5. Sample Contract Documents - DO NOT RETURN WITH BID.pdf

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1900 W Olive Ave Burbank, CA 91506 www.burbankusd.org

AGREEMENT BETWEEN OWNER AND CONTRACTOR

BID 2627-015 SUMMER 2027 ROOFING AT <<SITE NAME>> 1

This Agreement effective _________________, 20____, is by and between Burbank Unified School District, Los Angeles County, California, hereinafter called the “Owner” and ______________________________ hereinafter called the “Contractor.”

WITNESSETH: That the Contractor and Owner for the consideration hereinafter named agree as follows:

ARTICLE I. SCOPE OF WORK. The Contractor agrees to finish all labor, equipment and materials, including tools, implements, and appliances required, and to perform all the work in a good and workmanlike manner, free from any and all liens and claims from mechanics, material suppliers, subcontractors, artisans, machinists, teamsters, freight carriers, and laborers required for:

BID 2627-015 Summer 2027 Roofing at <<Site Name>> all in strict compliance with the plans, drawings and specifications therefore prepared by Burbank Unified School District and other contract documents relating thereto.

ARTICLE II. CONTRACT DOCUMENTS. The Contractor and the Owner agree that all of the documents listed in Article 1.1.1 of the General Conditions form the Contract Documents which form the contract.

ARTICLE III. TIME TO COMPLETE AND LIQUIDATED DAMAGES. Time is of the essence in this contract, and the date of completion for this Project shall be on or before August 6, 2027. Failure to complete the Project within the time and in the manner provided for by the Contract Documents shall subject the Contractor to liquidated damages. For purposes of liquidated damages, the concept of substantial completion shall not constitute completion and is not part of this agreement. The actual occurrence of damages and the actual amount of the damages which the Owner would suffer if the Project were not completed within the specified times set forth are dependent upon many circumstances and conditions which could prevail in various combinations and, from the nature of the case, it is impracticable and extremely difficult to fix the actual damages. Damages which the Owner would suffer in the event of delay include, but are not limited to: Loss of the use of the project, disruption of activities, costs of administration, supervision and the incalculable inconvenience and loss suffered by the public.

Accordingly, the parties agree that the amount herein set forth shall be the amount of damages which the Owner shall directly incur upon failure of the Contractor to complete the Project within the time specified:

One Thousand Five Hundred Dollars ($1,500.00) for each calendar day by which completion of the Project is delayed beyond the completion date.

If the Contractor becomes liable under this section, the Owner, in addition to all other remedies provided by law, shall have the right to withhold any and all retained percentages of payments and/or progress payments, and to collect the interest thereon, which would otherwise be or become due the Contractor until the liability of the Contractor under this section has been finally determined. If the retained percentages and withheld progress payments appear insufficient to discharge all liabilities of the Contractor incurred under this Article, the Contractor and its sureties shall continue to remain liable to the Owner for such liabilities until all such liabilities are satisfied in full.

http://www.burbankusd.org/

BID 2627-015 SUMMER 2027 ROOFING AT <<SITE NAME>> 2

If the Owner accepts any work or makes any payment under this Agreement after a default by reason of delays, the payment or payments shall in no respect constitute a waiver or modification of any Agreement provisions regarding time of completion and liquidated damages.

ARTICLE IV. PAYMENT AND RETENTION. The Owner agrees to pay the Contractor in current funds __________________________________________________________dollars ($_________________) for services satisfactorily performed after receipt of properly documented and submitted applications for payment and to make payments on account thereof, as provided in the General Conditions.

The retention amount on this project is Five Percent (5%).

ARTICLE V. CHANGES. Changes in this Agreement or in the Work to be done under this Agreement shall be made as provided in the General Conditions.

ARTICLE VI. TERMINATION. The Owner or Contractor may terminate the Contract as provided in the General Conditions.

ARTICLE VII. PREVAILING WAGES. Pursuant to the provisions of Section 1770 et seq. of the Labor Code of the State of California, which are hereby incorporated by reference and made a part hereof, the Director Industrial Relations has determined the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which the work is to be performed, for each craft, classification or type of worker needed to execute this Contract. Per diem wages shall be deemed to include employer payments for health and welfare, pension, vacation, apprenticeship or other training programs, and similar purposes. Copies of these rates are on file at the Owner’s principal office. The rate of prevailing wage for any craft, classification or type of workmanship to be employed on this Project is the rate established by the applicable collective bargaining agreement which rate so provided is hereby adopted by reference and shall be effective for the life of this Agreement or until the Director of the Department of Industrial Relations determines that another rate be adopted. It shall be mandatory upon the Contractor and on any subcontractor to pay not less than the said specified rates to all workers employed in the execution of this Agreement.

The Contractor and any subcontractor under the Contractor as a penalty to the Owner shall forfeit not more than Two Hundred Dollars ($200.00) for each calendar day or portion thereof for each worker paid less that the stipulated prevailing rates for such work or craft in which such worker is employed. The difference between such stipulated prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less that the stipulated prevailing wage rate shall be paid to each worker by the Contractor.

The Contractor and each Subcontractor shall keep or cause to be kept an accurate record for work on this Project showing the names, addresses, social security numbers, work classification, straight time and overtime hours worked and occupations of all laborers, workers and mechanics employed by them in connection with the performance of this Contract or any subcontract thereunder, and showing also the actual per diem wage paid to each of such workers, which records shall be open at all reasonable hours to

BID 2627-015 SUMMER 2027 ROOFING AT <<SITE NAME>> 3

inspection by the Owner, its officers and agents and to the representatives of the Division of Labor Law Enforcement of the State Department of Industrial Relations.

Projects using state bond funds are subject to labor compliance monitoring and investigative activities by the Compliance Monitoring Unit (“CMU”) of the Division of Labor Standards Enforcement, Department of Industrial Relations of the State of California (“DIR”), in conformance with Labor Code sections 1771.55 and 1771.75, and subchapter 4.5 (commencing with section 16450) of title 8 of the California Code of Regulations. A pre-job conference shall be held with the Contractor and Subcontractors to discuss federal and state labor law requirements applicable to the Project. The Contractor and Subcontractors shall furnish certified payroll reports to CMU on a weekly basis, using either the format prescribed by section 16401 of title 8 of the California Code of Regulations, or using CMU’s electronic certified reporting system (“eCPR”). CMU may require the Contractor and Subcontractors to furnish certified payroll records to verify compliance with Chapter 1, Part 7 of Division 2 of the California Labor Code. CMU may also conduct on-site visits to each Project job site as described by 16451, subd. (d) of title 8 of the California Code of Regulations. Owner shall withhold contract payments when CMU issues Owner a notice to withhold such payments upon a finding by CMU that payroll records are delinquent or inadequate. In addition to withholding contract payments based on delinquent or inadequate payroll records, penalties may be assessed for failure to timely comply with a written request for certified payroll records. Further, upon a finding by CMU that Contractor is liable for unpaid wages or penalties, the Labor Commissioner may issue and serve a Civil Wage and Penalty Assessment.

Successful bidder(s) shall include the requirements of Labor Code Sections 1725.5 and 1771.1 in their contract with subcontractors and ensure that all subcontractors are registered with the Department of Industrial Relations, www.dir.ca.gov/Public-Works at the time of bid opening and maintain registration status for the duration of the Project. The successful bidder(s) and all subcontractors must be in compliance with SB 854 for the duration of the Project.

ARTICLE VIII. WORKING HOURS. In accordance with the provisions of Sections 1810 to 1815, inclusive, of the Labor Code of the State of California, which are hereby incorporated and made a part hereof, the time of service of any worker employed by the Contractor or Subcontractor doing or contracting to do any part of the Work contemplated by this Agreement is limited and restricted to eight hours during any one calendar day and forty hours during any one calendar week, provided, that work may be performed by such employee in excess of said eight hours per day or forty hours per week, is paid at a rate not less than one and one-half (1½) times the basic rate of pay. The Contractor and every Subcontractor shall keep an accurate record showing the name of and the actual hours worked each calendar day and each calendar week any each worker employed by them in connection with the Work. The records shall be kept open at all reasonable hours to inspection by representatives of the Owner forfeit Twenty-five Dollars ($25.00) for each worker employed in the execution of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day, and forty hours in any one calendar week, except as herein provided.

ARTICLE IX. APPRENTICES. The Contractor agrees to comply with Chapter 1, Part 7, Division 2, Sections 1777.5 and 1777.6 of the California Labor Code, which are hereby incorporated and made a part http://www.dir.ca.gov/Public-Works

BID 2627-015 SUMMER 2027 ROOFING AT <<SITE NAME>> 4

hereof. These sections require that contractors and subcontractors employ apprentices in apprenticeable occupations in a ratio of not less than one hour of apprentice’s work for each five hours of work performed by a journeyman (unless an exception is granted in accordance with Section 1777.5) and that contractors and subcontractors shall not discriminate among otherwise qualified employees as indentured apprentices on any public works solely on the ground of sex, race, religious creed, national origin, ancestry or color.

Only apprentices as defined in Labor Code Section 3077, who are in training under apprenticeship standards and who have signed written apprentice agreements, will be employed on public works in apprenticeable occupations. The responsibility for compliance with these provisions is fixed with the Contractor for all apprenticeable occupations.

ARTICLE X. DSA OVERSIGHT PROCESS. The Contractor must comply with the applicable requirements of the Division of State Architect (“DSA”) Construction Oversight Process (“DSA Oversight Process”), including but not limited to (a) notifying the Owner’s Inspector of Record/Project Inspector (“IOR”) upon commencement and completion of each aspect of the Work as required under DSA Form 156; (b) coordinating the Work with the IOR’s inspection duties and requirements; (c) submitting verified reports under DSA Form 6-C; and (d) coordinating with the Owner, Owner’s Architect, any Construction Manager, any laboratories, and the IOR to meet the DSA Oversight Process requirements without delay or added costs to the Work or Project.

Contractor shall be responsible for any additional DSA fees related to review of proposed changes to the DSA-approved construction documents, to the extent the proposed changes were caused by Contractor’s wrongful act or omissions. If inspected Work is found to be in non-compliance with the DSA-approved construction documents or the DSA-approved testing and inspection program, then it must be removed and corrected. Any construction that covers unapproved or uninspected Work is subject to removal and correction, at Contractor’s expense, in order to permit inspection and approval of the covered work in accordance with the DSA Oversight Process.

ARTICLE XI. INDEMNIFICATION AND INSURANCE. The Contractor will defend, indemnify and hold harmless the Owner, its governing board, officers, agents, trustees, and employees as provided in the General Conditions.

By this statement the Contractor represents that it has secured the payment of Workers’ Compensation in compliance with the provisions of the Labor Code of the State of California and during the performance of the work contemplated herein will continue so to comply with said provisions of said Code. The Contractor shall supply the Owner with certificates of insurance evidencing that Workers’ Compensation Insurance is in effect and providing that the Owner will receive thirty (30) days’ notice of cancellation.

Contractor shall provide the insurance set forth in the General Conditions and in the Insurance Requirements. The amount of general liability insurance shall be $5,000,000 per occurrence for bodily injury, personal injury and property damage and the amount of automobile liability insurance shall be $1,000,000 per accident for bodily injury and property damage combined single limit.

ARTICLE XII. ENTIRE AGREEMENT. The Contract constitutes the entire agreement between the parties relating to the Project and supersedes any prior or contemporaneous agreement between the parties, oral or written, including the Owner’s award of the Project to Contractor, unless such agreement is expressly

BID 2627-015 SUMMER 2027 ROOFING AT <<SITE NAME>> 5

incorporated herein. The Owner makes no representations or warranties, express or implied, not specified in the Contract. The Contract is intended as the complete and exclusive statement of the parties’ agreement pursuant to Code of Civil Procedure section 1856.

ARTICLE XIII. EXECUTION OF OTHER DOCUMENTS. The parties to this Agreement cooperate fully in the execution of any and all other documents and in the completion of any additional actions that may be necessary or appropriate to give full force and effect to the terms and intent of the Contract.

ARTICLE XIV. EXECUTION IN COUNTERPARTS. This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages. A copy, or an original, with all signatures appended together, shall be deemed a fully executed Agreement.

ARTICLE XV. BINDING EFFECT. Contractor, by execution of this Agreement, acknowledges that Contractor has read this Agreement and the other Contract Documents, understands them, and agrees to be bound by their terms and conditions. The Contract shall inure to the benefit of and shall be binding upon the Contractor and the Owner and their respective successors and assigns.

ARTICLE XVI. SEVERABILITY; GOVERNING LAW; CHOICE OF FORUM. If any provision of the Contract shall be held invalid or unenforceable by a court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. The Contract shall be governed by the laws of the State of California. Any action or proceeding seeking any relief under or with respect to this Agreement shall be brought solely in the Superior Court of the State of California for the County of Los Angeles, subject to transfer of venue under applicable State law.

ARTICLE XVII. AMENDMENTS. The terms of the Contract shall not be waived, altered, modified, supplemented or amended in any manner whatsoever except by written agreement signed by the parties and approved or ratified by the Governing Board.

ARTICLE XVIII. ASSIGNMENT OF CONTRACT. The Contractor shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of the surety on the payment bond, the surety on the performance bond and the Owner.

ARTICLE XIX. WRITTEN NOTICE. Written notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm or to an officer of the corporation for whom it was intended, or if delivered at or sent by registered or certified or overnight mail to the last business address known to the person who gives the notice.

BID 2627-015 SUMMER 2027 ROOFING AT <<SITE NAME>> 6

CONTRACTOR

Signature

Name

Title

Date

Burbank Unified School District

Date

NOTE: Contractor must list the full name and title of a duly authorized signatory.

Partnerships must furnish the full name of all partners and the Agreement must be signed in the partnership name by a general partner with authority to bind the partnership in such matters. The name of the person signing shall also be typed or printed below the signature. Satisfactory evidence of the authority of the officer signing on behalf of a corporation shall be furnished upon request.

Purchasing Services Department

INDEPENDENT CONTRACTOR STUDENT CONTACT FORM

BID 2627-015 SUMMER 2027 ROOFING AT VARIOUS SITES

Contractor Name: _____________________________________________________________________

Supervisor/Foreman Name: _____________________________________________________________

Start Date: _______________________________ End Date: _________________________________

Location of Work: _____________________________________________________________________

Hours of Work: ___________________________ Number of Employees on the Job: _____________

Yes No Employees will have more than limited contact with students as determined by District, or if by Contractor, please explain:

If yes, the following steps will be taken to ensure student safety (check):

A physical barrier will be installed at the worksite to limit contact with pupils.

Employees will be continually monitored and supervised by an employee who has not been convicted of a violent or serious felony.

Name of Supervising Employee: __________________________________________________

Date of Department of Justice verification: __________________________________________

Custodian of Records: __________________________________________________________

Employees will be surveilled by Owner’s personnel.

I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge.

Signed: __________________________________________________________

Printed Name: ____________________________________________________

Company Name: __________________________________________________

Title: ____________________________________________________________

Date: ____________________________________________________________

Contractor:

Foreman:

StartDate_af_date:

EndDate_af_date:

Location:

HoursOfWork:

EmpCount:

Contact?: Off

Explanation:

Barrier: Off

Monitored: Off

Surveilled: Off

Supervising:

Custodian:

Verification:

Name:

Company Name:

Title:

Date_af_date:

PAYMENT BOND

BID 2627-015 SUMMER 2027 ROOFING AT VARIOUS SITES 1

(Labor and Materials)

KNOW ALL MEN BY THESE PRESENTS:

That WHEREAS, BURBANK UNIFIED SCHOOL DISTRICT (the Owner of the public works project described below) and CONTRACTOR, hereinafter designated as the "Principal,” have entered into a Contract for the furnishing of materials and labor, services and transportation, necessary, convenient, and proper to construct:

BID 2627-015-xx SUMMER 2027 ROOFING AT <<SITE NAME>>

Which said agreement dated AGREEMENTDATE and all of the Contract Documents are hereby referred to and made a part hereof; and WHEREAS, the Principal is required, before entering upon the performance of the work, to file a good and sufficient bond with the body by whom the Contract is awarded to secure the claims arising under said agreement.

NOW, THEREFORE, THESE PRESENTS WITNESSETH:

That the said Principal and the undersigned ________________________________________________ (“Surety”) are held and firmly bound unto all laborers, material men, and other persons, and bound for all amounts due, referred to in Civil Code section 9554, subdivision (b), in the sum of AMOUNT IN WORDS AND NUMBERS which sum well and truly be made, we bind ourselves, our heirs, executors, administrators, successors, or assigns, jointly and severally, by these presents.

The condition of this obligation is that if the said Principal or any of its subcontractors, or the heirs, executors, administrators, successors, or assigns of any, all, or either of them, shall fail to pay any of the persons named in Civil Code section 9100, or any of the amounts due, as specified in Civil Code section 9554, subdivision (b), that said Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay costs and reasonable attorney's fees to be awarded and fixed by the Court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims so as to give a right of action to them or their assigns in any suit brought upon this bond.

Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.

And the said Surety, for value received, thereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of said contract or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition.

PAYMENT BOND

(Labor and Materials)

IN WITNESS WHEREOF, the above-bound parties have executed this instrument under several seals this _____ day of ___________________, ________, hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.

(To be signed by ) (Principal and Surety, ) (and acknowledged and ) (Notarial Seal attached )

(Affix Corporate Seal)

(Individual Principal)

(Business Address)

(Corporate Principal)

(Corporate Surety)

By: __________________________________

The rate of premium on this bond is $_____________ per thousand.

The total amount of premium charged is $_____________________.

The above must be filled in by Corporate Surety.

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS: that we, CONTRACTOR, as Principal and _________________________________________________ as Surety, are held and firmly bound unto BURBANK UNIFIED SCHOOL DISTRICT, in the County of Los Angeles, State of California, hereinafter called the "Owner," in the sum of AMOUNT IN WORDS AND NUMBERS for the payment of which sum well and truly made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, to the Owner for the full performance of a certain contract with the Owner, the terms of which are incorporated herein by reference, dated AGREEMENTDATE, for construction of:

BID 2627-015-xx SUMMER 2027 ROOFING AT <<SITE NAME>>

The condition of this obligation is such that, if the Principal shall well and truly perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of said Contract during the original term of said Contract and any extensions thereof that may be granted by the Owner, with or without notice to the Surety, and for the period of time specified in said Contract after completion for correction of faulty or improper materials and workmanship and during the life of any guaranty or warranty required under the Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreement of any and all duly authorized modifications of said Contract that may hereafter be made, then this obligation is to be void, otherwise to remain in full force and virtue.

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

No further agreement between Surety and Owner shall be required as a prerequisite to the Surety performing its obligations under this bond.

PERFORMANCE BOND

IN WITNESS WHEREOF, the above-bound parties have executed this instrument under several seals this _____ day of ___________________, ________, hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.

(To be signed by ) (Principal and Surety, ) (and acknowledged and ) (Notarial Seal attached )

(Individual Principal)

(Corporate Principal)

(Corporate Surety)

By: __________________________________

The rate of premium on this bond is $_____________ per thousand.

The total amount of premium charged is $_____________________.

The above must be filled in by Corporate Surety.

GUARANTEE

We hereby guarantee that the ______________________________________________________ which we have installed as part of:

BID 2627-015-XX SUMMER 2027 ROOFING AT <<SITE NAME>>

has been done in accordance with the plans, drawings and specifications and that the work as installed will fulfill the requirements included in the specifications. The undersigned agrees to repair or replace any or all of such work, together with any other adjacent work which may be displaced in connection with such repair or replacement, that may prove to be defective in workmanship or material within a period of five (5) years from the date of completion of the project, ordinary wear and tear and unusual abuse or neglect excepted.

In the event of the undersigned’s failure to comply with the above-mentioned conditions within a reasonable period of time, as determined by the DISTRICT, but not later than ten (10) calendar days after being notified in writing by the DISTRICT, the undersigned authorized the DISTRICT to proceed to have said defects repaired or replaced and made good at the expense of the undersigned, which will pay the costs and charges therefore upon demand.

Date of Completion: ____________________ Guarantee Expiry: ________________________

Contractor

Print Name

Subcontractor

Print Name

GUARANTEE

BID 2627-015 SUMMER 2027 ROOFING AT VARIOUS SITES 2

Representatives to be contacted for service:

Company

Street Address

City, State ZIP

Email Address

Telephone

Project Description:

Completion_es_:date:

Expiration_es_:date:

Company:

Name:

Title:

SubName:

SubTitle:

SubSignature_es_:signature:

Signature_es_:signer:signature:

Subcontractor:

RepName:

RepCompany:

RepAddress:

RepCityStateZIP:

RepEmail:

RepPhone:

FINANCIAL INTEREST DISCLOSURE

Pursuant to Public Contract Code §3006(b):

I hereby certify that I have not offered, given, or agreed to give, received, accepted, or agreed to accept, any gift, contribution, or any financial incentive whatsoever to or from any person in connection with the public works contract identified as BID 2627-015-xx SUMMER 2027 ROOFING AT <<SITE

NAME>>.

As used in this certification, “person” means any natural person, business, partnership, corporation, union, committee, club, or other organization, entity, or group of individuals. Furthermore, I hereby certify that I do not have, and throughout the duration of the contract, I will not have, any financial relationship in connection with the performance of this contract with any architect, engineer, consultant, materials manufacturer, distributor, or vendor that is not disclosed below.

I hereby disclose the following financial relationship(s) with a person or business entity in connection with the above-named contract:

Person or Entity: _________________________________________________________

Physical Address: _________________________________________________________

City, State, ZIP: __________________________________________________________

Telephone: __________________ Email Address: _____________________________

Nature of Financial Relationship: ____________________________________________

If there are none, please check this box:

I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge.

Signed: __________________________________________________________

Printed Name: ____________________________________________________

Company Name: __________________________________________________

Title: ____________________________________________________________

Date: ____________________________________________________________

Note: This document must be executed and submitted with the executed Agreement between Owner and Contractor. This page may be duplicated as needed for additional listings.

Entity:

Address:

CSZ:

Phone:

email:

relationship1:

relationship2:

relationship3:

Check Box6: Off

Name:

company:

Title:

Date11_af_date:

SECURITY DEPOSIT IN LIEU OF RETENTION

ESCROW AGREEMENT

This Escrow Agreement is made and entered into by and between Burbank Unified School District, whose address is 1900 W. Olive Avenue, Burbank, CA 91506, hereinafter called “DISTRICT”, _______________________________________________________________________, whose address is

_______________________________________________________, hereinafter called “Contractor”, and

_______________________________________________________________________, whose address is

________________________________________________________, hereinafter called “Escrow Agent”.

For the consideration hereinafter set forth, the DISTRICT, Contractor, and Escrow Agent agree as follows:

1. Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings required to be withheld by DISTRICT pursuant to the Agreement entered into between the DISTRICT and Contractor for __________________________________________________________ in the amount of $____________________________________, dated _____________, 20____ (hereinafter referred to as the “Agreement”). Alternatively, upon written request of the Contractor, the DISTRICT shall make payments of the retention earnings directly to the Escrow Agent. When Contractor deposits the securities as a substitute for retention earnings, the Escrow Agent shall notify the DISTRICT within 10 days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Agreement between the DISTRICT and Contractor.

Securities shall be held in the name of:

and shall designate the Contractor as the beneficial owner.

2. The DISTRICT shall make progress payments to the Contractor for these funds which otherwise would be withheld from progress payments, provided that the Escrow Agent holds securities in the form and amount specified above.

3. When the DISTRICT makes payments of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until the time the escrow created under this Escrow Agreement is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this Escrow Agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the DISTRICT pays the Escrow Agent directly.

BID 2627-015 SUMMER 2027 ROOFING AT VARIOUS SITES 2

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

5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of the Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the

DISTRICT.

6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from the DISTRICT to the Escrow Agent that DISTRICT consents to the withdrawal of the amount sought to be withdrawn by Contractor.

7. The DISTRICT shall have the right to draw upon the securities in the event of default by the Contractor. Upon seven days’ written notice to the Escrow Agent from the DISTRICT of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the DISTRICT.

8. Upon receipt of written notification from the DISTRICT certifying that the Agreement is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Agreement, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all monies and securities on deposit and payments of fees and charges.

9. Escrow Agent shall rely on the written notifications from the DISTRICT and the Contractor pursuant to Sections (6) to (8), inclusive of this Escrow Agreement and the DISTRICT and Contractor shall hold Escrow Agent harmless from Escrow Agent’s release and disbursement of the securities and interest as set forth above.

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

BID 2627-015 SUMMER 2027 ROOFING AT VARIOUS SITES 3

On behalf of DISTRICT:

Name Title

Address City, State ZIP

On behalf of Contractor:

On behalf of Escrow Agent:

At the time Escrow Account is opened, the DISTRICT and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Escrow Agreement.

Contractor:

EscrowAgent:

EscrowAgentAddress:

ProjectName:

ContractAmount:

Month&Day:

Year:

SecurityHolder:

DistrictName:

DistrictTitle:

DistrictAddress:

DistrictCSZ:

ContractorAddress:

ContractorName:

ContractorTitle:

ContractorCSZ:

EscrowName:

EscrowAddress:

EscrowTitle:

EscrowCSZ:

COMMUNITY WORKFORCE AGREEMENT

BY AND BETWEEN THE

BURBANK UNIFIED SCHOOL DISTRICT

AND

LOS ANGELES AND ORANGE COUNTIES

BUILDING AND CONSTRUCTION TRADES COUNCIL

AND

THE SIGNATORY CRAFT COUNCILS AND UNIONS

FOR

CONSTRUCTION, REPAIR, UPGRADE, RENOVATION,

MODERNIZATION, EXPANSION, REHABILITATION AND IMPROVEMENT WORK

Burbank Unified School District 2 Community Workforce Agreement

TABLE OF CONTENTS Page

ARTICLE 1 INTENT AND PURPOSE 4

ARTICLE 2 SCOPE OF AGREEMENT 6

ARTICLE 3 UNION RECOGNITION AND EMPLOYMENT 10

ARTICLE 4 UNION ACCESS AND STEWARDS 15

ARTICLE 5 WAGES AND BENEFITS 16

ARTICLE 6 WORK STOPPAGES AND LOCKOUTS 17

ARTICLE 7 WORK ASSIGNMENTS AND JURISDICTIONAL DISPUTES 20

ARTICLE 8 MANAGEMENT RIGHTS 21

ARTICLE 9 SETTLEMENT OF GRIEVANCES AND DISPUTES 23

ARTICLE 10 REGULATORY COMPLIANCE 25

ARTICLE 11 SAFETY AND PROTECTION OF PERSON AND PROPERTY 26

ARTICLE 12 TRAVEL AND SUBSISTENCE 27

ARTICLE 13 APPRENTICES 27

ARTICLE 14 WORK OPPORTUNITIES PROGRAM 28

ARTICLE 15 WORKING CONDITIONS 29

ARTICLE 16 PRE-JOB CONFERENCES 29

ARTICLE 17 LABOR/MANAGEMENT COOPERATION 30

ARTICLE 18 SAVINGS AND SEPARABILITY 30

ARTICLE 19 WAIVER 31

ARTICLE 20 AMENDMENTS 31

ARTICLE 21 DURATION OF THE AGREEMENT 31

ATTACHMENT A – LETTER OF ASSENT 34

ATTACHMENT B – LOCAL RESIDENT ZIP CODES 35

ATTACHMENT C – CRAFT EMPLOYEE REQUEST FORM 36

ATTACHMENT D – DRUG AND ALCOHOL TESTING POLICY 38

Burbank Unified School District 3 Community Workforce Agreement

BURBANK UNIFIED SCHOOL DISTRICT

COMMUNITY WORKFORCE AGREEMENT

FOR CONSTRUCTION, REPAIR, UPGRADE, RENOVATION,

MODERNIZATION, EXPANSION, REHABILITATION AND IMPROVEMENT WORK

This Community Workforce Agreement (“Agreement”) is entered into by and among the

Board of Education of the Burbank Unified School District (“District”), the Los Angeles/Orange Counties Building and Construction Trades Council (“Council”), and the signatory Craft Councils and Unions signing this Agreement (hereinafter together with the Council, collectively, the “Union” or “Unions”). This Agreement establishes the labor relations guidelines and procedures for the District and for the Contractors and craft employees represented by the Unions and engaged in Project Work. The District, Council and Unions are hereinafter referred to herein, as the context may require, as “Party” or “Parties.”

The Parties to this Agreement understand that if this Agreement is acceptable to the District, the policy of the District will be for Project Work to be contracted exclusively to Contractors who agree to execute and be bound by the terms of this Agreement, directly or through the Letter of Assent (a form of which is attached as Attachment A), and to require each of its subcontractors, of whatever tier, to become bound. The District shall include, directly or by incorporation by reference, the requirements of this Agreement in the advertisement of and/or specifications for each and every contract for Project Work to be awarded by the District.

The District shall actively administer and enforce the obligations of this Agreement to ensure that the benefits envisioned from it flow to all signatory Parties, the Contractors and crafts persons working under it, and the residents and students of the District. The District shall therefore designate a “Community Workforce Coordinator,” either from its own staff or an independent entity acting on behalf of the District, to monitor compliance with this Agreement;

assist, as the authorized representative of the District, in developing and implementing the programs referenced herein, all of which are critical to fulfilling the intent and purposes of the Parties and this Agreement; and to otherwise implement and administer this Agreement.

The term “Apprentice” as used in this Agreement shall mean those employees registered and participating in Joint Labor/Management Apprenticeship Programs approved by the Division of Apprenticeship Standards, Department of Industrial Relations of the State of California.

The term “Contractor” as used in this Agreement includes any individual, firm, partnership, owner operator, or corporation, or combination thereof, including joint ventures, which as an independent Contractor has entered into a contract with the District with respect to the Project Work, or with another Contractor as a subcontractor of whatever tier utilized by such Contractors for Project Work.

The term “Joint Labor/Management Apprenticeship Program” as used in this Agreement means a joint Union and Contractor administered apprenticeship program certified by the Division of Apprenticeship Standards, Department of Industrial Relations of the State of California.

The term “Letter of Assent” as used in this Agreement means the document that each Contractor (of any tier) must sign and submit to the Community Workforce Coordinator and the

Burbank Unified School District 4 Community Workforce Agreement

Council, before beginning any Project Work, which formally binds them to adhere to all the forms, requirements and conditions of this Agreement, in the letter attached hereto as Attachment A.

The term “Project” or “Project Work” as used in this Agreement means the District’s Construction, Repair, Upgrade, Renovation, Modernization, Expansion, Rehabilitation and Improvement work and new construction projects which exceed the thresholds set forth in Section 2.2 of this Agreement and are contracted out by the District.

The term “Master Labor Agreements” as used in this Agreement, means the local collective bargaining agreements of the signatory Unions having jurisdiction over the Project Work and which have signed this Agreement.

The term “Subscription Agreement” means the contract between a Contractor and a Union’s Labor/Management Trust Fund(s) that allows the Contractor to make the appropriate fringe benefit contributions in accordance with the terms of MLA.

The Union and all Contractors agree to abide by the terms and conditions of this Agreement and agree that this Agreement represents the complete understanding of the Parties.

No Contractor is or will be required to sign or otherwise become a party to any other collective bargaining agreement with a signatory Union as a condition of performing work within the scope of this Agreement, except as may be required under Section 2.7(b).

The Parties agree that this Agreement will be made available to, and will fully apply to, any successful bidder for Project Work, without regard to whether that successful bidder performs work at other sites on either a union or non-union basis. This Agreement shall not apply to any work of any Contractor other than that on Project Work specifically covered by this Agreement.

The use of masculine or feminine gender or titles in this Agreement should be construed as including both genders and not as gender limitations unless the Agreement clearly requires a different construction. Further, the use of Article titles and/or Section headings are for information only, and carry no legal significance.

ARTICLE 1

INTENT AND PURPOSE

Section 1.1 Background: The District's new construction and major rehabilitation projects will affect the school buildings and offices that are owned, leased or controlled by the District.

The goal of this Project is to provide new construction and major rehabilitation of the District's facilities so as to provide sufficient facilities and technologies to educate properly the children within the District's boundaries. The District, therefore, wishing to utilize the most modern, efficient and effective procedures for construction, including assurances of a sufficient supply of skilled craftsperson's, and the elimination of disruptions or interference with Project Work, adopts this Agreement in the best interests of the students, parents, District staff, and the taxpayers of the District to meet the District’s goal that Project Work be completed on time and within budget.

Burbank Unified School District 5 Community Workforce Agreement

Section 1.2 Identification and Retention of Skilled Labor and Employment of District Residents: The vast amount of new school construction, substantial rehabilitation, and capital improvement work scheduled to be performed by the District will require large numbers of craft personnel and other supporting workers. The parties understand and intend to use the opportunities provided by the extensive amount of work to be covered by this Agreement to identify and promote, through cooperative efforts, programs and procedures (which may include, for example, programs to prepare persons for entrance into formal apprenticeship programs, or outreach programs to the community describing opportunities available as a result of the Project), the interest and involvement of District residents in the construction industry; assist them in entering the construction trades, and through utilization of the joint labor/management sponsored apprenticeship programs, provide training opportunities for those District residents and other individuals wishing to pursue a career in construction. Further, with assistance of the Community Workforce Coordinator, the District, the contractors, the Unions and their affiliated regional and national organizations, will work jointly to develop and implement procedures promptly for the identification of craft needs, the scheduling of work to facilitate the utilization of available craft workers, and to secure the services of craft workers in sufficient numbers to meet the high demands of the Project Work to be undertaken.

Section 1.3 Encouragement of Local and Small Business: The Project will provide many opportunities for local and small business enterprises to participate as contractors or suppliers, and the parties therefore agree that they will cooperate with all efforts of the District, the Community Workforce Coordinator, and other organizations retained by the District for the purpose of encouraging and assisting the participation of local and small businesses in Project Work. Specifically, all parties understand that the District has established and quantified goals which place a strong emphasis on the utilization of local and small businesses on the Project.

Each party agrees that it shall employ demonstrable efforts to encourage utilization in an effort to achieve such goals. This may include, for example, participation in outreach programs, education and assistance to businesses not familiar with working on a project of this scope, and the encouragement of local residents to participate in Project Work through programs and procedures jointly developed to prepare and encourage such local residents for apprenticeship programs and formal employment on the Project through the referral programs sponsored and/or supported by the parties to this Agreement. Further, the parties shall ensure that the provisions of this Agreement do not inadvertently establish impediments to the participation of local and small businesses, and residents of the District.

Section 1.4 Project Cooperation: The parties recognize that the construction to take place under this Agreement involves unique and special circumstances which dictate the need for the parties to develop specific procedures to promote high quality, rapid and uninterrupted construction methods and practices. The smooth operation and successful and timely completion of the work is vitally important to the parents and the students of the District. The parties therefore agree that maximum cooperation among all parties involved is required; and that with construction work of this magnitude, with multiple contractors and crafts performing work on multiple sites of over an extended period of time, all parties agree to work in a spirit of harmony and cooperation, and with an overriding commitment to maintain the continuity of Project Work.

Further, the parties recognize that an Act of God or on Act of War could require the District to partially or fully suspend Project Work. The parties shall fully cooperate with any request by the

Burbank Unified School District 6 Community Workforce Agreement

District to redirect their equipment, skills and expertise to support the District's efforts necessitated by such events.

Section 1.5 Workers' Compensation Carve-out: Further, the parties recognize the potential which the Project may provide for the implementation of a cost effective workers' compensation system as permitted by California Labor Code, Section 3201.5, as revised. Should the District request, the Union parties agree to meet and negotiate in good faith with representatives of the District for the development, and subsequent implementation, of an effective program involving improved and revised dispute resolution and medical care procedures for the delivery of workers’ compensation benefits and medical coverage as permitted by the Code.

Section 1.6 Peaceful Resolution of All Disputes: In recognition of the special needs of the Project and to maintain a spirit of harmony, labor-management peace and stability during the term of this Community Workforce Agreement, the parties agree to establish effective and binding methods for the settlement of all misunderstandings, disputes and grievances; and in recognition of such methods and procedures, the unions agree not to engage in any strike, slowdowns or interruptions or disruption of Project Work, and the contractors agree not to engage in any lockout, or any other action impairing or impeding the Project Work.

Section 1.7 Binding Agreement on Parties and Inclusion of District Residents and Businesses: By executing this Agreement, the District, Council, Unions and Contractors agree to be bound by each and all of the provisions of this Agreement, and pledge that they will work together to adopt, develop and implement processes and procedures which are inclusive of the residents and businesses of the District.

ARTICLE 2

SCOPE OF AGREEMENT

Section 2.1 General: This Agreement shall only apply to work which is contracted out by the District. This Agreement shall apply and is limited to all of the District’s Project Work, as specified in Section 2.2 of this Article, performed by those Contractor(s) of whatever tier that have contracts awarded for such work, for the development of the District’s facilities which, jointly, constitute the Project, and have been designated by the District for construction or rehabilitation.

Section 2.2 Specific: The Project is defined and limited to:

2.2.1 All Project work pursuant to prime multi-trade construction contracts that exceed five hundred thousand dollars ($500,000.00) and all subcontracts flowing from these prime multi-trade contracts; and

2.2.2 All prime specialty contracts for Project Work that exceed seventy-five thousand ($75,000), and all subcontracts flowing from these…