MT. SAN ANTONIO COLLEGE ESCROW AGREEMENT

ESCROW AGREEMENT FOR

SECURITY DEPOSITS IN LIEU OF RETENTION

Public Contact Code Section 22300

(Note: Contractor must use this form.) (Obtain the document from Owner Representative)

This Escrow Agreement (“Escrow Agreement”) is made and entered into this day of , 20___, by and between the Mt. San Antonio College (“Owner”), whose address is , California, and (“Contractor”), whose address is , and (“Escrow Agent”), a state or federally chartered bank in the state of California, whose address is

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

1. Pursuant to section 22300 of Public Contract Code of the State of California, which is hereby incorporated by reference, Contractor has the following:

Deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract No. ___ entered into between Owner and Contractor for the Project, in the amount of Dollars ($ ) dated, , 20_____, (the “Contract”); or

On written request of Contractor, Owner shall make payments of the retention earnings for the above referenced Contract directly to Escrow Agent.

When Contractor deposits the securities as a substitute for Contract earnings under subsection “(a)” above, Escrow Agent shall notify Owner within ten (10) calendar days of the deposit. The market value of the securities at the time of substitution and at all times from substitution until the termination of the Escrow Agreement shall be at least equal to the cash amount then required to be withheld as retention under terms of Contract between Owner and Contractor.

Securities shall be held in name of Mount San Antonio College, and shall designate Contractor as beneficial owner.

2. Owner shall make progress payments to Contractor for those funds which otherwise would be withheld from progress payments pursuant to Contract provisions, provided that Escrow Agent holds securities in form and amount specified above.

3. When Owner makes payment of retention earned directly to Escrow Agent, Escrow

Agent shall hold them for the benefit of Contractor until the time that the escrow created under this Escrow Agreement is terminated. 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 Owner pays Escrow Agent directly.

4. Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account, and all expenses of Owner. The Owner may charge Contractor $______ for each of Owner’s deposits to the escrow account. These expenses and payment terms shall be determined by Owner, Contractor, and Escrow Agent.

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

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

7. Owner shall have the right to draw upon the securities and/or withdraw amounts from the Escrow Account in the event of default by Contractor. Upon seven (7) days’ written notice to Escrow Agent from Owner of the default, if applicable, Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by Owner.

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

9. Escrow Agent shall rely on written notifications from Owner and Contractor pursuant to Paragraphs 5 through 8, inclusive, of this Escrow Agreement and Owner and Contractor shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of securities and interest as set forth above.

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

On behalf of Owner: On behalf of Contractor:

Title Title

Name Name

Signature Signature

Address Address

On behalf of Escrow Agent:

Title

Name

Signature

Address

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

IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above.

On behalf of Owner: On behalf of Contractor:

Title Title

Name Name

Signature Signature

Address Address

On behalf of Escrow Agent:

Title

Name

Signature

Address

END OF DOCUMENT

SECTION 01210

CONSTRUCTION FORMS

T he following form s are attached herein and shall be used during construction as required by the contract docum ents:

1. Application for Payment

2. ChangeOrder

3. Conditional Waiver and Release – Progress Payment

4. Conditional Waiver and Release – Final Pa yment

5. Daily Report

6. Daily Extra Work Report

7. Escrow Agreement for Security Deposits inLieu of Retention

8. Field Clarification

9. Final Payment Checklist

10. Guarantee Form

11. Inspection Request Form

12. Notice of Correction

13. Notice of Non-Conformance

14. Preliminary Lien Information

15. Proposed Change Order

16. Request for Inform ation (RFI) Form

17. Schedule of Values Sheet

18. Subm ittal Transm ittal Sheet

19. Substitution Form

20. Unconditional Waiver and Release – Progress Payment

21. Unconditional Waiver and Release – FinalPayment

MT. SAN ANTONIO COLLEGE CONSTRUCTION FORMS – 01210

Project Description: MtSAC Project Name Payment Period:

00/00/0000 To

Payment Application/Prime Contractor Invoice

Date INVOICE NUMBER 000

Owner: Contractor: Architect:

Mt. San Antonio College Prime Contractor Architect Firm

Revised Contract Amount 0.00

1100 North Grand Avenue Address Address

Address

Contract Number: Contract Number

Original Contract Amount 0.00

Total Amount of Change Orders 0.00

Total Completed To Date 0.00

Less Retention 0.00

Less Previous Billings 0.00

Mt. San Antonio College Date

00/00/0000

Tilden-Coil Constructors, Inc. Date

Architect Firm Date

Mt. San Antonio College Date

Amount Due This Billing 0.00

District Reference Number: Retention Escrow Account Information:

PO #XXXXX Bid #XXXX

Prime Contractor Date

Mt. San Antonio College

CHANGE ORDER

OWNER: MT. SAN ANTONIO COLLEGE Change Order No.:

PROJECT: ____________ Date:

CONTRACTOR: PCO No(s).:

ADDRESS: . Project No.:

DESCRIPTION OF CHANGE:

Incorporate the following work into the Contract Documents for the amount and time agreed upon as listed below:

Original Contract Amount $ Previously Approved Change Orders (Nos. ) $ Amount of this Change Order $ CURRENT CONTRACT AMOUNT including this Change Order $

Agreed time extension: calendar days to Milestone No(s).:

CURRENT CONTRACT COMPLETION DATE including this Change Order:

REVIEWED BY:

θ Structural Changes θ Non-Structural Changes

Architect: Date:

Project Manager: Date:

The Contractor agrees that the adjustment of the Contract Amount and Contract Time reflected in this Change Order represents the entire and complete adjustment of the Contract Amount and Contract Time for the changes set forth in this Change Order. The adjustment of the Contract Amount includes without limitation all direct costs of labor, materials, services and equipment to complete such changes as well as any and all indirect costs of impacts, delays, interference or hindrances in performing, providing and completing the changes set forth in this Change Order. The adjustment of the Contract Time includes without limitation all adjustments of time necessary to perform, provide and complete the changes set forth in this Change Order and any and all impacts, delays, interference or hindrances in performing, providing and completing the changes. Except for as expressly set forth in this Change Order, there shall be no other adjustment of the Contract Amount or Contract Time for the changes set forth in this Change Order.

ACCEPTED BY:

Contractor: Date:

Owner: Date:

(Mt. San Antonio College)

CONDITIONAL WAIVER AND RELEASE

UPON FINAL PAYMENT

CALIFORNIA CIVIL CODE SECTION 8136

Name of Claimant: _____________________________________________ Name of Customer: _____________________________________________ Job Location:__________________________________________________ Owner:_______________________________________________________

This document waives and releases lien, stop payment notice, and payment bond rights the claimant has for labor and service provided, and equipment and material delivered, to the customer on this job. Rights based upon labor or service provided, or equipment or material delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant, are waived and released by this document, unless listed as an Exception below. This document is effective only on the claimant's receipt of payment from the financial institution on which the following check is drawn:

Maker of Check: ________________________________________________ Amount of Check: $______________________________________________ Check Payable to:________________________________________________

Exceptions:

This document does not affect any of the following:

Disputed claims for extras in the amount of: $ _________________

Claimant's Signature:___________________________________ Claimant's Title:_______________________________________ Date of Signature:______________________________________

C&B forms effective date 7-1-2012

NOTICE: THIS DOCUMENT WAIVES THE CLAIMANT'S LIEN, S TOP

PAYMENT NOTICE, AND PAYMENT BOND RIGHTS EFFECTIVE O N

RECEIPT OF PAYMENT. A PERSON SHOULD NOT RELY ON THI S

DOCUMENT UNLESS SATISFIED THAT THE CLAIMANT HAS REC EIVED

PAYMENT.

CONDITIONAL WAIVER AND RELEASE

UPON PROGRESS PAYMENT

CALIFORNIA CIVIL CODE SECTION 8132

Job Location:__________________________________________________ Owner:_______________________________________________________ Through Date:__________________________________________________

This document waives and releases lien, stop payment notice and payment bond rights the claimant has for labor and service provided, and equipment and material delivered, to the customer on this job through the Through Date of this document. Rights based upon labor or service provided, or equipment or materials delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant, are waived and released by this document, unless listed as an Exception below. This document is effective only on the claimant’s receipt of payment from the financial institution on which the following check is drawn:

Maker of Check: ________________________________________________ Amount of Check: $______________________________________________ Check Payable to:________________________________________________

Exceptions:

This document does not affect any of the following:

(1) Retentions.

(2) Extras for which the claimant has not received payment.

(3) The following progress payments for which the claimant has previously given a conditional waiver and release but has not received payment:

Date(s) of waiver and release: __________________________________________ Amount(s) of unpaid progress payment(s): $_____________________________

(4) Contract rights, including (A) a right based on rescission, abandonment, or breach of contract, and (B) the right to recover compensation for work not compensated by the payment.

Claimant's Signature:___________________________________ Claimant's Title:_______________________________________ Date of Signature:______________________________________

C&B forms effective 7-1-2012

NOTICE: THIS DOCUMENT WAIVES THE CLAIMANT’S LIEN, S TOP

PAYMENT NOTICE, AND PAYMENT BOND RIGHTS EFFECTIVE O N

RECEIPT OF PAYMENT. A PERSON SHOULD NOT RELY ON TH IS

DOCUMENT UNLESS SATISFIED THAT THE CLAIMANT HAS REC EIVED

PAYMENT.

MT. SAN ANTONI0 COLLEGE

DAILY EXTRA WORK REPORT

TO: PROJECT MANAGER PCO No.:

FROM CONTRACTOR: . Report No.:

SCHOOL: Project No.:

PROJECT: Contract No.:

SUBJECT:

DESCRIPTION OF WORK IN PROGRESS:

BUILDING/AREA OF WORK:

PERSONNEL: BY TRADE, CLASSIFICATION AND HOURS:

EQUIPMENT: BY TYPE, MODEL, NUMBER AND HOURS:

MATERIALS: BY TYPE AND QUANTITIES:

Contractor: Date:

Inspector: _________________________________________________ Date: ___________________

MT. SAC DAILY REPORT

DAILY REPORT FORM

PROJECT: Project #

LOCATION: DATE

CONTRACTOR: SHEET#: of

WEATHER:

WORK COMPLETED TODAY:

EMPLOYEE NAME CLASSIFICATION HRS REMARKS

1._______________________________ 2._______________________________ 3._______________________________ 4._______________________________ 5._______________________________ 6._______________________________ 7._______________________________ 8._______________________________ 9._______________________________ 10.______________________________

EQUIPMENT MAKE AND MODEL WORK COMPLETED

1._______________________________ 2._______________________________ 3._______________________________ 4._______________________________ 5._______________________________

CONTRACTOR SIGNATURE: VISITORS:

FOREMAN’S NAME::

W O R K

C

M P L E T E D

L A B

R

E Q U I P M E N T

MT. SAN ANTONIO COLLEGE

FIELD CLARIFICATION

TO: CONTRACTOR: FC No.:

FROM: PROJECT MANAGER Date:

PROJECT: Project No.:

Reference: Drawings: Specifications: _________________________

The following is issued as a clarification of the Contract Documents without any additional cost and/or time impact to the Contract:

List of Attachments: ___________________________________________________________________

This document provides information or clarification only and does not constitute authorization or direction to proceed with additional work. If, in the opinion of the Contractor, the clarification has impact to the Contract amount and/or time, the Contractor must advise PM in writing within five (5) days of receipt that the clarification constitutes issuance of a change order.

The Contractor’s notice shall be accompanied and appropriately supported with justification, reasoning and references where the contract requirements have been exceeded due to the clarification. Otherwise, this Field Clarification will stand as clarifications to the Contract Documents without any additional costs and/or time impact to the District.

FINAL PAYMENT CHECKLIST

School:

Project:

Project No.:

Contract No.:

Contractor:

Final Completion Date:

Notice of Completion:

Pursuant to Article 8.4.2. of the General Conditions of the Contract:

Conditions Precedent to Disbursement of Final Payment. Neither Final Payment nor any remaining Contract Price shall become due until the Contractor submits to the District each and all of the following submittals that are conditions precedent to the District's obligation to disburse the Final Payment:

Y

Documents Listed Below Are Attached to Final Payment Request

Contractor’s Final Payment Request cannot be processed unless accompanied by this checklist and appropriate documents.

ο 1. An affidavit or certification by the Contractor that payrolls, bills for materials and other indebtedness incurred in connection with the Work for which the District or the District's property may or might be responsible or encumbered have been paid or otherwise satisfied.

ο 2. A certificate evidencing that insurance required by the Contract Documents to remain in force until the Contractor's receipt of Final Payment, is currently in effect.

ο 3. Duly completed and executed forms of Conditional or Unconditional Waivers and Releases of rights upon Final Payment of the Contractor, Subcontractors of any tier and Material Suppliers in accordance with California Civil Code §3262, with each of the same stating that there are, or will be, no claims for additional compensation after disbursement of the Final Payment.

Documents Listed Below Have Been Previously Submitted and Approved

Y N/A ο ο 4. Operations and Maintenance manuals and separate warranties provided by any manufacturer or distributor of any materials or equipment incorporated into the Work.

ο ο 5. The Record Documents, including As-Built Drawings and Specifications.

ο ο 6. The form of Guarantee included in the Contract Documents duly executed by an authorized representative of the Contractor.

ο ο 7. Spare Parts required by the Contract Documents to be delivered to the District upon completion of the Work.

ο ο 8. Letter of Certification and documentation regarding Contractor’s attempt to conform to DVBE requirements.

The above-listed items are attached to the Request for Final Payment, except Items 4, 5, 6 and 7, which Items have been previously submitted and approved before requesting final payment.

A-E/Consultant Authorized Representative Signature Date

Project Manager Signature Date

Rev. 1/22/02 Page 1 of 1

Mt. San Antonio College

GUARANTEE FORM

_______________________________________________________________ (Contractor's Name) hereby unconditionally guarantees that the work performed, _____________________________________ (Project Name) has been done in accordance with the requirements of the Contract and therefore further guarantees the work of the contract to be and remain free of defects in workmanship and materials for a period of one (1) year from the date of completion of the contract, unless a longer guarantee period is called for by the Contract Documents, in which case the terms of the longer guarantee shall govern. The Contractor hereby agrees to repair or replace any and all work, together with any other work which may have been damaged or displaced in so doing, that may prove to be not in accordance with the requirements of the Contract or that may be defective in its workmanship or materials within the guarantee period specified, without any expense whatsoever to the District, ordinary wear and tear and unusual abuse and neglect only excepted. The Contractor has provided contract bonds which will remain in full force and effect during the guarantee period.

The Contractor further agrees that within ten (10) calendar days after being notified in writing by the District of any work not in accordance with the requirements of the contract or any defects in the work, he will commence and prosecute with due diligence all work necessary to fulfill the terms of this guarantee, and to complete the work within a reasonable period of time. In the event he fails to so comply, he does hereby authorize the District to proceed to have such work done at the Contractor’s expense and he will pay the cost thereof upon demand. The District shall be entitled to all costs, including reasonable attorneys’ fees, necessarily incurred upon the Contractor’s refusal to pay the above costs.

Notwithstanding the foregoing paragraph, in the event of an emergency constituting an immediate hazard to the health or safety of the employees of the District, or its property or licensees, the District may undertake at the Contractor’s expense without prior notice, all work necessary to correct such hazardous condition when it was caused by the work of the Contractor not being in accordance with the requirements of this contract, or being defective, and to charge the same to the Contractor as specified in the preceding paragraph.

The guarantee set forth herein is not intended by the parties, nor shall it be construed, as in any way limiting or reducing the District’s rights to enforce all terms of the contract referenced hereinabove or the time for enforcement thereof. This guarantee is provided in addition to, and not in lieu of, the District’s rights on such contract.

CONTRACTOR’S SIGNATURE

SUBCONTRACTOR’S SIGNATURE

Representative to be contacted for services:

Name:

Address:

Phone No.:

Fax No.:

INSPECTION REQUEST FORM

INSPECTION REQUEST FORM

Project: Today’s Date:____________ Date Received:_________

INSPECTION REQUEST NUMBER:_______________________________ Received By:____________

Date Inspection Requested:________________________ Time Requested:_________________________

Location of Inspection:___________________________________________________________________

Description of Inspection to be Performed:___________________________________________________

INSPECTION WRITE-UP

Work Prepared for Inspection when Scheduled: YES / NO

Date Inspection Began:___________________ Time Inspection Began:____________________

Date Inspection Completed:_______________ Time Inspection Completed:_________________

INSPECTION COMMENTS:_____________________________________________________________

Inspector Signature___________________________ Dated___________________________________

ReInspection Required:________________ ReInspection scheduled date & time____________________

Contractor Agrees to Pay for ReInspection costs_______________________________________________

REQUEST MUST BE SUBMITTED TO PROJECT MANAGER 48 HOURS PRIOR TO INSPECTION

NOTICE OF CORRECTION

TO: CONTRACTOR: Date:

FROM: Inspector Architect Project No.:

PROJECT:

Reference: Drawings: Specifications:

DEFICIENCIES NOTED:

The contractor is required to correct the deficiency in compliance with the Contract Documents and to notify Inspector or Architect upon correction.

Inspector or Architect’s Signature: Date:

RESOLUTION OF CORRECTION:

Inspector Architect: Date: ______________

NOTICE OF NON-CONFORMANCE

TO: CONTRACTOR: NONC No.:

FROM: PROJECT MANAGER Date:

DESCRIPTION OF NON-CONFORMING WORK:

The above-indicated work is rejected in accordance with the General Conditions.

Please correct in compliance with the Contract requirements.

Receipt Acknowledged by Contractor: Date:

CONTRACTOR COMMENTS/SUGGESTED RESOLUTIONS:

RESOLUTION OF NON-CONFORMING WORK:

Inspector or Project Manager: Date:

PROPOSED CHANGE ORDER

TO: CONTRACTOR: PCO No.:

FROM: PROJECT MANAGER Date:

Please prepare and submit to the Project Manager within 14 days an itemized proposal of cost and schedule impact for the following proposed change to the Contract:

PROPOSED CHANGE:

To be completed by Contractor:

Proposed Cost: $ Requested Time Extension: _____ Calendar Days

Contractor: _____________________________________________ Date: ______________

To be completed Jointly by PM and Contractor:

Agreed Cost: $ Agreed Time Extension: _____ Calendar Days

Contractor: Date:

Signature on this document does not constitute a change to the Contract or authorization to perform proposed work.

PRELIMINARY LIEN INFORMATION FOR

ALL PRELIMINARY LIEN NOTICES MUST BE:

SENT VIA E-MAIL TO:

purconstruction@mtsac.edu

Name and address of Owner: Mt. San Antonio College

1100 North Grand Avenue Walnut, CA 91789

Project Description / Name: [Project Name] Bid #______

Job Site Address: 1100 North Grand Avenue

Walnut, CA 91789

Name and Address of No Lender – This is a Public Works project Lending Institution:

Contractor’s Name and Billing Address:

PRELIMINARY LIEN INFORMATION SHEET

mailto:purconstruction@mtsac.edu

REQUEST FOR INFORMATION

TO: PROJECT MANAGER RFI No.:

FROM CONTRACTOR: Date:

DESCRIPTION OF PROBLEM / CLARIFICATION / INFORMATION REQUIRED:

CONTRACTOR’S PROPOSED SOLUTION:

By:

Name Signature Answer needed by:

RESPONSE:

Response:

Name Signature Firm: Title: _______________________ Date: ____________

Reviewed by: _______________________________________________________ Date: ___________ Project Manager

This document provides information or clarification only and does not constitute authorization or direction to proceed with additional work. If, in the opinion of the Contractor, the response has impact to the Contract amount and/or time, the Contractor must advise PM in writing within five (5) days of receipt that the response constitutes issuance of a change order.

The Contractor's notice shall be accompanied and appropriately supported with justification, reasoning and references where the contract requirements have been exceeded due to the response to the RFI. Otherwise, the response will stand as clarifications to the Contract Documents only without any additional costs to the District.

SCHEDULE OF VALUES SHEET Page of Pages

APPLICATION AND CERTIFICATE FOR PAYMENT APPLICATION NO:

Containing Contractor's signed Certification, is attached APPLICATION DATE:

In tabulations below, amounts are stated to the nearest dollar PERIOD TO:

Use Column 1 on Contracts where variable retainage for line items may apply. ARCHITECTS PROJECT NO:

A B C D E F G H I J

Item No. Description of Work

Scheduled Value

Work Completed Materials Presently

Stored (Not in D or E)

Total Completed and Stored to Date (D+E+F)

(G+C)

Balance to Finish (C-

G)

Retainage (of Variable

Rate)

From Previous

Applications (D+E) This

Period

CONTRACTOR’S SUBMITTAL TRANSMITTAL SHEET

Contractor: ___________________________________________________

Contractor’s Submittal No.

Bid Package:

Number Description Date

TO: PROJECT MANAGER

Check One:

Original Submittal

Second Submittal of (Original Submittal No.)

Third Submittal of (Original Submittal No.)

Copies Item No. Subject of Submittal Submittal Designation/Specification Section

Check One: (This is not a complete/proper form for substitutions.)

This is a variance from the contract requirements.

We have verified that the material or equipment contained in this submittal meets all the requirements of the contract.

Contractor’s Authorized Signature: ________________________________________________________

MT. SAN ANTONIO COLLEGE SUBSTITUTION FORM

SUBSTITUTION FORM

Substitution Request Form

Failure to complete this form with information required including signature in accordance with Section 01630 - Substitutions will nullify any request for substitution.

TO:

PROJECT:

We hereby submit for your consideration the following product instead of the specified item for the above project:

SECTION PARAGRAPH SPECIFIED ITEM

Proposed Substitution:

Reason for Substitution:

Attach complete technical data, including laboratory test, if applicable.

Include complete information on changes to Drawings and/or Specifications, which proposed substitution will require for its proper installation.

Submit with request all necessary samples and substantiating data to prove equal quality and performance to that which is specified. Clearly mark manufacturer's literature to indicate equality in performance.

Fill in Blanks Below:

A. Does this substitution affect dimensions shown on Drawings?

Yes ________ No ________ If yes, clearly indicate changes.

B. The undersigned acknowledges that they will pay for changes to the building design, including engineering and detailing costs caused by the requested substitution.

C. What affect does substitution have on other trades?

D. What affect does substitution have on applicable code requirements?

E. Differences between proposed substitution and specified item?

F. Manufacturer's guarantees of the proposed and specified items are:

__________Same ____________Different (explain on attachment)

G. Underwriters Laboratory and/or ICBO Number of proposed substitution:

CERTIFICATION OF EQUAL PERFORMANCE AND ASSUMPTION OF LIABILITY

FOR EQUAL PERFORMANCE

The undersigned states that the function, appearance and quality are equivalent or superior to the specified item.

Submitted By:

By:

Signature/Title

Date:

Firm

Remarks:

Address

Telephone/Date

For Use by Design Consultant

________Accepted ________ Accepted as Noted

________Not Accepted ________ Received Too Late

________Approved as alternate - See Bid Form

UNCONDITIONAL WAIVER AND RELEASE

UPON FINAL PAYMENT

CALIFORNIA CIVIL CODE SECTION 8138

Job Location:__________________________________________________ Owner:_______________________________________________________

This document waives and releases lien, stop payment notice, and payment bond rights the claimant has for all labor and service provided, and equipment and material delivered, to the customer on this job.

Rights based upon labor or service provided, or equipment or material delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant, are waived and released by this document, unless listed as an Exception below. The claimant has been paid in full.

Exceptions:

This document does not affect the following:

Disputed claims for extras in the amount of: $ ___________________

Claimant's Signature:___________________________________ Claimant's Title:_______________________________________ Date of Signature:______________________________________

C&B forms effective date 7-1-2012

NOTICE TO CLAIMANT: THIS DOCUMENT WAIVES AND RELEASES

LIEN, STOP PAYMENT NOTICE, AND PAYMENT BOND RIGHTS

UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR

GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE

AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF

YOU HAVE NOT BEEN PAID, USE A CONDITIONAL WAIVER AND

RELEASE FORM.

MT. SAN ANTONIO COLLEGE ALTERNATES - 01230

STANDARD SPECIFICATIONS Page 1 of 2

SECTION 01030

ALTERNATES

PART 1 - GENERAL

1.01 SUMMARY

A. Section includes: Administrative and procedural requirements for alternates. See SCHEDULE below.

B. Definition: An alternate is an amount proposed by Bidders for certain construction activities that may be added to or deducted from Base Bid amount if the District decides to accept a corresponding change in either the amount of construction to be completed, or in the products, materials, equipment, systems or installation methods described in Contract Documents.

C. Perform work required for complete execution of each accepted alternate designated in the District-Contractor agreement. Amount of alternate prices shall include cost of modifications made necessary, including overhead and profit.

D. Notification: Immediately following the award of the Contact, prepare and distribute to each party involved, notification of the status of each alternate. Indicate whether alternates have been accepted, rejected or deferred for consideration at a later date. Include a complete description of negotiated modifications to alternates.

E. Schedule: Specifications Sections referenced in the list of alternates contain requirements for materials and methods necessary to achieve the Work described under each alternate.

1. Include as part of each alternate, miscellaneous devices, accessory objects and similar items incidental to or required for a complete installation, whether or not mentioned as part of the alternate.

1.02 COORDINATION

A. Coordinate pertinent related work and modify surrounding work as required to complete the project under each accepted alternate designated in the Contractor agreement.

1.03 ALTERNATES

A. All ALTERNATES shall be bid, or the bidder may be deemed non-responsive.

B. At the appropriate place on the Bid Form, state the dollar amount to be added to, or deleted from, the Base Bid if the Scope of Work is revised in accordance with the alternates described in the SCHEDULE below.

MT. SAN ANTONIO COLLEGE ALTERNATES - 01230

STANDARD SPECIFICATIONS Page 2 of 2

1.04 SCHEDULE (listed in priority order)

A. Add Alternate No. 1: [Description] B. Add Alternate No. 2: [Description] C. Add Alternate No. 3: [Description] D. Add Alternate No. 4: [Description]

E. Add Alternate No. 5: [Description]

END OF SECTION

MT. SAN ANTONIO COLLEGE CHANGE ORDER PROCEDURES - 01250

GENERAL REQUIREMENTS (REV. 2/3/04) PAGE 1 OF 2

SECTION 01250 – CHANGE ORDER PROCEDURES

1.1 DESCRIPTION

A. This Section specifies administrative and procedural requirements for handling and processing Change Orders and other modifications to the Contract.

1.2 WORK DIRECTIVE CHANGE PROPOSAL REQUEST

A. District Initiated Work Directive Change Proposal Requests: Proposed changes in the Work that will require adjustment to the Contract Sum or Contract Time will be issued by the District’s Representative, with a detailed description of the proposed change and supplemental or revised Drawings and Specifications, if necessary, under a Work Directive.

1. Unless otherwise indicated in the Work Directive (WD), within 7-days of receipt of the (WD), submit to the District’s Representative for the District’s review an estimate of cost necessary to execute the proposed change. To avoid added estimated costs, work related to a Work Directive shall not be allowed until the approval and issuance of the Work Directive.

a. Include a list of quantities of products to be purchased and unit costs, along with the total amount of purchases to be made. Where requested, furnish survey data to substantiate quantities. Furnish a complete labor breakdown, labor rates, man hours by trade and level, etc.

b. Indicate applicable taxes, delivery charges, equipment rental, and amounts of trade discounts.

c. Submit a proposed schedule and narrative statement indicating the effect the proposed change in the Work will have on the Contract Time.

B. Contractor Initiated Work Directive Proposal Requests: When latent or other unforeseen conditions require modifications to the Contract, the Contractor may propose changes by submitting a request for a Work directive change to the District’s Representative; whereupon the RPR will designate a Potential Change Order (PCO) to it for tracking purposes.

1. Include a narrative statement outlining reasons for the change, including comprehensive reference to the section(s) of the Contract Documents, which justify Contractor’s entitlement to the change, and describe the effect of the change on the Work. Provide a complete description of the proposed change. Indicate the effect of the proposed change on the Contract Price and a proposed schedule indicating the effect on the Contract Time.

2. Include a list of quantities of products to be purchased, unit costs, and the total amount of purchases to be made. Furnish any required survey data to substantiate quantities.

3. Indicate applicable taxes, delivery charges, equipment rental, administrative costs, profit and overhead costs, and amounts of trade discounts as described in the Article 32 of the General Conditions.

4. Comply with requirements in Section 01630 Product Substitutions, if the proposed change in the Work requires the substitution of one product or system for a product or system specified.

MT. SAN ANTONIO COLLEGE CHANGE ORDER PROCEDURES - 01250

GENERAL REQUIREMENTS (REV. 2/3/04) PAGE 2 OF 2

5. If approved the proposed change as well as costs and schedule impacts are approved, the District’s Representative shall issue a Field Work Directive to the Contractor indicating such approval and authorizing the contractor to proceed with the proposed change.

1.3 ALLOWANCES

A. Allowance Adjustment: Base each Work Directive Change Proposal Request for an allowance cost adjustment solely on the difference between the actual purchase amount and the allowance, multiplied by the final measurement of Work in place, with reasonable allowances where applicable, for cutting losses, tolerances, mixing wastes, normal product imperfections, and similar margins.

1. Include installation costs in the purchase amount only where indicated as part of the allowance.

2. When requested, prepare explanations and documentation to substantiate the margins claimed.

3. Submit substantiation of a change in scope of Work claimed in the Change Order request related to unit cost allowances.

4. The District reserves the right to establish the actual quantity of Work in place by independent quantity survey, measure, or count.

B. Submit claims for increased costs because of a change in scope of nature of the allowance described in the Contract Documents, whether for the purchase order amount or Contractor’s handling, labor, installation, overhead, and profit, within 7 days of receipt of the Work Directive Change authorizing Work to proceed. Claims submitted later than 7 days will be rejected.

C. The Change Order cost amount shall not include the Contractor’s or Subcontractor’s indirect expense except when it is clearly demonstrated that either the nature or scope of Work required was changed from that which could have foreseen from the description of the allowance and other information in Contract Documents.

D. No change to the Contractor’s indirect expense is permitted for selection of higher or lower priced materials or systems of the same scope and nature as originally indicated.

1.4 CHANGE ORDER PROCEDURES

A. Upon the District’s approval of a Work Directive Change Proposal Request, the District’s Representative will issue a Change Order for signatures of the District, Engineer and Contractor as provided in the Conditions of the Contract.

PART 2 - PRODUCTS

NOT USED

PART 3 - EXECUTION

NOT USED

GENERAL REQUIREMENTS (10/5/2020)

APPLICATION FOR PAYMENT - 01290

SECTION 01290 - APPLICATION FOR PAYMENT

PART 1 - GENERAL

1.1 DESCRIPTION

A. This Section specifies administrative and procedural requirements governing the Contractor’s Applications for Payment, including preparation and submittal of a Schedule of Values.

1.2 SCHEDULE OF VALUES

A. Coordinate preparation of the Schedule of Values with preparation of the Contractor’s Detailed Trade Schedule.

B. Correlate line items in the Schedule of Values with other required administrative schedules and forms, including:

1. Construction Schedule.

2. Application for Payment form.

3. List of subcontractors.

4. Schedule of allowances.

5. Schedule of alternates.

6. List of products.

7. List of principal suppliers and fabricators.

8. Schedule of Submittals.

C. Submit a Preliminary Schedule of Values for review by the District’s Representative within 7 days after issue of the Notice to Proceed. Meet with the District’s Representative to review and make any requested revisions to the Preliminary schedule of values.

D. Submit a final Schedule of Values, approved by the District’s Representative, within 14 days after issue of the Notice to Proceed, but in no case later than 7 days before the date scheduled for submittal of the initial Application for Payment.

E. Subschedules: Where the Work is separated into phases that require separately phased payments, provide subschedules showing values correlated with each phase of payment.

F. Format and Content: The Schedule of Values shall be submitted to the District’s Representative on Schedule of Values Form.

1. Identification: Include the following Project identification on the Schedule of Values:

a. Project name and location.

b. Name of the District’s Representative and Engineer.

c. Project number.

d. Contractor’s name and address.

e. Date of submittal.

2. Arrange the Schedule of Values in a tabular form with separate columns to indicate the following for each item listed:

a. Generic name.

b. Related Specification Section.

c. Name of subcontractor.

d. Name of manufacturer or fabricator.

e. Name of supplier.

f. Change Orders (numbers) that have affected value.

g. Dollar Value.

APPLICATION FOR PAYMENT - 01290

h. Percentage of Contract Sum to the nearest one hundredth percent, adjusted to total 100 percent.

3. Provide a breakdown of the Contract Sum in sufficient detail to facilitate continued evaluation of Applications for Payment and progress reports. Break principal sub-contract amounts down into several line items; in particular, but not limited to incorporated materials, labor, and indirect cost.

4. Round amounts off to the nearest whole dollar; the total shall equal the Contract Sum.

5. For each part of the Work where an Application for Payment may include materials or equipment, purchased or fabricated and stored, but not yet installed, provide separate line items on the Schedule of Values for initial cost of the materials, for each subsequent stage of completion, and for total installed value of that part of the Work.

G. Unit Cost Allowances: Show line item value of unit cost allowances as a product of unit cost times measured quantity as estimated from the best indication in the Contract Documents.

H. Margins of Cost: Show line items for indirect costs, and margins on actual costs, only to the extent that such items will be listed individually in Applications for Payment. Each item in the Schedule of Values and Applications for Payment shall be complete including its total cost and proportionate share of general overhead and profit margin.

1. Temporary facilities and other major cost items that are not direct cost of actual Work in place will be shown as separate line items in the Schedule of Values only at the sole discretion of the District’s Representative.

I. Schedule Updating: Update and resubmit the Schedule of Values when Change Orders or Work Directive Changes result in a District approved change in the Contract Price. Work Directive Changes shall not be included in Applications for Payment until the respective modification in Contract Sum has been included in an executed Change Order.

1.3 APPLICATIONS FOR PAYMENT

A. Each Application for Payment shall be consistent with previous applications and payments as certified by the District’s Representative and paid for by the District.

1. The initial Application for Payment, the Application for Payment at time of Substantial Completion, and the final Application for Payment involve additional requirements.

B. Payment Application Times: The monthly cut-off date for each Contract will be defined by the Project Manager and must be followed by the Contractor throughout the course of construction. The period of construction Work covered by each Application for Payment is the Work completed as of the date of application.

C. Payment Application Forms: Payment Applications shall be submitted to the District’s Representative only on the “Application for Payment”. At the District’s sole discretion and election, Contractor may electronically sign the Application and submit via the District’s designated electronic delivery method.

D. Application Preparation: Subject to Section C. above, complete every required entry on the form, incomplete applications will be returned without action.

APPLICATION FOR PAYMENT - 01290

1. Entries shall match data on the Schedule of Values.

2. Include amounts of Change Orders (but not Work Directive Changes) issued prior to the last day of the construction period covered by the application.

E. Transmittal: Submit 1 executed copy of each Application for Payment to the District’s Representative by means ensuring receipt within 24-hours; including waivers of lien and similar attachments, as specified in the Contract Documents or required by the Project Manager.

1. Transmit each copy with a transmittal form listing attachments, and recording appropriate information related to the application in a manner acceptable to the Project Manager.

F. Conditional/Unconditional Waivers and Releases: With each Application for Payment, submit a Waiver and Release form from every entity who may lawfully be entitled to file a Stop Notice arising out of the Contract, and related to the Work covered by the Application for Payment.

1. Submit a “Conditional Waiver and Release Upon Progress Payment” on each item for the amount requested in the current application, prior to deduction for retainage.

Submit an “Unconditional Waiver and Release Upon Progress Payment” on each item for the amount paid in the previous application, prior to deduction for retainage.

2. When an application shows completion of an item, submit a “Conditional Waiver and Release Upon Final Payment” for that item.

3. Within ten (10) days of receipt of the District’s payment that includes the final payment of an item, submit an “Unconditional Waiver and Release Upon Final Payment” for that item.

4. The District reserves the right to designate which entities involved in the Work must submit such waivers.

5. Waiver Forms: Submit waivers of lien on the forms provided in Section 01210 – Construction Forms.

G. Initial Application for Payment: Administrative actions and submittals that must precede or coincide with submittal of the first Application for Payment include the following:

1. Complete list of subcontractors. (Those subcontractors performing work valued at more than ½ of 1 percent of the Contract Price shall have been listed on the “List of Subcontractors” provided by the Contractor to the District at the time the bids were due.)

2. List of principal suppliers and fabricators.

3. Approved Schedule of Values.

4. Contractor's Detailed Trade Schedule.

5. Schedule of principal products.

6. Schedule of unit prices.

7. Submittal Schedule.

8. Copies of all permits required by Contractor for the Work.

9. Copies of authorizations and licenses from governing authorities for performance of the Work.

10. Certificates of Insurance and Insurance Policies.

11. Performance and Payment Bonds.

12. Any further data required by the District for insurance or other purposes.

13. Initial settlement survey and damage report, if required.

APPLICATION FOR PAYMENT - 01290

14. Application for Payment

15. Conditional Waiver and Release Upon Progress Payment.

16. Waiver and Releases from subcontractors, if requested by the District.

H. Application for Progress Payments: Once the initial payment process has been made, additional progress payment applications should include:

1. Application for Payment

2. Updated Schedule of Values

3. Conditional Waiver and Release for current progress payment.

4. Unconditional Waiver and Release for prior progress payments.

5. Waiver and Releases from subcontractors, if requested by the District.

I. Application for Payment at Substantial Completion: Following issuance of the Certificate of Substantial Completion, submit an Application for Payment; this application shall reflect any Certificates of Partial Substantial Completion issued previously for District occupancy of designated portions of the Work. Administrative actions and submittals that shall precede or coincide with this application include:

1. Warranties and maintenance agreements.

2. Test records and as-builts.

3. Meter readings (if required).

4. Advice on shifting insurance coverages.

5. Operation and Maintenance Manuals.

6. List of incomplete Work, recognized as exceptions to Engineer’s Certificate of

Substantial Completion.

7. Application for Payment

8. Updated Schedule of Values

9. Conditional Waiver and Release for current progress payment

10. Unconditional Waiver and Release for prior progress payment

11. Waiver and Releases from subcontractors, if requested by the District.

J. Final Payment Application: Administrative actions and submittals which must precede or coincide with submittal of the final Application for Payment include the following:

1. Completion of Project closeout requirements.

2. Completion of items specified for completion after Substantial Completion.

3. Assurance that unsettled claims will be settled.

4. Transmittal of required Project construction records to District.

5. Proof that taxes, fees and similar obligations have been paid.

6. Removal of temporary facilities and services.

7. Removal of surplus materials, rubbish and similar elements.

8. Final Application for Payment

9. Final updated Schedule of Values

10. Conditional Waiver and Release for final payment

11. Unconditional Waiver and Release for prior progress payments

12. Waiver and Releases from subcontractors, if requested by the District

13. Guarantee form

14. DVBE documentation

15. District sign-off for return of keys.

K. District’s Payment Processing Procedures.

L. The Architect, Inspector and Project manager will review and sign the Payment Application and forward it to the District, indicating they have reviewed the application and recommend payment in the amount specified. These reviews by the District’s consultants are for the quality and quantity of work in place and its compliance with the Contract Documents and codes. At the District’s sole discretion and election, the

APPLICATION FOR PAYMENT - 01290

Architect, Inspector and/or Project manager may electronically sign the Payment Application and submit via the District’s designated electronic delivery method.

M. The District will process the application for payment in a timely manner. Payment will normally be made within 30 calendar days of the District’s receipt of the Contractor’s approvable Application for Payment approved by the Architect, Inspector and Project Manager.

N. Payment for materials and equipment delivered to the project site but not yet incorporated in the Work may be made at the discretion of the District. Such materials and equipment must be stored at the project site, properly stacked, crated or boxed and, if necessary, covered or protected from the weather. Documentation of cost of the materials and equipment must be provided with the Application for Payment. Payment for stored materials or equipment will be made in compliance with General Conditions.

O. The cut-off dates for progress payments during the course of construction will be specified by the Project Manager. If the cut-off date occurs on a weekend/holiday, the next business day will be considered as the cut-off date. The Contractor must follow the established cut-off date to ensure the timely processing of its payments.

P. Delay in processing of payment applications will occur when the above procedures are not followed.

PART 2 - PRODUCTS

2.1 NOT USED

PART 3 - EXECUTION

3.1 NOT USED

END OF SECTION 01290

813-5/4678671.1

Mt. San Antonio College CONTRACTOR SUBMITTALS - 01300 GENERAL REQUIREMENTS (REV. 2/27/04) Page 1 of 5

SECTION 01300

SUBMITTALS

1.1 SECTION INCLUDES

1.1.1 Submittal procedures. To ensure that specified products are furnished and installed in accordance with the design intent, procedures have been established for advance submittal of design data and for its review by the District Architect/Engineer. Wherever possible, throughout the Contract Documents, the minimum acceptable quality of workmanship and materials has been defined by the name and catalog number of a manufacturer and by reference of recognized industry standards.

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