23(24-25)IT Bid Packet - Bidnet.pdf

LEGAL:10526-0001/8093767.1

POMONA UNIFIED SCHOOL DISTRICT

E-Rate XXVIII – Gym WiFi and Backbone Cabling Upgrade for

Bid Package No. 23(24-25)IT

470 No. 250026773

Owner:

Pomona Unified School District

800 South Garey Avenue Pomona, California 91766

SCOPE of WORK

The project Scope of Work included in this Contract is generally described as follows.

This includes the removal and installation of structured cabling systems (fiber-optic, copper, Ethernet, and data cabinets), as well as the expansion of wireless networks in gyms. Electrical work to support new data cabinets will be required. Some areas will also require additional pathway and trenching.

END OF SCOPE OF WORK

THIS PAGE INTENTIONALLY LEFT BLANK FOR PRINTING

PURPOSES

Bid No. 23(24-25)IT Notice Inviting Bid Pomona Unified School District Page 1

NOTICE INVITING BIDS

INSTRUCTIONS TO BIDDERS

CHECKLIST OF MANDATORY BID FORMS

DESIGNATION OF SUBCONTRACTORS

DESIGNATION OF SUBCONTRACTORS FORM

BID FORM

CONTRACTOR’S CERTIFICATE REGARDING WORKERS’ COMPENSATION FORM

NON-COLLUSION DECLARATION

BID GUARANTEE FORM

BID BOND FORM

REQUEST FOR SUBSTITUTION AT TIME OF BID

ACKNOWLEDGMENT OF BIDDING PRACTICES REGARDING INDEMNITY FORM

DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) PARTICIPATION STATEMENT

DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) CONTRACTOR CLOSE-OUT

STATEMENT

CONTRACTOR’S CERTIFICATE REGARDING DRUG-FREE WORKPLACE

CONTRACTOR’S CERTIFICATE REGARDING ALCOHOLIC BEVERAGE AND TOBACCO-

FREE CAMPUS POLICY

* BIDDER REFERENCES AND RESPONSIBILITY INFORMATION

[End of Required Bid Document]

AGREEMENT FORM

PAYMENT BOND

Pomona Unified School District Page 2

PERFORMANCE BOND

GUARANTEE

ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION

INSURANCE DOCUMENTS & ENDORSEMENTS

CONTRACTOR CERTIFICATION REGARDING BACKGROUND CHECKS

CONTRACTOR CERTIFICATION REGARDING BACKGROUND CHECKS

ARTICLE 1 GENERAL PROVISIONS

1.1 BASIC DEFINITIONS

1.2 PARTIES TO THE CONSTRUCTION CONTRACT

1.3 CORRELATION, INTERPRETATION AND INTENT OF CONTRACT

DOCUMENTS

1.4 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER

DOCUMENTS

ARTICLE 2 DISTRICT

2.1 INFORMATION AND SERVICES REQUIRED OF DISTRICT

2.2 DISTRICT’S RIGHT TO STOP THE WORK

2.3 DISTRICT’S RIGHT TO CARRY OUT THE WORK

2.4 DISTRICT’S AUDIT RIGHTS

2.5 DISTRICT-FURNISHED MATERIALS

ARTICLE 3 CONTRACTOR

3.1 CONTRACTOR STATUS

3.2 REVIEW OF CONTRACT DOCUMENTS AND SITE

3.3 SUPERVISION AND CONSTRUCTION PROCEDURES

3.4 LABOR, MATERIALS AND EQUIPMENT

3.5 CONTRACTOR'S WARRANTY

3.6 TAXES

3.7 PERMITS, FEES AND NOTICES

3.8 KEY PERSONNEL

3.9 CONTRACTOR'S CONSTRUCTION SCHEDULE

3.10 REPORTING, PROGRESS MEETINGS, DOCUMENTS AND SAMPLES AT

THE SITE

3.11 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES

3.12 USE OF SITE

3.13 CUTTING AND PATCHING

3.14 UTILITIES AND SANITARY FACILITIES

3.15 CLEANING UP

3.16 ACCESS TO THE WORK

3.17 ROYALTIES AND PATENTS

Pomona Unified School District Page 3

3.18 INDEMNIFICATION AND DEFENSE

3.19 LABOR, WAGES, PAYROLL RECORDS

3.20 LABOR COMPLIANCE PROGRAM

3.21 STORM WATER PERMITTING

3.22 SOLID WASTE MANAGEMENT

ARTICLE 4 CONSTRUCTION ADMINISTRATION

4.1 DESIGN CONSULTANT

4.2 CONSTRUCTION MANAGER

4.3 ADMINISTRATION OF THE CONSTRUCTION CONTRACT

4.4 CLAIMS

4.5 CLAIMS DISPUTE RESOLUTION PROCESS

4.6 NOTICE OF THIRD-PARTY CLAIMS

ARTICLE 5 SUBCONTRACTORS

5.1 SUBSTITUTION

5.2 SUBCONTRACTOR RELATIONS

5.3 CONTINGENT ASSIGNMENT OF SUBCONTRACTS

5.4 COMMUNICATIONS BY DISTRICT

5.5 NO THIRD-PARTY RIGHTS

5.6 DOCUMENT AVAILABILITY

5.7 NO LIABILITY OF DISTRICT

ARTICLE 6 DISTRICT’S OWN FORCES AND SEPARATE CONTRACTORS

6.1 DISTRICT’S RIGHT TO PERFORM CONSTRUCTION WITH OWN FORCES

AND TO AWARD SEPARATE CONTRACTS

6.2 MUTUAL RESPONSIBILITY

6.3 DISTRICT'S RIGHT TO CLEANUP

ARTICLE 7 CHANGES IN THE WORK

7.1 CHANGES

7.2 SIGNATURES AND AUTHORIZATIONS

7.3 CHANGE ORDERS

7.4 UNILATERAL CHANGE ORDERS

7.5 FIELD ORDERS

7.6 PROCEDURES

7.7 PRICING

ARTICLE 8 CONTRACT TIME

8.1 COMMENCEMENT AND COMPLETION

8.2 DELAYS AND EXTENSIONS OF TIME

ARTICLE 9 PAYMENTS AND COMPLETION

9.1 CONTRACT SUM PAYABLE, CONTRACT PRICE

9.2 SEGREGATION OF COSTS/SCHEDULE OF VALUES

9.3 APPLICATIONS FOR PROGRESS PAYMENT

9.4 CERTIFICATIONS AND PROCESSING OF PROGRESS PAYMENTS

Pomona Unified School District Page 4

9.5 DECISIONS TO WITHHOLD CERTIFICATION OF PAYMENT

9.6 PAYMENT

9.7 FAILURE OF PAYMENT

9.8 DISPUTED PAYMENTS, CONTINUOUS WORK

9.9 SUBSTANTIAL COMPLETION

9.10 PARTIAL OCCUPANCY OR USE

9.11 FINAL COMPLETION

9.12 FINAL PAYMENT

ARTICLE 10 INSPECTIONS, HAZARDOUS SUBSTANCES AND SAFETY

10.1 INSPECTIONS

10.2 HAZARDOUS SUBSTANCES, MOLD

10.3 SAFETY PRECAUTIONS AND PROGRAMS

10.4 SAFETY OF PERSONS AND PROPERTY

10.5 EMERGENCIES

ARTICLE 11 INSURANCE AND BONDS

11.1 INSURANCE

11.2 DISTRICT'S LIABILITY INSURANCE

11.3 PERFORMANCE BOND AND PAYMENT BONDS

ARTICLE 12 UNCOVERING AND CORRECTION OF THE WORK

12.1 UNCOVERING OF THE WORK

12.2 CORRECTION OF THE WORK

12.3 GUARANTEE TO REPAIR PERIOD

12.4 ACCEPTANCE OF NONCONFORMING WORK

ARTICLE 13 MISCELLANEOUS PROVISIONS

13.1 GOVERNING LAW

13.2 TIME OF ESSENCE

13.3 SUCCESSORS AND ASSIGNS

13.4 WRITTEN NOTICE

13.5 RIGHTS AND REMEDIES

13.6 NO NUISANCE

13.7 EXTENT OF AGREEMENT

13.8 NO THIRD-PARTY RIGHTS

13.9 SEVERABILITY

13.10 PROVISIONS REQUIRED BY APPLICABLE LAWS

13.11 CONFLICTS OF INTERESTS

13.12 SURVIVAL

13.13 FEDERAL GRANTS

13.14 PROHIBITED INTERESTS

13.15 ASSIGNMENT OF ANTI-TRUST ACTIONS

13.16 CONFIDENTIALITY

13.17 NO WAIVER

13.18 Consent to photographing

ARTICLE 14 DEFAULT, TERMINATION AND SUSPENSION

Pomona Unified School District Page 5

14.1 DISTRICT REMEDIES FOR DEFAULT

14.2 SUSPENSION BY DISTRICT FOR CONVENIENCE

14.3 TERMINATION BY DISTRICT WITHOUT CAUSE

14.4 TERMINATION BY CONTRACTOR

14.5 WARRANTIES

ARTICLE 15 NON-DISCRIMINATION

15.1 NON-DISCRIMINATION IN SERVICES

15.2 NON-DISCRIMINATION IN EMPLOYMENT

Pomona Unified School District Page 6

NOTICE INVITING BIDS

NOTICE IS HEREBY GIVEN that the Pomona Unified School District, acting by and through its Governing Board, hereinafter referred to as “District”, will receive no later than 10:00 A.M. Monday, July 14, 2025 sealed bids for the award of a Contract for the project listed below: (The District will accept and not consider the sealed packets late as long as the time stamp at the Front Desk of the Education Center reads 10:00 A.M. The District will consider the sealed packets late once the time stamp reads 10:01 A.M. on Monday, July 14, 2025.

BID NO. : 23(24-25)IT

PROJECT : E-Rate XXVIII – Gym WiFi and Backbone Cabling Upgrade

Place of Bid Receipt: POMONA UNIFIED SCHOOL DISTRICT

EDUCATION CENTER, FRONT DESK

800 South Garey Avenue Pomona, California 91766

All bids shall be made and presented only on the forms presented by the District. All bids shall be opened and publicly read aloud in the Board Room at the above stated time. Any bids received after the time specified above or after any extensions due to material changes shall be returned unopened.

The Contract Time is 241 consecutive calendar days.

Liquidated Damages shall be $500.00 per day for every calendar day after Substantial Completion.

CONTRACTOR should consult the General Conditions, Supplementary Conditions, and General Requirements regarding Milestones and Liquidated Damages.

Labor Compliance Requirements

All contractors must comply with the all applicable labor compliance requirements under the California Labor Code, including but not limited to, registration with the Department of Industrial Relations (Labor Code Sections 1771.1(a) and 1725.5), 1771, 1771.4, 1773.2, 1774, 1776, 1777.5, 1813, and 1815.

SB 854 – Department of Industrial Relations: SB 854 (Stat. 2014, chapter 28) made several changes to the laws governing how the Department of Industrial Relations (DIR) monitors compliance with prevailing wage requirements on public works projects. Prevailing wage applies to project over $1,000.00. Pursuant to California Labor Code Section 1771.1(a), as amended by SB 854, a contractor may not bid, nor be listed as a subcontractor, for any bid proposal submitted for public work or engage in the performance of any contract for public work unless registered and qualified to perform public work pursuant to Labor Code Section 1725.5, subject to limited legal exceptions. Section 1771.1(a) states as follows:

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"A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5 It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business & Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded."

As a result, no contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with DIR. All contractors and subcontractors must furnish electronic certified payroll records directly to the Labor Commissioner (aka Division of Labor Standards Enforcement). To comply with the DIR guidelines, the District will disqualify any contractor (and subcontractor) who is not registered with the DIR at the time the bid (or prequalification) package is opened, the award will go to the next low responsible bidder who is registered with the DIR.

This project will be subject to compliance monitoring and enforcement by the DIR, pursuant to California Labor Code Section 1771.4. In addition to submitting certified payroll records directly to the Labor Commissioner, the awarded contractor must also provide one original set of certified payroll records to the District’s Purchasing Department.

Additional information on SB 854 and the labor compliance requirements can be found at the DIR's website at http://www.dir.ca.gov.

Prequalification of Bidders

[OPTIONAL UNTIL JANUARY 1, 2014 for State Funded Projects]

As a condition of bidding for this Project, and in accordance with California Public Contract Code Section 20111.5, prospective bidders are required to submit to the District a completed set of prequalification documents on forms provided by the District. These documents will be the basis for determining which bidders are qualified to bid on this Project.

Bids will not be accepted if a Contractor has not been prequalified where prequalification is required. Prequalification documents are available from the Pomona Unified School District Website at www.pusd.org or at the Pomona Unified School District, 800 South Garey Avenue, Pomona, California 91766. Prequalification notification was advertised on MONTH XX and MONTH XX, 201X. The Prequalification documents were due in the Education Center, Front Desk on MONTH XX, 201X.

Contractors were notified by mail on MONTH XX, 201X of their prequalification rating.

Pomona Unified School District Page 8

Additive/ Deductive Bid Alternates (See Section 13 of Instruction to Bidders)

[To Be Used Only on Projects Which Contain Additive or Deductive Alternates]

If the District has included additive/ deductive alternates which require all bidders to price as part of their bid, the District will utilize the following method to determine the lowest bidder in accordance with Public Contract Code section 20103.8:

The lowest bid shall be the lowest bid price on the base contract without consideration of the price on the additive or deductive items.

The lowest bid shall be the lowest total of the bid prices on the base contract and the following additive or deductive items:

[Insert List of Additive or Deductive Alternates]

The lowest bid shall be the lowest total of the bid prices on the base contract and the following additive or deductive items taken in order as listed below depending upon the available funds for this Project which is estimated at [Insert Available Fund Amount for Project]:

1. [Insert Order of Additive or Deductive Alternates]

2.

The lowest bid shall be determined in a manner that prevents any information that would identify any of the bidders from being revealed to the District before the ranking of all bidders from lowest to highest has been determined. The procedures the District will utilize to conceal the identity of any of the bidders will be as follows:

[Insert Procedure to Conceal Identity of all Bidders]

**Note: Pursuant to Public Contract Code Section 20103.8, the selection process selected does not preclude the District from using any of the additive or deductive alternates from the Contract after the lowest responsible responsive bidder has been determined.

Miscellaneous Information

Bids shall be received in the place identified above, and shall be opened and publicly read aloud at the above-stated time and place.

For project information, please contact Sergio Rodriguez at the Pomona Unified School District Information Technology Services Department at (909) 397-4800, Ext. 23070. Project plans and specifications also may be viewed on-line and downloaded by going to the Pomona Unified School District’s website http://www.pusd.org/go/purchasing (or E-Rate Portal website https://portal.usac.org/suite/). No bid may be withdrawn for ninety (90) days.

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There will be a highly recommended Pre-Bid Conference on Tuesday, June 24, 2025 at 10:00 A.M.

sharp in the Capital Facilities Conference Room at the District Education Center, 800 S. Garey Avenue Pomona, CA. Bidders please sign in at the Front Desk of the Education Center (same street address). All bidders will be responsible for obtaining any addendums or revisions to the project. It is the contractor’s responsibility to attend the requested Pre-Bid Conference and Job Walk to ensure accurate project bid cost(s) and any pertinent information.

Each bidder shall be a licensed contractor pursuant to the California Business and Professions Code, and be licensed to perform the work called for in the Contract Documents. The successful bidder must possess a valid and active Class “C-10” License at the time of award and throughout the duration of this Contract. The Contractor’s California State License number shall be clearly stated on the bidder’s proposal

Subcontractors shall be licensed pursuant to California law for the trades necessary to perform the Work called for in the Contract Documents.

Each bid must strictly conform with and be responsive to the Contract Documents as defined in the General Conditions.

The District reserves the right to reject any or all bids or to waive any irregularities or informalities in any bids or in the bidding.

Each bidder shall submit with his bid — on the form furnished with the Contract Documents — a list of the designated subcontractors on this Project as required by the Subletting and Subcontracting Fair Practices Act, California Public Contract Code Sections 4100 et seq. Each bidder shall fill in the Designation of Subcontractor Form provided by the District (attaching a list of subcontractors is not acceptable and may be grounds for the bidder to be considered non-responsive).

In accordance with California Public Contract Code Section 22300, the District will permit the substitution of securities for any moneys withheld by the District to ensure performance under the Contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the District, or with a state or federally chartered bank as the escrow agent, who shall then pay such moneys to the Contractor. Upon satisfactory completion of the Contract, the securities shall be returned to the Contractor.

Each bidder’s bid must be accompanied by one of the following forms of bidder’s security: (1) cash; (2) a cashier’s check made payable to the District; (3) a certified check made payable to the District;

or (4) a bidder’s bond executed by a California admitted surety as defined in Code of Civil Procedure Section 995.120, made payable to the District in the form set forth in the Contract Documents. Such bidder’s security must be in an amount not less than ten percent (10%) of the maximum amount of bid as a guarantee that the bidder will enter into the proposed Contract, if the same is awarded to such bidder, and will provide the required Performance and Payment Bonds, insurance certificates and any other required documents. In the event of failure to enter into said Contract or provide the necessary documents, said security will be forfeited.

The District has obtained from the Director of the Department of Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which this work is to be performed for each craft, classification or type of worker needed to execute the Contract. These per diem rates, including holiday and overtime work, as well as employer payments for health and welfare, pension, vacation, and similar purposes, are on file at the District, and

Pomona Unified School District Page 10 are also available from the Director of the Department of Industrial Relations. Pursuant to California Labor Code Sections 1720 et seq., it shall be mandatory upon the Contractor to whom the Contract is awarded, and upon any subcontractor under such Contractor, to pay not less than the said specified rates to all workers employed by them in the execution of the Contract.

No bidder may withdraw any bid for a period of ninety (90) calendar days after the date set for the opening of bids.

Separate payment and performance bonds, each in an amount equal to 100% of the total Contract amount, are required, and shall be provided to the District prior to execution of the Contract and shall be in the form set forth in the Contract Documents.

All bonds (Bid, Performance, and Payment) must be issued by a California admitted surety as defined in California Code of Civil Procedure Section 995.120.

Where applicable, bidders must meet the requirements set forth in Public Contract Code Section 10115 et seq., Military and Veterans Code Section 999 et seq. and California Code of Regulations, Title 2, Section 1896.60 et seq. regarding Disabled Veteran Business Enterprise (“DVBE”) Programs. Forms are included in this Bid Package.

Any request for substitutions pursuant to Public Contracts Code Section 3400 must be made at the time of Bid on the Substitution Request Form set forth in the Contract Documents and included with the bid.

No telephone or facsimile machine will be available to bidders on the District premises at any time.

It is each bidder’s sole responsibility to ensure its bid is timely delivered and received at the location designated as specified above. Any bid received at the designated location after the scheduled closing time for receipt of bids shall be returned to the bidder unopened.

BY: Ed Govea Director of Purchasing and Warehouse By authority of the Governing Board of Pomona Unified School District Los Angeles County, State of California

PUBLICATION DATES: June 16 and June 23, 2025 PUBLICATIONS: 1) Inland Valley Daily Bulletin, 2) BidNet Direct, 3) McGraw-Hill Construction Dodge, and 4) BidAmerica

Internet: www.pusd.org/go/purchasing

Bid No. 23(24-25)IT Instructions to Bidders Pomona Unified School District Page 11

INSTRUCTIONS TO BIDDERS

1. Preparation of Bid Form. Proposals under these specifications shall be submitted on the blank forms furnished herewith at the time and place stated in the Notice Inviting Bids. All blanks in the bid form must be appropriately filled in, and all proposed prices must be stated clearly and legibly in both words and numerals. All bids must be signed by the bidder in permanent blue ink and submitted in sealed envelopes, bearing on the outside, the bidder’s name, address, telephone number, and California Contractor’s License number, and the name of the Project for which the bid is submitted. The District reserves the right to reject any bid if all of the above information is not furnished. It is each bidder’s sole responsibility to ensure its bid is timely delivered and received at the location designated as specified above. Any bid received at the designated location after the scheduled closing time for receipt of bids shall be returned to the bidder unopened. The Pomona Unified School District is not responsible for bids sent via U.S. Mail, UPS, and Federal Express or by any other delivery service. All bids are due at the Front Desk of the Education Center by the posted or advertised closing date and time.

It is the bidders’ responsibility to ensure that their bid is delivered to the Front Desk located on the first floor, at 800 South Garey Ave, Education Center, Pomona, CA 91766.

The District will accept and not consider the sealed packets late as long as the time stamp at the Front Desk of the Education Center reads 10:00 A.M. The District will consider the sealed packets late once the time stamp reads 10:01 A.M. on Monday, July 14, 2025.

If bidder is submitting their bid packet by mail (instead of in-person delivery), the sealed packet must reference the bid number and project title AND must be addressed to:

Attn: Purchasing Department 800 S. Garey Avenue Pomona, CA 91766

It is still the bidder’s responsibility to ensure that their bid packets, if mailed, still arrive at the Purchasing Department at least one day prior to the bid deadline.

2. Bid Security. Each bid must be accompanied by one of the following forms of bidder’s security: (1) cash; (2) a cashier’s check made payable to the District; (3) a certified check made payable to the District; or (4) a bidder’s bond executed by a California admitted surety as defined in Code of Civil Procedure Section 995.120, made payable to the District, in the form set forth in the Contract Documents. If Bidder chooses to submit another form of Security in lieu of the Bidder’s Bond, the District reserves the right to hold the Security until the award of the contract by the District’s Board of Education. The District’s decision shall be absolute and final. The Security will be released to Bidder the day after the Board Meeting on which the contract is awarded. Such bidder’s security must be in an amount not less than ten percent (10%) of the maximum amount of such bidder’s bid as a guarantee that the bidder will enter into the Contract, if the same is awarded to such bidder, and will provide the required Performance and Payment Bonds, insurance certificates and any other required documents. In the event that a bidder is awarded the Contract and such bidder fails to enter into said Contract or provide the surety bond or bonds within five (5) calendar days after award of the Contract to bidder, said security will be forfeited.

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3. Signature. The bid form, all bonds, all designations of subcontractors, the Contractor’s Certificate Regarding Workers Compensation, Non-Collusion Declaration, Substitution Request Form, Acknowledgement of Bidding Practices Regarding Indemnity, DVBE Participation Statement, Contractor’s Certificate Regarding Drug-Free Work Place, Contractor’s Certificate Regarding Alcoholic Beverage and Tobacco-Free Campus Policy, Roof Project Financial Disclosure Certificate, Bidder References and Responsibility Information, the Agreement, and all Guarantees must be signed in permanent blue ink in the name of the bidder and must bear the signature in longhand of the person or persons duly authorized to sign the bid. (All documents identified in the Required Bid Forms Section must be signed in permanent blue ink.) No photocopies of signatures are permitted. All required documents must be signed and submitted with permanent wet ink. The same applies for embossed documents executed by a surety company and/or a corporation. If an embossed seal is used, the District requires an embossed original (not photocopies of embossed paperwork).

If bidder is a corporation, the legal name of the corporation shall first be set forth, together with two signatures: one from the President and one from the Secretary or Assistant Secretary.

Alternatively, the signature of other authorized officers or agents may be affixed, if a certified copy of the resolution of the corporate board of directors authorizing them to do so is provided to the District. Such documents shall include the title of such signatories below the signature and shall bear the corporate seal.

If bidder is a partnership, the true name of the firm shall first be set forth, together with the names of all persons comprising the partnership or co-partnership. The bid must be signed by all partners comprising the partnership unless proof in the form of a certified copy of a statement of partnership acknowledging the signer to be a general partner is presented to the District, in which case the general partner may sign.

Bids submitted as joint ventures must so state and be signed by each joint venturer.

Bids submitted by individuals must be signed by the bidder unless an up to date power- of-attorney is on file in the District office, in which case, said person may sign for the individual.

The above rules also apply in the case of the use of a fictitious firm name. In addition, however, where a fictitious name is used, it must be so indicated in the signature.

4. Modifications. Changes in or additions to the bid form, recapitulations of the work bid upon, alternative proposals, or any other modification of the bid form which is not specifically called for in the Contract Documents may result in the District’s rejection of the bid as not being responsive to the Notice Inviting Bids. No oral or telephonic modification of any bid submitted will be considered.

5. Erasures, Inconsistent or Illegible Bids. The bid submitted must not contain any erasures, interlineations, or other corrections unless each such correction creates no inconsistency and is suitably authenticated by affixing in the margin immediately opposite the correction the signature or signatures of the person or persons signing the bid. In the event of inconsistency between words and figures in the bid price, words shall control figures. In the event that the District determines that any bid is unintelligible, inconsistent, or ambiguous, the District may reject such bid as not being responsive to the Notice Inviting Bids.

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6. Examination of Site and Contract Documents. Each bidder shall visit the site of the proposed work and become fully acquainted with the conditions relating to the construction and labor so that the facilities, difficulties, and restrictions attending the execution of the work under the Contract are fully understood. Bidders shall thoroughly examine and be familiar with the drawings and specifications. The failure or omission of any bidder to receive or examine any Contract Documents, form, instrument, addendum, or other document or to visit the site and become acquainted with conditions there existing shall not relieve any bidder from obligations with respect to the bid or to the contract. The submission of a bid shall be taken as prima facie evidence of compliance with this section. Bidders shall not, at any time after submission of the bid, dispute, complain, or assert that there were any misunderstandings with regard to the nature or amount of work to be done.

7. Withdrawal of Bids. Any bid may be withdrawn, either personally or by written request, at any time prior to the scheduled closing time for receipt of bids. The bid security for bids withdrawn prior to the scheduled closing time for receipt of bids, in accordance with this paragraph, shall be returned upon demand therefor.

No bidder may withdraw any bid for a period of ninety (90) calendar days after the date set for the opening of bids.

8. Agreements, Insurance and Bonds. The Agreement form which the successful bidder, as Contractor, will be required to execute, and the forms and amounts of surety bonds and insurance endorsements which Contractor will be required to be furnished at the time of execution of the Agreement, are included in the bid documents and should be carefully examined by the bidder.

The number of executed copies of the Agreement, the Performance Bond, and the Payment Bond required is three (3). Payment and Performance bonds must be executed by an admitted surety insurer as defined in Code of Civil Procedure 995.120.

9. Interpretation of Plans and Documents/Pre-Bid Clarification. If any prospective bidder is in doubt as to the true meaning of any part of the Contract Documents, or finds discrepancies in, or omissions, a written request for an interpretation or correction thereof may be submitted to the District. The bidder submitting the request shall be responsible for its prompt delivery. Any interpretation or correction of the Contract Documents will only be made by Addendum duly issued, and a copy of such Addendum will be made available for each contractor receiving a set of the Contract Documents. No person is authorized to make any oral interpretation of any provision in the Contract Documents, nor shall any oral interpretation be binding on the District. If discrepancies on drawings, specifications or elsewhere in the Contract Documents are not covered by addenda, bidder shall include in their bid methods of construction and materials for the higher quality and complete assembly.

Each request for clarification or request for information (RFI) shall be submitted using the link below:

https://forms.gle/5JKuFf4MndquLfTs5

All questions or comments regarding this bid (except to inquire about the number of addenda issued) must be put submitted using the link above no later than 4:00 P.M. on Friday, June 27, 2025.

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You will receive an email confirmation from Google upon successful submission of Request for Information (RFI). If you encounter problems submitting RFI's using the link, please contact Mina Young at 909 397 4800 ext. 23901.

Pomona Unified School District shall not be obligated to answer any questions received after the above-specified deadline or any questions submitted in a manner other than as instructed above.

Each transmitted request shall contain the name of the person and the name of the company filing the request along with telephone and email address, Specifications and/or Drawing number.

Bidder is responsible for the legibility of hand written requests. A written response to timely pre-bid clarifications requests which materially affects the bidders price will be made by Addendum issued by the Pomona Unified School District not less than seventy-two (72) hours prior to bid opening.

10. Bidders Interested in More Than One Bid. No person, firm, or corporation shall be allowed to make, or file, or be interested in more than one prime bid for the same work unless alternate bids are specifically called for. A person, firm, or corporation that has submitted a proposal to a bidder, or that has quoted prices of materials to a bidder, is not thereby disqualified from submitting a proposal or quoting prices to other bidders or making a prime proposal.

11. Award of Contract. The Contract will be awarded to the lowest responsive responsible bidder by action of the governing Board. The District reserves the right to reject any or all bids, or to waive any irregularities or informalities in any bids or in the bidding. In the event an award is made to bidder, and such bidder fails or refuses to execute the Contract and provide the required documents within five (5) calendar days after award of the Contract to bidder, the District may award the Contract to the next lowest responsible and responsive bidder or release all bidders.

Each bid must conform and be responsive to the Contract Documents as defined in the General Conditions.

12. Bid Protest Procedure. Once the bid opening meeting has concluded, bid results, Designation of Subcontractor list(s), and other bid documents must be requested in writing, via email, to Ed Govea, Director of Purchasing and Warehouse (Eduardo.Govea@pusd.org). Any bidder may file a bid protest. The protest shall be filed in writing with the District’s Director of Purchasing and Warehouse not less than three (3) calendar days after the posting or release of the bid results. An e-mail address shall be provided and by filing the protest, protesting bidder consents to receipt of e-mail notices for purposes of the Protest and Protest related questions and Protest Appeal, if applicable. The protest shall specify the reasons and facts upon which the protest is based.

a. Resolution of Bid Controversy: Once the bid protest is received, the apparent lowest responsible bidder may be notified of the protest and the evidence presented. If appropriate, the apparent lowest responsible bidder may be given an opportunity to rebut the evidence and present evidence that the apparent low bidder should be allowed to perform the Work. If deemed appropriate by the District, an informal hearing will be held. District will issue a written decision within fifteen (15) calendar days of receipt of the protest, unless factors beyond the District’s reasonable control prevent such resolution. The Decision on the Bid Protest will state the reasons for the actions taken by District and will be copied to all parties involved in the protest.

b. Appeal: If the protesting bidder or the apparent lowest responsible bidder is not satisfied with the decision, the matter may be appealed to the Assistant Superintendent, CBO of

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Business Services, or their designee, within three (3) calendar days after receipt of the District’s written Decision on the Bid Protest. The appeal must be in writing and sent via overnight registered mail with all accompanying information relied upon for the appeal and an e-mail address from which questions and responses may be provided to:

Business Department 800 South Garey Avenue Pomona, CA 91766

c. Appeal Review: The Assistant Superintendent, CBO of Business Services or their designee shall review the Decision on the Bid Protest from the Purchasing Director and issue a written response to the Appeal, or if appropriate, appoint a Hearing Office to conduct a hearing and issue a written decision. The written decision of the Assistant Superintendent, CBO of Business Services or the Hearing Officer shall be rendered within fifteen (15) calendar days and shall state the basis for the decision. The decision concerning the Appeal will be final and not subject to any further Appeals.

d. Reservation of Rights to Proceed with Project Pending Appeal. The District reserves the right to proceed to award the Project and commence construction pending an Appeal.

If there is State Funding or a critical completion deadline, the District may choose to shorten the time limits set forth in paragraph 12 if written notice is provided to the protesting party. E-mailed notice with a written confirmation sent by First Class Mail shall be sufficient to constitute written notice. If there is no written response to a written notice shortening time, the District may proceed with the award.

e. Finality. Failure to strictly comply with this Bid Protest Procedure shall constitute a waiver of the right to protest and shall constitute a failure to exhaust the protesting bidder’s administrative remedies. As such, full compliance is an express condition precedent to bidder's ability to submit a protest and any subsequent legal challenges, if any.

13. Alternates. If alternate bids are called for, the Contract may be awarded at the election of the Governing Board to the lowest responsible and responsive bidder using the method and procedures outlined in the Notice Inviting Bids and as specified in the section entitled Alternate/Deductive Bid Alternates.

a. Subcontractor Listing for Alternates. If alternate bids are called for and the bidder intends to use different or additional subcontractors, a separate list of subcontractors must be submitted for each such alternate.

14. Evidence of Responsibility. Upon the request of the District, a bidder whose bid is under consideration for the award of the Contract shall submit promptly to the District satisfactory evidence showing the bidder’s financial resources, surety and insurance claims experience, construction experience, completion ability, workload, organization available for the performance of the Contract, and other factors pertinent to a Project of the scope and complexity involved.

15. Listing Subcontractors. Each bidder shall submit with its bid, on the form furnished with the Contract Documents, a list of the names, license numbers and locations of the places of business of each subcontractor who will perform work or labor or render service to the bidder in or about the project, or a subcontractor who under subcontract to the bidder, specially fabricates and installs a portion of the work, in an amount in excess of one-half of 1 percent of the bidder’s

Pomona Unified School District Page 16 total bid as required by the Subletting and Subcontracting Fair Practices Act (Public Contract Code Section 4100, et seq.).

a. Subcontractor Listing for Alternates. If alternate bids are called for and the bidder intends to use different or additional subcontractors, a separate list of subcontractors must be submitted for each such alternate.

16. Trade Names, Alternatives, and Substitutions

a. Trade Names and Alternatives. For convenience in designation on the plans or in the specifications, certain articles or materials to be incorporated in the work may be designated under a trade name or in the name of a manufacturer. Whenever in specifications any materials, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such specification shall be deemed to be used for the purpose of facilitating description of material, process or article desired and shall be deemed to be followed by the words "or equal," and service provider may, unless otherwise stated, offer any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified. If material, process or article offered by service provider is not, in opinion of the District, substantially equal or better in every respect to that specified, then service provider shall furnish material, process or article specified. Burden of proof as to equality of any material, process or article shall rest with service provider. Without such documentation, the District cannot accept the argument on functionality equivalent or better based on cost alone. Products must be compatible with existing systems. Service Provider shall submit request together with substantiating data for substitution of any "or equal" item within the sealed bid packet at the closing of bids. Provision authorizing submission of "or equal" justification data shall not in any way authorize an extension of time for performance of this contract.

b. Substitutions. When bidding on brands other than those specified in the Project Specification Section, bidder must submit any substitutions (without disclosing pricing) by completing the Substitution Request Form and providing the brand, part number, or on each item bid other than “as specified”. Bidders must also provide descriptive technical literature fully describing the claimed “or equal” product must be attached to the substitution request. Suitability and evaluation of “equals” rests in the sole discretion of the District. In the event that bidder is making substitutes, bidder is responsible for filling in the pricing worksheet with the corresponding information for the substitute equipment being proposed. All substitution requests along with technical literature must be submitted in writing by following the instructions under Section 9. Interpretation of Plans and Documents/Pre-Bid Clarification which has the deadline of 4:00 P.M. (Pacific Standard Time) on Friday, June 27, 2025). For any substitution requests received prior to this deadline, the District will evaluate request for substitution(s) prior to the opening of the quote packets. If the District approves the substitution, it will be issued in an addendum for the bid. Where samples are requested, they must be furnished free of charge. Samples will be returned at bidder’s expense provided a request accompanies the samples and provided that samples are not rendered inoperable by tests.

After the bids are opened, the apparent lowest bidder shall provide, within five (5) calendar days of opening such bids, any and all drawings, specification, samples, performance data, calculations, and other information as may be required to assist the

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Architect and the District in determining whether the proposed substitution is acceptable.

The burden of establishing these facts shall be upon the bidder.

After the District’s receipt of such evidence by bidder, the District will make its final decision as to whether the bidder’s request for Substitution for any Specified Items will be granted. The District shall have sole discretion in deciding as to whether a proposed request for Substitution is equal to or better than a Specified Item. Any request for Substitution which is granted by the District shall be documented and processed through a Change Order. The District may condition its approval of any Substitution upon delivery to the District of an extended warranty or other assurances of adequate performance of the Substitution. Any and all risks of delay due to DSA, or any other governmental agency having jurisdiction shall be on the bidder.

17. Workers’ Compensation. In accordance with the provisions of Labor Code Section 3700, the successful bidder as the Contractor shall secure payment of compensation to all employees.

The Contractor shall sign and file with the District the following certificate prior to performing the work under this contract: “I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.” The form of such certificate is included as a part of the Bid Package.

18. Contractor’s License. To perform the work required by this notice, the Contractor must possess the Contractor’s License as specified in the Notice Inviting Bids, and the Contractor must maintain the license throughout the duration of the contract. If, at the time of award of the Contract, bidder is not licensed to perform the Project in accordance with Division 3, Chapter 9, of the Business and Professions Code for the State of California and the Notice to Contractors calling for bids, such bid will not be considered and the Contractor will forfeit its bid security to the District.

19. Anti-Discrimination. It is the policy of the District that in connection with all work performed under contracts, there be no discrimination against any prospective or active employee engaged in the work because of race, color, ancestry, national origin, religious creed, sex, age, or marital status. The Contractor agrees to comply with applicable federal and California laws, including, but not limited to, the California Fair Employment and Housing Act, beginning with Government Code section 12900 and Labor Code section 1735. In addition, the Contractor agrees to require like compliance by any subcontractors employed on the work by such Contractor.

20. Preference for Materials and Substitutions.

a. One Product Specified. Unless the Plans and Specifications state that no Substitution is permitted, whenever the Contract Documents indicate any specific article, device, equipment, product, material, fixture, patented process, form, method, construction, or any specific name, make, trade name, or catalog number, with or without the words, “or equal,” such specification shall be read as if the language “or equal” is incorporated.

b. Request for Substitution. Bidder may, unless otherwise stated, offer any material, process, article, etc., which is materially equal or better in every respect to that so indicated or specified (“Specified Item”) and will completely accomplish the purpose of the Contract Document. If bidder desires to offer a Substitution for a Specified Item, such bidder

Pomona Unified School District Page 18 must make a request in writing on the District’s Substitution Request Form (“Request Form”) and submit the completed Request Form with the bidder’s bid. The Request Form must be accompanied by evidence as to whether the proposed substitution:

1) Is equal in quality, service, and ability to the Specified Item as demonstrated by a side by side comparison of key characteristics and performance criteria (CSI comparison chart);

2) Will entail no changes in detail, construction and scheduling of related work;

3) Will be acceptable in consideration of the required design and artistic effect;

4) Will provide no cost disadvantage to the District;

5) Will require no excessive or more expensive maintenance, including adequacy and availability of replacement parts; and

6) Will require no change in the Contract Time.

In completing the Request Form, bidder must state with respect to each requested substitution whether bidder will agree to provide the Specified Item in the event that the District denies bidder’s request for substitution of a Specified Item. In the event that bidder does not agree in the Request Form to provide the Specified Item and the District denies the requested Substitution, the bidder’s bid shall be considered non-responsive and the District may award the Contract to the next lowest bidder or in its sole discretion, release all bidders. In the event that bidder has agreed in the Request Form to provide the Specified Item and the District denies bidder’s requested substitution for a Specified Item, bidder shall execute the Agreement and provide the Specified Item without any additional cost or charge to the District, and if bidder fails to execute the Agreement with the Specified Item(s), bidder’s bid bond will be forfeited.

After the bids are opened, the apparent lowest bidder shall provide, within five (5) c alendar days of opening such bids, any and all drawings, specification, samples, performance data, calculations, and other information as may be required to assist the Architect and the District in determining whether the proposed substitution is acceptable. The burden of establishing these facts shall be upon the bidder.

After the District’s receipt of such evidence by bidder, the District will make its final decision as to whether the bidder’s request for Substitution for any Specified Items will be granted. The District shall have sole discretion in deciding as to whether a proposed request for Substitution is equal to or better than a Specified Item. Any request for Substitution which is granted by the District shall be documented and processed through a Change Order. The District may condition its approval of any Substitution upon delivery to the District of an extended warranty or other assurances of adequate performance of the Substitution. Any and all risks of delay due to DSA, or any other governmental agency having jurisdiction shall be on the bidder.

21. Disqualification of Bidders and Proposals. More than one proposal for the same work from any individual, firm, partnership, corporation, or association under the same or different names will not be accepted; and reasonable grounds for believing that any bidder is interested in more than one proposal for the work will be cause for rejecting all proposals in which such bidder is interested and the bidder will forfeit their bid security to the District.

22. Unbalanced or Altered Bids. Proposals in which the prices are obviously unbalanced, and those which are incomplete or show any alteration of form, or contain any additions or conditional or alternate bids that are not called for or otherwise permitted, may be rejected. A proposal on which the signature of the bidder has been omitted may be rejected.

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23. Employment of Apprentices. The Contractor and all Subcontractors shall comply with the provisions of California Labor Code including, but not limited to sections 1777.5, 1777.6, and

1777.7 concerning the employment of apprentices. The Contractor and any Subcontractor under him shall comply with the requirements of said sections, including applicable portions of all subsequent amendments in the employment of apprentices; however, the Contractor shall have full responsibility for compliance with said Labor Code sections, for all apprenticeable occupations, regardless of any other contractual or employment relationships alleged to exist.

24. Non-Collusion Declaration. Public Contract Code Section 7106 requires bidders to submit declaration of non-collusion with their bids. This form is included with the bid documents and must be signed and dated by the bidder under penalty of perjury.

25. Wage Rates, Travel and Subsistence.

a. The Contractor and all subcontractors shall comply with the requirements set forth in Division 2, Part 7, Chapter 1 of the Labor Code. Pursuant to Labor Code Sections 1770 et seq., the District has obtained from the Director of the Department of Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which this work is to be performed for each craft, classification or type of worker needed to execute the contract. Copies are available from the District to any interested party on request and are also available from the Director of the Department of Industrial Relations. The Contractor shall obtain copies of the above-referenced prevailing wage sheets and post a copy of such wage rates at appropriate, conspicuous, weatherproof points at the Site.

b. Any…