Fontana Unified School District

9860 Citrus Avenue

Fontana, CA 92335

BID NO. 25/26-0026i

FOR

ADA PATH OF TRAVEL UPGRADES AT 11

PRESCHOOL PLAYGROUNDS

Invitation For Bid No. 25/26-0026i

Title: ADA Path of Travel Upgrades at 11 Preschool Playgrounds

TABLE OF CONTENTS

I. Project Information

II. Notice Inviting Bids

III. Additive/Deductive Bid Alternates

IV. Instructions To Bidders

V. Scope of Work

VI. General Conditions

VII. Supplementary General Conditions

VIII. Supplementary Conditions

IX. Bid Form

X. PW Vendor Questionnaire, References, & Forms

Attachments:

A - CYPRESS 04-124686 DRAWING

B - DATE 04-124688 DRAWING

C - DOROTHY GRANT 04-124684 DRAWING

D - HEMLOCK 04-124685 DRAWING

F - NORTH TAMARIND 04-124695 DRAWING

G - OAK PARK 04-124687 DRAWING

H - POPLAR 04-124692 DRAWING

I - RANDALL PEPPER 04-124681 DRAWING

J - REDWOOD 04-124693 DRAWING

K - SHADOW HILLS 04-124691 DRAWING

M - TOKAY 04-124690 DRAWING

N - DISTRICT SPECIFICATIONS

1. Project Information

This project is being let in accordance with the California Uniform Public Construction Cost Accounting Act

(“CUPCCAA”) set forth in Public Contract Code section 22000 et seq. Bidders shall comply with any requirements set forth in the CUPCCAA including all guidelines and requirements in the current California Uniform Public

Construction Cost Accounting Commission Cost Accounting Policies and Procedures Manual.

License Classification: B

Contract Time: 60 Calendar Days

Construction Cost Estimate: $180,000

Allowance/ Alternates: Yes

Liquidated Damages: $500 per calendar day

Notice Inviting Bids Post Date: November 7, 2025

Job Walk (Mandatory): November 12, 2025, 9:00am

Agenda

Starting at FUSD Maintenance & Operations

Conference Room located at 9851 Catawba

Ave., Fontana, CA 92335, continuing on to five

(5) elementary school sites (Cypress, O'Day

Short, Date, Tokay, and Redwood).

Request for Information (RFI)/ Question &

Answer deadline:

November 14, 2025, 2:00pm

Bid Response Due: November 20, 2025, 2:00pm

Tentative Award of Contract: December 8, 2025

*Please note, Bids are to be submitted through the e-procurement portal at https://procurement.opengov.com/portal/fusd Bidder must also MAIL bid guarantee to be received no later than the bid due and addressed to: Fontana Unified

School District, Attn: Shamica R. Nance, Sr. Director of Purchasing, 9680 Citrus Avenue. Building #30, Fontana, CA 92335. Please have the Bidder Name, Project Title and Project Number listed clearly on the outside of the envelope.

2. Notice Inviting Bids

NOTICE IS HEREBY GIVEN that the Fontana Unified School District (“District”), hereinafter referred to as the

District, will receive up to, but no later than 2:00 pm on Thursday, November 20, 2025 through the Procurement

Portal at https://procurement.opengov.com/portal/fusd, proposals for the award of a contract for:

Bid No. 25/26-0026i ADA Path of Travel Upgrades at 11 Preschool Playgrounds https://government-project.s3.amazonaws.com/211164/1d1c3d12-768e-4127-aa0e-120d74321424_Mandatory_Multi-Site_Job_Walk_Agenda.pdf

All bids shall be made and presented only on the forms presented by the District. Bids shall be received through the e-procurement portal at https://procurement.opengov.com/portal/fusd. Please scan and upload a copy of your bid bond/cashier’s check, as well as mail the original to be received no later than the bid due and addressed to:

Fontana Unified School District, Attn: Shamica R. Nance, Sr. Director of Purchasing, 9680 Citrus Avenue, Building #30, Fontana, CA 92335. Please have BID BOND, the Bidder Company Name, Project Number and

Title listed clearly on the outside of the envelope. Any bids received after the time specified above or after any extensions due to material changes shall not be accepted.

A Mandatory Multi-Site Job Walk will be conducted on Wednesday, November 12, 2025, promptly at 9:00 A.M.

Contractors and/or their representatives, are to meet at FUSD Maintenance & Operations Conference Room located at 9851 Catawba Ave., Fontana, CA 92335, continuing on to five (5) elementary school sites (Cypress, O'Day Short, Date, Tokay, and Redwood). Only those bidders who attend the entire job walk will be eligible to bid this project. Late arrivals will not be permitted to participate; there will be a sign-in sheet at the job walk/bid conference.

Request for Information (RFI)/ Question & Answer deadline is: 2:00 pm on Friday, November 14, 2025. Requests for Information must be submitted through the e-procurement portal. No other questions or requests for information will be accepted after this date and time.

The Contract Time is 60 calendar days.

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 B Contractor’s License, at time of bidding and licenses must be valid through project completion. The

Contractor’s California State License numbers shall be correctly entered in the bid.

Subcontractors shall be certified and licensed pursuant to California law for the trades necessary to perform the work called for in the contract documents and license must be valid through project completion.

CONTRACTOR should consult the General Conditions, Supplementary General Conditions, and General

Requirements regarding Milestones and Liquidated Damages.

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 its 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.

The District may request interviews from the top Contractors.

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 and insurance certificates. In the event of failure to enter into said contract or provide the necessary documents, said security will be forfeited.

Bidders are advised that this contract is a public work for purposes of the California Labor Code, which requires payment of prevailing wages. Wage rates can be obtained from the Director of the Department of Industrial

Relations at http://www.dir.ca.gov/OPRL/dprewagedetermination.htm. All contractors bidding on a public works project must be registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5c.

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 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.

Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of

Industrial Relations. No bid will be accepted, nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded a contract, the bidder and its subcontractors, of any tier, shall maintain active registration with the

Department of Industrial Relations for the duration of the project.

This project is subject to labor compliance monitoring and enforcement of prevailing wage requirements by the

Department of Industrial Relations. The successful bidder and any listed subcontractor(s) shall be required to furnish electronic certified payroll records directly to the Labor Commissioner, Division of Labor Standards

Enforcement.

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.

Any request for substitutions pursuant to Public Contracts Code Section 3400 must be made on the form set forth in the contract documents and included with the bid.

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.

Fontana Unified School District Board of Education Publication Date: November 7, 2025

3. Additive/Deductive Bid Alternates http://www.dir.ca.gov/OPRL/dprewagedetermination.htm

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 prices on the additive or deductive items.

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.

4. Instructions To Bidders

4.1. Preparation of Bid Form

Proposals under these specifications shall be submitted as indicated, through the Vendor Questionnaire Section at the time and place stated in the Notice Inviting Bids. All information requested must be appropriately provided and must be stated clearly. All bids must be signed by the bidder in permanent ink and submitted through the

Procurement Portal. 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 submitted and received by the District. Any bid received after the scheduled closing time for receipt of bids shall not be accepted.

4.2. Signature

The bid form, all bonds, all designations of Subcontractors, the Contractor’s Certificate, the Agreement, and all

Guarantees must be signed in permanent 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. Typed font signature will not be accepted.

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 venture.

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 indicated in the signature.

4.3. 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.

4.4. 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 being non-responsive.

4.5. 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 and all others documents and requirements that are attached to and/or contained in the Project Manual or other documents issued to bidders. 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.

4.6. 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 request.

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

4.7. 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 two

(2). Payment and Performance bonds must be executed by an admitted surety insurer as defined in Code of Civil

Procedure 995.120.

4.8. 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 request for an interpretation or correction thereof may be submitted to the District, through the Procurement Portal. 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. Addendum will be made available through the e-procurement portal. 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 plans, 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 shall contain Specifications and/or Drawing number, if applicable, and any other pertinent information. Pre-bid clarification request shall be filed by the RFI deadline. Requests received after the deadline shall not be considered or responded to. A response to timely pre-bid clarifications requests which materially affects the bidders price will be made by Addendum issued by the District not less than seventy-two (72) hours prior to bid opening through the Procurement Portal.

SUBMITTAL OF A BID WITHOUT A REQUEST FOR CLARIFICATIONS SHALL BE

INCONTROVERTIBLE EVIDENCE THAT THE BIDDER HAS DETERMINED THAT THE BID

DOCUMENTS ARE ACCEPTABLE AND SUFFICIENT FOR BIDDING AND COMPLETING THE WORK;

THAT BIDDER IS CAPABLE OF READING, FOLLOWING AND COMPLETING THE WORK IN

ACCORDANCE WITH THE BID DOCUMENTS; AND THAT BIDDER AGREES THAT THE WORK CAN

AND WILL BE COMPLETED ACCORDING TO THE DISTRICT’S TIMELINES.

4.9. 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.

4.10. Unidentified Conditions Allowance

A 10% Unidentified Conditions Allowance is to be added to the cost of the Project. Each bidder is to add this percentage to their base bid amount. This allowance will be used for any unforeseen necessary changes that are approved, in writing, by the District. Any portion of the allowance that is not used to be deducted from the

Project/bid amount via deductive change order. Contractor shall submit the Allowance Authorization Form included herein to obtain written approval by the District.

4.11. Award of Contract

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. The award of the contract, if made by the District, will be by action of the governing board and to the lowest responsible and responsive bidder, based on the sum of the Base Bid plus the Ten Percent (10%)

Unidentified Conditions Allowance, therefor from among those bidders responsive to the call for bids. 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.

4.12. Bid Protest Procedure

Any bid protest by any bidder regarding any other bid must be submitted in writing to: Sr. Director of Purchasing, Shamica R. Nance at shamica.nance@fusd.net, not more than five (5) calendar days after receipt of written notice of the District’s intent to award to another bidder and must meet the following requirements:

a. The protest must contain a complete statement of any and all basis for the protest.

b. The protest must refer to the specific portions of all documents that form the basis for the protest.

c. The protest must include the name, address, email and telephone number of the person representing the protesting party.

The procedure and time limits set forth in this section are mandatory and are each bidder's sole and exclusively remedy in the event of bid protest. Failure to comply with these procedures shall constitute a waiver of any right to further pursue the bid protest, including filing a Government Code claim, any administrative remedies or legal proceedings.

mailto:shamica.nance@fusd.net

4.13. 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.

4.14. 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.

4.15. Listing Subcontractors

Each bidder shall submit with his bid, on the form furnished with the Contract Documents, a list of the names, license numbers, scopes of work, locations of the places of business, contact information, and Department of

Industrial Relations (“DIR”) registration numbers 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 total bid as required by the Subletting and Subcontracting Fair Practices Act (Public Contract Code section 4100, et seq.)

Pursuant to Labor Code section 1725.5, all Subcontractors (of any tier) performing work on this Project must be properly registered with DIR.

4.16. 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 Documents.

4.17. 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 bid, 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.

4.18. 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.

4.19. 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 must make a request in writing on the District’s Substitution Request Form (“Request Form”) located within the

Question and Answer section of the e-procurement portal. The completed Request Form must be submitted through the e-procurement portal at least seven (7) business days prior to the bid opening date. The Request Form must be accompanied by evidence as to whether the proposed substitution:

i. 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);

ii. Will entail no changes in detail, construction and scheduling of related work;

iii. Will be acceptable in consideration of the required design and artistic effect;

iv. Will provide no cost disadvantage to the District;

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

vi. Will require no change in the Contract Time.

Any bidder requesting a substitution shall provide any and all Drawings, Specifications, 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 timely 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 issued via an addendum issued to all bidders. 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.

4.20. 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.

4.21. 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. If, in the District’s sole discretion, it determines any pricing, costs or other information submitted by a bidder may result in an unbalanced bid, the District may deem such bid non-responsive. A bid may be determined by the District to be unbalanced if the bid is based on prices significantly less than cost for some work and prices which are significantly overstated in relation to cost for other work, and if there is a reasonable doubt that the bid will result in the lowest overall cost to the District even though it may be the low evaluated bid, or if it is so unbalanced as to be tantamount to allowing an advanced payment.

4.22. 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 all

Subcontractors 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.

4.23. Non-Collusion Declaration

Public Contract Code section 7106 requires bidders to submit declaration of non-collusion with their bids. This form is included in the vendor questionnaire and must be signed and dated by the bidder under penalty of perjury.

4.24. 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 section 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 worker employed to perform work on the Project and such work is not covered by any classification listed in the published general prevailing wage rate determinations or per diem wages determined by the Director of the Department of Industrial Relations, shall be paid not less than the minimum rate of wages specified therein for the classification which most nearly corresponds to the employment of such person in such classification.

c. Holiday and overtime work, when permitted by law, shall be paid for at the rate set forth in the prevailing wage rate determinations issued by the Director of the Department of Industrial

Relations or at least one and one-half (1½) times the specified basic rate of per diem wages, plus employer payments, unless otherwise specified in the Contract Documents or authorized by law.

d. These per diem rates, including holiday and overtime work, and employer payments for health and welfare, pension, vacation, and similar purposes, are on file at the administrative office of the

District, located as noted above and are also available from the Director of the Department of

Industrial Relations. It is the Contractor’s responsibility to ensure the appropriate prevailing rates of per diem wages are paid for each classification. 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.

4.25. DIR Registration of Contractor and Subcontractors

Contractor or all Subcontractors 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 the Labor Code, 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 and 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.

This Project is a public works project as defined in Labor Code section 1720. Each Contractor bidding on this

Project and all Subcontractors (of any tier) performing any portion of the Work must comply with the Labor Code sections 1725.5 and 1771.1 and must be properly and currently registered with DIR and qualified to perform public works pursuant to Labor Code section 1725.5 throughout the duration of the Project. For more information and up to date requirements, Contractors are recommended to periodically review the DIR’s website at www.dir.ca.gov.

Contractor shall be solely responsible for ensuring compliance with Labor Code section 1725.5 as well as any requirements implemented by DIR applicable to its services or its Subcontractors throughout the term of the

Agreement and in no event shall Contractor be granted increased payment from the District or any time extensions to complete the Project as a result of Contractor’s efforts to maintain compliance with the Labor Code or any requirements implemented by DIR. Failure to comply with these requirements shall be deemed a material breach of this Agreement and grounds for termination for cause. The Contractor and all Subcontractors shall furnish certified payroll records as required pursuant Labor Code section 1776 directly to the Labor Commissioner in accordance with Labor Code section 1771.4 on at least on a monthly basis (or more frequently if required by the

District or the Labor Commissioner) and in a format prescribed by the Labor Commissioner. The District reserves the right to withhold contract payments if the District is notified, or determines as the result of its own investigation, that Contractor is in violation of any of the requirements set forth in Labor Code section 1720 et seq. at no penalty or cost to the District. Monitoring and enforcement of the prevailing wage laws and related requirements will be performed by the Labor Commissioner/ Department of Labor Standards Enforcement (DLSE).

4.26. No Telephone or Facsimile Availability

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

4.27. Obtaining Bidding Documents

Bidding Documents, may be obtained from:

The e-procurement portal at https://procurement.opengov.com/portal/fusd.

Bidders shall utilize a complete set of Bidding Documents in preparing a bid. The failure or omission of bidder to receive any bid document, form, instrument, Addendum, or other document shall not relieve bidder from any obligations with respect to the bid and/or Contract.

https://www.dir.ca.gov/

4.28. Addenda

Clarification or any other notice of a change in the Bidding Documents will be issued only by the District and only in the form of Addendum, through the e-procurement portal. Any other purported Addenda are void and unenforceable.

Bidder is responsible for ascertaining the disposition of all Addenda issued regardless of District notification and to acknowledge all Addenda through the e-procurement portal prior to the bid opening. Addenda is available for inspection through the e-procurement portal. Oral statements or any instructions in any form, other than Addendum as described above, shall be void and unenforceable. Addenda issued by the District must be acknowledged by the bidder. Failure to acknowledge may result in bid being deemed non-responsive.

4.29. CUPCCAA

This Project is being let in accordance with the California Uniform Public Construction Cost Accounting

(“CUPCCAA”) set forth in Public Contract Code section 22000 et seq. Bidders shall comply with any requirements set forth in the CUPCCAA including all guidelines and requirements in the current California Uniform Public

Construction Cost Accounting Commission Cost Accounting Policies and Procedures Manual. If applicable, only

Contractors included on the District’s Qualified List shall submit bids for the Project as set forth in the CUPCCAA.

4.30. Debarment

Bidder may also be subject to debarment, in addition to seeking remedies for False Claims under Government Code section 12650 et seq. and Penal Code section 72, the District may debar a Contractor if the Board, or the Board may designate a hearing officer who, in his or her discretion, finds the Contractor has done any of the following:

a. Intentionally or with reckless disregard, violated any term of a contract with the District

b. Committed an act or omission which reflects on the Contractor’s quality, fitness or capacity to perform work for the District;

c. Committed an act or offense which indicates a lack of business integrity or business honesty; or,

d. Made or submitted a false claim against the District or any other public entity (See Government

Code section 12650, et seq., and Penal Code section 72.)

5. Scope of Work

5.1. See Drawings and District Specifications for complete scope of work.

Summary of Drawings (located in attachments)

School Work Required

1 Cypress Elementary School

Install new accessible ramp at Pre-K portable.

Install new asphalt or concrete on accessible pathway that is a currently all grass. Approx 150 sqft

Concrete

2 Date Elementary School

Replace existing concrete with new asphalt or concrete at path of travel, approx. 1500 sqft.

Verify slopes at turf are acceptable.

Asphalt

3 Dorothy Grant

Elementary School

Replace existing concrete at 2 areas with new asphalt in 1 area, and new concrete in the other area, approx. 250 sqft each.

Verify slopes at turf are acceptable.

Asphalt & Concrete

4 Hemlock Elementary School

Replace existing concrete at 1 area with new to meet slope, approx. 800 sqft..

Concrete

5 North Tamarind

Elementary School

Replace existing concrete asphalt at 2 areas with new asphalt, approx. 150 sqft each.

Verify slopes at turf are acceptable.

Asphalt

6 Oak Park Elementary School

Replace existing concrete with new asphalt or concrete at path of travel, approx. 450 sqft.

Verify slopes at turf are acceptable.

Concrete

7 Poplar Elementary School

Replace existing asphalt with concrete or new asphalt, approx. 250 sqft.

Asphalt

8 O'Day Short (Randall

Pepper) Elementary

School

Repave all of the existing asphalt or put in new concrete with new asphalt at path of travel, approx. 2600 sqft.

Verify slopes at turf are acceptable.

Asphalt

9 Redwood Elementary

School

Partially demo existing ramp and handrail extension going to playground and replace with new ADA compliant concrete ramp and handrail extension.

Concrete

10 Shadow Hills

Elementary School

Replace existing concrete at path of travel, approx. 400 sqft. Concrete

11 Tokay Elementary School

Redo approx. 100 sqft of existing turf and subgrade to be accessible at playground entrance.

N/A

See Drawings and District Specifications for complete scope of work.

5.2. Project Schedule

The anticipated start date for this project is December 22, 2025. The awarded contractor is expected to coordinate all required submittals and mobilization activities to ensure readiness to begin work on this date.

The information above is intended to provide a general overview of the project scope and does not represent the full extent of work required. Bidders are advised that all obligations, specifications, plans, and contract documents included in this solicitation govern the complete scope of work. It is the responsibility of each bidder to thoroughly review all such documents prior to submitting a bid. Bidders must ensure that all subcontractors are properly listed and hold the appropriate licenses for their respective scopes of work. Failure to list a required subcontractor may result in the bid being deemed non-responsive.

6. General Conditions

General Conditions

6.1. ARTICLE 1 DEFINITIONS

NOTE: The following shall not be construed as a comprehensive list of all definitions in the Contract Documents and there may be other definitions set forth in the Contract Documents. Additionally, any references to any DSA forms, documents or requirements shall be construed to incorporate any updates, supplements, or additions. The

Contractor shall be required to meet the latest DSA requirements applicable to the Project. These General

Conditions are intended to supplement, complement and work in conjunction with the Division 1 documents/specifications. Work required by one set of documents and not by the others shall be done as if required by all. In the event there is a discrepancy, conflict, or ambiguity between the various documents, it is intended that the more stringent, higher quality, and greater quantity of work shall apply. The Contractor shall carefully review all Contract Documents carefully and if there are any discrepancies, conflict or ambiguities in the documents, the

Contractor shall notify the Construction Manager in writing. Failure to provide written notice shall be deemed consent by the Contractor that all of the requirements in the documents are clear, there are no discrepancies, conflicts or ambiguities, and that the Contractor understands the requirements for the Project.

1. Action of the Governing Board is a vote of a majority of the District’s governing board.

2. Approval means written authorization through action of the governing board unless specific delegation of approval authority is delegated to a District representative.

3. As shown, as indicated, as detailed refers to drawings accompanying this specification.

4. Claim. A “Claim” shall have the same meaning as in Public Contract Code sections 9204 and 20104, including the requirements of Section 9204 (c)(1) to submit a Claim to the District by registered or certified mail. In addition, a Claim shall include any disagreement involving any withholding the

District makes or has provided notice to the Contractor that it intends to make from any payment that would otherwise be due to the Contractor. Notwithstanding the above, before any “Dispute” rises to the level of a Claim, the Contractor must have complied with the applicable provisions of Article 43, including the requirement to assemble documentation supporting the Contractor’s position. Supporting documentation (see Article 44) must be submitted with a Claim.

5. Dispute. A “Dispute” is a disagreement over a discrete and separate issue involving the terms or conditions of the Project or Contract where the Contractor’s opinion or interpretation of the Project, Contract, payment, Change Order or Request for Proposal differs from that of the District or Architect.

A Dispute includes any disagreement that would be considered a claim under Public Contract Code sections 9204 and 20104, but has not yet risen to the level of a Claim. A Dispute only rises to the level of a Claim once the Contractor assembles back-up documentation and presents it to the District for evaluation. See Article 44.

6. Complete/ Completion/ Final Completion means that all Work in the Contract Documents is finished, the requirements of the Contract Documents have been met, the Project has been closed out, and all

Work has ceased on the Project. This may also be referred to as Final Completion. In most cases, the recording of a Notice of Completion shall represent Completion of the Project. Beneficial Occupancy does not mean the Work is Complete.

7. Contract, Contract Documents includes all documents noted in Article 7 of the Agreement Form and all modifications, addenda, and amendments thereto.

8. Contractor, District and Architect are those mentioned as such in the Agreement. They are treated throughout the contract as if they are of singular number and neuter gender.

9. Locality in which the work is performed means the county in which the public work is done.

10. Project is the planned undertaking as provided for in the Contract Documents by District and

Contractor.

11. Provide shall include “provide complete in place”, that is, “furnish & install”.

12. Safety Orders are those issued by the Division of Industrial Safety an OSHA Safety and Health

Standards for construction.

13. Standards, Rules and Regulations that are recognized printed standards applicable to the Project shall be considered as one and a part of the Contract Documents.

14. Subcontractor, as used herein, includes those having direct contract with Contractor and one who furnishes material worked to a special design according to plans, drawings, and specifications for this work, but does not include one who merely furnishes material not so worked.

15. Substantial Completion/ Substantially Complete(d) is not reached unless and until each of the following five (5) conditions have been fully met: (1) all contractually required items have been installed with the exception of only minor and incomplete Punch List items; (2) all fire/life safety systems have been installed, and are working and signed off on the DSA Form 152 Inspection Card; (3) all building systems including mechanical, electrical, low voltage, and plumbing are all functioning; (4) all other items DSA Form 152 Inspection Card for the Project have been approved and signed off; and (5) the

Project is fit for occupancy and its intended use.

16. Surety is the person, firm, or corporation that executes as surety the Contractor’s Performance Bond and Payment Bond.

17. Work of the Contractor or Subcontractor includes labor or materials (including, without installation, equipment and appliances) or both, incorporated in, or to be incorporated in the construction covered by the complete Contract.

18. Workers include laborer, worker or mechanic.

6.2. ARTICLE 2 LAWS CONCERNING THE DISTRICT A PART HEREOF

Contract is subject to all provision of the Constitution of Laws of California governing, controlling or effecting

District, or the property, funds operations, or powers of District, and such provisions are by his reference made a part hereof and of Contract.

6.3. ARTICLE 3 SITE INVESTIGATION

Before bidding on this Project, Contractor shall make a careful investigation of the site and thoroughly familiarize himself with the requirement of the Contract. By the act of submitting a bid for the Project included in this Contract, Contractor shall be deemed to have made such study and investigation and that Contractor is familiar with and accepts the conditions of the site.

6.4. ARTICLE 4 STATUS OF CONTRACTOR

A. Contractor is and shall at all times be deemed to be an independent Contractor and shall be wholly responsible for the manner in which it performs the services required of it by the terms of this contract.

Nothing herein contained shall be construed as creating the relationship of employer and employee, or principal and agent, between the District, or any of the District’s employees or agents, and Contractor or any of Contractor’s agents or employees. Contractor assumes exclusively the responsibility for the acts of its employees as they relate to the services to be provided during the course and scope of their employment.

Contractor, its agents and employees shall not be entitled to any rights or privileges of District employees.

District shall be permitted to monitor the activities to determine compliance with the terms of this Contract.

Contractor and Subcontractors are required by law to be licensed and regulated by the Contractors State

License Board.

B. Strict compliance with all DIR registration requirements in accordance with Labor Code sections 1725.5 and 1771.1 is a material obligation of the Contractor and all of its Subcontractors (of any tier) under the

Contract Documents. The foregoing includes, without limitation, compliance with DIR registration requirements at all times during performance of the Work by the Contractor and all of its Subcontractors of any tier. The failure of the Contractor and all Subcontractors of any tier to be properly registered with DIR at all times during performance of the Work is a material breach of the Contract and subject to termination for cause.

C. An affirmative and ongoing obligation of the Contractor under the Contract Documents is the verification that all Subcontractors of any tier are at all times during performance of the Work are in full and strict compliance with the DIR registration requirements. The Contractor shall not permit or allow any

Subcontractor of any tier to perform any Work without the Contractor’s verification that all…