/or in place management work and bidders experience and references to make recommendation of award.

Review general contractor’s shop drawings. Review general contractor’s means and methods of performing proposed activities when

required to be submitted as part of the contract. Conduct pre-construction meetings as it relates to demolition, asbestos, lead, and

hazardous material abatement work and/or in place management work. Coordinate and establish with the Contractor and the Site Administrator a project start

date and schedule for progress of the abatement work and/or in place management work. Work is to be scheduled through the Consultant. Some start dates will be in conjunction with the General Contractor’s start date.

Manage abatement, in-place management work, and/or hazardous materials related construction work in strict compliance with the District’s contract requirements, including Standard specifications and other contract requirements.

Notify the District of all abatement or in place management work that is scheduled to be performed by emailing a copy of the notification to SCAQMD or DOSH, or in the absence of such a notice being required, by other written notification. The notification shall at a minimum include date, site, and buildings to be involved. Additional detail may be requested on a project by project basis.

Provide written notice to the school administrator 30 days in advance of an impending asbestos abatement project as required by AHERA. The site administrator must notify parents and staff timely.

Manage and monitor abatement, in place management work, and/or hazardous material related construction work to ensure completion of the scope of work in the contract between the General Contractor and/or Asbestos Abatement Contractor, Lead Abatement Contractor, Hazardous Material Abatement Contractor, and the District.

The Consultant shall attend the pre-job conference and ensure the Contractor, the contractor’s designated supervisor/competent person, the District Representatives, and the Plant Manager, have been notified of the date, time, and location of the meeting. At the pre-job conference the Consultant shall provide direction to the Contractor regarding their limitations, the site administrator regarding the protective measures used during the project and ensure parents and staff are/were notified, and collect from the Contractor all documentation required before the project begins. These shall include the following:

o Notification to the agencies that require such notices. o Negative exposure assessment to be relied upon by the Contractor for

the project. o Documents verifying current respirator fit test, medical surveillance, and

training for all employees anticipated to work on the project and that will be required to wear respirators.

o Training certificates for abatement workers and proof of 16-hour asbestos awareness training for workers performing minor impact.

o Current Certified Asbestos Consultant certifications by the California Division of Occupational Safety and Health.



o Current State of California Department of Public Health Lead Certification for Inspector/Assessor, Project Designer, Supervisor, or Project Monitor as necessary for all staff performing lead-related services.

o Current Certified Industrial Hygienist Certifications. o Specifications for all equipment to be used on the project. o Filter change history for all air filtration units, vacuums, and water filtration

equipment. o Copies of the Contractor’s License, DOSH registration, and CDPH

registration. o List including the transporter to be used for waste and the landfill in which

waste shall be deposited.

Inspect the set-up of the Contractor’s containment and be satisfied the setup is acceptable to meet specifications and industry standards before allowing the Contractor to proceed with abatement activities.

Provide complete demolition and hazardous material abatement and/or in place management construction field monitoring, including all air monitoring, sampling and testing. Consultant’s monitoring of contractor’s operations shall ensure compliance with the abatement plan and/or in place management plan prepared by the Consultant and result in the proper removal and final disposal and disposition of hazardous materials that exist on the project site.

Daily, or as required by site/project conditions, the Consultant shall inspect the containment from the outside and the inside to ensure the containment remains intact. The Consultant shall exercise such authority so as to stop removal or other abatement activities if containment does not pass daily inspection. The Consultant shall have the Contractor make repairs to containment as necessary before allowing further work to proceed.

For Lead abatement, in place management, and/or lead related construction work, the Consultant shall manage and monitor this work. Full time monitoring for this work is not required, however the frequency will be determined by the quality and cooperation of the contractor performing the work.

Inspect the actual work process as necessary to ensure it is being performed according to all contractual and legal requirements, as well as, general safe work practices.

Photograph conditions and incidents that appear out of the normal process, as determined by the Consultant, in which there is a potential for discrepancy or contest with the contract specifications and/or legal requirements.

Notify the District whenever work stoppage is ordered for more than minor infractions. Submit to the District the photographs taken, via email, for further direction.

When a project entails abatement of attics, crawl spaces under buildings, and/or decontamination of such spaces, the Consultant will notify the District to perform or schedule a verification inspection.

Inspect application of the lock down encapsulate to ensure all surfaces have an even and distributed coat applied and the proper encapsulating materials are being used.

Ensure the Contractor operates the air filtration units, where such units are required to be used on a project, following the lock down material application for a minimum of 12-hours before clearance air sampling is performed.



Notify the District in writing prior to collecting clearance air samples, which shall include the date and time schedule for collecting air samples as well as the site name and address.

Collect air samples for the purpose of providing a clearance for occupancy of the abatement area as required by AHERA, and as specified here.

If the contained area is clear for entering, the Consultant shall inform the District and Contractor and arrange to have the containment removed within 24-hours of the notification.

If the area does not pass the criteria established by AHERA, THE Consultant shall notify the Contractor to arrange to have the Contractor re-clean this work space within 24-hours of the notification. Following the re-cleaning the Consultant shall again follow the procedure for occupancy clearance sampling. This procedure shall continue until the area achieves clearance as required by AHERA and the contractual requirements. The Consultant shall notify the District of all abatement areas that fail to pass clearance monitoring as a result of a fiber concentration in excess of the AHERA standard. This notification shall include the cost to perform the collection of air samples and the cost of analysis if performed by the Consultant.

Notify the District and the contractor in writing when the Contractor has completely removed from the site the containment and all equipment, waste containers, and other items belonging to or provided by the Contractor.

Upon completion of the work and not more than three (3) work days from the completion date, the consultant shall inspect the areas accessed by the Contractor and make a list of any corrective items relating to the contractual requirements or damage caused by the Contractor in the course of the contract execution. This list shall be provided to the District who will provide this to the Contractor. The Contractor shall have 35-days in which to complete, repair, or replace any items not completed, damaged, or to provide any items yet to be submitted as required by the contract.

Upon completion of lead related abatement or construction activities, Inspect the entire surface from which lead paint materials or materials coated with lead paint have been removed or worked on, as well as the entire containment setup, polyethylene used in the containment setup, the decontamination activities, and any other item, equipment or material within the isolated/regulated area. Verify that all surfaces are free of visible debris before performing clearance monitoring or releasing the work area for normal occupancy. Notify the Contractor of the clearance test results or release of containment by visual inspection, whichever applies, once these are available, but no later than the following workday at 8:00 AM. If the contained area is clear for entering, inform the contractor and arrange to have the containment removed within 24-hours of the notification. If the area does not pass the criteria established for clearance, notify the contractor and arrange to have the Contractor re-clean this work space within 24-hours of the notification. Following the re-cleaning, again perform clearance monitoring. This procedure continues until the area achieves the clearance criteria.

Verify the Uniform Hazardous Waste Manifest, when required, has been submitted and reviewed by the District for completeness a minimum of 48-hours prior to the date the waste is to be removed from the site. Provide waste specific information for inclusion on the manifest. No hazardous waste may be transported away from a District site without a manifest.



o Complete the quantity portions of the manifest and sign on behalf of the District verifying the information on the manifest is correct. Original copies of this manifest shall be submitted to the District within 48-hours.

o Retain copies for inclusion in the close-out document submittal. Inspect the site at the end of the 35-day period, or upon notification by the Contractor

that the work is complete, whichever comes first. If corrective items listed are not complete, the Consultant shall notify the Contractor and the District within 24-hours of this inspection.

Submit all original paper work required to be maintained by the contract documents, this agreement, and by law to the District within the required timeframes. Included in the final submittals shall be a signed statement by the Consultant that all work required by the contract was monitored and performed in compliance with regulatory requirements and District standards.

The Consultant shall not have, assume, or exercise authority to change, deviate, alter, or modify any contract, contract specifications, contract conditions, or contract plans awarded by the District. The Consultant may identify circumstances within a project that appear to need changing, if so this is to be communicated in writing to the District with reasons and justifications. Any change in the scope of work requires that change to be reviewed by the consultant to ensure whatever additional impact, if any, to asbestos containing materials is addressed in the specifications. If impact will occur a revised abatement plan or in place management plan would be required.

Provide efficient coordination and scheduling between demolition contractor, general contractor, construction manager, District’s Inspector of Record, and District’s Project Manager.

Closeout Report Minimum Requirements: On all pages of the report, the address of the site and name of the proposed school shall be listed. The table of contents shall include at a minimum the following information, with a note clarifying items that are not applicable and justification:

o Section/Title/Page o Acronyms o Definitions o Executive Summary o Introduction o Scope of Work o Methodology o Standards o Discussion and Results o Conclusions o Appendix A – Abatement Work Plan o Appendix B – Agency Notification/Correspondence o Appendix C - Daily Field Reports

Job Start Meeting Documents Abatement Activity Personnel Inspector’s Job Record Personnel Log Code of Conduct Notice of Completion Personnel Report



Work Activity Survey of Conditions

o Appendix D – Worker’s Documentation Sign In Sheets and Personnel Log Personnel Air Sampling Results

Laboratory Results

Air Monitoring Data Sheets Employee or Worker Certificates

Training Certificates

Medical Certificates

Respiratory Fit Tests o Appendix E – Perimeter Air Sampling Data Sheets and Laboratory Results o Appendix F – Clearance Air and Wipe Sampling Data Sheets as appropriate,

Laboratory Results, Clearance Forms, and Minor and Major Abatement Forms with required attached documentation

o Appendix G – Accreditation for Laboratory and Personnel o Appendix H – Waste Manifests for RCRA, non-RCRA, and non-hazardous

shipments o Appendix I – Photo-log o Appendix J – Licenses, Certifications, and Registration

California State Contractor License Cal/EPA Notification & Hazardous Waste Generator Identification Cal/OSHA Certificate of Registration, where applicable Cal/EPA Hazardous Waste Transporter License CHP Hazardous Material Transportation License Insurance Certificate Accreditation Certificate Other related certificate or registration or additional project specific

requested information Provide all closeout documentation, as required by State and/or Federal regulation, as

required by the District, and other closeout activities with the outcome of the closeout activities being the approval of the remediation efforts by all Government Agencies having jurisdiction over the project.

Consultant shall ensure that key personnel are Certified Lead Inspectors and Assessors and Project Monitors by the California Department of Public Health and Certified Asbestos Consultants by the California Division of Occupational Safety and Health. All work shall be reviewed by a Certified Industrial Hygienist (CIH). 1.2 Requirements of the Work: Each Consultant must be prepared to provide turn-key services for Work as the District may hereafter require. Each Consultant must be prepared and equipped to provide such services in a timely manner and on relatively short notice so as to enable the District to meet critical, and at times unpredictable, time deadlines and schedules. 1.3 Compliance with Applicable Laws: Consultant’s proposal must set forth Consultant’s understanding of all applicable Health and Safety laws, guidelines, and requirements including Cal/OSHA Title 8, CCR Title 8 Section 1532.1 (Lead), CCR Title 8 Section 1529 (Asbestos), California Department of Public Health Title 17, the Environmental Protection Agency, the South Coast Air



Quality Management District (SCAQMD), the Education Code, the California Department of Education, the Department of Toxic Substances Control, the California Division of the State Architect regulations, the National Emission Standards for Hazardous Air Pollutants, the Asbestos Hazard Emergency Response Act, the District’s Asbestos and Lead Specifications and local ordinances and/or other applicable regulations, relative to the work to be undertaken as well as Consultant’s ability to comply with the same and the methodology by which Consultants will do so. Consultant proposals must confirm that the nature of the Work to be performed will meet all the aforementioned requirements for said Work as set by the applicable codes and regulations and all other applicable ordinances and guidelines. 1.4 Working Conditions: Each Consultant shall be capable of working indoors and outdoors, in all weather and site conditions including, but not limited to, rain, dirt, mud, and ice. The Consultant’s activities may require kneeling, bending, climbing ladders, stepping over trenches, etc.



Exhibit C - Firm Information Questionnaire Please answer the following questions. If you answer yes to any of the questions, please explain on a separate, signed sheet. For questions 3, 4, 6, and 7, if yes, also state the project name, location, owner/contact person, telephone number, amount of dispute, and brief description of the situation. 1. Is the company or its owners connected with other companies as a subsidiary, parent, affiliate, or holding

company?

Yes No 2. Does the company have an ongoing relationship or affiliation with an equipment manufacturer?

Yes No 3. Has the company (or any owner) ever defaulted on a contract forcing a surety to suffer a loss?

Yes No 4. In the past five (5) years, has the company had any project with disputed amounts more than $50,000 or a

project which was terminated by the owner, owner’s representative or other contracting party and which required completion by another party?

Yes No

5. Has the company, an affiliate company, or any owner ever declared bankruptcy or been in receivership?

Yes No 6. Has the company ever had arbitration on contracts in the past five (5) years?

Yes No

7. Does the company have any outstanding liens or stop notices for labor and/or materials filed against any contracts which have been done or are being done by the company?

Yes No

THE UNDERSIGNED DECLARES UNDER PENALTY OF PERJURY THAT ALL OF THE INFORMATION SUBMITTED WITH THIS PROPOSAL IS TRUE AND CORRECT.

Signature Date

Printed Name Title



Exhibit D - Billing Rates

Firm Name

Location of Firm Office that will provide Services under this SOQ (City, State)

Job Title

Hourly Rate

Daily Rate (min - max)

Reimbursable Expenses

% markup SIGNATURE

*All licensed professionals in charge of Services must be directly employed by the responding Consultant and NOT a Sub-Consultant. Consultant will propose all-inclusive hourly rates for all services described in the RFQ. All other services not included herein shall be negotiated as required.



Exhibit E - Certification, Requests for Qualifications

I certify that I have read and received a complete set of documents including the instructions for submitting a Statement of Qualifications (“SOQ”) in response to the attached Request for Request for Qualifications. I further certify that I am submitting four (4) original copies, and one (1) electronic copy containing a complete, single-document PDF version of the firm’s SOQ in response to this request and that I am authorized to commit the firm to the SOQ submitted.

I consent to Long Beach Unified School District contacting references included in this Statement of Qualifications, including but not limited to other school districts listed herein for the purposes of obtaining information about the survey experience.

FAILURE TO SIGN THIS DOCUMENT MAY RESULT IN A STATEMENT OF QUALIFICATIONS DISQUALIFICATION

Signature Date

Printed Name Title

Address City, State, Zip Code

Telephone EMAIL Address



Exhibit F - Statement of Non-Conflict of Interest

The undersigned, on behalf of the consulting firm set forth below (the “Consultant”), does hereby certify and warrant that if selected, the Consultant, while performing the consulting services required by the Request for Qualifications, shall do so as an independent contractor and not as an officer, agent or employee of the Long Beach Unified School District (“the District”). The undersigned further certifies and warrants the following:

(1) No officer or agent of the Consultant has been an employee, officer or agent of the District within the past two (2) years;

(2) The Consultant has not been a source of income to pay any employee or officer of the District within the past twelve (12) months;

(3) No officer, employee or agent of the District has exercised any executive, supervisory or other similar functions in connection with the Consultant Agreement or shall become directly or indirectly interested in the Consultant Agreement;

(4) The Consultant shall receive no compensation and shall repay the District for any compensation received by the Consultant under the Consultant Agreement should the Consultant aid, abet or knowingly participate in violation of this statement; and

(5) In support of Education Code Sections 35230-35240 and Board Policy 4119.21, during the selection process (from the date the RFQ is released to the conclusion of the selection process), if it is determined that any individual(s) who work(s) and/or represent(s) the Consultant for business purposes communicates, contacts and/or solicits Board Members in any fashion, such Consultant shall be disqualified from the RFQ selection process and from participating in any future RFQs and/or RFQs. This may also result in the removal of the Vendor, Firm, Contractor and/or Consultant from any established Pre-qualified list, as well as the removal from the “interested vendors” list. FAILURE TO SIGN THIS DOCUMENT MAY RESULT IN A STATEMENT OF QUALIFICATIONS DISQUALIFICATION

Signature Date

Printed Name Title



Exhibit G – Agreement for Hazardous Material Consulting Services

Agreement for Hazardous Material Testing – LBUSD & ____________________ Page 1

MASTER AGREEMENT FOR

HAZARDOUS MATERIAL ABATEMENT PLANNING AND MONITORING SERVICES

BY AND BETWEEN LONG BEACH UNIFIED SCHOOL DISTRICT

AND [ ]

This Master Agreement for Hazardous Materials Abatement Planning and Monitoring Services (“Agreement”) is made and entered into as of the _____ day of_____, 2017 by and between the Long Beach Unified School District (“District”) and _____ (“Consultant”), (individually a “Party” or collectively the “Parties”).

RECITALS

WHEREAS, District is authorized by California Government Code sections 4529.10 and 4529.12 to contract with and employ any persons for the furnishing of architectural, landscape architectural, environmental, engineering, land surveying, and construction management services through a fair, competitive selection process (e.g., by using a request for proposal or request for qualification process), which the District utilized; WHEREAS, the District desires to retain the services of Consultant for the furnishing of Hazardous Materials Abatement Planning and Monitoring Services for certain projects; and WHEREAS, Consultant is specially trained, experienced, certified, competent and duly licensed under the laws of the State of California to perform the services pursuant to this Agreement.

NOW, THEREFORE, the Parties agree as follows: 1. Services. The Consultant shall provide the services as described in Exhibit A, attached hereto and incorporated

herein by this reference (“Services” or “Work”). The scope of services will generally consist of the following: Comprehensive Asbestos, Lead-Containing Material, Mold, PCBs, and Hazardous Materials Consulting Services

further detailed in Exhibit A (Scope of Services).

1.1. The Services shall be performed on the following project(s) / site(s) (“Project”):

Various Projects as requested by the District. A proposal for each project shall be submitted by the Consultant detailing the services to be provided with costs and duration. The District will issue a separate purchase order for each project

1.2. The Consultant’s Services at any one of the sites or combination thereof may be changed, including

terminated, in the same manner as the Project, as indicated herein, without changing in any way the remaining Consultant’s Services at other site(s). The provisions of this Agreement shall apply to the Consultant’s Services at each site, without regard to the status of the remaining Project component(s). Consultant shall invoice for each inspection and test separately and for each site separately and District shall compensate Consultant for each site separately on a proportionate basis based on the level and scope of Services completed for each site.

2. Term. Unless terminated or otherwise cancelled as permitted herein, the term of this Agreement shall be from __________ through _____________________.

3. Submittal of Documents. The Consultant shall not commence the Work under this Agreement until the Consultant

has submitted and the District has approved the certificate(s) and affidavit(s), and the endorsement(s) of insurance as required


4. Compensation. Consultant’s fee for the performance of Services shall be on an hourly basis and/or a per unit basis, as indicated in Exhibit B (Prices for Services). District agrees to pay the Consultant for Services satisfactorily rendered pursuant to this Agreement a total fee not to exceed Dollars ($ ). District shall pay Consultant according to the following terms and conditions:

4.1. Payment for the Work shall be made for all undisputed amounts in monthly installment payments within

forty-five (45) days after the Consultant submits an invoice to the District for Work actually completed and after the District’s written approval of the Work, or the portion of the Work for which payment is to be made.

4.2. Consultant shall prepare a separate invoice for each site, if Consultant performs Services at more than one site. The itemized invoice shall reflect the hours spent by the Consultant in performing its Services pursuant to this Agreement.

5. Expenses. District shall not be liable to Consultant for any costs or expenses paid or incurred by Consultant in

performing Services for District, except as authorized by prior written approval of the District. 6. Independent Contractor. Consultant, in the performance of this Agreement, shall be and act as an independent

contractor. Consultant understands and agrees that it and all of its employees shall not be considered officers, employees, agents, partner, or joint venture of the District, and are not entitled to benefits of any kind or nature normally provided employees of the District and/or to which District's employees are normally entitled, including, but not limited to, State Unemployment Compensation or Worker's Compensation. Consultant shall assume full responsibility for payment of all federal, state and local taxes or contributions, including unemployment insurance, social security and income taxes with respect to Consultant's employees. In the performance of the work herein contemplated, Consultant is an independent contractor or business entity, with the sole authority for controlling and directing the performance of the details of Consultant’s Work, District being interested only in the results obtained.

7. Consultant and Sub-consultant Registration and Compliance.

7.1. Consultant acknowledges that, for purposes of Labor Code section 1725.5, all or some of the Work is a public work to which Labor Code section 1771 applies and that the Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Consultant shall comply with Labor Code section 1725.5, including without limitation the registration requirements for itself and its sub-consultants. Consultant represents that all of its sub-consultants are registered pursuant to Labor Code section 1725.5.

7.2. Labor Code section 1771.1(a) states the following:

“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 this chapter, 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.”

7.3. Consultant shall comply with the registration and compliance monitoring provisions of Labor Code section 1771.4, including furnishing its CPRs to the Labor Commissioner of California and complying with any applicable enforcement by the Department of Industrial Relations.

7.4. Consultant shall post job site notices, as required by law, including without limitation Labor Code section 1771.4.

7.5. Consultant shall comply with all requirements of Labor Code section 1771.4, except the requirements that are exempted by the Labor Commissioner for the Project.

8. Designated Representatives. Consultant shall coordinate with District personnel and/or its designated

representatives as may be requested and desirable, including with other professionals employed by the District for the design, coordination or management of other work related to the Project.


9. Materials. Consultant shall furnish, at its own expense, all labor, materials, equipment, supplies and other items necessary to complete the services to be provided pursuant to this Agreement.

10. Performance of Services.

10.1. Standard of Care.

10.1.1. Consultant represents that Consultant has the qualifications and ability to perform the Services in a

professional manner, without the advice, control or supervision of District. Consultant's Services will be performed, findings obtained, reports and recommendations prepared in accordance with generally and currently accepted principles and practices of its profession for services to California school districts. Consultant’s Services will be performed with due care and in accordance with applicable law, code, rule, regulation, and/or ordinance.

10.1.2. Consultant hereby represents that it possesses the necessary professional capabilities, qualifications, licenses, certifications, skilled personnel, experience, expertise, and financial resources, and it has available and will provide the necessary equipment, materials, tools, and facilities to perform the Services in an efficient, professional, and timely manner in accordance with the terms and conditions of the Agreement.

10.1.3. Consultant shall be responsible for the professional quality, technical accuracy, completeness, and coordination of the Services, and Consultant understands that the District relies upon such professional quality, accuracy, completeness, and coordination by Consultant in performing the Services.

10.1.4. Consultant shall ensure that any individual performing work under the Agreement requiring a California license and/or certification shall possess the appropriate license and/or certification required by the State of California. All personnel shall have sufficient skill and experience to perform the work assigned to them.

10.2. Meetings. In addition to all public hearings and meetings, Consultant agrees to participate in coordination

meetings to discuss District strategies, timetables, implementations of Services, and any other issues deemed relevant to the Project.

10.3. District Approval.

10.3.1. The District has the right to inspect and supervise to secure satisfactory completion of the Services. 10.3.2. Prior to any documents being made public, Consultant shall notify the District and provide in draft

form to District staff and District legal counsel, if requested, all documents that it or its sub-consultants prepare.

10.4. New Project Approval. Consultant and District recognize that Consultant’s Services may include working on

various projects for District. Consultant shall obtain the approval of District prior to the commencement of a new project.

11. Information.

11.1. Furnished by District. Upon request by Consultant, District shall furnish Consultant any information and

documents readily available to District that the Consultant determines may be of use to the Consultant in the performance of the Services. District shall rely upon Consultant to determine which information and documents may be of use to the Consultant in performance of the Services. District makes no representations with respect to the reliability, accuracy, or completeness of any information or documents furnished by the District. Consultant shall determine if it is appropriate to rely on the District furnished information or documents. Consultant shall determine if clarification, additional information, or additional data is needed, and if so, to seek it out.

11.2. Furnished by Others. Consultant is to obtain, utilizing its own personnel, any required information that has been developed by other public or private entities that are not under contract to District. Consultant shall determine if it is appropriate to rely on the information or data developed by these other public or private


entities. Consultant shall determine if clarification, additional information, or additional data is needed.

12. Originality of Services. Except as to standard generic details, Consultant agrees that all technologies, formulae, procedures, processes, methods, writings, ideas, dialogue, compositions, recordings, teleplays and video productions prepared for, written for, or submitted to the District and/or used in connection with this Agreement, shall be wholly original to Consultant and shall not be copied in whole or in part from any other source, except that submitted to Consultant by District as a basis for such services.

13. Copyright/Trademark/Patent. Consultant understands and agrees that all matters produced under this Agreement

shall become the property of District and cannot be used without District's express written permission. District shall have all right, title and interest in said matters, including the right to secure and maintain the copyright, trademark and/or patent of said matter in the name of the District. Consultant consents to use of Consultant's name in conjunction with the sale, use, performance and distribution of the matters, for any purpose and in any medium.

14. Audit. Consultant shall establish and maintain books, records, and systems of account, in accordance with generally

accepted accounting principles, reflecting all business operations of Consultant transacted under this Agreement. Consultant shall retain these books, records, and systems of account during the Term of this Agreement and for five (5) years thereafter. Consultant shall permit the District, its agent, other representatives, or an independent auditor to audit, examine, and make excerpts, copies, and transcripts from all books and records, and to make audit(s) of all billing statements, invoices, records, and other data related to the Services covered by this Agreement. Audit(s) may be performed at any time, provided that the District shall give reasonable prior notice to Consultant and shall conduct audit(s) during Consultant’s normal business hours, unless Consultant otherwise consents. For a period of three (3) years after final payment under this Agreement, all expenditures of public funds in excess of ten thousand dollars ($10,000) shall be subject to examination and audit by the State Auditor. The audit shall be confined to those matters connected with the performance of this Agreement, including, but not limited to, the costs of administering the Agreement.

15. Termination.

15.1. Without Cause by District. District may, at any time, with or without reason, terminate this Agreement and compensate Consultant only for the Services satisfactorily rendered to the date of termination. Written notice by District shall be sufficient to stop further performance of Services by Consultant. Notice shall be deemed given when received by the Consultant or no later than three (3) days after the day the notice was mailed, whichever is sooner.

15.2. Without Cause by Consultant. Consultant may, upon sixty (60) day notice, with or without reason, terminate this Agreement. Upon this termination, District shall only be obligated to compensate Consultant for Services satisfactorily rendered to the date of termination. Written notice by Consultant shall be sufficient to stop further performance of Services to District. Consultant acknowledges that this sixty (60) day notice period is acceptable so that the District can attempt to procure the Services from another source.

15.3. With Cause by District. District may terminate this Agreement upon giving of written notice of intention to terminate for cause. Cause shall include:

15.3.1. material violation of this Agreement by the Consultant; or 15.3.2. any act by Consultant exposing the District to liability to others for personal injury or property

damage; or 15.3.3. Consultant is adjudged a bankrupt, Consultant makes a general assignment for the benefit of

creditors or a receiver is appointed on account of Consultant's insolvency.

Written notice by District shall contain the reasons for such intention to terminate and unless within three (3) calendar days after that notice the condition or violation shall cease, or satisfactory arrangements for the correction thereof be made, this Agreement shall upon the expiration of the three (3) calendar days cease and terminate. In the event of this termination, the District may secure the Services from another Consultant. If the expense, fees, and/or costs to the District exceeds the cost of providing the Services pursuant to this Agreement, the Consultant shall immediately pay the excess expense, fees, and/or costs to the District upon the receipt of the District’s notice of these expense, fees, and/or costs. The foregoing provisions are in


addition to and not a limitation of any other rights or remedies available to District.

15.4. With Cause by Consultant. Consultant may only terminate this Agreement after giving written notice of intention to terminate for cause and the expiration of the time to cure. Cause shall only include:

15.4.1. Material violation of this Agreement by the District, or 15.4.2. Failure of the District to timely pay undisputed Consultant invoices.

Written notice by Consultant shall contain the reasons for such intention to terminate and unless within seven (7) calendar days after that notice the condition or violation shall cease, or satisfactory arrangements for the correction thereof be made, this Agreement shall upon the expiration of the seven (7) calendar days cease and terminate. In the event of this termination, the District may secure the Services from another Consultant.

16. Indemnification. To the furthest extent permitted by California law, Consultant shall defend, indemnify, and hold free and harmless the District, its agents, representatives, officers, consultants, employees, trustees, and volunteers (“the indemnified parties”) from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity (“Claim”), to property or persons, including personal injury and/or death, to the extent that any of the above arise out of, pertain to, or relate to the negligence, recklessness, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants, or agents directly or indirectly arising out of, connected with, or resulting from the performance of the Services, the Project, or this Agreement, including without limitation the payment of all consequential damages.

17. Insurance.

17.1. The Consultant shall procure and maintain at all times it performs any portion of the Services the following insurance with minimum limits equal to the amount indicated below.

17.1.1. Commercial General Liability and Automobile Liability Insurance. Commercial General Liability

Insurance and Any Auto Automobile Liability Insurance that shall protect the Consultant, the District, and the State from all claims of bodily injury, property damage, personal injury, death, advertising injury, and medical payments arising performing any portion of the Services. (Form CG 0001 and CA 0001, or forms substantially similar, if approved by the District.)

17.1.2. Workers’ Compensation and Employers’ Liability Insurance. Workers’ Compensation Insurance and Employers’ Liability Insurance for all of its employees performing any portion of the Services. In accordance with provisions of section 3700 of the California Labor Code, the Consultant shall be required to secure workers’ compensation coverage for its employees. If any class of employee or employees engaged in performing any portion of the Services under this Agreement are not protected under the Workers’ Compensation Statute, adequate insurance coverage for the protection of any employee(s) not otherwise protected must be obtained before any of those employee(s) commence performing any portion of the Services. See Exhibit XX

17.1.3. Professional Liability (Errors and Omissions). Professional Liability (Errors and Omissions) Insurance as appropriate to the Consultant’s profession.

Type of Coverage Minimum Requirement

Commercial General Liability Insurance, including Bodily Injury, Personal Injury, Property Damage, Advertising Injury, and Medical Payments

Each Occurrence General Aggregate

$ 1,000,000 $ 2,000,000

Automobile Liability Insurance - Any Auto Each Occurrence General Aggregate

$ 1,000,000 $ 2,000,000

Professional Liability $ 1,000,000

Workers Compensation Statutory Limits


Employer’s Liability $ 1,000,000

17.2. Proof of Carriage of Insurance. The Consultant shall not commence performing any portion of the Services

until all required insurance has been obtained and certificates indicating the required coverage have been delivered to the District and approved by the District. Certificates and insurance policies shall include the following:

17.2.1. A clause stating: “This policy shall not be canceled or reduced in required limits of liability or

amounts of insurance until notice has been mailed to the District, stating date of cancellation or reduction. Date of cancellation or reduction shall not be less than thirty (30) days after date of mailing notice.”

17.2.2. Language stating in particular those insured, extent of insurance, location and operation to which insurance applies, expiration date, to whom cancellation and reduction notice will be sent, and length of notice period.

17.2.3. An endorsement stating that the District and the State and their agents, representatives, employees, trustees, officers, consultants, and volunteers are named additional insured under all policies except Workers’ Compensation Insurance, Professional Liability, and Employers’ Liability Insurance. An endorsement shall also state that Consultant’s insurance policies shall be primary to any insurance or self-insurance maintained by District.

17.2.4. All policies except the Professional Liability Policy shall be written on an occurrence form.

17.3. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII, unless otherwise acceptable to the District.

18. Assignment. The obligations and liabilities of the Consultant pursuant to this Agreement shall not be assigned

voluntarily by the Consultant nor assigned by operation of law. 19. Binding Contract. This Agreement shall be binding upon the Parties hereto and upon their successors and assigns,

and shall inure to the benefit of the Parties and their successors and assigns. 20. Compliance with Laws. Consultant shall observe and comply with all rules and regulations of the governing board of

the District and all federal, state, and local laws, ordinances and regulations. Consultant shall give all notices required by any law, ordinance, rule and regulation bearing on conduct of the Work as indicated or specified. If Consultant observes that any of the Work required by this Agreement is at variance with any such laws, ordinance, rules or regulations, Consultant shall notify the District, in writing, and, at the sole option of the District, any necessary changes to the scope of the Work shall be made and this Agreement shall be appropriately amended in writing, or this Agreement shall be terminated effective upon Consultant’s receipt of a written termination notice from the District. If Consultant performs any work that is in violation of any laws, ordinances, rules or regulations, without first notifying the District of the violation, Consultant shall bear all costs arising therefrom.

21. Certificates/Permits/Licenses. Consultant and all Consultant's employees or agents shall secure and maintain in

force such certificates, permits and licenses as are required by law in connection with the furnishing of Services pursuant to this Agreement.

22. Labor Code Requirements. If the Contract Price is more than $1,000, and the Work is a “public works” under the

Labor Code, the parties agree as follows: 22.1. The Work is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 22.2. District hereby provides notice of the requirements described in Labor Code § 1771.1(a) that a contractor or

subcontractor shall not be qualified to bid on, be listed in a bid proposal, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Labor Code § 1725.5.

22.3. Consultant acknowledges that all or a portion of the Services under this Contract are a public work, and that it and its subcontractors have complied with Labor Code § 1725.5, including, without limitation, the registration requirements thereof.


22.4. Consultant shall post all required job site notices and shall comply with all applicable requirements prescribed thereby, including but not limited to Labor Code § 1771.4.

22.5. Consultant shall comply with all applicable provisions of the Labor Code, Division 3, Part 7, Chapter 1, Articles 1 5, including, without limitation, the payment of the general prevailing per diem wage rates for public work projects of more than one thousand dollars ($1,000).

22.6. Copies of the prevailing rate of per diem wages are on file with the District. 22.7. Consultant and each sub-consultant shall comply with Chapter 1 of Division 2, Part 7 of the Labor Code,

beginning with § 1720, and including §§ 1735, 1777.5 and 1777.6, forbidding discrimination, and §§ 1776, 1777.5 and 1777.6 concerning the employment of apprentices by Consultant or sub-consultants. Willful failure to comply may result in penalties, including loss of the right to bid on or receive public works contracts.

23. Anti-Discrimination. It is the policy of the District that in connection with all work performed under contracts there

be no discrimination against any employee engaged in the work because of race, color, ancestry, national origin, religious creed, physical disability, medical condition, marital status, sexual orientation, gender, or age and therefore the Consultant 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 and District policy. In addition, the Consultant agrees to require like compliance by all its subcontractor(s).

24. Fingerprinting of Employees. Exhibit D -The Fingerprinting/Criminal Background Investigation Certification must be

completed and retuned with this Agreement prior to Consultant’s performing of any portion of the Services. 25. Disabled Veteran Business Enterprises. Section 17076.11 of the Education Code requires school districts using funds

allocated pursuant to the State of California School Facility Program for the construction or modernization of a school building to have a participation goal of at least three percent (3%), per year, of the overall dollar amount expended each year by the school district, for disabled veteran business enterprises (DVBE). In accordance therewith, the Consultant must submit, upon request by District, appropriate documentation to the District identifying the steps the Consultant has taken to solicit DVBE participation in conjunction with this Agreement, if applicable.

26. Interaction with the Media and Public. Consultant shall promptly refer all inquiries from the news media or public to

District and shall not make any statements to the media or the public relating to the Services. If Consultant receives a complaint from a citizen or the community, Consultant shall promptly inform the District about the complaint.

27. Taxes. Consultant shall be liable and solely responsible for paying all required taxes and other obligations, including but not limited to federal and state income taxes and social security taxes payable in connection with the Services and this Agreement. Consultant agrees to release, indemnify, defend, and hold District harmless from and against any worker’s compensation or any tax liability which District may incur to any Federal or State governments with jurisdiction as a consequence of this Agreement. All payments made to Consultant may be reported to the Internal Revenue Service.

28. No Rights in Third Parties. This Agreement does not create any rights in, or inure to the benefit of, any third party

except as expressly provided herein. 29. District’s Evaluation of Consultant and Consultant’s Employees and/or Subcontractors. The District may evaluate

the Consultant in any way the District is entitled pursuant to applicable law. The District’s evaluation may include, without limitation:

29.1. Requesting that District employee(s) evaluate the Consultant and the Consultant’s employees and

subcontractors and each of their performance. 29.2. Announced and unannounced observance of Consultant, Consultant’s employee(s), and/or subcontractor(s).

30. Limitation of District Liability. Other than as provided in this Agreement, District’s financial obligations under this

Agreement shall be limited to the payment of the compensation provided in this Agreement. Notwithstanding any other provision of this Agreement, in no event, shall District be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect or incidental damages, including, but not limited to, lost


profits or revenue, arising out of or in connection with this Agreement for the services performed in connection with this Agreement.

31. Disputes. In the event of a dispute between the Parties as to performance of Work, Agreement interpretation, or

payment, the Parties shall attempt to resolve the dispute by negotiation and/or mediation, if agreed to by the Parties. Pending resolution of the dispute, Consultant shall neither rescind the Agreement nor stop Work.

32. Confidentiality. The Consultant and all Consultant’s agents, personnel, employee(s), and/or subcontractor(s) shall

maintain the confidentiality of all information received in the course of performing the Services. Consultant understands that student records are confidential and agrees to comply with all state and federal laws concerning the maintenance and disclosure of student records. This requirement to maintain confidentiality shall extend beyond the termination of this Agreement.

33. Notice. All notices, certificates or other communications hereunder shall be sufficiently given and shall be deemed to

have been received as indicated below. 33.1. If notice is given by personal delivery thereof, it shall be considered delivered on the day of delivery. 33.2. If notice is given by overnight delivery service, it shall be considered delivered one (1) day after date

deposited, as indicated by the delivery service. 33.3. Any notice given by mail shall be effective three (3) days after deposit in the United States mail

Notices and communications between the Parties should be sent to the following addresses:

To District: To Contractor:

Long Beach Unified School District Facilities Development and Planning 2425 Webster Ave. Long Beach, CA 90810 Attn: Beth A. Smith Asst. Purchasing and Contracts Director

CONTRACTOR Address City, CA Zip Code Attn: Title: Phone: Email:

The Contractor and the District, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications will be sent.

34. Integration/Entire Agreement of Parties. This Agreement constitutes the entire agreement between the Parties and supersedes all prior discussions, negotiations, and agreements, whether oral or written. This Agreement may be amended or modified only by a written instrument executed by both Parties.

35. California Law. This Agreement shall be governed by and the rights, duties and obligations of the Parties shall be

determined and enforced in accordance with the laws of the State of California. The Parties further agree that any action or proceeding brought to enforce the terms and conditions of this Agreement shall be maintained in the county in which the District’s administrative offices are located.

36. Waiver. The waiver by either Party of any breach of any term, covenant, or condition herein contained shall not be

deemed to be a waiver of such term, covenant, condition, or any subsequent breach of the same or any other term, covenant, or condition herein contained.

37. Severability. If any term, condition or provision of this Agreement is held by a court of competent jurisdiction to be

invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force and effect, and shall not be affected, impaired or invalidated in any way.

38. Authority to Bind Parties. Neither Party in the performance of any and all duties under this Agreement, except as

otherwise provided in this Agreement, has any authority to bind the other to any agreements or undertakings. 39. Attorney Fees/Costs. Should litigation be necessary to enforce any terms or provisions of this Agreement, then each

Party shall bear its own litigation and collection expenses, witness fees, court costs and attorney’s fees.


40. Captions and Interpretations. Paragraph headings in this Agreement are used solely for convenience, and shall be wholly disregarded in the construction of this Agreement. No provision of this Agreement shall be interpreted for or against a Party because that Party or its legal representative drafted such provision, and this Agreement shall be construed as if jointly prepared by the Parties.

41. Calculation of Time. For the purposes of this Agreement, “days” refers to calendar days unless otherwise specified. 42. Signature Authority. Each Party has the full power and authority to enter into and perform this Agreement, and the

person signing this Agreement on behalf of each Party has been properly authority and empowered to enter into this Agreement.

43. Counterparts. This Agreement and all amendments and supplements to it may be executed in counterparts, and all

counterparts together shall be construed as one document. 44. Incorporation of Recitals and Exhibits. The Recitals and each exhibit attached hereto are hereby incorporated herein

by reference.

45. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein and this Agreement shall be read and enforced as though it were included herein.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date indicated below. Long Beach Unified School District By: Print Name: Beth A. Smith Print Title: Assistant Purchasing and Contracts Director Dated: ____________ _________________

Consultant By: Print Name: Print Title: Dated: _ _________________


EXHIBIT A

HAZARDOUS MATERIAL TESTING – DESCRIPTION OF SERVICES TO BE PERFORMED BY CONSULTANT Consultant’s entire Proposal is not made part of this Agreement. [IF A CONSULTANT PROVIDES AN ACCEPTABLE DESCRIPTION OF SERVICES AS PART OF A PROPOSAL, THAT DESCRIPTION OF SERVICES CAN BE ATTACHED WITHOUT ANY TERMS, CONDITIONS, LIMITATIONS, ETC., FROM THAT PROPOSAL.] The scope of Services are more specifically described herein.

Summary of Work in Exhibit A” by Phase

Amount

Phase I – Surveying & Investigation: Info to be provided by PM

$______

Phase II – Abatement and/or In-Place Management Plan: : Info to be provided by PM

$______

Phase III – Monitoring during Construction: Info to be provided by PM

$______

Close-Out. Info to be provided by PM

$______

Total

$______

1. GENERAL INFORMATION

1.1. The District has a zero tolerance policy for uncontrolled asbestos or lead releases during construction or abatement activities. An asbestos or lead release requiring an emergency response is any uncontrolled release of asbestos or lead-containing materials. The District’s Environmental Manager shall be immediately notified of all such uncontrolled releases of materials containing more than 0.1% asbestos or materials containing any amount of lead.

1.2. Consultants are not authorized to subcontract any work by staff requiring certification, with the exception of CIH, (e.g., CAC, CSST, and Lead: Inspector, Monitor, Designer, etc.) without the District’s prior written approval. Non-certified positions may be subcontracted (e.g., clerical, CAD operator, etc.).

2. SCOPE OF SERVICES

2.1. Phases: hazardous materials work will be completed in three (3) phases: Phase I: Survey and Investigation

Review existing documents, existing site conditions, and/or surveys of the project site that will be made available by the District. Reviews may include but are not limited to the following:

o Review Scope of Work, assess existing site conditions, review existing hazardous material reports prepared by others, as-built/record drawings (CD, if available), copies of relevant modernization design drawings currently in progress, and/or specification plans for proposed construction activities. Consultants will only finalize reporting on 100% plans, complete specifications and/or scope of work. No survey report should be developed on a partially planned/designed project. This will include:

Determining what type of work will occur on the project


Conduct a visual assessment of accessible areas. Perform an inspection of the locations involved in the project to determine what

materials will be impacted and will require sampling, or are in close proximity to the work and could be impacted, as a result of the project (e.g., mold, asbestos, lead, mercury, PCB, and other suspect conditions).The inspection will include accessing inaccessible spaces. This may require the use of a borescope and/or cutouts coordinated with District staff to view the interior of walls and ceiling spaces

Conduct a preliminary assessment to determine homogeneous areas and sampling schemes.

Review the District’s existing asbestos records, reports, and/or historical documentation to determine if the materials to be impacted or those that could be impacted contain lead or asbestos.

Collect bulk samples of suspect materials not identified as positive or negative for asbestos content and lead.

Take bulk samples of all materials that are suspected to be hazardous including all unmarked containers containing unknown substances as follows:

Sample paint and window caulking and test for metals

Sample caulking and other PCB suspected materials and test for polychlorinated biphenyls (PCBs)

Count the number of fluorescent light ballasts, fluorescent bulbs, and mercury vapor lights.

Count the number of mercury thermostats and light switches.

Count the number of cooling units, air conditioners, and water fountains and evaluate for Freon.

Other suspect conditions – Sample as required For mold related services, have available staff qualified and experienced in conducting

mold related surveys and sample collection assess the site. Additionally, Consultant must have on staff or available under contract a Certified Industrial Hygienist knowledgeable and capable of directing site assessments and testing and analysis of both air and tape lift samples; evaluation of findings of site assessments and sample results, and making recommendations for mitigating mold growth.

When a project requires access to an attic or crawl space under a building the Consultant, upon inspecting and determining there is no ACM or ACM debris, will notify District Staff so a verification inspection can be conducted. If the District does not agree, a letter outlining the findings will be provided to the Consultant.

Take digital photographs of special site conditions, anomalies, and for describing conditions more clearly. Where consultant identifies suspected contamination in occupied spaces these should be documented with digital photographs.

o The consultant may be assigned to work in cooperation with an architectural/engineering firm or group to address the existing asbestos and lead issues during the development of the project. The consultant will be required to collect information about the project from the District staff or construction consultant as necessary to determine full scope of the project.

o Review general contractors’ shop drawings. o Review Asbestos Management Plan, Survey Reports, and supplemental bulk sample and

analysis reports and reports prepared by consultants on prior projects. o Determine whether existing bulk sampling data is adequate to determine the presence or

absence of asbestos within the material sampled as required by the Asbestos Hazard Emergency Response Act (AHERA) and Asbestos School Hazard Abatement Reauthorization Act (ASHARA) sampling protocol.

Bulk sample suspect asbestos-containing building materials not previously identified as asbestos-containing or non-asbestos-containing. Perform confirmatory bulk sampling of suspect building materials per AHERA/ASHARA sampling protocol or where existing bulk sampling data is inconclusive.

Conduct Polarized Light Microscopy (PLM) analysis of suspect ACM in accordance with United States Environmental Protection Agency (USEPA) protocol as found in the Asbestos Hazard Emergency Response Act (Code of Federal Regulation, Section 40, Part 763).


Perform a building inspection of areas to be disturbed by proposed construction activities and identify the presence of painted surfaces and report on the existing condition of the painted surface.

Conduct x-ray fluorescence (XRF) sampling of painted surfaces to assess lead content. If inconclusive, sample tests are to be provided.

Where hardwood flooring is required to be sanded collect bulk samples of the varnished and/or painted surfaces not previously identified as lead-containing or non-lead-containing by bulk sampling.

Where a building is scheduled for sandblasting bulk samples will be collected of paint on surfaces to receive such sandblasting to determine lead content.

All other painted surfaces will be assumed to contain lead and will require the contractor to comply with Standard Specifications, contract requirements, and all Federal, State, and local regulations.

Complete the CDPH Form 8552 and submit in accordance with Title 17, Article 16, Section 36000 for all surfaces tested.

Site assessments for mold will include, but not necessarily be limited to, visual inspections, olfactory assessment, and moisture readings of suspect affected surfaces, and where necessary boroscope investigation. In some cases Infrared detection of moisture may be necessary. CIH recommendations will include specifications for how mold growth should be mitigated so these can be used for contracting purposes. Report associated with the mold assessment must be reviewed, approved, and signed by a CIH.

Establish a survey and inspection plan of the project site in order to create a complete and thorough set of abatement plans, in place management plans if applicable, and contract documents.

Collect samples of existing building materials for analysis of potential hazardous materials. Provide for the analysis of the building and facility materials samples by an accredited lab and develop detailed laboratory test result reports. Use the field review and sample collection information and analysis to develop the abatement plan and/or in-place management plans if applicable.

The physical assessment of the project site and work area to be impacted by the project, along with all necessary bulk sampling should be completed within ten (10) calendar days from the Notice to Proceed (NTP).

Consultant shall provide 72 hour notice to the designated representative of the District prior to starting any on-site assessment or sampling. The Consultant shall notify the District representative for all work to be performed, including the date and time of the consultant’s visit. Sampling may only be performed when staff and students are not present in the areas to be sampled. The Consultant shall not displace staff or students for sampling purposes.

Determine whether sampling data is adequate to confirm or negate the presence of hazardous containing material.

Determine quantity and location of all hazardous materials on the project site, including asbestos, PCB, mercury, lead and other hazardous materials as defined by the State of California. Develop a complete and detailed hazardous building material survey and investigation of the buildings and facilities at the project site that the District shall use as a construction contract document and provide three (3) copies of the report to the District Environmental Manager along with one (1) electronic copy.

If a report is reviewed during the randomly selected quality control checks and is found to require a revision, the corrected report shall be returned to the District within 7 calendar days after notification of correction.

The District will not be reviewing every report. The consultant shall assume that the submitted report will be forwarded for inclusion into the Bidding Document with no review. Reports found to be in error or deficient shall be corrected, clarified, fixed or revised, without additional compensation.

On all pages of the report, the address of the site and name of the proposed school shall be listed. The table of contents shall include at a minimum the following information, with a note clarifying items that are not applicable and justification:

o Section (e.g., Asbestos, Lead, Mold, or other suspect hazardous materials), Title, Page number o List of acronyms o List of definitions o Executive summary, introduction, purpose, and scope of services o Discussion of Historical Data o Scope of work


o Visual survey, sampling methodology, and analytical procedures o Discussion of survey findings by material type (i.e., asbestos, lead, mold, PCBs, or other suspect

materials) and location including impacts and basis for the results or assumption o Type of impact anticipated by the work planned as it relates to material type (i.e., asbestos,

lead, mold, PCBs, or other suspect materials). o Identify any irregularities encountered during the inspection and including listing any portions

of the project site that were not inspected o Individual detailed section for asbestos including but not limited to recommendations for

properly managing asbestos containing materials (ACMs), AHERA/ASHARA compliance, documentation etc.

o Individual detailed section for lead including but not limited to recommendations for properly impacting lead-containing materials and any paint stabilization that will be required before such impact or potential impact, recommendations to avoid disturbing lead-containing materials where feasible, and CDPH Form 8552 and required supporting documents not listed herein

o Mold site assessment including but not limited to: visual inspections, olfactory assessments, digital photographs, and moisture readings of suspect affected surfaces, and boroscope investigation results. This assessment shall also include sample results and CIH mitigation recommendations related to mold site assessment. In some cases this will include Infrared detection of moisture. A report will be prepared and submitted to the District Environmental Manager including the findings of the investigation and sampling, photographs, the extent of mold growth, and recommendations for mitigating the mold growth. All reports must be reviewed, approved, and signed by a CIH. The mold site assessment report must be reviewed approved, and signed by a CIH.

o Conclusions and recommendations for approved work practices of handling of disturbances o General recommendations and notes o Confidentiality and Limitations o Appendix A – Test Results by XRF, PLM, and/or Bulk Samples o Appendix B – Site Drawings o Appendix C– Sample location drawings for hazardous-containing materials (building number,

bulk sample ID numbers, location, and date for historical and new) o Appendix D – Tables – Building numbers, bulk sample ID numbers (where applicable), results,

and a summary of hazardous containing materials anticipated to be impacted, and the room and location designation

o Appendix E – Location and component type of hazardous-containing material anticipated to be impacted by building number and material

o Appendix F – Consultants’ sample analytical results with laboratory chain of custody and proof of laboratory certification

o Appendix G – Chain of custody for returned samples o Appendix H – RCRA, non-RCRA, and non-hazardous manifest templates o Appendix I – Consultant’s certifications o Appendix J – Scope or Work o Appendix K – Consultant’s Checklist (in Draft Report Only)

Phase II: Abatement Plan and/or In Place Management Plan, if applicable, and Contract Documents

Meet with the District Representatives as needed to decide what abatement steps should be undertaken in connection with the modernization plans for the Site and -prepare removal specifications and plans, identifying all items that require abatement prior to demolition

Prepare an abatement plan and/or in place management plan, if applicable, for the project site that the District shall use as a construction contract document. The abatement plan, at a minimum, shall describe the quantity and location of all hazardous materials (i.e., asbestos, lead, PCBs, mold, or other suspect materials), provide for a plan of abatement and removal, work area preparation, describe specific abatement procedures including testing, handling, disposal and on site monitoring requirements for the abatement of the building materials and systems that contain hazardous materials. The in place management plan, if applicable, shall at a minimum, describe the quantity and location of all hazardous


materials, provide for a plan associated with in-place management, work area preparation, describe specific procedures including testing, handling, and on site monitoring requirements for the in place management of the building materials and systems.

Prepare plans and specifications that shall be included in bidding and construction contract documents.

Prepare a cost estimate of the abatement work and/or in-place management work.

Specifications prepared require asbestos and lead abatement work to be performed in compliance with Federal and State laws and District Standards (e.g., 40 CFR, Part 763, Subpart E; 40 CFR, Part 61, Subparts A & M; CCR Title 8, Section 1529; and SCAQMD Rule 1403, etc.).

Design a lead abatement or lead related construction scope of work and site specific specifications as required. This will become part of the contract documents for the construction project.

For mold related work, CIH recommendations will include specifications for how mold growth should be mitigated so these can be used for contracting purposes. Report associated with the mold assessment must be reviewed, approved, and signed by a CIH.

Confine scope of work to areas specified in the Notice to Proceed (NTP).

Where more than one option is available to be used during construction the Consultant shall provide the options to the District and design the abatement or lead related construction work using the option selected by the District.

Coordinate with District, Architect, Construction Manager and other Consultants and with Government agencies having jurisdiction as required to ensure that the projects contract documents incorporate all requirements of the hazardous material consultant’s recommendations and the consultant’s abatement plans and/or in place management plans.

Consultant shall review the projects demolition plans and ensure all hazardous materials (i.e., asbestos, lead, mold, PCBs, and other suspect hazardous materials) affected by demolition are indicated to be removed and properly disposed of as required by governing laws and regulations and also to ensure a safe working environment and to eliminate the potential exposure of people from hazardous materials.

Phase II abatement plans, in-place management plans if applicable, and applicable designs will be included as an attachment of the District’s bid and contract documents for the project in which it was prepared. Any errors or discrepancies identified during quality assurance review activities shall be returned to the Consultant for correction without any further compensation within seven (7) days.

Provide consulting services associated with the bidding of hazardous material abatement Work and/or in place management Work, including but not limited to, attending pre-bid meetings and job walks, responding to questions by the contractor and preparation of bid addenda. Phase III: Monitoring During Construction

Attend the pre-bid meeting and describe at the pre-bid meeting what asbestos, lead, and hazardous materials are affected by the project and what will be required of the contractor. Discuss what paint impact is affected by the project and what will be required of the contractor during such impact. Evaluate project bids for abatement work and/or in place management work and bidders experience and references to make recommendation of award.

Attend weekly project meetings, and any other meetings, as required.

Review general contractor’s submittals, shop drawings, hazardous remediation plan, worker certificates, medical clearances, respirator fit tests and Injury Illness Prevention Plan (IIPP).

Review general contractor’s means and methods of performing proposed activities when required to be submitted as part of the contract.

Conduct pre-construction meetings as it relates to demolition, asbestos, lead, and hazardous material abatement work and/or in place management work.

Coordinate and establish with the Contractor and the Site Administrator a project start date and schedule for progress of the abatement work and/or in place management work. Work is to be scheduled through the Consultant. Some start dates will be in conjunction with the General Contractor’s start date.

Monitor and manage abatement, in-place management work, and/or hazardous materials related construction work in strict compliance with the District’s contract requirements, including scope of work, Standard specifications, air monitoring, wipe sampling, necessary testing, and other contract requirements.


Notify the District of all abatement or in place management work that is scheduled to be performed by emailing a copy of the notification to SCAQMD or DOSH, or in the absence of such a notice being required, by other written notification. The notification shall at a minimum include date, site, and buildings to be involved. Additional detail may be requested on a project by project basis.

Provide written notice to the school administrator 30 days in advance of an impending asbestos abatement project as required by AHERA. The site administrator must notify parents and staff timely.

Manage and monitor abatement, in place management work, and/or hazardous material related construction work to ensure completion of the scope of work in the contract between the General Contractor and/or Asbestos Abatement Contractor, Lead Abatement Contractor, Hazardous Material Abatement Contractor, and the District. Conduct ACM and LCM abatement compliance inspections, including environmental and clearance air monitoring, quality control and assurance programs for field sampling.

Consultant will monitor the abatement work to ensure compliance with contract specifications and all federal, state, and local regulatory requirements applicable to such work.

The Consultant shall attend the pre-job conference and ensure the Contractor, the contractor’s designated supervisor/competent person, the site administrator (or designee), and the Plant Manager, have been notified of the date, time, and location of the meeting. At the pre-job conference the Consultant shall provide direction to the Contractor regarding their limitations, the site administrator regarding the protective measures used during the project and ensure parents and staff are/were notified, and collect from the Contractor all documentation required before the project begins. These shall include the following:

o Notification to the agencies that require such notices. o Negative exposure assessment to be relied upon by the Contractor for the project. o Documents verifying current respirator fit test, medical surveillance, and training for

all employees anticipated to work on the project and that will be required to wear respirators.

o Training certificates for abatement workers and proof of 16-hour asbestos awareness training for workers performing minor impact.

o Current Certified Asbestos Consultant certifications by the California Division of Occupational Safety and Health.

o Current State of California Department of Public Health Lead Certification for Inspector/Assessor, Project Designer, Supervisor, or Project Monitor as necessary for all staff performing lead-related services.

o Current Certified Industrial Hygienist Certifications. o Specifications for all equipment to be used on the project. o Filter change history for all air filtration units, vacuums, and water filtration

equipment. o Copies of the Contractor’s License, DOSH registration, and CDPH registration. o List including the transporter to be used for waste and the landfill in which waste shall

be deposited.

Inspect the set-up of the Contractor’s containment and be satisfied the setup is acceptable to meet specifications and industry standards before allowing the Contractor to proceed with abatement activities.

Provide complete demolition and hazardous material abatement and/or in place management construction field monitoring, including all air monitoring, sampling and testing. Consultant’s monitoring of contractor’s operations shall ensure compliance with the abatement plan and/or in place management plan prepared by the Consultant and result in the proper removal and final disposal and disposition of hazardous materials that exist on the project site.

Collect asbestos air samples during abatement work and analyze within twenty four (24) hours. Clearance air samples at conclusion of abatement work shall be analyzed in accordance with the requirements of the Asbestos Hazard Emergency Response Act (AHERA), the Asbestos School Hazard Abatement Reauthorization Act (ASHARA), 40 Code of Federal Regulations (CFR), Environmental Protection Agency (EPA) rules regarding asbestos containing materials in schools and other applicable requirements of responsible regulatory agencies.


Daily, or as required by site/project conditions, the Consultant shall inspect the containment from the outside and the inside to ensure the containment remains intact. The Consultant shall exercise such authority so as to stop removal or other abatement activities if containment does not pass daily inspection. The Consultant shall have the Contractor make repairs to containment as necessary before allowing further work to proceed.

For Lead abatement, in place management, and/or lead related construction work, the Consultant shall manage and monitor this work. Full time monitoring for this work is not required, however the frequency will be determined by the quality and cooperation of the contractor performing the work.

Inspect the actual work process as necessary to ensure it is being performed according to all contractual and legal requirements, as well as, general safe work practices.

Photograph conditions and incidents that appear out of the normal process, as determined by the Consultant, in which there is a potential for discrepancy or contest with the contract specifications and/or legal requirements.

Notify the District whenever work stoppage is ordered for more than minor infractions. Submit to the District the photographs taken, via email, for further direction.

When a project entails abatement of attics, crawl spaces under buildings, and/or decontamination of such spaces, the Consultant will notify the District to perform or schedule a verification inspection.

Inspect application of the lock down encapsulant to ensure all surfaces have an even and distributed coat applied and the proper encapsulating materials are being used.

Ensure the Contractor operates the air filtration units, where such units are required to be used on a project, following the lock down material application for a minimum of 12-hours before clearance air sampling is performed.

Notify the District in writing prior to collecting clearance air samples, which shall include the date and time schedule for collecting air samples as well as the site name and address.

Collect air samples for the purpose of providing a clearance for occupancy of the abatement area as required by AHERA, and as specified here.

If the contained area is clear for entering, the Consultant shall inform the Contractor and arrange to have the containment removed within 24-hours of the notification.

If the area does not pass the criteria established by AHERA, THE Consultant shall notify the Contractor to arrange to have the Contractor re-clean this work space within 24-hours of the notification. Following the re-cleaning the Consultant shall again follow the procedure for occupancy clearance sampling. This procedure shall continue until the area achieves clearance as required by AHERA and the contractual requirements. The Consultant shall notify the District of all abatement areas that fail to pass clearance monitoring as a result of a fiber concentration in excess of the AHERA standard. This notification shall include the cost to perform the collection of air samples and the cost of analysis if performed by the Consultant.

Notify the District and the contractor in writing when the Contractor has completely removed from the site the containment and all equipment, waste containers, and other items belonging to or provided by the Contractor.

Upon completion of the work and not more than three (3) work days from the completion date, the consultant shall inspect the areas accessed by the Contractor and make a list of any corrective items relating to the contractual requirements or damage caused by the Contractor in the course of the contract execution. This list shall be provided to the District who will provide this to the Contractor. The Contractor shall have 35-days in which to complete, repair, or replace any items not completed, damaged, or to provide any items yet to be submitted as required by the contract.

Upon completion of lead related abatement or construction activities, Inspect the entire surface from which lead paint materials or materials coated with lead paint have been removed or worked on, as well as the entire containment setup, polyethylene used in the containment setup, the decontamination activities, and any other item, equipment or material within the isolated/regulated area. Verify that all surfaces are free of visible debris before performing clearance monitoring or releasing the work area for normal occupancy. Notify the Contractor of the clearance test results or release of containment by visual inspection, whichever applies, once these are available, but no later than the following workday at 8:00 AM. If the contained area is clear for entering, inform the contractor and arrange to have the containment removed within 24-hours of the notification. If the area does not pass the criteria


established for clearance, notify the contractor and arrange to have the Contractor re-clean this work space within 24-hours of the notification. Following the re-cleaning, again perform clearance monitoring. This procedure continues until the area achieves the clearance criteria.

Characterize wastes materials from hazardous materials abatement work. Waste characterization shall be performed in accordance with applicable requirements of responsible regulatory agencies. This includes characterization of wastes as hazardous waste and/or Resource conservation Recovery Act (RCRA) hazardous waste.

Verify the Uniform Hazardous Waste Manifest, when required, has been submitted and reviewed by the District for completeness a minimum of 48-hours prior to the date the waste is to be removed from the site. Provide waste specific information for inclusion on the manifest. No hazardous waste may be transported away from a District site without a manifest.

o Complete the quantity portions of the manifest and sign on behalf of the District verifying the information on the manifest is correct. Original copies of this manifest shall be submitted to the District within 48-hours.

o Retain copies for inclusion in the close-out document submittal.

Inspect the site at the end of the 35-day period, or upon notification by the Contractor that the work is complete, whichever comes first. If corrective items listed are not complete, the Consultant shall notify the Contractor and the District within 24-hours of this inspection.

Submit all original paper work required to be maintained by the contract documents, this agreement, and by law to the District within the required timeframes. Included in the final submittals shall be a signed statement by the Consultant that all work required by the contract was monitored and performed in compliance with regulatory requirements and District standards.

The Consultant shall not have, assume, or exercise authority to change, deviate, alter, or modify any contract, contract specifications, contract conditions, or contract plans awarded by the District. The Consultant may identify circumstances within a project that appear to need changing, if so this is to be communicated in writing to the District with reasons and justifications. Any change in the scope of work requires that change to be reviewed by the consultant to ensure whatever additional impact, if any, to asbestos containing materials is addressed in the specifications. If impact will occur a revised abatement plan or in place management plan would be required.

Provide efficient coordination and scheduling between demolition contractor, general contractor, construction manager, District’s Inspector of Record, and District’s Project Manager.

Within thirty (30) days of completion of the abatement work, Consultant shall provide District documentation detailing abatement work completed, results of monitoring and contractor observations, results of clearance sampling, copies of waste manifests for the disposal of hazardous and non-hazardous waste for the Project site, site inspection reports (daily field reports) of abatement activities and summary of abatement activities, abatement activity personnel, and certification that the abatement activities complied with all applicable Health and Safety laws, guidelines, and requirements of Cal/OSHA Title 8, California Department of Education (CDE), Department of Toxic Substances Control (DTSC), and the California Division of the State Architect (DSA)

Closeout Report Minimum Requirements: On all pages of the report, the address of the site and name of the proposed school shall be listed. The table of contents shall include at a minimum the following information, with a note clarifying items that are not applicable and justification:

o Section/Title/Page o Acronyms o Definitions o Executive Summary o Introduction o Scope of Work o Methodology o Standards o Discussion and Results o Conclusions o Appendix A – Abatement Work Plan o Appendix B – Agency Notification/Correspondence o Appendix C - Daily Field Reports


Job Start Meeting Documents Abatement Activity Personnel Inspector’s Job Record Personnel Log Code of Conduct Notice of Completion Personnel Report Work Activity Survey of Conditions

o Appendix D – Worker’s Documentation Sign In Sheets and Personnel Log Personnel Air Sampling Results

Laboratory Results

Air Monitoring Data Sheets Employee or Worker Certificates

Training Certificates

Medical Certificates

Respiratory Fit Tests o Appendix E – Perimeter Air Sampling Data Sheets and Laboratory Results o Appendix F – Clearance Air and Wipe Sampling Data Sheets as appropriate, Laboratory Results,

Clearance Forms, and Minor and Major Abatement Forms with required attached documentation

o Appendix G – Accreditation for Laboratory and Personnel o Appendix H – Waste Manifests for RCRA, non-RCRA, and non-hazardous shipments o Appendix I – Photo-log o Appendix J – Licenses, Certifications, and Registration

California State Contractor License Cal/EPA Notification & Hazardous Waste Generator Identification Cal/OSHA Certificate of Registration, where applicable Cal/EPA Hazardous Waste Transporter License CHP Hazardous Material Transportation License Insurance Certificate Accreditation Certificate Other related certificate or registration or additional project specific requested

information

Provide all closeout documentation, as required by State and/or Federal regulation, as required by the District, and other closeout activities with the outcome of the closeout activities being the approval of the remediation efforts by all Government Agencies having jurisdiction over the project. Consultant shall ensure that key personnel are Certified Lead Inspectors and Assessors and Project Monitors by the California Department of Public Health and Certified Asbestos Consultants by the California Division of Occupational Safety and Health. All work shall be reviewed by a Certified Industrial Hygienist (CIH)

2.2. Provide project support and analytical services for an emergency or planned repair, renovation, and

demolition projects as required by the District.

2.3. Work shall be performed in accordance with:

2.3.1. Asbestos Hazard Emergency Response Act (AHERA), 2.3.2. Title 8 of the California Code of Regulations, including Sections 1529 and 1532.1, 2.3.3. Education Code Section 49410 et seq., 2.3.4. Health and Safety Code section 25914 et seq., 2.3.5. Labor Code Section 6501 et seq., and 2.3.6. All applicable local, state and federal laws, all in support of the construction commencing

throughout the District.


.


EXHIBIT B

PRICES FOR SERVICES


EXHIBIT C

WORKERS’ COMPENSATION CERTIFICATION

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 self-insure 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.

Date: Name of Consultant or Company: Signature: Print Name and Title: (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 filed with the District prior to performing any Work under this Agreement.)


EXHIBIT D

FINGERPRINTING/CRIMINAL BACKGROUND INVESTIGATION CERTIFICATION One of the three boxes below must be checked, with the corresponding certification provided, and this form attached to the Independent Consultant Agreement for Professional Services (“Agreement”):

[TO BE COMPLETED BY AUTHORIZED DISTRICT EMPLOYEE ONLY.] Consultant’s employees will have only limited contact, if any, with District pupils and the District will take appropriate steps to protect the safety of any pupils that may come in contact with Consultant’s employees so that the fingerprinting and criminal background investigation requirements of Education Code section 45125.1 shall not apply to Consultant for the services under this Agreement. As an authorized District official, I am familiar with the facts herein certified, and am authorized to execute this certificate on behalf of the District. (Education Code § 45125.1 (c))

District Representative’s Name and Title:

Signature: Date:

The fingerprinting and criminal background investigation requirements of Education Code section 45125.1 apply to Consultant’s services under this Agreement and Consultant certifies its compliance with these provisions as follows: “Consultant certifies that the Consultant has complied with the fingerprinting and criminal background investigation requirements of Education Code section 45125.1 with respect to all Consultant’s employees, subcontractors, agents, and subcontractors’ employees or agents (“Employees”) regardless of whether those Employees are paid or unpaid, concurrently employed by the District, or acting as independent contractors of the Consultant, who may have contact with District pupils in the course of providing services pursuant to the Agreement, and the California Department of Justice has determined that none of those Employees has been convicted of a felony, as that term is defined in Education Code section 45122. 1. A complete and accurate list of all Employees who may come in contact with District pupils during the course and scope of the Agreement is attached hereto.”

Consultant’s services under this Agreement shall be limited to the construction, reconstruction, rehabilitation, or repair of a school facility and although all Employees will have contact, other than limited contact, with District pupils, pursuant to Education Code section 45125.2 District shall ensure the safety of the pupils by at least one of the following as marked:

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

_____ Continual supervision and monitoring of all Consultant’s on-site employees of Consultant by an employee of Consultant, ________________________, whom the Department of Justice has ascertained has not been convicted of a violent or serious felony.

_____ Surveillance of Employees by District personnel. [TO BE COMPLETED BY AUTHORIZED DISTRICT EMPLOYEE ONLY.] District Representative’s Name and Title: Signature: Dated:

Megan’s Law (Sex Offenders). I have verified and will continue to verify that the employees of Contractor that will be on the Project site and the employees of the Subcontractor(s) that will be on the Project site are not listed on California’s “Megan’s Law” Website (http://www.meganslaw.ca.gov/). [MUST BE COMPLETED BY CONSULTANT’S AUTHORIZED REPRESENTATIVE.] I am a representative of the Consultant entering into this Agreement with the District and I am familiar with the facts herein certified, and am authorized and qualified to execute this certificate on behalf of Consultant.

Name of Consultant or Company:

Signature: Dated:



Exhibit H – Local Hire Procedure

Measure K Local Hiring Procedure