8-C 2026-06 Instructions For Bidders.pdf

Anaheim Union High School District Instructions For Bidders Page 1 of 6 Bid No. 2026-06

ANAHEIM UNION HIGH SCHOOL DISTRICT

INSTRUCTIONS FOR BIDDERS

BID NO. 2026-06 HVAC FILTERS

1. PREPARATION OF BID FORM: The Anaheim Union High School District, hereinafter referred to as District, invites bids on the forms enclosed to be submitted no later than September 30, 2025 at 2:00 p.m. PST. All blanks on the bid form must be appropriately filled in. Each bid must be submitted through the online bidding portal. It is the sole responsibility of the bidder to ensure that their bid is received at the location specified in Item 2 below, no later than the time and date specified. Any bids received after the scheduled closing time for receipt of bids will be returned to the bidder unopened.

2. BID SUBMISSION ADDRESS: The bid must be submitted and received online through the AUHSD Online Bonfire Bidding Hub: https://auhsd.bonfirehub.com

TO BE CONSIDERED, ALL BIDS MUST BE RECEIVED THROUGH THE ONLINE

BIDDING PORTAL. THE ANAHEIM UNION HIGH SCHOOL DISTRICT WILL NOT BE

RESPONSIBLE FOR BIDS THAT ARE NOT SUBMITTED THROUGH THE ONLINE

BIDDING PORTAL. NO BIDS WILL BE ACCEPTED IN PERSON, FAXED OR MAILED TO

THE PURCHASING DEPARTMENT.

3. SIGNATURE: All bids must be signed in the name of the bidder and must bear the signature in longhand of the person or persons duly authorized to sign the bid. Unsigned bids will be considered non-responsive, thus resulting in rejection of the bid.

4. MODIFICATIONS: Changes in or additions to the bid form, alternate bids, or any other modifications of the bid form which are not specifically called for in the bid documents may result in District's rejection of the bid as not being responsive to this invitation to bid. Oral, telephone, telegraphic, or facsimile bids or modifications will not be considered.

5. ERASURES: The bid submitted must not contain any erasures, interlineations, or other corrections unless each such correction is initialed in the margin immediately opposite the correction by the person or persons signing the bid.

6. WITHDRAWAL OF BID: Any bidder may withdraw their bid personally or by written request, to the Director of Purchasing/Central Services, at any time prior to the scheduled closing time for receipt of bids. Any request for withdrawal received after the hour set for the opening of the bids will forfeit the entire bid submitted.

7. INTERPRETATION OF BID DOCUMENTS: Bidders who find discrepancies in or omissions from the bid documents, may submit a written request for clarification or correction thereof within the AUHSD Online Bidding Hub. These requests must be submitted no later than SEPTEMBER 24, 2025 12:00 P.M., P.S.T.. A copy of all requests for clarification and the response thereto will be provided to all bidders. Corrections will be made by addenda issued to each bidder. The District will not be responsible for oral interpretations. All addenda issued during the time of bidding shall be incorporated

Anaheim Union High School District Instructions For Bidders Page 2 of 6 into the bid automatically. Only questions posted to the AUHSD Online Bidding Hub will be responded to.

8. AWARD OF A CONTRACT: Successful bidder will sign the District’s contract in lieu of any other contract. The District will not sign any contract provided by the successful bidder.

The District reserves the right to reject any or all bids, or to waive any irregularities or informalities in any bids or the bidding, and to make its selection of items awarded based upon its best judgment as to which items substantially comply with the specifications, or which are most economical and/or best suited for the purpose for which they are intended.

It is the District’s intent to award this bid to one bidder in its entirety. The District also reserves the right to make multiple awards or no award at all and further reserves the right to reject any and all bids and to waive any irregularity or discrepancy associated with this bid. Please submit prices on each item. Cash discounts offered shall be considered in determining low bid in accordance with Bid Form.

In the event of equal bids, the award shall be made to the bidder located within the State of California, the County of Orange, and with whom the Purchasing Department of the District has had satisfactory business relationships, in the order named. All bids shall remain open and valid and subject to acceptance for sixty (60) calendar days after the bid opening date.

9. PRICES: Prices must be stated in units specified or trade standard. The right is reserved to waive any informality in bids, to reject any or all bids, and to accept or reject any item or combination of items.

In case of a discrepancy between the unit price and the extension, the unit price will be considered correct. Quote prices net including trade discounts, F.O.B. DESTINATION, FRT. PREPAID. Set up fees are to be included in the unit price quoted, not charged separately. Cash discounts, when offered, will be computed from final date of accepted delivery or receipt of invoice, whichever is later. Sales tax will be applicable but not included in bid unit price.

10. PRICE INCREASE: Pricing shall remain firm for a year from the award of the bid before any price increase is permitted. The successful bidder(s) shall submit to the District, a written notice (no electronic mail), of any price changes. The District must have sixty (60) calendar days prior written notice of any price change. A written justification from the supplier and manufacturer must accompany the sixty (60) calendar days’ notice to the District. In the event of the price increase, the District reserves the right to cancel such items from the Bid. Failure to meet these requirements set forth may be cause for DEFAULT under the TERMINATION OF DEFAULT clause of this bid.

11. DISCONTINUED ITEM: The successful bidder(s) shall submit to the District a written notice (no electronic mail), anytime when any item has been discontinued. The District must have sixty (60) calendar days prior written notice of any price change. A written justification from the supplier and manufacturer must accompany the sixty (60) calendar day notice to the District. In the event of an item being discontinued, the District reserves the right to cancel such items from the Bid. Failure to meet these requirements set forth may be cause for DEFAULT under the TERMINATION OF DEFAULT clause of this bid.

12. MODEL CHANGES: Model changes will be allowed as long as the replacement is significantly the same or better in terms of specifications and performance and there is NO price change. The successful bidder(s) shall submit to the District, a written notice (no electronic mail) of any model changes. The District must have sixty (60) calendar days prior written notice of any price change. A written justification from the supplier and manufacturer must accompany the sixty (60) calendar day notice to the District. In the event of the brand change, the District reserves the right to cancel such

Anaheim Union High School District Instructions For Bidders Page 3 of 6 items from the Bid. Failure to meet these requirements set forth may be cause for DEFAULT under the TERMINATION OF DEFAULT clause of this bid.

13. BRANDS: Brand names are included for descriptive purposes to indicate the quality, design, and utility desired by the District, but the specifications are not intended to restrict competition. Brands of equal make or type to those specified will be considered unless otherwise so indicated in the bid. Each bidder shall indicate the brand name and model number of the brand(s) being bid (even if indicated in the specification). Terms such as “As spec” or Bidder’s item numbers instead of the manufacturer’s name and model number may be considered non-responsive. In accordance with the INSPECTION AND ACCEPTANCE provision of this bid, testing may be required.

Brand changes will be allowed as long as the replacement is significantly the same or better in terms of specifications and performance and there is NO price change. The successful bidder(s) shall submit to the District, a written notice (no electronic mail), of any brand changes. A written justification from the supplier and manufacturer must accompany the sixty (60) calendar day notice to the District. In the event of the brand change, the District reserves the right to cancel such items from the Bid. Failure to meet these requirements set forth may be cause for DEFAULT under the TERMINATION OF DEFAULT clause of this bid.

14. NON-EXCLUSIVITY: The District is not obligated to purchase from the bid, but will utilize it as often as possible and reserves the right to competitively bid any item on this contract when it is in the best interest of the District.

15. QUANTITIES: Quantities shown in Bid Form are estimates only, based on the best information available at the time. The District reserves the right to purchase more or less of the units specified at the unit cost bid.

16. SCHEDULE: The District reserves the right to make award based on delivery time quoted. Failure to meet the delivery requirements set forth may be cause for DEFAULT under the TERMINATION OF DEFAULT clause of this bid.

17. WARRANTY: Supplier shall guarantee any equipment delivered and installed under this order unconditionally for a One Year period after equipment is deployed per manufacturer warranty for the duration of contract.

18. INSURANCE: Prior to issuance of a purchase order, the successful bidder shall furnish the District with insurance endorsements evidencing insurance coverage and further indicating that the successful bidder’s policies have been endorsed to name the “Anaheim Union High School District” as an additional insured thereon, with provision made for cross liability. The endorsements shall further provide the “Successful bidder’s policy is primary over any insurance carried by the District and that “the policy will not be cancelled or materially changed without thirty (30) calendar days prior written notice ” being given to the District’s Purchasing Department. During the term of the contract, the successful bidder shall, at its own cost and expense maintain the following types of insurance:

i. Commercial General Liability Coverage, “occurrence” form only, to include bodily injury and property damage for premises and operations, contractual liability, independent contractors, personal and advertising injury, and wrongful termination with a combined single limit not less than $1,000,000 per occurrence and an annual general aggregate limit not less than $2,000,000. The policy shall be endorsed to name the District, its governing boards and commissions and the individuals thereof, and all its officers, agents, employees, representatives and volunteers, as additional insured.

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ii. Workers’ Compensation insurance with limits as required by the Labor Code of the State of California and Employers Liability insurance limits of $1,000,000 per accident.

iii. Business Automobile Liability Coverage with limits as required by the State of California.

19. FAILURE TO PROVIDE EVIDENCE OF INSURANCE, POST SECURITY, OR EXECUTE

CONTRACT: In the event the bidder to whom a notice of intent to award a contract is given, fails or refuses to provide the certificates of insurance, required bonds, or return properly executed copies of the contract within seven (7) calendar days from the date of receiving said notice, the District may declare the successful bidder as nonresponsive to this solicitation and re-issue a notice of intent to award a contract to the next lowest responsive and responsible bidder, or may call for new bids.

20. DEFAULT: In the event the bidder to whom a contract is awarded fails to perform in accordance with the terms and conditions of the bid or the contract, the District may terminate their orders, in whole or in part, in accordance with the TERMINATION FOR DEFAULT provision of this bid.

21. TERMINATION FOR DEFAULT: The District may, by written notice of default to the successful bidder, terminate the contract in whole or in part if:

A. The successful bidder fails or neglects to perform any of the services listed herein in the manner and time specified, or if, in the opinion of the District, the items(s) provided fail to perform satisfactorily;

OR

B. The successful bidder fails to perform any of the other provisions of the bid or purchase order and does not cure such failure within a period of two (2) business days (or such longer period as the District may authorize in writing) after receipt of notice from the Anaheim Union High School District specifying such failure.

In the event the District terminates the contract, in whole or in part, the District may acquire equipment, similar to those so terminated from another source, and the successful bidder shall be liable for any excess costs of acquisitions of such similar supplies.

22. SUPPLIER NOT OFFICER, EMPLOYEE, OR AGENT OF DISTRICT: While engaged in carrying out the terms and conditions of the contract, the successful bidder is an independent contractor and not an officer, employee, or agent of the District.

23. EVIDENCE OF RESPONSIBILITY: Upon request of the District, a bidder whose bid is under consideration for award shall promptly submit satisfactory evidence showing their financial resources.

The District may also request the names of at least three (3) references for whom similar supplies or equipment were provided during the previous year. The bidder must furnish this list within three (3) business days after request. Failure to do so will be sufficient cause for default and the District may declare the successful bidder as nonresponsive to this solicitation and re-issue a notice of intent to award a contract to the next lowest responsive and responsible bidder, or may call for new bids.

24. ANTI-DISCRIMINATION: In connection with all services performed under this bid, there shall be no unlawful discrimination against any prospective or active employee engaged in the work because of race, color, ancestry, national origin, religious creed, sex, age, marital status, physical disability, mental disability, or medical condition. The successful bidder agrees to comply with applicable Federal and

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State 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 successful bidder agrees to require like compliance by any subcontractors employed on the Project by such bidder.

25. INSPECTION AND ACCEPTANCE: All items provided under the contract shall meet or exceed the bid specifications and shall comply with all Federal and California State laws governing their production, handling, processing and labeling. Inspection and acceptance of all items shall be at DESTINATION. Items found to be defective or not in accordance with the bid specifications shall be replaced by the successful bidder at no cost to the District. Failure to replace said items shall be considered sufficient cause for default action under the DEFAULT provision of this bid.

26. INSPECTION OF BIDDER’S FACILITY: The District reserves the right to inspect the facilities of the bidder prior to award of the contract and if representatives of the District determine after such inspection that the bidder is not capable of performing satisfactorily to the District, his bid will be ruled nonresponsive. Additionally, the District reserves the right to inspect the successful bidder’s facility during the contract period.

27. INDEMNIFICATION: Bidder agrees to defend, indemnify, save, and hold harmless the District and any of their governing bodies, the individuals, thereof, and all officers, agents, employees, representatives, and volunteers from all loss, cost, and expense (including, but not by way of limitation, attorneys’ fees and other related legal costs) arising out of any liability or claim of liability for injury, damage, or loss sustained or claimed to have been sustained arising out of, or occurring as a result of the Bidder’s performance or failure to perform services under this bid, or resulting from or in any way directly or indirectly connected with the performance or nonperformance of the District, pertaining to this bid. Bidder further agrees to waive all rights of subrogation against the District and shall pay for any and all injury, damage, or loss to the District. The provisions of this indemnification clause shall not be limited to the availability or collectability of insurance coverage, nor do these provisions apply to any injury, damage or loss caused solely by the negligence of the District.

28. DISCOUNTS: Cash discounts shall be considered in determining low bid if the discount offered is for a 30-day payment period or more. Cash discounts for less than 30 days shall not be considered in determining low bid.

29. EMPLOYEE BACKGROUND CHECKS: The District has determined under Education Code section

45125.1, subdivision (a) that in performing services pursuant to this Agreement, Contractor’s employees may have contact with pupils. As required under Education Code section 45125.1, subdivision (a), Contractor shall require their employees who will provide services pursuant to this Agreement to submit their fingerprints in a manner authorized by the Department of Justice together with a fee determined by the Department of Justice in order to conduct a criminal background check to determine whether such employees have been convicted of or have charges pending for a felony as defined under Education Code Section 45122.1.

Contractor shall certify in writing to the governing board of the District to the attention of Brad Minami, Director of Purchasing and Central Services at 501 N. Crescent Way, Anaheim, CA 92803 that all of its employees who may come in contact with pupils have not been convicted of or have no criminal charges pending for a felony, as defined in Education Code section 45122.1. Contractor will provide a listing of employees who may come in contact with pupils. Contractor shall defend, indemnify, protect, and hold the District and its agents, officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property which arise from or are connected with or are caused or claimed to be caused by Contractor’s failure to comply with all of the requirements contained in Education Code section 45125.1, including, but not limited

Anaheim Union High School District Instructions For Bidders Page 6 of 6 to, the requirement prohibiting Contractor from using employees who may have contact with pupils who have been convicted or have charges pending for a felony as defined in Education Code section 45122.1.

If the successful bidder refuses or fails to comply with this section, such refusal or failure shall be considered sufficient cause for termination of the contract, in whole or in part, under the Termination for Default clause of the contract.

30. DRUG AND ALCOHOL FREE WORKPLACE: The successful bidder hereby certifies, under penalty of perjury, under the laws of the State of California that under the contract the successful bidder will comply with the requirements of the Drug-Free Workplace Act of 1988 (Government Code Section 8350 et. seq.) and the Anaheim Union High School Board of Education’s Policy (BP 6317.20). Therefore, the work site shall be kept drug and alcohol free at all times.

31. TOBACCO-FREE WORKPLACE: The successful bidder hereby agrees, under the contract, he will comply with the Anaheim Union High School Board of Education’s Policy (BP 6317.15) which states:

“The Governing Board recognizes the health hazards associated with tobacco products, including the breathing of second hand smoke and desires to provide a healthy environment for students and staff.”

Therefore, the work site shall be kept tobacco free and smoke-free at all times.

32. BID DOCUMENTS: The complete bid includes the following documents:

• Notice Calling For Bids

• Instructions For Bidders

• Bid Specifications

• Bid Form Pages 1-2, and Page 3 (Bid Table)

• Notice to Contractor Regarding Valid Criminal Records Summary

• Addendum Sheets (if any)

• Information Required of Bidders

• Non-Collusion Declaration (Notary not required)

*BOLDED ITEMS MUST BE COMPLETED AND RETURNED WITH THE BID FORMS.

Any of these shall be interpreted to include all the provisions of the other documents as though fully set out therein. The bidder should fully acquaint him/herself with the terms and conditions affecting the performance of the contract. Submission of a bid shall be taken as prima facie evidence of compliance with this provision.

INSTRUCTIONS FOR BIDDERS