RFP No.

39-1-212013

REQUEST FOR PROPOSAL NO. 39-1-212013

MATERIALS TESTING AND SPECIAL INSPECTION SERVICES

POWAY UNIFIED SCHOOL DISTRICT ATTN: FACILITIES, MAINTENANCE AND OPERATIONS OFFICE BUILDING 900, 13626 TWIN PEAKS ROAD POWAY, CA 92064-3034

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REQUEST FOR PROPOSAL: Materials Testing and Special Inspection Services The Request for Proposals and forms (if not included herein) may be obtained from the Poway Unified School District, Attn: Facilities, Maintenance and Operations Office, 13626 Twin Peaks Road, Building 900, Poway, CA 92064-3034. Please contact Barbie Shrier Administrative Assistant via fax at (858) 486-4197with any questions. Proposals must be received at the Poway Unified School District at the above address no later than 3:30 P.M. (PST) on February 15, 2013.

NOTICE REGARDING DISCLOSURE OF CONTENTS OF DOCUMENT

All responses to this Request for Proposals (RFP) accepted by the Poway Unified School District (District) shall become the exclusive property of the District. Upon opening, all proposals accepted by the District shall become a matter of public record and shall be regarded as public information, with the exception of those elements of each proposal which are identified by the preparers as business or trade secrets and plainly marked as trade secret, confidential or proprietary. Each element of a proposal that an applicant desires not to be considered a public record must be clearly marked as set forth above, and any blanket statement (i.e., regarding entire pages, documents, or other non-specific designations) shall not be sufficient and shall not bind the District in any way whatsoever. If disclosure is required under the California Public Records Act or otherwise by law (despite the preparers request for confidentiality), the District shall not in any way be liable or responsible for the disclosure of any such records or part thereof.

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TABLE OF CONTENTS

Section I Section II Section III Section IV Section V

Introduction General Description Scope of Services Information and Instructions to Proposers General Specifications

Exhibits: Exhibit A: Exhibit B: Exhibit C: Exhibit D: Scope of Services Price Proposal Sample Agreement Form W-9: Request for Taxpayer Identification Number and Certification Notice of Criminal Background Check

Exhibit E:

Request for Proposal

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MATERIALS TESTING AND SPECIAL INSPECTION SERVICES

SECTION I - INTRODUCTION The Poway Unified School District (PUSD) is soliciting proposals from qualified firm(s) (Consultants) to provide Materials Testing and Special Inspection Services for the construction of New School #39. General services include, but are not limited to: Materials Sampling and Laboratory Testing Services, Field-Construction Site Testing Services, and registered Special and ICBO Inspection Services. A. PURPOSE The purpose of this Request for Proposal (RFP) is to solicit proposals from qualified firms for performing services in compliance with applicable Laws and Regulations as needed in conjunction with the PUSD Schools New Construction Program. SUBMITTAL OF RESPONSES The pricing for the services must be submitted, must address all anticipated services and be applicable through the entire duration of project construction through completion. PROPOSALS MUST BE RECEIVED BY 3:30PM (PST) on February 15, 2013.

(Proposals received after that date and time may be considered ineligible for review at the Districts discretion.)
MARK ENVELOPES CONTAINING PROPOSALS: MATERIALS TESTING AND SPECIAL INSPECTION SERVICES FOR NEW CONSTRUCTION OF SCHOOL #39 RFP 39-1-212013

Submit to: POWAY UNIFIED SCHOOL DISTRICT FACILITIES, MAINTENANCE AND OPERATIONS OFFICE- BUILDING 900 13626 TWIN PEAKS ROAD POWAY, CA 92064-3034 ATTN: BARBIE SHRIER

SECTION II - GENERAL DESCRIPTION A. BACKGROUND The District utilizes the services of Consultants to help ensure that its activities, especially as they apply to facilities improvement projects on new and existing school sites, are in 5 of 47

RFP 39-1-212013

compliance with all applicable regulations. Consultants providing Services to the District shall have a thorough working knowledge of the Facility Master Plan and shall work collaboratively with the District and its Consultants towards effective and successful project implementation. 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 Consultants submitting a response to this RFP should be extremely knowledgeable of all Code requirements applicable to the Project 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. All Consultants submitting a Proposal in response to this RFP are in no way guaranteed to receive any work from the District. B. PROJECT SITES/SERVICES The potential project site includes new school #39 located within the boundaries of the Poway Unified School District. The District will issue an individual Service Authorization Order (SAO) describing the services required for the subject site/project as needed. A Notice to Proceed (NTP) will be issued for each SAO. At the time of SAO initiation, the necessary project detail and scope or work, information will be made available by the District.

SECTION III - SCOPE OF SERVICES A. KEY FUNCTIONS OF THE CONSULTANT The Consultant will be required to provide estimates and proposals, using the pricing proposal for the specific format shown in Exhibit B services requested for each project or assignment and upon reaching agreement with the District and issuance of a SAO, perform the required services in accordance with the provisions of the SAO and the District-Consultant Agreement.

B. DESCRIPTION OF REQUIRED SERVICES The anticipated services to be provided will include some or all of the sampling, testing, and special inspection services identified in Exhibit A of this RFP. C. SCHEDULE AND DEADLINES 1. Authorized District staff will provide the consultant with a scope of the required service(s) for the subject Service Authorization Order (SAO). 2. The completion dates for the services covered by the subject (SAO) will be included in the service authorization.

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3. Upon issuance of the SAO by the consultant shall commence work within five (5) working days. The consultant shall obtain all plans and/or scope of work from the designated representative of the District.

SECTION IV - INFORMATION AND INSTRUCTIONS TO PROPOSERS The following information is required in the proposal and should be submitted as follows:

A.

PROPOSAL CONTENTS 1. Transmittal Letter (not to exceed 1 page)

The proposal should contain a cover letter and introduction, including the company name, address, and the name of the point of contact (POC), telephone number, facsimile number and e-mail address of the POC or persons authorized to represent the company regarding all matters related to the proposal. A person authorized to bind the firm to all commitments made in the proposal shall sign this letter. The letter must also contain the following statement: We have read the Districts Request for Proposal (RFP) for services and fully understand its intent. We certify that we have adequate personnel, equipment, and facilities to provide the District with the services that we have indicated we can provide. We understand that our ability to meet the criteria outlined in this RFP shall be judged solely by the District. 2. Qualifications of the Proposing Firm or Team (not to exceed 3 pages): Point Value: 40

Include a description of the proposers firm or team, including the range of the firms capabilities and services, size, and length in time in operation. Identify the roles of each person assigned and provide a summary of their relevant experience in these roles. Also, please provide background information for each person assigned to this project, including education and previous experience. Be specific on which tasks will be performed inhouse by the firms employees and which will be subcontracted to other firms. Personnel information for all subcontractors shall be as specific as that provided for the firms employees. One copy of prepared promotional material (company brochures) for each firm on the team may be included. Consultant shall state in the Proposal if the proposed staff has already satisfied the Districts fingerprinting requirement described in Exhibit G. 3. Relevant Experience and Past Performance (not to exceed 3 pages): Point Value: 30

An evaluation of the proposers experience, past performance and quality of work will be performed by the District. Provide a list of relevant experience on similar projects and projects within San Diego County, and distinguish between the experience of the firm and 7 of 47

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the experience of individuals. Describe the firms role in similar projects, as well as the outcome and implementation of those projects. Please do not submit copies of work samples or prior projects. 4. Methodology and Approach (not to exceed 2 pages): Point Value: 20

Provide a recommended approach and methodology for this Project. Provide a detailed description of tasks included in the Scope of Services, including draft and final reports, meetings, site visits, public hearings, and any other proposed tasks. 5. Pricing Point Value: 10

The proposal shall include the respondents proposed schedule of fees for the menu of services (See Exhibit B). Please indicate the persons who will be specifically assigned to this effort, including their positions in the firm. References Please provide five references for contracts similar in nature and scope to this procurement. Provide the name of agency/company, address, the name of the point of contact, telephone number, and contract amount/price, description of work/service provided and period of performance.

B. SCHEDULE The following is a tentative schedule of events: DATE February 15, 2013 February 18, 2013 February 19, 2013 EVENT Proposal Due Date Consultant Interviews (if necessary) Notification of Selected Consultant

C.

WHERE AND WHEN TO SUBMIT PROPOSAL

One unbound original and three (3) bound copies of the proposal must be submitted. All proposals must be complete and sealed. Digital and/or Facsimile (FAX) copies are not acceptable. The single copy of pre-printed promotional material should not be bound with the proposal. MARK ENVELOPES CONTAINING PROPOSALS:

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MATERIALS TESTING AND SPECIAL INSPECTION SERVICES FOR NEW CONSTRUCTION OF SCHOOL #39 RFP 39-1-212013 AND SUBMIT TO: POWAY UNIFIED SCHOOL DISTRICT Facilities, Maintenance and Operations Office Building 900 13626 TWIN PEAKS ROAD POWAY, CA 92064-3034 ATTN: BARBIE SHRIER

PROPOSALS MUST BE RECEIVED BY February 15, BY 3:30PM (PST) (Proposals received after that date and time will be reviewed at the Districts discretion.)

D.

EVALUATION PROCESS AND CRITERIA

The District reserves the right to refuse all proposals and to waive any minor and/or technical submittal requirements if it is in the Districts best interest to do so. The proposer must satisfy the District of its ability to perform the services required. The proposer must demonstrate a thorough understanding of each of the tasks identified in this RFP. In addition, the District may consider evidence of untimely and unsatisfactory performance on prior similar projects or litigation by the proposer on previous contracts to disqualify any proposer. Evaluation of the proposals shall be based upon a competitive selection process. The evaluation of proposals will include technical merit, relevant experience/past performance, key personnel experience and the submitted fee schedule, (pricing). Based on the proposal evaluation results, and at its discretion, the District may choose to short list and interview the most qualified firms. Upon completion of the interview process, the District may enter into contract negotiations with the selected firm or firms. Proposers are cautioned that contract award hereunder may be affected without discussions. Initial proposals should consequently present the best offer to the District. At this time it is expected that the contract will be an indefinite delivery-indefinite quantity agreement with a fixed fee for each service authorization issued (based on the unit pricing portion of the agreement).

C.

FINGERPRINTING REQUIREMENT

Unless exempted, Consultants shall comply with the requirements of Education Code Section 45125.1 with respect to fingerprinting of employees who may have contact with students on a school site within the Long Beach Unified School District. The Consultant selected to perform Services will be required to complete the certification form, herein 9 of 47

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attached as Exhibit G, provided by the District. The form should be reviewed but is not to be submitted with the Proposal. Consultant shall state in the Proposal if their proposed staff has already satisfied the requirement of Exhibit G. In order to avoid any delay in onsite field work, Consultants should plan to meet the Districts fingerprinting requirement by award of contract. Additional information about this requirement is available on the Department of Justices website at http://ag.ca.gov/fingerprints/forms/cont_req.pdf.

SECTION V - GENERAL SPECIFICATIONS A. DEFINITIONS The words (A) District, (B) Proposer or (C) Consultant as used in this RFP shall be understood to refer to (A) Poway Unified School District, (B) the qualified consultants, persons, firms or corporations which respond to this RFP; and (C) the person, firm or corporation with whom the contract is made by said District or the agent or legal representative who may be appointed to represent such person, firm or corporation in the signing and performance of said contract.

B. INSTRUCTIONS AND QUESTIONS District representative from whom the proposer will receive instructions: Barbie Shrier, PUSD Facilities, Maintenance Administrative Assistant FAX (858) 486-4197, Email: bshrier@powayusd.com. and Operations Office,

Questions regarding this Request for Proposal should be directed to the person designated above. Do not contact any other District employee or official regarding this RFP.

C. ADDENDA If any person contemplating submitting a proposal for services listed herein is in doubt as to the true meaning of any part of this Request for Proposal, he/she may submit to the Poway Unified School District Representative identified in Section B above, a written request for an interpretation or correction thereof. Such request must be made to the Districts representative at least five (5) working days before the submittal deadline. Any interpretation or correction of District specifications will be made only by addenda, duly issued by the District Representative(s) identified in Section B above. Copies of such addenda will be mailed or delivered to those persons who have received the RFP. 10 of 47

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D. PROOF OF AUTHORITY If the proposer is a corporation, formal proof of the authority of the officer signing the proposal to bind the corporation must be submitted with said proposal. A copy of the corporate resolution or minutes can be adequate proof. A simple letter is not sufficient. E. WITHDRAWAL OF PROPOSAL Any proposer may withdraw its proposal either personally or by written request at any time prior to the date/time proposals are due.

F. FIRM COMMITMENT OF AVAILABILITY OF SERVICE Once a proposal is opened, a proposer is otherwise expected to maintain an availability of service as set forth in its proposal for at least four months after date from submissions of proposals. G. RESERVATIONS The District reserves the right to reject any or all proposals and any item or item therein, and to waive any non-conformity of the proposals with this, whether it is technical or substantive nature, as the interest of the District may require. H. DOCUMENTS TO BE CONSTRUED TOGETHER The Request for Proposals, the Proposal and all documents referred to in the RFP and the Contract to be entered into between the Consultant and the District and any modification to said documents shall be construed together as one document. I. ERRORS AND OMISSIONS Proposer shall not be allowed to take advantage of any errors or omissions in Request for Proposals. Full instructions will be given when such error or omission is discovered and timely called to the attention of the District.

J. SPECIFICATIONS NOT CONTRACTUAL Nothing contained in this RFP shall create any contractual relationship between any proposer and the District. The District accepts no financial responsibility for costs incurred by any proposer associated with this RFP. K. PATENT FEES: PATENT COPYRIGHT, TRADE SECRET AND TRADEMARK FEES Each proposer shall include in the price proposal any patent fees, royalties and changes on any patented article or process to be furnished or used in the prosecution of the work. 11 of 47

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L. TAXES The fee proposal shall include all federal, state, local and other taxes. M. STANDARD TERM AND CONDITIONS PRIOR TO THE AWARD OF ANY WORK HEREUNDER, DISTRICT AND CONSULTANT SHALL ENTER INTO THE WRITTEN CONTRACT COMPLYING WITH THE TERMS AND CONDITIONS OF THE CONTRACT AS SHOWN IN EXHIBIT C. PROPOSERS RESPONDING TO THE RFP ARE STRONGLY ADVISED TO REVIEW ALL THE TERMS AND CONDITIONS OF THE CONTRACT. The selected respondent(s) and each of its (their) sub consultants and/or co-venture partners, shall comply with all applicable federal and California laws, including, but not limited to, Title VII of the Civil Rights Act 1964, as amended, Executive Orders 11224,11375, and 12086, the California Fair Employment Practices Act beginning with labor code section 1410, and labor code section 1735, and any other applicable federal and state laws and regulations hereinafter enacted, including the Federal Americans with Disabilities Act (ADA). Consultants shall be responsible for establishing and Implementing and ADA program within the consultants work place. The respondent shall not discriminate against any prospective or active employee based on race, color, ancestry, national origin, religious creed, sex, sexual orientation, age, or marital status. The selected respondent shall cause the above provisions to be inserted in all subcontractors for any work covered by this document so that such provisions will be binding upon each sub-consultant/subcontractor. Prior to contract execution, proof of insurance at the levels specified in the specific contract will be required. Fingerprinting of all personnel who will visit school sites may also be required.

N. INSURANCE Provide proof that your firm is capable of meeting the following insurance limits: Automobile Liability General Liability Professional Liability Workers Compensation $2,000,000 $2,000,000 $2,000,000 $2,000,000

Proof of insurance coverage must be provided for any consultant or subconsultant personnel.

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EXHIBIT A
SCOPE OF WORK MATERIAL TESTING AND INSPECTION SERVICES

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The Scope of Work and General Requirements and Procedures are as follows: 1. Perform the services for Material Testing and Special Inspection in accordance with Tittle 24, California Code of Regulations and Instructions on Division of The State Architect, Structural Tests and Inspections DSA form 103-1 (as provided for each project) and the conditions included in this scope of work. 2. Special Inspections. The services shall include the following, as may be required by the individual projects DSA form 103-1 and as required/requested by the District: a. Asphaltic concrete plant inspection b. Asphaltic concrete placement inspection c. Concrete batch plant inspection d. Concrete placement inspection and sampling e. Structural steel shop & field fabrication/welding inspection f. Structural steel assembly inspection & High-Strength Bolting g. Structural steel ultrasonic and/or Magnetic Particle testing h. Fireproofing material application inspection i. Roofing Inspection. j. Cold-Form Metal Framing-Welding Inspection k. Other as shown in exhibits 3. Material Testing and Sampling. Perform the following tests, including but not limited to those required by as may be required by the DSA ST&I Lists, and as required by the District. The Testing shall be performed in accordance with ASTM test methods and California test methods as appropriate. All laboratory testing shall be accomplished in a DSA accepted laboratory: a. Concrete 1) Cylinder Compression Strength 2) Anchor Pull-Out 3) Slump 4) Air Testing 5) Concrete Cylinder Sampling/ Fabrication b. Reinforcing Steel 1) Tensile Strength 2) Bend Test 3) Sample and Tag Specimens. c. Structural Steel 1) Bolt and Washer Hardness 2) Fireproofing Density 3) Bolt Bend/ Tensile g) Other as shown in exhibits

4. Respond to the Project Inspectors scheduling and coordination for Special Inspections and Sampling and Testing services. Provide daily and/or individual occurrence reports of Special Inspections and Testing results on approved forms and provide sufficient copies to the Project Inspector. Distribution shall include the 14 of 47

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Construction Contractor, Construction Contract Manager, Project Architect and DSA. 5. Prepare for issuance to the Construction Contractor, as required, written Notices of Non-Compliance using appropriate forms. The forms shall be completed and provided to the Project Inspector. The Notices of Non-Compliance or Deviations shall be prepared and maintained electronically using the District provided Project Management software, Prolog Manager (as requested by the District). Entries will be made by Project Inspector staff into the District Form/ Format or into other input system logs. 6. Special Inspector and Testing staff will provide all the required tools of the trade. (Note: The District will provide access to office space on-site with utilities, office furniture and furnishings, land-line telephone service, and access to fax and copying equipment as may be required on a intermittent basis.) 7. Special Inspectors and testing staff shall be prepared to attend Project progress meetings and other specially called meetings as determined by the Project Inspector. 8. The Services shall be performed at the hourly billing rates and/or sampling and testing unit prices included in Exhibit B.

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EXHIBIT B

PRICE PROPOSAL MATERIALS TESTING AND SPECIAL INSPECTION SERVICES

Project:SCHOOL#39PowayUnifiedSchoolDistrict
SubmittalBy:_______________________________ 16 of 47

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CONCRETECategories:(PerStructuralSheets,Specifications&DSA103)
Pg.1of7

PeriodicTest, Inspection, orReport

Continuous Inspection

Verification &Inspection 01. Reinforcing Steel/Preplacement Inspection: Special Inspection of reinforcing steel placement, formwork, embedded items, general cleanliness and general shape and size of all structural castinplaceconcrete. 02.SpecialInspectionReinforcingSteel BarWelding:Inspectionofweldingin accordancewithTable1704A.3toinclude verificationofcarbonequivalentreported onmillcertificates.SeeIR173 03.SpecialInspectionConcrete: Inspectionduringplacementforproper applicationtechniquestoincludeboltsto beinstalledpriortoandduringplacement ofconcreteincludingotherstructural embeddedelements.Inspectiontoinclude curingandformremoval. 04.MixDesigns:Verifyinguseofrequired mixdesign.

Reference Standard ACI 318:3.5,7. 17.7

Quantity CBC Reference (Units) 1704A.4 344Hrs. $

Rate

Total Item Cost $

AWSD.4, ACI318 3.5.2

1704A4.1; 1704A.3.1.3, 1704A.3.1.4 &Table 1704A.3

28Hrs.

ACI318: 5.9,5.10

1911A.4, 1912A, 1913A.6 1913A.7 1913A.8 1704A.15 1904A.2.2 1913A.7 1913A.8 1704A.15 1913A.10

600Hrs.

ACI318: CH.4,5.2 5.4 ASTM C172, ASTM C31,ACI 318:5.6, 5.8 ASTM C39,

Included Included Included in#03 in#03 in#03

05. Concrete Field Technician: Sample freshconcreteandfabricatespecimensfor strengthtests,slump,andtemperatureof concrete and where required, air content testsshallbeperformed. 06.CompressiveStrengthTests:Test concreteforcompressionstrength.

360Hrs.

1905A.6

336Ea.

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Project: SCHOOL #39 Poway Unified School District

BidSubmittalBy:___________________________________

CONCRETE Categories: (Per Structural Sheets, Specifications & DSA-103)

Pg. 2 of 7

Verification & Inspection

Periodic Test, Inspection, or Report Continuous Inspection

7. Special Inspection of Post-Installed Anchors: Inspection during the drilling and installation of postinstalled (expansion, plain/deformed rebar dowels, adhesive) concrete anchors. 8. Reinforcing Steel Testing: Perform testing of reinforcing steel representing all structural concrete. Verify certified mill test reports for each shipment of rebar used in structural concrete. 9. Batch Plant Inspection: Batch plant inspection of all structural concrete. 10. Sample Pick up & Delivery to Test Lab: Sample pick up of construction materials or test specimens for delivery and testing by lab. 11. Field Supervision: Supervision of testing laboratory field representatives to include technicians and inspectors along with reviews of applicable reporting. 12. Reporting and Distribution: Clerical staff reporting preparation and distribution 13. Engineering Reviews: Review by registered engineer as required of materials test results, applicable submittals, and site meetings, as required. 14. Final Reports: Preparation of all Final Reports and distribution.

Referenc e Standar d ACI 318: 3.8.6, 8.1.3, 21.2.8 ASTM A370, See IR17-10

CBC Referenc e Table170 4A.4, 1912A.1

Quantit y (Units) 128 Hrs. $

Rate

Total Item Cost $

1916A.2,

18

X X

Applicabl e ASTM Stds X ASTM E-329

1704A.4. 2 -

432 Hrs. $ 132Hrs. $

$ $

Title 24, (Part 1) CAC

60 Hrs.

1 Set -

$ $

124 Hrs. $ -

Title 24 (Part 1) CAC

1 Set

SUBTOTAL COST (Concrete Categories, 2)$

Pages

========= 1-

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Project:SCHOOL#39PowayUnifiedSchoolDistrict
SubmittedBy:___________________________________________

STEEL CATEGORIES: (Per Structural Sheets, Specifications & DSA-103)

Pg. 3 of 7

Verification & Inspection

Periodic Test, Inspection, or Report Continuous Inspection

Referenc e Standar d -

CBC/CA C or DSA IR Referenc e IR 17-9 IR 17-9

Quantit y (Units)
Included In #02 Included In #02

Rate

Total Item Cost

Included In #02 Included In #02

01. High-Strength Bolts: Material verification of high strength bolts, nuts and washers.
a) Identificationmarkingstoconform toASTMStandardsspecifiedin theapprovedconstruction documents. b) Manufacturerscertificationof compliancerequired.

X X -

Included In #02 Included In #02

02. High-Strength BoltingInspection:

a) Bearingtypeconnections. b) SlipcriticalConnections. *Inspectionfrequencydependson tighteningmethodused.

X X

ASTM 1704A3.3 material , specs; IR 17-9 AISC 360, Sect. A3.3 -

Included In #02

Included In #02

Included In #02

240Hrs. 6 Sets
Included In #5 Included In #5

$ $
Included In #5 Included In #5

$ $
Included In #5 Included In #5

*
X X

03. Test High-Strength Bolts, Nuts & Washers: 04. Weld Filler Material Verification:
a) Identificationmarkingstoconform toAWSspecificationsinthe approvedconstruction documents. b) Manufacturerscertificateof compliancerequired. c) VerifyWPS,welderqualifications andequipment.

AISC 360, Section M2.5 ASTM F606, A370 -

1704A3.3 , IR 17-9 2212A.1, IR 17-8 -

AISC 360 Section A3.5

Included In #5

Included In #5

Included In #5

IR 17.3

Included In #5

Included In #5

Included In #5

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Project:SCHOOL#39PowayUnifiedSchoolDistrict
SubmittedBy:_______________________________________

STEEL CATEGORIES: (Per Structural Sheets, Specifications & DSA-103)

Pg. 4 of 7

Periodic Test, Inspection, Report Continuous Inspection

Verification & Inspection

Reference Standard

CBC/CAC or DSA IR Reference -

Quantity (Units)

Rate

Total Item Cost $

05. Welding Inspection:

c) StructuralSteel:(Shop&Field) 1) Completeandpartialpenetration groovewelds. 2) Multipassfilletwelds. 3) Singlepassfilletwelds>5/16 4) Singlepassfilletwelds5/16 5) WeldingofFloor&RoofDecks, Stairs&RailingSystems. 6) Inspectendweldedstud installationincludingfieldbend testing. d) ReinforcingSteelWeldingInspection: (Shop&Field) 1) Inspectionofreinforcingsteel welding. 2) Verificationofweldabilityof reinforcingsteel. 3) Verifycarbonequivalentreported onmillcertificates.

X X X

AISC 360, AWS D1.3

(AISC 341 as applicable)

2134 Hrs. $ -

X X X X X X X X

DSA IR 17.3

ASTM A108 & AISC 360 AWS D1.4 AWS D1.4 AWS D1.4 -

DSA IR17.3 1704A4.1 1704A4.1 DSA IR17.3 1704A3.2

64 Hrs. Included in #05

$ Included in #05

Included in #05

06. Inspection of Steel Frames: All joint details for compliance with approved construction documents.
a) Detailssuchasbracingand stiffening b) MemberLocations. c) Applicationofjointdetailsateach connection.

X X X X
-

Included In #5 Included In #5

Included In #5 Included In #5

Included In #5 Included In #5

AISC 360

Table 1704A.3

07. Material Verification of Structural Steel: Verify that all materials are appropriately marked and that:
a) Millcertificatesindicatematerial propertiesthatcomplywith requirements. b) Materialsizes,typesandgrades complywithrequirements.

X 20 of 47

1704A.3 & Table 1704A.3

RFP 39-1-212013

Project:SCHOOL#39PowayUnifiedSchoolDistrict
SubmittedBy:______________________________________

STEEL CATEGORIES: (Per Structural Sheets, Specifications & DSA-103)

Pg. 5 of 7

Verification & Inspection 08. Ultrasonic Testing and Inspection: Testing shall be conducted in accordance with AWS D1.1 and D1.8 along with other requirements noted and the approved construction documents. 09. Magnetic Particle Testing: * Testing as required and in accordance with the approved construction documents. 10. CVN Testing: CVN Testing: For rolled sections 1 Thick and Plate 2 Thick 11. Cold-Formed Steel-Frame Welding Inspection: Inspection during field welding of cold-formed metal framing system, as required.

Periodic Test, Inspection, Report Continuous Inspection

Referenc e Standar d
AISC 341 Apx. Q5.2, ASTM E543, E1212, ANSI/ASNT CP-189, SNT-TC-1A

CBC/CA C or DSA IR Reference DSA IR 17-2

Quantit y (Units) 320Hrs. $

Rate

Total Item Cost $

96Hrs.

X X

ASTM Std. as required

CBC, as required

2 Ea. 240Hrs.

$ $

$ $

Per Structural Drawings & Specification Section 054000

Per Structural Drawings & Specification Section 054000

12. Sample Pick up & Delivery to Test Lab: Sample pick up of construction materials or test specimens for delivery and testing by lab. 13. Materials Sampling by Field Technician: Sampling of materials to include bolts, and other structural steel material for testing. 14. Field Supervision: Supervision of testing laboratory field representatives to include technicians and inspectors along with reviews of applicable reporting. 15. Reporting and Distribution: Clerical staff reporting preparation and distribution.

Applicabl e ASTM Stds X

Per applicable standard, as required

112Hrs.

32 Hrs. Title 24, (Part 1) CAC

ASTM E-329

124 Hrs. $

1 Set -

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Project:SCHOOL#39PowayUnifiedSchoolDistrict
SubmittedBy:_______________________________

STEEL CATEGORIES: (Per Structural Sheets, Specifications & DSA-103)

Pg. 6 of 7

Verification & Inspection 15. Engineering Reviews: Review by registered engineer as required of materials test results, applicable submittals, and site meetings, as required. 16. Final Reports: Preparation of all Final Reports and distribution.

Periodic Test, Inspection, or Report Continuous Inspection

Referenc e Standar d -

CBC Reference

Quantit y (Units) 148 Hrs. $

Rate

Total Item Cost $

X -

Title 24 (Part 1) CAC

1 Set

====== = SUBTOTAL COST (Steel Categories, Pages 3-6)$

Notes below apply to all Categories of work described in Pages 1-7: Note #1: The testing laboratory consultant shall be a current accepted DSA -LEA testing laboratory at the time of bid submittal and shall maintain that accepted status during the course of the project and contract. The testing laboratory shall be required to comply with all of the requirements of the DSA-LEA program requirements. All tests or inspections shall be performed by appropriately certified technicians or inspectors approved as required by Title 24. Note #2: The testing laboratory consultant is required to comply with all of the requirements of the approved construction documents and the DSA103. Upon being provided a copy of the approved construction documents, the consultant shall review the approved construction documents to ensure completeness of the testing and inspections required. Any tests or inspections not covered by this document shall be brought to the attention of the District for contract change. The consultant is in no way relieved of their Title 24 duties and responsibilities for tests or inspections not shown herein. Note #3: No field testing or inspections shall be performed without prior written request from the contractor through the Project Inspector or approved Assistant Inspectors. Written or electronically created reports shall be provided to the Project or Assistant Inspector upon completion of that days test or inspection.

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Project:SCHOOL#39PowayUnifiedSchoolDistrict SubmittalBy:_______________________________

Optional Testing & Inspection Categories: (Per Project Specifications)

Verification & Inspection 01. Asphalt Concrete Placement Inspection: Inspection during the placement of asphalt to include, temperature and thickness determinations (nuclear method and visual examination), materials verification, and reporting. 02. Asphalt Concrete Batch-Plant Inspection: Inspection during the mixing of asphalt materials to include materials verification, temperatures and reporting. 03. Roofing Inspection: Inspection during roofing installation, as required. Inspection shall include meeting attendance, substrate preparations, materials verification and reporting. 04. Below-Grade Waterproofing Inspection: Inspection during the application of below-grade waterproofing system, as required. 05. HVEEM & Asphalt Extraction Testing: Sampling and testing for HVEEM and asphalt extraction by laboratory 06. Spray-Applied Fire-Proofing Inspection: Inspection during mixing & application. Inspection to include thickness verifications and reporting. 07. Fire-Proofing Density Testing: 08. Sample Pick up & Delivery to Test Lab, Field Supervision, Engineering Reviews, Reporting & Distribution, and Final Reporting: Shall be included under other similar line item entries. Periodic Test, Inspection, or Report Continuous Inspection Reference Standard CBC Reference

Pg. 7 of 7

Quantity (Units) 60 Hrs. $

Rate

Total Item Cost $

X SPEC. _

X SPEC. X X SPEC. _ _

28 Hrs.

320 Hrs.

SPEC.

40 Hrs.

X X

ASTM ASTM

_ CBC

2 Sets 80 Hrs.

$ $

$ $

X X

ASTM _

CBC _

6 Ea.
Included under other similar line item entries

$
Included under other similar line item entries

$
Included under other similar line item entries

============

SUBTOTAL COST (Optional Testing & Inspection Categories, Page 7)$ SUBTOTAL COST (Steel Categories, Pages 3-6)$ GRAND TOTAL (All Categories, Pages 1-7)$

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EXHIBIT C SAMPLE AGREEMENT

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EXHIBIT C
MATERIALS TESTING AND SPECIAL INSPECTION SERVICES
THIS AGREEMENT ("Agreement") is made on this _____ day of ________, 20__ by and between the POWAY UNIFIED SCHOOL DISTRICT located at 13626 Twin Peaks Road, Poway, CA 92064-3034 (hereinafter "District"), a public school district organized under the laws of the State of California, and ____________ located at _____________ (hereinafter Consultant). RECITALS WHEREAS, The Consultant has experience and expertise in Material Testing and Inspection Services; WHEREAS, The District desires that the Consultant provides various Material Testing and Inspection services for school sites within the District; WHEREAS, Consultant represents itself able and, for a consideration, willing to perform the services required by the District; NOW, THEREFORE, for and in consideration of the promises hereinafter contained, the parties agree as follows: 1. AVAILABILITY OF FUNDS AND BUDGET AND FISCAL PROVISION AND TERMINATION IN THE EVENT OF NON-APPROPRIATION. A. This Agreement is subject to the budget and fiscal provisions of the District, not withstanding any other provision of this Agreement. This Agreement shall have no effect until the District has appropriated funds. B. The amount of the District's obligation hereunder shall not at any time exceed the amount herein stated. C. This Agreement shall terminate without penalty at the end of any fiscal year in the event funds are not appropriated for the next succeeding fiscal year. If funds are appropriated for a portion of the fiscal year, this Agreement will terminate, without penalty, at the end of the term for which funds are appropriated. D. This section controls against any and all other provisions of this Agreement.

2.

TERM OF THE AGREEMENT

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The Contract shall become effective beginning (INSERT DATE). This contract is for a Base Period. The Base contract period shall consist of 12 months as determined by the District. The District has the option to extend the term of the contract for two additional Option Period consisting of 12 months. The District may extend the term of this contract by written notice to the Consultant within the effective period of the contract; provided that the District shall give the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the District to an extension. A. If the District exercises the Option, the extended contract shall be considered to include this option provision. B. The total duration of this contract, including the exercise of the Option, shall not exceed 36 months.

3.

TYPE OF AGREEMENT/CONTRACT This is an Indefinite Delivery/Indefinite Quantity, unit price type of contract, with the declared and acknowledged intention and meaning to provide Poway Unified School District (PUSD) with the services described in Exhibit A.

4.

ORDERING PROCEDURES Each service authorization shall be placed in accordance with the following procedures: A. Request for Proposal (RFP) The District shall furnish the Consultant with a written request for proposal. The request shall include: 1) A description of the specified work required. 2) The anticipated performance period. 3) Any other pertinent information.

B. Proposal The Consultant shall, within the time specified in the RFP, provide an original and copies (as determined by the District) to the District with: 1) A detailed price estimate. 2) Proposed date of completion of service for the required work order. C. Discussions/Negotiations Upon receipt of the proposal, the District, as needed, will review the proposal to ensure acceptability to the District, enter 27 of 47

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into such discussions with the Consultant as may be necessary to correct and/or revise the proposed estimate, and effect whatever internal review processes are required. D. Execute Award Upon completion of this process, the District shall execute the service authorization and forward it to the consultant (facsimile transmission signatures may be utilized). Only upon receipt of such an executed order, signed by the District, shall the Consultant commence work. E. Each service authorization order shall include as a minimum: 1) 2) 3) 4) 5) Date of Issue Contract and Service Authorization Number Description of work services and school site location The delivery date or period of performance and milestones Any other information deemed necessary in performance of the order.

F. The Consultant shall notify the District if any apparent difficulties with regard to performance, according to the terms of the service authorization are anticipated or any difficulties in meeting milestones arise. The consultant shall notify the District whenever it has reason to believe that the costs the Consultant expects to incur under the service authorization order will exceed the fixed fee included in the service authorization order.

5.

SERVICES CONSULTANT AGREES TO PERFORM A. Consultant shall perform material testing and special inspection services including provision of written reports for modernization and new construction work at various school sites within the District. The services covered by this Agreement are identified in Exhibit A and B (collectively "Services"). B. A detailed level of effort proposal will be requested for the projects for which services are to be provided. The Consultants Proposal shall be submitted using the Unit Pricing and Estimate Sheet attached as Exhibit B, along with supporting documentation as needed. Upon reaching a consensus with respect to the types of services and level of effort for each tasking, a Service Authorization letter, with a Not to Exceed compensation amount, will be issued by the District for the designated services. See Exhibit C, Service Authorization. The actual level of effort and timing of accomplishment of the services required will be as directed by the designated Project Inspector or District Representative. The designated level of effort and/or the authorized compensation for each Service Authorization shall not be exceeded without a written Amendment to the Service Authorization. 28 of 47

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C. Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of District. D. Substitution of Key Personnel. Consultant has represented to District that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of District. In the event that District and Consultant cannot agree as to the substitution of key personnel, District shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the District, or who are determined by the District to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the District. The key personnel for performance of this Agreement are as follows: [___INSERT NAME(S) & TITLE(S) ___]

E. District's Representative. The District hereby designates Michael Tarantino, Director of Facilities Maintenance and Operations, or his or her designee, to act as its representative for the performance of this Agreement ("District's Representative"). District's Representative shall have the power to act on behalf of the District for all purposes under this Agreement. Consultant shall not accept direction or orders from any person other than the District's Representative or his or her designee. F. Consultant's Representative. Consultant hereby designates [___INSERT NAME___], or his or her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. G. Coordination of Services. Consultant agrees to work closely with District staff in the performance of Services and shall be available to District's staff, consultants and other staff at all reasonable times. H. Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees 29 of 47

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and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the District, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the District to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the District, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. I. Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the District, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold District, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

6.

COMPENSATION The Consultant shall be paid at the rates listed in Exhibit B. Invoices shall be submitted monthly, by the 5th of the month for services provided in the immediately preceding month, and include a breakdown of charges and records of acceptance of services performed. For hourly services, there shall be no minimum level of effort hours per service. Separate invoices shall be submitted for each Project, each Service Authorization Order, and Purchase Order, as applicable. The Consultant shall submit the following information and documentation as part of all invoices: A. Location (School Name) B. Project Description (Project Name) C. Project Number 30 of 47

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D. Service Authorization Number (as required) E. Purchase Order Number (Refer to the Purchase Order sent directly to the Consultant from District Purchasing Department). F. For each sample tested: sample identification, description of test performed, date sample obtained, date tested and test report. G. Copies of field reports for services performed at site during invoice period. H. For task performed: date, task description, duration (if an hourly charge) and name of staff performing task. I. Field reports shall include date, start time and finish time for each staff member providing services at the site. J. Copies of test reports for tests performed at the site or in a laboratory during the invoice period. F. Copies of draft and final reports, and other deliverables required by this Agreement. Failure to provide the required information and documentation will cause an invoice to be deemed unacceptable. When the required information is not provided with an invoice the invoice will be returned for correction, and the documentation will be requested in writing. Processing of invoices will proceed when the required information and documentation are provided and deemed acceptable. Payments shall be made in a reasonable time upon receipt of acceptable invoices and validation that the Services have been rendered as set forth in this Agreement and Exhibit A hereto. The total compensation to be paid to the Consultant under this Agreement shall not exceed ($ ). This amount may be increased provided there is prior written modification to this Agreement. No work shall be started without prior written notification of a warranted increase request. It shall be the responsibility of the Consultant to ensure that accumulated fees for services do not exceed the total compensation included in the Agreement. Work performed that will cause the Agreement amount to be exceeded shall not be compensated.

7.

TERMINATION A. It is expressly understood and agreed that in the event the Consultant or the District fails to perform its obligations under this Agreement, this Agreement shall be terminated and all the Consultant's/District's rights hereunder ended. Termination shall be upon ten (10) days written notice to the defaulting party, in which no work will be undertaken after the date of receipt of the notice. In the event this Agreement is terminated by the District pursuant to this paragraph, the Consultant shall be paid for the Services performed up to the date of the termination. B. It is further understood and agreed that the District may terminate this Agreement for the District's convenience and without cause at any time by 31 of 47

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giving the Consultant thirty (30) days written notice of such termination. In such an instance, the Consultant shall be entitled to compensation for services performed up to the effective date of termination. C. Upon receipt of written notice that this Agreement is terminated, the Consultant will submit an invoice to the District for an amount which represents the value of the Services actually performed to the date of termination for which the Consultant has not previously been compensated and as per paragraph 4 above. Upon approval and payment of this invoice by the District, the District shall be under no further obligation to the Consultant monetarily or otherwise.

8.

INDEPENDENT CONSULTANT The Consultant shall be deemed at all times to be an independent Consultant and shall be wholly responsible for the manner in which he performs the Services required of him under the terms of this Agreement. The Consultant shall be liable for any act or acts of his own, or his agents or employees, and nothing contained herein shall be construed as creating the relationship of employer and employee between the District and the Consultant or their agents and employees.

9.

MODIFICATION OF AGREEMENT This Agreement may be amended, in writing, by mutual consent of the parties. Changes, including any increase or decrease in the total Not to Exceed compensation to be paid to the Consultant, shall only be effective upon the execution of a duly authorized written amendment to this Agreement.

10.

SUBCONTRACTING The Consultant is prohibited from subcontracting this Agreement or the Services unless such subcontracting is agreed to in writing and executed in the same manner as this Agreement. No party on the basis of this Agreement shall in any way contract on behalf of or in the name of the other party of this Agreement, and violation of this provision shall confer no rights on any party and shall be void.

11.

ADMINISTRATIVE REMEDY FOR AGREEMENT INTERPRETATION Should any question arise as to the meaning and intent of the Agreement, the matter shall, prior to any action or resort to any other legal remedy, be referred to the Superintendent, who shall decide the true meaning and intent of the Agreement.

12.

BANKRUPTCY

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In the event that either party shall cease conducting business in the normal course, become insolvent, make a general assignment for the benefit of creditors, suffer or permit the appointment of a receiver for its business or assets or shall avail itself of, or become subject to, any preceding under the Federal Bankruptcy Act or any other statute of any state relating to insolvency or the protection of rights of creditors, then at option of the other party, this Agreement shall terminate and be of no further force and effect, and any property or rights of such other party, tangible or intangible, shall forthwith be returned to it.

13.

CONSULTANT'S DEFAULT Failure or refusal of the Consultant to perform or do any act herein required shall constitute a default. In the event of any default, in addition to any other remedy available to the District, this contract may be terminated by the District pursuant to the terms of Section 5a herein. Such termination shall not waive any other legal remedies available to the District.

14. CONFLICT OF INTEREST Consultant understands the following and certifies that it does not know of any facts which constitute a violation: A. Consultant hereby certifies that no current Board member or employee of the Poway Unified School District, and no one who has been a Board member or who has been employed by the Poway Unified School District within the past two years, has participated in bidding, selling or promoting this contract. Furthermore, Consultant certifies that no such current or former Board member or employee has an ownership interest in this contract, nor shall any such current or former Board member or employee derive any compensation, directly or indirectly, from this contract. Consultant understands that any violation of this provision of the contract shall make the Agreement voidable by the District. B. Government Code of the State of California, Section 87100 et. seq. Public officials; state and local; financial interest: No public official at any level of state or local government shall make, participate in making or in any way attempt to use his official position to influence a governmental decision in which he knows or has reason to know he has a financial interest. 15. SEVERABILITY If any term or provision of this contract shall be found illegal or unenforceable, then, notwithstanding, this Agreement shall remain in full force and effect and such term or provision shall be deemed stricken.

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16.

AGREEMENT MADE IN CALIFORNIA This Agreement shall be deemed to be made in, and shall be construed in accordance with, the laws of the State of California.

17.

INDEMNIFICATION The Consultant shall defend, indemnify and hold harmless the District, its Board, officers and employees of the District, and representatives or agents of the District to include the Program Manager and the Architect and their employees and consultants from and against all claims, costs, lawsuits and damage arising out of the negligent acts, errors or omissions of the Consultant to all persons, corporations, and partnerships including but not limited to employees of the Consultant and heirs of employees of the Consultant and employees and heirs of employees of the District arising out of and in the course of the performance of this Agreement. This liability shall not lie in instance where the damages are caused by the sole negligence or intentional tort of the District or its employees.

18.

INSURANCE A. Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the District that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the District that the subconsultant has secured all insurance required under this section. B. Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subconsultants. Consultant shall also require all of its subconsultants to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage: 1) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General 34 of 47

2)

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Liability Insurance or other form with general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $2,000,000 per accident for bodily injury and property damage; and (3) Workers' Compensation and Employer's Liability: Workers' Compensation limits as required by the Labor Code of the State of California. Employer's Liability limits of $2,000,000 per accident for bodily injury or disease. 3) Professional Liability. Consultant shall procure and maintain, and require its sub-consultants to procure and maintain, for a period of five (5) years following completion of the Project, errors and omissions liability insurance appropriate to its profession. Such insurance shall be in an amount not less than $2,000,000 per claim, and shall be endorsed to include contractual liability.

C. Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the District to add the following provisions to the insurance policies: 1) General Liability: The general liability policy shall be endorsed to state that: (1) the District, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insured with respect to the Work or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (2) the insurance coverage shall be primary insurance as respects the District, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any insurance or self-insurance maintained by the District, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it in any way. Automobile Liability: The automobile liability policy shall be endorsed to state that: (1) the District, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the District, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any insurance or self-insurance maintained by the District, its directors, officials, officers, employees, agents and volunteers shall be excess 35 of 47

2)

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of the Consultant's insurance and shall not be called upon to contribute with it in any way. 3) Workers' Compensation and Employers Liability Coverage: The insurer shall agree to waive all rights of subrogation against the District, its directors, officials, officers, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Consultant. All Coverages: Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the District; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the District, its directors, officials, officers, employees, agents and volunteers.

4)

D. Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the District, its directors, officials, officers, employees, agents and volunteers. E. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the District. F. Verification of Coverage. Consultant shall furnish District with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the District. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the District if requested. All certificates and endorsements must be received and approved by the District before work commences. The District reserves the right to require complete, certified copies of all required insurance policies, at any time.

19.

PROPRIETARY INFORMATION OF DISTRICT The Consultant understands and agrees that, in the performance of the Services under this Agreement or in contemplation thereof, the Consultant may have access to private or confidential information which may be owned or controlled by the District and that such information may contain proprietary details, the disclosure of which to third parties will be damaging to the District. The Consultant agrees that all information disclosed by the District to the Consultant shall be held in confidence and used only in performance of the Agreement. The Consultant shall 36 of 47

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exercise the same standard of care to protect such information as is used to protect its own proprietary data.

20.

NOTICES TO THE PARTIES All notices to be given by the parties hereto shall be in writing and served by depositing same in the United States Post Office, postage prepaid and registered as follows:

TO THE DISTRICT:

Poway Unified School District Attn: Michael Tarantino Facilities, Maintenance and Operations Office Building 900 13626 Twin Peaks Road Poway, CA 92064-3034 (INSERT CONSULTANT NAME/ADDRESS) _ ________________________________________ ________________________________________

TO THE CONSULTANT:

21.

WAIVER The omission by either party at any time to enforce any default or right reserved to it, or to require performance of any of the terms, covenants, or provisions hereof by the other party at the time designated, shall not be a waiver of any such default or right to which the party is entitled, nor shall it in any way affect the right of the party to enforce such provisions thereafter.

22.

ASSIGNMENT It is understood and agreed that the services to be performed by the Consultant are personal in character and neither this Agreement nor any duties or obligations hereunder shall be assigned or delegated by the Consultant without the prior consent of the District.

23.

OWNERSHIP OF THE RESULTS Any interest of the Consultant in studies, reports, memoranda, computation sheets or other documents prepared by the Consultant in connection with services to be performed under this Agreement shall become the property of and will be transmitted to the District. However, the Consultant may retain and use copies for reference and as documentation of its experience and capabilities.

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24.

AUDIT AND INSPECTION OF RECORDS The Consultant agrees to maintain and make available to the District accurate books and accounting records relative to its activities under this Agreement. The Consultant will permit the District to audit, examine and make excerpts and transcripts from such books and records, and to make audits of all invoices, materials, payrolls, records or personnel and other data related to all other matters covered by this Agreement, whether funded in whole or in part under this Agreement. The Consultant shall maintain such date and records in an accessible location and condition for a period of not less than three years after final payment under this Agreement or until after final audit has been resolved, whichever is later.

25.

FINGERPRINTING REQUIREMENTS The District has determined that the Consultants employees are subject to the requirements of Education Code section 45125.1 because they will have contact other than limited contact with pupils, by execution of the Agreement. In accordance with Education Code section 45125.1 the Consultant shall, at Consultant's own expense, receive fingerprint clearance from the California Department of Justice and provide the clearance to the District.

26.

SECTION HEADINGS The section headings contained herein are for convenience in reference and are not intended to define the scope of any provision of this Agreement.

27.

CALIFORNIA LABOR CODE REQUIREMENTS. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq and 1770 et seq, as well as California Code of Regulations, Title 8, Section 16000 et seq ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. Since the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. A copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement are on file at the Poway Unified School District, Facilities, Maintenance and Operations Office Building 900, 13626 Twin Peaks Road, Poway, CA 920643034. Consultant shall make copies of the prevailing rates of per diem wages for each craft; classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the District, its elected officials, officers, employees 38 of 47

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and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

28.

EQUAL OPPORTUNITY EMPLOYMENT. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of District's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

29.

LABOR CERTIFICATION. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

30.

NO THIRD PARTY BENEFICIARIES. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

31.

ATTORNEY'S FEES. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.

32.

TIME IS OF THE ESSENCE. Time is of the essence for each and every provision of this Agreement.

33.

COOPERATION; FURTHER ACTS.

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The parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

34.

SAFETY. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

35.

ENTIRE AGREEMENT All of the Agreement between the parties is included herein and no warranties, expressed or implied, representations, promises, or statements have been made by either party unless endorsed herein in writing, and no change or waiver of any provision hereof shall be valid unless made in writing and executed in the same manner as this Agreement.

IN WITNESS WHEREOF the parties hereto have executed this Agreement the year and date first above written.

[Insert Name of Consultant]

POWAY UNIFIED SCHOOL DISTRICT

By: ________________________

By: ____________________________

Date: _______________________

Date: ___________________________

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RFP 39-1-212013

EXHIBIT D FORM W-9: Request for Taxpayer Identification Number and Certification

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RFP 39-1-212013

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RFP 39-1-212013

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RFP 39-1-212013

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RFP 39-1-212013

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RFP 39-1-212013

EXHIBIT E NOTICE OF CRIMINAL BACKROUND CHECK

Exhibit E
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RFP 39-1-212013

Notice of Criminal Record Check

Fingerprinting requirements The Poway Unified School District (District) requirements pertaining to fingerprinting and clearance are pursuant to California Education Code sections 33192 and 45125.1. Education Code section 45125.1 provides that if the employees of any entity that has a contract with a school district may have any contact with pupils, those employees shall submit or have submitted their fingerprints in a manner authorized by the Department of Justice (DOJ) together with a fee determined by the DOJ to be sufficient to reimburse the Department for its costs incurred in processing the application. A school district contracting with any entity for the construction, reconstruction, rehabilitation, or repair of a school facility shall ensure the safety of the pupils pursuant to the requirements of the California Education Code, section 45125.2(a). A contractor shall not permit an employee to come in contact with pupils until the Department of Justice has ascertained that the employee has not been convicted of a violent or serious felony. The contractor shall certify in writing using the attached Contractor Certification form provided by the District that none of its employees who may come in contact with pupils have been convicted of a violent or serious felony. In accordance with statutory, regulatory, and constitutional restrictions governing the use and dissemination of criminal offender record information, the above mentioned Education Code Sections 33193 and 45125.2 allow for exemptions from background checks all employees under the following conditions: 1. 2. The installation of a physical barrier at the worksite to limit contact with pupils. Continual supervision and monitoring of all employees of the entity by an employee of the entity whom the DOJ has ascertained has not been convicted of a violent or serious felony. Surveillance of employees of the entity by school personnel.

3.

Contractors are not required to comply with the background check requirements set forth in the Michelle Montoya School Safety Act if one or more of the above-mentioned conditions exist. Please review additional information and application forms for criminal background checks on the California Department of Justice website at: http://ag.ca.gov/fingerprints/forms/cont_req.pdf. Please call the District Risk Management Office (858) 521-2800 x2788 with any questions regarding the fingerprinting requirement.

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