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CHULA VISTA ELEMENTARY SCHOOL DISTRICT

PURCHASING DEPARTMENT

84 EAST J STREET, CHULA VISTA, CA 91910

REQUEST FOR BIDS

For

ROOFING REPLACEMENT AT VARIOUS LOCATIONS

BID NO. 26/27-7

District Contact:

Laura McLin, Purchasing Director

Laura.Mclin@cvesd.org 84 East J Street

Purchasing Office, 800 Bldg.

Chula Vista, CA 91910

Bid Issued: October 9, 2026 Deadline for Submissions: November 18, 2026, by 2:00 p.m. Pacific Time mailto:Laura.Mclin@cvesd.org

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Roofing Replacement at Various Locations

BID NO. 26/27-7

TABLE OF CONTENTS

BIDDING REQUIREMENTS

Notice Inviting Bids Instructions For Bidders Request for Clarification of Bid Documents

REQUIRED BID FORMS

Bid Label Bid Proposal Certification Regarding Bid Security Bid Bond Non-Collusion Declaration Certification Regarding Site Visit Certification Regarding Master Schedule Subcontractor Listing Certification Regarding Contractor Registration Certification Regarding Contract Documents Certification Regarding DVBE Compliance Efforts Certification Regarding Bidder References Certification Regarding Iran Contracting Act Notice and Certification Regarding Russia-Related Sanctions Notice and Certification the In-Use Off-Road Diesel-Fueled Fleets Regulation

REQUIRED CONTRACT FORMS

Agreement for Construction Services Payment Bond Performance Bond Certification Regarding Asbestos Notice and Certification Regarding Lead-Free Materials Certification Regarding Drug-Free Workplace Certification Regarding Tobacco-Free Workplace Certification Regarding Workers Compensation

PROVISIONS OF THE CONTRACT

Special Provisions General Provisions Table of Contents General Provisions

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REQUIRED PROJECT FORMS

Request for Information Certification Regarding Employee Background Checks Request to Substitute Specified Item Architect Field Directive Daily Time and Materials Report Certification Regarding Readiness for Inspection (Upon Substantial Completion) Certification Regarding Contractor Warranty Request for Progress Payment Conditional Waiver and Release (Progress Payment) Unconditional Waiver and Release (Progress Payment) Conditional Waiver and Release (Final Payment) Unconditional Waiver and Release (Final Payment) Certification Regarding DVBE Participation

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Notice Inviting Bids (Single Prime)

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NOTICE INVITING BIDS

NOTICE IS HEREBY GIVEN that the Chula Vista Elementary School District (“District”) is seeking sealed bids from qualified and experienced general contractors for the following public construction project (“Project”): Roofing Replacement at Various Locations; 26/27-7.

BID DOCUMENTS: Prospective bidders may obtain the documents necessary to submit a bid for the Project (“Bid Documents”) from PlanetBids (“Plan Room”). Instructions for obtaining the Bid Documents from the Plan Room are available on its website, PlanetBids Vendor Portal, and on the District’s website, Bids and RFQ - Chula Vista Elementary School District. No bidder shall be entitled to rely on the accuracy or completeness of Bid Documents obtained from any source other than the Plan Room. The costs of obtaining the Bid Documents, if any, may vary depending on format requested, but in no event will the District refund or reimburse any such costs to any bidder.

BID DOCUMENTS: The documents necessary to submit a bid for the Project (“Bid Documents”) are available for download, at no cost, from the following link: PlanetBids Vendor Portal.

BIDDING LOCATION: Bidders shall submit bids electronically through the Chula Vista Elementary School District’s PlanetBids electronic bidding portal (“Bidding Location”).

Bids, including all required bid forms, documents, and bid security, shall be submitted electronically through PlanetBids in accordance with the requirements set forth in the Instructions for Bidders. No paper, hard-copy, email, facsimile, mail, or hand-delivered bids will be accepted.

Bidders are solely responsible for ensuring that their bids are fully uploaded and successfully submitted through PlanetBids prior to the Bid Deadline. Bidders are encouraged to allow sufficient time to complete the electronic submission process. The District shall not be responsible for a bidder’s failure to successfully submit a bid through PlanetBids prior to the Bid Deadline. 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 process.

BID DEADLINE: Bids must be electronically submitted and received through the District’s PlanetBids electronic bidding portal not later than 2:00 p.m. Pacific Time on November 18, 2026 (“Bid Deadline”).

Bids submitted or received after the Bid Deadline will not be accepted.

REQUIRED BID SECURITY: Each bid must be submitted with bid security as described in the Instructions for Bidders.

CONTRACTOR LICENSE: In order to bid on the Work, a contractor must have a CSLB-issued contractor license with the following classification(s): C-39 Roofing Contractor

PRE-BID CONFERENCE: The District will conduct a mandatory pre-bid conference and site visit at 10:00 A.M. on November 3, 2026. The conference initially will commence at Valley Vista Elementary School, 3724 Valley Vista Way, Bonita, CA 91902 followed by:

- Vista Square Elementary School, 540 G Street, Chula Vista CA, 91910

- Loma Verde Elementary School, 1450 Loma Lane, Chula Vista CA, 91911

- Juarez-Lincoln Elementary School, 849 Twining Avenue., San Diego, CA 92154

Attendance at the pre-bid conference and site visit is required, and any bidder that does not attend the entirety of the conference and site visit shall be deemed non-responsive.

https://vendors.planetbids.com/portal/82400/portal-home https://www.cvesd.org/departments/business-services/purchasing-warehouse-publications/bids-rfq https://vendors.planetbids.com/portal/82400/portal-home

Notice Inviting Bids (Single Prime)

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AWARD OF CONTRACT: The award of the Contract will be based on the following method of determining the lowest bid: balanced bids.

SURETY BONDS: As described in the General Provisions, the successful bidder must provide a Performance Bond and a separate Payment Bond, each in an amount equal to 100% of the total Contract Price.

LABOR LAW: The Project is a “public work” that is subject, among other provisions, to Labor Code Sections 1720 through 1861, inclusive. As described in the Instructions for Bidders, each contractor and subcontractor must be registered with the DIR in accordance with Labor Code Section 1725.5, and bidders must provide evidence of registration for themselves and their subcontractors. Each worker on the Project must be paid not less than the applicable Prevailing Wages. A copy of the applicable rates of Prevailing Wages will be on file and available for review at the Bidding Location, and a copy will be posted at the Project Site. The Project is subject to compliance monitoring and enforcement by the DIR.

The successful bidder will be required to post all job-site notices required by DIR regulations and other applicable law. If so specified in the Special Provisions, the District will conduct a mandatory conference for the purpose of describing labor-law requirements.

RETENTION: Substitution of securities in lieu of retention, pursuant to Public Contract Code Section 22300, will be permitted as provided in the General Provisions. As described in the Special Provisions, the District will withhold Retention of five percent of each payment because the Project is substantially complex.

PUBLICATION: The Daily Journal on October 9 and October 16, 2026.

Instructions for Bidders (Single Prime)

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INSTRUCTIONS FOR BIDDERS

PLEASE NOTE: READ THESE INSTRUCTIONS FOR BIDDERS AND OTHER BID DOCUMENTS CAREFULLY.

DO NOT ASSUME THEY ARE THE SAME AS OTHER DOCUMENTS YOU PREVIOUSLY MAY HAVE

OBTAINED FROM THE DISTRICT, EVEN IF THOSE OTHER DOCUMENTS APPEAR SIMILAR.

Section 1. Project Delivery Method and Coordination. The Project is being completed on the basis of a single general contract for all or the majority of the Project. If the District either contracts for work in connection with the Project in addition to the Work or performs such work using its own forces (in each case, “Work by Others”), the scheduling, performance and priority of the Work is subject to coordination with the Work by Others. In submitting a bid for the Work, a bidder shall be deemed and construed to have acknowledged that: (i) each milestone and period of time for completion of the various portions of the Work, as specified in the Master Construction Schedule, is sufficient and reasonable considering the scope of the Work and the Project, and considering the need to coordinate the Work with the Work by Others; and (ii) if the Contract is awarded to the bidder, the bidder shall have no Claim for delay arising from the need to coordinate the Work with any Work by Others.

Section 2. Architect. The Architect for the Project is identified in the Special Provisions. The Architect’s role is described in the General Provisions and is subject to the provisions of the agreement between the District and the Architect. The Architect will be the District’s representative during construction and close-out of the Work in accordance with Title 24 of the California Code of Regulations (“CCR”) and provisions of the agreement between the District and the Architect. Communications from the District to bidders prior to award of the Contract may be directed through the Architect.

Section 3. Project Manager. Notwithstanding that the Project is being completed on a general contract basis, the District may contract for the services of a project management or other consultant (“Project Manager”) in connection with the Project. If known, the Project Manager is identified in the Special Provisions. The Project Manager’s role is described in the General Provisions and is subject to provisions of the agreement between the District and the Project Manager. The Project Manager will be the District’s representative during the bidding, construction and close-out of the Work and will assist the District in the administration of the Contract. Communications from the District to bidders prior to award of the Contract may be directed through the Project Manager. If the District does not contract for the services of a Project Manager in connection with the Project, or if the District terminates and does not replace the Project Manager, then the District may delegate some or all of the Project Manager’s responsibilities pursuant to the Contract Documents to the Architect, District staff and/or others.

Section 4. Prequalification of Prospective Bidders. If the Notice Inviting Bids provides that prequalification of prospective bidders is required, then, pursuant to Public Contract Code Section 20111.6, each contractor having a class A or B license, or a license in any of the classes of mechanical, electrical and plumbing (“MEP”) license categories as are described below, must be prequalified in order to bid on the Project. In addition, subcontractors having a license in any of those MEP license categories must be prequalified in order to be listed in any bid for the Project. In accordance with Section 20111.6:

(i) the District will consider a bid from a contractor subject to the prequalification requirements only if the contractor has been prequalified by the District; and (ii) the District will consider a bid that lists any MEP subcontractor subject to the prequalification requirements only if all such MEP subcontractors listed in the bid have been prequalified by the District.

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The prequalification requirement applies to each MEP contractor with any of the following licenses: C-4 (boiler, hot water, and steam fitting); C-7 (low-voltage systems); C-10 (electrical); C-16 (fire protection);

C-20 (HVAC); C-34 (pipeline); C-36 (plumbing); C-38 (refrigeration); C-42 (sanitation systems); C-43 (sheet metal); or C-46 (solar). Each contractor that desires to bid on the Project should ensure that its potential MEP subcontractors have been prequalified by the District. The terms and conditions for prequalification are set forth in the prequalification questionnaire and instructions available for download from the District’s website. The time specified on a clock or other device designated by the District as the official clock for purposes of determining whether Prequalification Submittals have been timely received by the District shall govern, regardless of whether the time shown on such official clock is precisely accurate.

THE DISTRICT WILL REJECT ANY PREQUALIFICATION SUBMITTAL THAT DOES NOT FULLY COMPLY WITH THE REQUIREMENTS OF THE PREQUALIFICATION QUESTIONNAIRE AND INSTRUCTIONS, OR THAT IS NOT TIMELY RECEIVED BY THE DISTRICT. IF PREQUALIFICATION REQUIREMENTS ARE APPLICABLE, THE DISTRICT WILL, TO THE EXTENT REQUIRED OR PERMITTED BY LAW, REJECT EACH BID FOR WHICH

THERE IS NOT FULL COMPLIANCE WITH THE PREQUALIFICATION REQUIREMENTS.

Section 5. Review of Contract Documents.

Subsection 5.1 Each bidder, prior to submitting a bid for the Work and at its own expense, must thoroughly review and become familiar with all of the Drawings, Specifications, Addenda, and other Bid Documents. A bidder is required to review the Drawings and Specifications only in its capacity as a contractor, not as a licensed design professional. In addition, each bidder must thoroughly review and develop an understanding of each and all of the Bid Documents. The failure of a bidder to understand the any of the requirements of the Bid Documents shall not be deemed or construed to relieve the bidder, if its bid is accepted, from any obligations specified in the Contract Documents.

Subsection 5.2. For avoidance of doubt, each capitalized term used, but not defined, in any one of the Bid Documents shall have the defined meaning specified in another of the Bid Documents. The locations in the Bid Documents of some, but not necessarily all, defined terms are set forth in Part 1 of the General Provisions. For purposes of emphasis and to ensure awareness, language in the Contract Documents may be highlighted, using all-capital letters, red font, or other highlighting methods. Such highlighting of language in the Contract Documents shall not be deemed or construed to alter, limit or minimize, or obviate any language that is not so highlighted, and the Successful Bidder shall comply with all requirements of the Contract Documents.

Subsection 5.3 Each bidder shall, promptly and prior to submitting a bid for the Work, and using the “Request for Clarification of Bid Documents” form set forth in the Required Bidding Documents, report to the District: (i) any errors or omissions in the Drawings and Specifications revealed through the bidder’s review; and (ii) any questions or doubts the bidder may have regarding the true meaning of anything in the Bid Documents. If the District responds, it may respond directly on the submitted Request for Clarification of Bid Documents form, or may issue an addendum to the Bid Documents.

Section 6. Pre-Bid Conference and Site Visit. Prospective bidders in attendance at the Pre-Bid Conference and Site Visit (regardless of whether it is mandatory or optional) must be dressed appropriately and with safety in mind, including, at a minimum, by wearing: (i) closed-toe, closed-heel, and regular-heel shoes, such as athletic shoes (aka, sneakers) or work boots; (ii) long pants; and (iii) a

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52650601.3/005508.00124 shirt with sleeves. Open-toed shoes, open-heeled shoes, high-heeled shoes, short pants, dresses, and sleeveless shirts will not be permitted on the Project Site.

Regardless of whether the pre-bid conference initially commences at the District’s main offices or at the Project Site, prospective bidders must not enter the Project Site unless and until a District representative is present and directs them to do so. Prospective bidders are responsible for their own transportation.

During the Pre-Bid Conference and Site Visit (regardless of whether it is mandatory or optional), each bidder must inspect the Project Site and become fully acquainted with the conditions in and under which the Work will be performed, so that the bidder fully understands the facilities, difficulties, restrictions and requirements attendant to the performance of the Work on and at the Project Site. The failure of a bidder to understand the conditions in and under which the Work is to be performed, or to examine and understand any other aspect of the Project Site that reasonably is susceptible to examination, shall not be deemed or construed to relieve the bidder from any obligations pursuant to its bid or the Contract Documents.

If attendance at the Pre-Bid Conference and Site Visit is mandatory, then: (i) any representative of a prospective bidder who attends the Pre-Bid Conference and Site Visit must be sufficiently experienced and qualified for purposes of the “Certification Regarding Site Visit” form included in the Required Bid Forms; and (ii) each bidder must complete and execute, and must submit with its bid, a copy of the Certification Regarding Site Visit.

EXCEPT FOR THE SCHEDULED PRE-BID CONFERENCE AND SITE VISIT CONDUCTED BY THE DISTRICT, PROSPECTIVE BIDDERS WILL NOT BE ALLOWED TO VISIT THE PROJECT SITE PRIOR TO THE BID DEADLINE. IN NO EVENT WILL THE DISTRICT CONDUCT OR PERMIT ANY SEPARATE OR ADDITIONAL CONFERENCE OR SITE VISIT FOR PROSPECTIVE BIDDERS THAT FAIL TO ATTEND THE SCHEDULED PRE-

BID CONFERENCE AND SITE VISIT.

Section 7. Requests for Interpretation of Contract Documents. If a bidder is in doubt as to the true meaning of any term, provision, or other part of the Contract Documents, or believes that there is any conflict, omission or other discrepancy in any Drawings, Specifications or other Contract Documents, the bidder must submit a written request to the Architect for an interpretation or correction of the applicable Contract Documents. The bidder submitting the request must provide copies of the request to the District and the Project Manager, and must ensure that the request is delivered to the Architect sufficiently in advance of the scheduled bid opening to permit the Architect a reasonable amount of time to respond considering the nature and scope of the overall Project. Prior to the opening of bids, the Architect will issue interpretations or corrections of the Contract Documents only by addendum or addenda to the Contract Documents. A copy of each addendum will be mailed or delivered to each contractor that has obtained a copy of the Bid Documents by paying a deposit. No person or entity shall be authorized to provide any oral interpretation of any provision of the Contract Documents, and no oral interpretation shall be binding on the District. If the Architect does not issue an addendum to interpret or correct any conflict, omission or other discrepancy in the Drawings, Specifications or other Contract Documents, the bidder must include in its bid the material, item, process, method, et cetera, that results in the higher bid amount.

THE SUBMISSION OF A BID SHALL BE DEEMED AND CONSTRUED AS A REPRESENTATION AND

WARRANTY BY THE BIDDER THAT IT HAS COMPLIED WITH THE REQUIREMENTS OF SECTION 6 AND SECTION 7 OF THESE INSTRUCTIONS FOR BIDDERS, AND AT NO TIME AFTER SUBMITTING A BID MAY

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THE BIDDER ASSERT, CLAIM OR ALLEGE THAT IT HAD ANY DOUBT OR MISUNDERSTANDING AS TO THE

NATURE OR SCOPE OF THE WORK.

Section 8. Ethics in Bidding. The District expects each bidder to maintain high ethical standards with respect to bidding on the Work. Prior to the award of the Contract, no bidder shall disclose the amount of any prospective Subcontractor’s bid or proposal, or any element thereof, to any other prospective Subcontractor. Bidders must not engage in or permit either of the unethical and unfair practices commonly known as bid shopping (e.g., the bidder uses a subcontractor’s proposal in an attempt to obtain a lower-cost proposal from another subcontractor) and bid peddling (e.g., a subcontractor attempts to obtain a job by offering to work for less than the amount specified in another subcontractor’s proposal). If the District determines prior to opening of bids that any bidder has violated any of the foregoing requirements or any other prohibitions set forth in the Subletting and Subcontracting Fair Practices Act (Public Contract Code Section 4100 et seq.), the District may reject the bidder’s bid as non-responsive and report the bidder’s actions to the Contractors State License Board.

Section 9. Contractor Licensing. Each bidder, at the time it submits its bid for the Work, must have a contractor license in the class(es) specified in the Notice Inviting Bids, issued by and in good standing with the California Contractor State License Board (“CSLB”). A bidder’s failure to be so properly licensed shall result in the bidder being deemed non-responsive, and the District will reject that bidder’s bid. Each bidder must clearly specify its California contractor’s license number where indicated in the Bid Proposal. The bidder to which the District awards the Contract must maintain the required license at all times prior to full and final completion of the Work.

Section 10. Listing of Subcontractors. In accordance with the Subletting and Subcontracting Fair Practices Act, each bidder must submit with its bid a list setting forth the name, location of the place of business, California contractor license number, and public works contractor registration number (i.e., DIR registration number) of each Subcontractor that will perform any portion of the Work, or that, under subcontract to the bidder, will specially fabricate and install a portion of the Work, in an amount in excess of one-half of one percent of the total amount of the bidder’s bid. A bidder may not list more than one Subcontractor for any particular portion of the Work. A bidder that fails to list a Subcontractor for any portion of the Work thereby represents that it is fully qualified to, and agrees that it shall, perform such Work using its own forces. If the Bid Documents require the bidder to submit alternate bids and the bidder intends to use different or additional Subcontractors for the alternates, the bidder must submit a separate list of Subcontractors for each such alternate. A bidder must list its Subcontractors using one or more copies of the “Subcontractor Listing” form included in the Required Bidding Forms. In addition to providing the Subcontractor list(s), upon request of the District at any time after bids are opened, a bidder must provide the address, telephone number, and name of contact person for each listed Subcontractor.

Section 11. DVBE Requirements. Bidders must comply with the requirements of this Section only if made applicable by the Special Provisions. The District has adopted a goal for DVBE participation in the Project of three percent of the overall amount expended for certain new-construction and modernization projects each year. Each bidder must comply with DVBE requirements by making and documenting its reasonable efforts to obtain DVBE services in connection with the Work. In order to be considered reasonable efforts, a bidder’s efforts must include advertising in appropriate publications and contacting any responding DVBE. Alternatively, if so provided in the Special Provisions, the Project Manager will advertise for DVBE for the Work, and bidders must contact the Project Manager to obtain information regarding any responding DVBE. The bidder also must contact any DVBE that it knows could perform a portion of the Work. Each bidder must complete, execute and submit with its bid the

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“Certification Regarding DVBE Compliance Efforts” form included in the Required Bidding Forms. The District will reject as non-responsive any bid that does not fully comply with applicable DVBE requirements. As a condition to final payment pursuant to the Contract, the successful contractor must complete, execute and submit to the District the “Certification Regarding DVBE Participation” form included in the Required Project Forms.

Section 12. Use of Bid Proposal Form is Mandatory. Each bid must be submitted on the “Bid Proposal” form included in the Required Bidding Forms. Unless expressly permitted by the Bid Documents, a bidder shall not: (i) make any changes, additions or other modifications to the pre-printed text of the Bid Proposal or other documents to be submitted with the Bid Proposal; (ii) restate or recharacterize the Work in the bid; or (iii) submit any alternative proposals not authorized by the Bid Documents. The District may reject as non-responsive any bid that does not strictly comply with the foregoing.

Section 13. Preparing the Bid. Bidders must fully and properly complete all information required to be included on the Bid Proposal form. Amounts must be stated in both words and numbers where indicated. Prices, wording and notations must be in ink or typewritten. The signatures and/or initials of each person signing the bid and other documents to be submitted with the bid must be in permanent ink, preferably blue in color. A bid may contain an erasure, interlineation, or other correction only if the correction is made to the information entered by the bidder (not to any pre-printed text in the Bid Proposal or other documents to be submitted with the bid), does not result in any inconsistency or ambiguity, and is authenticated by affixing, in the margin immediately adjacent to the correction, the initials of the person or persons signing the bid. In the event of inconsistency between words and numbers, words shall govern over numbers, and the District may consider such inconsistency to be a minor irregularity.

Section 14. Bid Security. Each bid must be submitted with security in an amount equal to ten percent of the maximum bid, in one of the following forms: (i) a cashier’s or certified check payable to the District; or (ii) a bid bond. The security must be submitted with a completed and executed copy of the “Certification Regarding Bid Security” form included in the Required Bidding Forms. A bid bond must be an executed copy of the “Bid Bond” form included in the Required Bidding Forms and must be issued by a California-admitted surety as defined in Code of Civil Procedure Section 995.120. Unless forfeited, the District will return security to the bidders within a reasonable time, but not more than sixty days after award of the Contract for the Work.

Section 15. Required Bidding Forms. Each bidder must complete, execute and submit with its bid each of the forms included in the Required Bidding Forms; provided that: (i) bidders shall submit the “Certification Regarding Bidder References” form only if required by the District in accordance with Section 27 of these Instructions for Bidders; and (ii) bidders shall submit the “Certification Regarding DVBE Compliance Efforts” form only if DVBE requirements are made applicable by the Special Provisions. If a bidder fails to properly complete, execute and submit any of the Required Bidding Forms, the District may determine that the bidder’s bid is non-responsive.

Section 16. Signing the Bid and Other Required Documents. The Bid Proposal, Bid Bond (if applicable), other Required Bidding Forms, and all other documents to be submitted with the bid that require an original signature of the bidder must be signed using permanent, blue ink, and must be signed by a person duly authorized to sign documents and thereby contractually bind the bidder in connection with the Work (each an “Authorized Contractor Officer”). The District may reject, as non-responsive, any Bid Proposal or other document that is to be signed by the bidder, if the bidder signs

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52650601.3/005508.00124 using a stamped or mechanically printed signature, or if the bidder signs using DocuSign, Adobe Sign, or similar technology.

Section 17. Electronic Submission of Bid. The completed Bid Proposal, Required Bidding Forms, bid security, and all additional documents and materials required to be submitted with the bid shall be uploaded and electronically submitted through the District’s designated PlanetBids electronic bidding portal in accordance with the requirements set forth in these Instructions for Bidders and the PlanetBids submission requirements.

Bidders shall be solely responsible for ensuring that all required documents are properly completed, uploaded, and successfully submitted through PlanetBids prior to the Bid Deadline. The electronic submission of a bid through PlanetBids shall constitute the bidder’s submission of its bid to the District.

No paper, hard-copy, email, facsimile, mail, or hand-delivered bids will be accepted.

Bidders should allow sufficient time to complete the electronic submission process, including the uploading of all required documents and completion of any electronic acknowledgments or certifications required by PlanetBids. A bid that is not successfully submitted through PlanetBids by the Bid Deadline may be deemed late and shall not be accepted.

The District shall not be responsible for a bidder’s failure to successfully upload or submit its bid, including any failure resulting from the bidder’s internet connection, equipment, software, or failure to complete the PlanetBids submission process. The District may reject any bid that is incomplete, fails to include any required bidding document or information, is not properly submitted through PlanetBids, or otherwise fails to comply with the requirements of the Bid Documents.

Section 18. Electronic Receipt of Bids. The official date and time for receipt of bids shall be the date and time recorded by the District’s PlanetBids electronic bidding portal. Bidders are responsible for ensuring that their bids are successfully received by PlanetBids prior to the Bid Deadline. The time displayed or recorded by the PlanetBids system shall govern in determining whether a bid was timely submitted.

Section 19. Submitting the Bid. For purposes of the Notice Inviting Bids and these Instructions for Bidders, any reference to the “Bid Deadline” shall mean the date and time specified as the Bid Deadline in the Notice Inviting Bids and any authorized extension(s) thereto. The District must receive any bids prior to the Bid Deadline and at the Bidding Location set forth in the Notice Inviting Bids. The clock located at the Bidding Location and designated as the official bid clock shall be used in determining whether bids have been timely received by the District, regardless of whether the time shown on the official bid clock is precisely accurate. Each bidder is solely responsible for ensuring that its bid is timely received by the District. A bidder must submit its bid to the District via personal or other delivery. The District will not accept any oral bid or bid sent via facsimile or electronic transmission. At no time will District telephones or facsimile machines be available for use by bidders. Any bid received by the District after the Bid Deadline will be returned to the bidder unopened.

Section 20. Interests in More Than One Bid. Except to the extent the Bid Documents expressly call for alternate bids: (i) no person or entity shall submit or have any interest in more than one bid for some or all of the same portion of the Work; (ii) the District will not accept more than one bid from any person or entity, whether under the same or different names, for some or all of the same Work; and (iii) if the District has a reasonable belief that any person or entity has an interest in more than one bid or has submitted more than one bid for some or all of the same portion of the Work, the District may reject all bids in which the bidder has an interest. A person or entity that has submitted to a bidder any sub-bid or proposal to furnish labor, materials or services in connection with the Work is not thereby prohibited from submitting a sub-bid or proposal to any other bidder(s) on the Work, but

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52650601.3/005508.00124 that person or entity shall be prohibited from submitting a prime bid for the Work. Any person or entity that has participated in the preparation of any Specifications for the Work (other than submitting manufacturer specifications) shall be prohibited from bidding on the Work, and the District shall deem any such bid to be non-responsive.

Section 21. Modifying a Bid. Not later than the Bid Deadline, a bidder may modify its original bid by submitting the written modification to the District. The bid modification must be submitted in a sealed and labeled envelope as provided in Section 17 of these Instructions for Bidders, but must also include the words “Bid Modification” on the label. The District shall reject any bid modification that is not received by the District prior to the Bid Deadline. The late receipt and rejection of a bidder’s bid modification shall not be deemed or construed to constitute a withdrawal of the original bid by the bidder, and the District still may accept the original bid if responsive and the bidder is a responsible contractor. The District may reject any modified bid if the modification creates an ambiguity or inconsistency, including, without limitation, if the modification makes the bid unintelligible. A bidder must submit any bid modification to the District via personal or other delivery. The District will not accept any oral bid modification or any bid modification sent via facsimile or electronic transmission.

Any bid modification received by the District after the Bid Deadline will be returned to the bidder unopened.

Section 22. Superseding a Bid. Not later than the Bid Deadline, a bidder may supersede its original bid by withdrawing its original bid in accordance with Section 22 of these Instructions for Bidders and concurrently submitting a new bid for the Work to the District. The superseding bid must be submitted in a sealed and labeled envelope as provided in Section 17 of these Instructions for Bidders, but must also include the words “Superseding Bid” on the label. The District shall reject any withdrawal and superseding bid that is not received by the District prior to the Bid Deadline. The late receipt and rejection of a bidder’s withdrawal and superseding bid shall not be deemed or construed to constitute a withdrawal of the original bid by the bidder, and the District still may accept the original bid if responsive and the bidder is a responsible contractor. A bidder must withdraw its original bid and submit its superseding bid to the District via personal or other delivery. The District will not accept any oral withdrawal and superseding bid, or any withdrawal and superseding bid sent via facsimile or electronic transmission. Any withdrawal and superseding bid received by the District after the Bid Deadline will be returned to the bidder unopened.

Section 23. Withdrawing a Bid. A bidder may withdraw its bid at any time prior to the Bid Deadline by submitting a written request to the District via personal or other delivery. The District will not accept any oral withdrawal request or any withdrawal request sent via facsimile or electronic transmission. A withdrawal request must be signed by an Authorized Contractor Officer as described in Section 16 of these Instructions for Bidders. A withdrawal request received by the District after the Bid Deadline shall in no event be deemed or construed to constitute a withdrawal of the bid, and the District still may accept the bid if it is responsive and the bidder is a responsible contractor. After receipt of a timely withdrawal request, the District shall return the bidder’s bid security upon request. Except as provided in Public Contract Code Section 5100 et seq., if a bidder has not withdrawn its bid prior to the Bid Deadline, the bidder thereafter may not withdraw its bid for a period of sixty days after the Bid Deadline.

Section 24. Requesting Substitution of Specified Item. Except for any Sole-Source Items described in the Special Provisions and/or in any of the Specifications, the specification for any and each Specified Item shall be interpreted as if followed by the words “or equal,” and a bidder may offer in place of such Specified Item any material, product, service, or other thing that the bidder can

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52650601.3/005508.00124 demonstrate is, in every respect, materially equal to or better than the Specified Item and that will completely accomplish the intended aesthetics, purposes and/or functions of the Specified Item. Each substitution request shall be subject to and must conform with the requirements of Sections 14.4 through 14.10, inclusive, of the General Provisions, including, without limitation, requirements for submitting documentation in support of the request. Requests for substitution must be submitted to the District using a completed and executed copy of the “Request To Substitute Specified Item” form included in the Required Project Forms.

The bidder shall be responsible for establishing that a proposed substitution satisfies all requirements of the Contract Documents, including, without limitation, that the proposed substitute item is, in every respect, materially equal to or better than the Specified Item. The District may at any time request any additional information regarding the proposed substitute item. The District, in consultation with the Architect and the Project Manager as applicable, will decide whether to approve a substitution based on the information provided by the bidder. The District has the sole discretion to determine whether a proposed substitute item is equal to or better than a Specified Item. Any request for substitution that is granted by the District shall be documented and processed by means of a Change Order after execution of the Contract. 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 substitute item. The bidder shall be responsible for and shall bear any and all risks, expenses and costs of delay arising from review or approval of a substitution by the District, Architect, and/or DSA or other governmental agency.

A SUBSTITUTION REQUEST MUST BE SUBMITTED TO THE DISTRICT NOT LATER THAN SEVEN DAYS PRIOR TO THE BID DEADLINE. The District will not consider any substitution request received thereafter, except to the extent provided in Section 14.5 of the General Provisions. Concurrently with submitting a substitution request, the bidder must provide all information required pursuant to Section

14.6 of the General Provisions to substantiate the request. The District shall not be required to make a determination in regard to any substitution request and/or substantiating information prior to award of the Contract. If the District gives a Notice of Award for the Contract to a bidder, but subsequently disapproves a substitution proposed by that bidder, the bidder must provide the Specified Item in accordance with the Contract Documents and at no additional cost to the District.

Section 25. District Waiver of Bid Irregularities. The District, in accordance with applicable law, may waive any minor irregularity or informality in any bid or in the bidding process.

Section 26. District Rejection of Irregular Bids. The District will reject as non-responsive any bids containing irregularities that are not minor irregularities, including, by way of example and not as a limitation, any bid that is materially incomplete and any bid that includes any additions or conditional or alternate bids not permitted pursuant to the Bid Documents. In addition, the District may reject as non-responsive any bid in which component bid amounts are obviously unbalanced or inconsistent. The District may, but is not required to, seek information from any bidder that may resolve an ambiguity in the bidder’s bid.

Section 27. District Rejection of Non-Responsive Bids. If a bid fails to conform to requirements set forth in the Notice Inviting Bids, these Instructions for Bidders, or any of the other Bid Documents (including, without limitation, if the District reasonably determines that the bid is unintelligible, internally inconsistent, or otherwise ambiguous), the District may reject the bid as non-responsive. The District may, but is not required to, seek information from any bidder that may resolve an ambiguity in the bidder’s bid.

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52650601.3/005508.00124

Section 28. Bidder Evidence of Responsibility. In determining whether a bidder is a responsible bidder, the District may consider, among other possible factors, the financial standing and general competency of the bidder with respect to the Work being bid. Within two business days of the District’s request, a bidder must submit to the District a completed and executed copy of the “Certification Regarding Bidder References” form included in the Required Bidding Forms. The purpose of the Certification Regarding Bidder References is to assist the District in evaluating the bidder’s construction experience, current and anticipated workload, organizational resources available for performance of the Contract, any terminations from projects prior to completion, references for public works and public school projects, financial resources, surety and insurance claims experience, stop notice and other legal proceedings, and other factors pertinent to determining the responsibility of the bidder. The District in its sole discretion may require submittal of the Certification Regarding Bidder References regardless of whether the bidder was prequalified as described in Section 4 of these Instructions for Bidders.

Section 29. Bid Protests. Any bidder that has duly submitted a prime bid for the Work may protest the process used to seek bids for the Work, another bid for the Work and/or the intended award of the Contract for the Work only by filing a written protest with the District in accordance with the procedures set forth in this Section (each a “Bid Protest”). The District will not accept or consider any oral Bid Protest (e.g., by telephone) or any Bid Protest sent via electronic transmission (e.g., email). In order for a Bid Protest to be valid and be considered by the District, the Bid Protest must:

(i) Be received by the District not later than 4:00 p.m. on the fifth business day following the date the District opened bids for the Project;

(ii) Clearly identify the bidder that is filing the Bid Protest, together with the name, address and telephone number of the person representing the bidder for purposes of the Bid Protest;

(iii) Clearly identify the specific bid, bidding process, or other matter that is the subject of the Bid

Protest;

(iv) Clearly identify the specific provisions of all documents relevant to the Bid Protest;

(v) Clearly identify and describe in detail the specific basis (or bases) for the Bid Protest and all facts relevant thereto;

(vi) Clearly identify and describe in detail all arguments in support of the Bid Protest, including, without limitation, citations to applicable statutory requirements; and

(vii) Be submitted with all documentation the bidder desires to submit that is relevant to and supports the basis or bases underlying the Bid Protest.

If a Bid Protest does not comply with each and all of the foregoing requirements (provided that a bidder will be deemed to have submitted all documentation that it desires in accordance with clause (vii) of the foregoing), the District will reject the Bid Protest as invalid. Upon receipt of a valid Bid Protest, the District and/or its legal counsel will review the Bid Protest and all relevant information and documents and will provide a written response to the protesting bidder setting forth a recommendation for District Board action in response to the Bid Protest. A bidder may at any time withdraw its Bid Protest. In response to a Bid Protest that a bidder has not withdrawn, the District Board may decline to award the Contract, may award the Contract to a bidder other than as previously intended, or may award the Contract to a bidder as previously intended despite the Bid Protest. Such action by the District Board shall be a condition precedent to the filing of any claim or demand and to the initiation of any action (legal or equitable) or other proceeding arising from the matter(s) protested.

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COMPLIANCE WITH THE FOREGOING BID PROTEST REQUIREMENTS IS MANDATORY. EACH BIDDER

THAT DESIRES TO PROTEST MUST FILE ITS OWN BID PROTEST IN ACCORDANCE WITH THE FOREGOING REQUIREMENTS, AND NO BIDDER MAY RELY ON A BID PROTEST BY ANOTHER BIDDER AS A MEANS OF SATISFYING SUCH REQUIREMENTS. COMPLIANCE WITH THE FOREGOING REQUIREMENTS IS THE SOLE AND EXCLUSIVE MEANS OF PROTESTING A BID, THE BIDDING PROCESS AND/OR THE AWARD OF THE CONTRACT, AND FAILURE TO SO COMPLY SHALL BE DEEMED AND CONSTRUED AS A WAIVER OF ANY AND ALL RIGHTS THE BIDDER MAY HAVE TO PURSUE A CLAIM, DEMAND OR ACTION ARISING FROM

ANY SUCH MATTER.

Section 30. District Award of Contract. Prior to award of the Contract, the District may provide to a bidder notice that it is the apparent low bidder and that the District may award the Contract to such bidder. In its discretion, the District Board may award the Contract to such bidder, may award the Contract to another bidder in the event of a bid protest or other issue, or may reject all bids and either rebid or not rebid the Work. If the District Board awards the Contract, the award will be to the responsible bidder with the lowest responsive bid from among all responsible and responsive bidders (“Successful Bidder”). If two or more responsive and responsible bidders have submitted the same low bid, the District shall determine the Successful Bidder by means of a coin toss or some other random method. The District will issue notice of the award of the Contract to the Successful Bidder (“Notice of Award”). The District may provide the Notice of Award to the Successful Bidder by sending it via email and, notwithstanding anything to the contrary, delivery to the email address set forth in the Successful Bidder’s Bid Proposal shall be deemed to constitute receipt of the Notice of Award by the Successful Bidder.

Section 31. Successful Bidder Execution of Contract. THE SUCCESSFUL BIDDER SHALL, PRIOR

TO EXPIRATION OF THE CONTRACT RETURN PERIOD, SIGN THE AGREEMENT FOR CONSTRUCTION

SERVICES AND DELIVER IT TO THE DISTRICT ALONG WITH ALL COMPLETED AND SIGNED BONDS, CERTIFICATES OF INSURANCE, AND OTHER DOCUMENTS REQUIRED IN ACCORDANCE WITH THE

CONTRACT DOCUMENTS (COLLECTIVELY, THE “CONTRACT DOCUMENTATION”). For all purposes of the Bid Documents, the “Contract Return Period” means the period commencing upon receipt by the Successful Bidder of the Notice of Award and ending at 2:00 Pacific Time on the seventh business day following receipt by the Successful Bidder, or such longer period as the District, in its sole discretion, may expressly set forth in the Notice of Award. The Contract shall not be deemed or construed to have been fully executed and delivered by the Successful Bidder unless and until the Successful Bidder has signed, as applicable, and provided to the District all of the Contract Documentation, without exception.

If the Successful Bidder fails to sign, as applicable, and provide all Contract Documentation to the District prior to expiration of the Contract Return Period or within such extension thereto as the District, in its sole discretion, may authorize in writing, then: (i) the Successful Bidder shall forfeit the bid security submitted with its bid; and (ii) as authorized by Public Contract Code Section 5106, the District may award the Contract to one of the other responsible and responsive bidders, or may release all bidders.

Section 32. Refund of Deposit for Bid Documents. If the Notice of Inviting Bids provides that Bid Documents may be obtained from the District upon payment of a refundable deposit, a contractor may obtain a refund of its deposit by returning the Bid Documents to the Bidding Location specified in the Notice Inviting Bids not later than five business days after the opening of bids. A contractor will be entitled to refund of its deposit only if the Bid Documents are complete, in a useable condition, and free of any and all pen, pencil or other markings, erasure marks, rips, tears, et cetera. If the Notice Inviting Bids provides that the Bid Documents may be obtained for a non-refundable charge, the District will not refund the amount of the charge to the contractor.

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Section 33. Public Works Project. The Project is a “public work” and “public project” within the meaning of various provisions of the Public Contract Code, Labor Code, Civil Code, and other applicable legal requirements. Therefore, the performance of the Work is subject to such requirements.

The Contract Documents include various provisions relating to public works and public projects as provided by law, and each bidder must thoroughly review and become familiar with the Contract Documents as described above in these Instructions for Bidders.