(7)_Lead_Containing_176349_(1).pdf

LEAD-CONTAINING MATERIALS CERTIFICATION

Project & Bid Package No.: ______________________________ (“Project”)

Contractor: _______________________________________ (“CONTRACTOR”)

THE CONTRACTOR IS HEREBY NOTIFIED that, if the CONTRACTOR’s work on the Project (“Work”) is other than entirely new construction, the Work may disturb lead-containing or lead-based paint and other building materials that may be incorporated into existing buildings or other improvements located on the Project site.

Until sampling and testing confirms otherwise, it shall be presumed that all school buildings and improvements built in 1992 or earlier contain lead-based or lead-containing paint. The CONTRACTOR must complete, sign and submit a copy of this Lead-Containing Materials Certification to the District prior to commencing the Work.

The CONTRACTOR shall be responsible for ensuring that its employees and subcontractors fully and adequately comply with, and that the Work is performed in conformance with, all applicable laws, ordinances, rules and regulations governing lead-based or lead-containing paint and other materials, including, but not limited to: (i) Education Code Section 32240 et seq.; (ii) Title 8, California Code of Regulations, Section 1532.1; and (iii) Title 17, California Code of Regulations, Section 35001, et seq.

If the Work involves renovation, modernization or other disturbance of any existing school buildings or improvements, the CONTRACTOR shall sample and test all materials as appropriate to determine whether lead-based paint or other materials are present and may present a hazard or threat during any such renovation or modernization. The CONTRACTOR shall provide the District with the results of any such testing whether conducted prior to commencement of the Work, during the Work, or after completion of the Work.

Any and all Work that may result in the disturbance of lead containing building materials must be coordinated through the District. Consistent with applicable law, when a lead-based hazard is identified, the CONTRACTOR shall utilize personnel certified by the Department of Health Services (“DHS”) to perform lead-related services.

The District may at any time request that CONTRACTOR provide the training and certification records of each employee of the CONTRACTOR or subcontractor who provides lead-related services. The CONTRACTOR shall be solely responsible for proper disposal, in conformance with all applicable laws, of any and all lead-containing, lead-based or hazardous waste products including, but not limited to, paint chips, residue, and any other material that may be exposed or disturbed during the course of the Work.

California Education Code section 32244 prohibits, in the construction of any new school facility or in the modernization or renovation of any existing school facility, the

BAW&G/JWF/176349

use of lead-containing or lead-based paint, plumbing, solders, and other materials that may constitute a potential source of lead contamination.

In the event the CONTRACTOR or its employees or subcontractors fail to comply with all applicable laws, rules and regulations related to lead-containing or lead-based paints and other materials, or fail to comply with any other requirements set forth in this Lead-Containing Materials Certification, resulting in site or worker contamination, the CONTRACTOR shall be held solely responsible for all costs involved in any required corrective actions, and shall indemnify, defend and hold harmless the District, pursuant to the indemnification provisions of the Construction Services Agreement and Contract Documents for the Work, for all damages and other claims arising therefrom.

ON BEHALF OF THE CONTRACTOR, THE UNDERSIGNED HEREBY

ACKNOWLEDGES THAT (i) HE OR SHE HAS RECEIVED NOTICE THAT LEAD-

CONTAINING OR LEAD-BASED PAINT OR OTHER MATERIALS MAY BE LOCATED

ON THE PROJECT SITE; AND (ii) HE OR SHE HAS RECEIVED NOTICE THAT THE

CONTRACTOR MUST COMPLY WITH ALL APPLICABLE LAWS, RULES AND

REGULATIONS GOVERNING WORK WITH, AND DISPOSAL OF, SUCH

MATERIALS. ON BEHALF OF THE CONTRACTOR, THE UNDERSIGNED HEREBY

AGREES THAT THE CONTRACTOR SHALL COMPLY WITH ALL SUCH

APPLICABLE LAWS, RULES AND REGULATIONS, AS WELL AS THE OTHER

REQUIREMENTS OF THIS LEAD-CONTAINING MATERIALS CERTIFICATION. THE

UNDERSIGNED REPRESENTS AND WARRANTS THAT HE OR SHE IS DULY

AUTHORIZED BY THE CONTRACTOR TO EXECUTE THIS LEAD-CONTAINING

MATERIALS CERTIFICATION ON BEHALF OF, AND TO THEREBY BIND, THE

CONTRACTOR.

(Print Representative’s Name)

(Representative’s Title/Position)

(Representative’s Signature)

(Date Signed)