Bid Notice-Yosemite High School Gym Audio-Visual Upgrade.pdf

Request For Proposal

“RFP”

MERCED UNION HIGH SCHOOL DISTRICT

CUPCCAA BID NO. P2027-860-01

YOSEMITE HIGH SCHOOL GYM AUDIO/VIDEO UPGRADE

Date Issued: August 7, 2026

Mandatory Pre-Bid Conference: August 19, 2026 / 10:00 AM

Proposals Due: September 2, 2026 / 10:00 AM

District Office

3430 A Street - Atwater, CA 95301

Rebecca Archer

Director of Purchasing

MERCED UNION HIGH SCHOOL DISTRICT

TABLE OF CONTENTS

Page Numbers / (#) of Pages

Notice to Contractors………………………………………………………………….... 4-8 - (5)

Information for Bidders……………………………………………………………….… 9-20 - (12)

Bid Form………………………………………………………………………………... 21-28 - (8)

Non-collusion Declaration……………………………………………………………… 29 - (1) (Attachment No. 1 to Bid Form)

Designation of Subcontractors………………………………………………………….. 30-32 - (3) (Attachment No. 2 to Bid Form)

Bid Bond………………………………………………………………………………… 33-35 - (3) (Attachment No. 3 to Bid Form)

Information Required of Bidder………………………………………………………… 36-44 - (9) (Attachment No. 4 to Bid Form)

Bidder’s Acknowledgment of Project Schedule………………………………………… 45 - (1) (Attachment No. 5to Bid Form)

Agreement………………………………………………………………………………. 46-55 - (10)

Performance Bond………………………………………………………………………. 56-59 - (4) (Attachment No. 1 to Agreement)

Payment Bond…………………………………………………………………………… 60-62 - (3) (Attachment No. 2 to Agreement)

Workers' Compensation Certification…………………………………………………… 63-64 - (2) (Attachment No. 3 to Agreement)

Drug-Free Workplace Certification……………………………………………………… 65-66 - (2) (Attachment No. 4 to Agreement)

Conduct Rules for Contractors…………………………………………………………… 67 - (1) (Attachment No. 5 to Agreement)

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Page Numbers / (#) of Pages

Asbestos and Other Hazardous Materials Certification……………………………………68 - (1) (Attachment No. 6 to Agreement)

Lead Based Paint Certification……………………………………………………………. 69-71 - (3) (Attachment No. 7 to Agreement)

Criminal Records Check Certification………………………………………….………….72-73 - (2) (Contractor's Fingerprinting Requirements) (Attachment No. 8 to Agreement)

Shop Drawing Transmittal Form…………………………………………….……………. 74-75 - (2)

Change Order Form…………………………………………………………….…………. 76-77 - (2)

Guarantee……………………………………………………………………….……….… 78-79 - (2)

Specifications………………………………………………………………………………80-81 - (2)

General Conditions………………………………………………………………………… (108)

NOTICE TO CONTRACTORS CALLING FOR BIDS

School District: Merced Union High School District of Merced County, California (hereinafter, “DISTRICT”) is seeking bids for the Yosemite High School Gym Audio/Visual Upgrade Project.

Scope: Yosemite High School Gym Audio/Visual Upgrade Project includes: Contractor shall furnish all labor, materials, equipment, and supervision necessary to install new sound and audio equipment as per scope of services. Bidders shall be licensed California contractors, and shall comply with the State Labor Code.

Bid Deadline: Sealed bids containing the following documents shall be received up to but not later than 10:00 o’clock a.m. of the 2nd day of September 2026: 1) Bid Form; 2) Noncollusion Declaration; 3) Site Visit Certification; 4) Designation of Subcontractors; 5) Cash, Certified or Cashier’s Check, or Bid Bond; 6) Information Required of Bidder, 7) Bidder’s Acknowledgement of Project Schedule.

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

CUPCCAA Qualified: All Bidding Contractors shall be posted on the DISTRICT’s (Merced Union High School District) CUPCCAA Website at https://www.qualitybidders.com/pages/how_it_works under “Contractor.” One must be qualified prior to bidding the project.

Mandatory Pre-Bid Conference: A mandatory pre-bid conference, including job walk, will begin for the Yosemite High School Gym Audio/Visual Upgrade at Yosemite High School 1900 G Street, Merced, California (“School”) at 10:00 a.m. on the 19th day of August 2026. Bidders shall initially meet at the front of the Administration Office of Yosemite High School. All prospective bidders will be required to attend the pre-bid conference. Bidders will be required to sign-in at the beginning of the pre-bid conference. Any bidder failing to attend the entire pre-bid conference shall be ineligible to submit a bid for the Project.

Requests for Information (RFI): All Requests for Information shall be submitted by 12:00 p.m. of the 26th day of August.

Place of Bid Receipt: DISTRICT’s Purchasing Department, 2130 Spacecraft Drive, Atwater, California 95301 (hereinafter, “Owner”).

Bid Opening: Bids shall be opened publicly and read aloud following the Bid Deadline stated above.

Project Identification Name: Yosemite High School Gym Audio/Visual Upgrade Project (“Project”).

Plans and Specifications prepared by Rebecca Archer (“Owner”) will be distributed by Rebecca Archer of Merced Union High School District Purchasing Department. Contractor can reach

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Rebecca Archer at the following email address or by accessing our webpage at www.muhsd.org, Purchasing/Warehouse Department or Quality Bidders (www.qualitybidders.com).

District Contact:

Rebecca Archer: rarcher@muhsd.org

NOTICE IS HEREBY GIVEN that DISTRICT, acting by and through its Governing Board, will receive up to, but not later than the above-stated time, unless extended by addendum, sealed bids for the award of a contract for the Project.

Each bid must conform and be responsive to all pertinent bidding and Contract Documents. Copies are on file and open for public inspection at the PURCHASING

DEPARTMENT.

No Contractor or Subcontractor may be listed on the Bid Form or Designation of Subcontractors Form for the Project unless registered with the Department of Industrial Relations ("DIR") pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No Contractor or Subcontractor may be awarded a contract for the Project unless registered with DIR pursuant to Labor Code section

1725.5. This Project is subject to compliance monitoring and enforcement by the DIR.

Bids shall be received in the place identified above, and shall be opened and publicly read aloud at the above-stated time and place. The bid award shall be the lowest bid price on the base bid.

In accordance with the provisions of California Public Contract Code section 3300, DISTRICT requires that Bidder possess the following classification(s) of contractor’s license at the time that the Contract is awarded: Class B License OR C-7 License. CONTRACTOR’s California State License number shall be clearly stated on the Bid Form. No payment shall be made for Work or material under the Contract unless and until the Registrar of Contractors verifies to DISTRICT that CONTRACTOR was properly licensed at the time the Contract was awarded and CONTRACTOR continues to be so licensed throughout the term of the Contract.

Any CONTRACTOR not so licensed is subject to penalties under the law. If the license classification specified hereinabove is that of a “specialty contractor” as defined in Section 7058 of the California Business and Professions Code, the specialty contractor awarded the Contract for this Work shall itself construct a majority of the Work, in accordance with the provisions of California Business and Professions Code section 7059. Subcontractors must possess the appropriate licenses for each specialty subcontracted at the time the bid is submitted and at the time the Contract is awarded. Failure to satisfy this requirement shall disqualify Bidder. The successful Bidder and its Subcontractors must have the required valid licenses at the time the bid is submitted and must maintain the licenses throughout the duration of the Contract and warranty period.

All Work must be completed between December 21, 2026 through January 8, 2027. A Notice to Proceed will be issued after District Board approval. Failure to complete the Work

3/17 within the time set forth herein will result in the imposition of liquidated damages for each Day of delay, in the amount set forth in the Information for Bidders.

Each Bidder agrees that, if its bid is accepted, it shall perform at least 15% of the Work, exclusive of supervisory and clerical work, without the services of any Subcontractor. Bidder shall designate in its bid those portions of the Contract Bidder intends to perform without the services of any Subcontractor which satisfies the aforementioned 15% requirement.

Each Bidder shall submit, on the form furnished with the Contract Documents, a list of the proposed Subcontractors on this Project as required by the Subletting and Subcontracting Fair Practices Act at Public Contract Code section 4100 et seq.

Contractors bidding this Project shall also require, pursuant to Public Contract Code section 4108, all Subcontractors providing labor and materials in excess of Fifty Thousand Dollars ($50,000) to supply an original signature on a fully executed 100% Faithful Performance Bond and 100% Payment Bond. All such Subcontractor bonds shall be delivered by CONTRACTOR to DISTRICT within ten (10) calendar days following CONTRACTOR's receipt of notification of the award of the Contract for the Project and before any Work is performed by any Subcontractor on the Project. The failure by or refusal of a Subcontractor to comply with this requirement may result in that Subcontractor’s substitution consistent with Public Contract Code sections 4108(b) and 4107(a)(4). All contractors bidding on the Project must specify this requirement for Subcontractor bonds in their written or published request for Subcontractor bids. Failure of a CONTRACTOR to comply with this requirement may result in CONTRACTOR’s bid being deemed non-responsive and the forfeiture to DISTRICT of CONTRACTOR’s bid security. The practice of issuing separate purchase orders and/or subcontracts for the purpose of circumventing the Subcontractor bonding requirement shall not serve to exempt CONTRACTOR from these requirements.

All submittals will be collected by DISTRICT, stamped with date and time, and will remain unopened until the time of the Bid Opening.

Each Bid shall be accompanied by cash, a certified or cashier’s check, or bid bond executed by an admitted surety insurer, as defined in California Code of Civil Procedure section 995.120, in an amount not less than ten percent (10%) of the total bid price, payable to DISTRICT as a guarantee that Bidder, if its proposal is accepted, shall promptly execute the Agreement, furnish a satisfactory Performance Bond in an amount not less than one hundred percent (100%) of the total bid price, furnish a Payment Bond in an amount not less than one hundred percent (100%) of the total bid price, and furnish certificates evidencing that the required insurance is in effect in the amounts set forth in the General Conditions. In the event the successful Bidder fails to enter into the Contract and execute the required documents, such bid security will be forfeited. The Performance Bond shall remain in full force and effect through the guarantee period as specified in the General Conditions.

Each Bid shall be accompanied by a statement of Bidder’s experience in the form of the Information Required of Bidder form set forth in the Contract Documents.

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DISTRICT reserves the right to extend the bid closing date, reject any or all bids or to waive any irregularities or informalities in any bids or in the bidding.

No specifications for bids in connection with the letting of contracts for the construction, alteration, or repair of public works shall be drafted (1) in a manner that limits the bidding, directly or indirectly, to any one specific concern, or (2) calling for a designated material, product, thing, or service by specific brand or trade name unless the specification is followed by the words “or equal” so that Bidders may furnish any equal material, product, thing, or service.

In applying this section, DISTRICT shall, if aware of an equal product manufactured in California, name such product in the specification. Contractor shall, no later than 4:30 p.m. on the second business day following the bid deadline set forth herein, submit data substantiating a request for substitution of “an equal” item.

Pursuant to Public Contract Code section 3400(c), in the event DISTRICT makes a finding below that a particular material, product, thing, or service is designated by a specific brand or trade name in order to (a) match other products in use on a particular public improvement either completed or in the course of completion, or (b) obtain a necessary item that is only available from one source, DISTRICT shall not be required to comply with the provisions of the preceding paragraph.

As required by Sections 1773 and 1773.2 of the California Labor Code, the Director of the Department of Industrial Relations has determined the general prevailing rates of wages in the locality in which the Work is to be performed. Copies of these wage rate determinations, entitled PREVAILING WAGE SCALE, are maintained at DISTRICT’s office and are available to any interested party upon request. They are also available from the Director of the Department of Industrial Relations at http://www.dir.ca.gov/dlsr. CONTRACTOR shall post a copy of such document at each job site. CONTRACTOR and any Subcontractor under it shall pay not less than the specified prevailing rates of wages to all Workers employed in the execution of the Contract. Electronic certified payroll records will be required to be submitted to the Compliance Monitoring Unit (“CMU”) of the Division of Labor Standards Enforcement of the Department of Industrial Relations of the State of California.

Each Bidder agrees that if its bid is accepted, it shall comply with all prevailing wage laws, regulations, and requirements regarding the enforcement of the payment of such prevailing wages by the CMU. In bidding on this Project, it shall be Bidder’s sole responsibility to evaluate and include in its Bid the cost of complying with all applicable labor compliance requirements.

The successful Bidder and all Subcontractors utilized by the successful Bidder on the Project shall maintain and furnish to the CMU, on a periodic basis as directed by the CMU, electronic certified copies of weekly payroll reports signed under penalty of perjury. The CMU shall review the payroll reports to verify compliance with the prevailing wage requirements and shall conduct audits as it deems necessary. If the payroll records or reports are delinquent or inadequate, DISTRICT shall withhold Contract payments as directed by the CMU. Additionally, if, after an investigation, it is established that an underpayment occurred, DISTRICT shall withhold Contract payments equal to the amount of underpayment and applicable penalties, as directed by the CMU.

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No Bidder may withdraw its bid for a period of either (a) ninety (90) Days after the date set for the opening of bids, or (b) sixty 60 Days after the date of the award, whichever date shall occur first. In the event DISTRICT should request an extension of the above-stated deadline, such extension shall also include the extension of the duration of the bid security.

Pursuant to Section 22300 of the Public Contract Code, the successful Bidder is permitted to substitute securities for any moneys withheld by DISTRICT to ensure performance under the Contract. At the request and expense of CONTRACTOR, securities equivalent to the amount withheld shall be deposited with DISTRICT, or with a state or federally chartered bank as the Escrow Agent, who shall then pay such moneys to CONTRACTOR. Upon satisfactory completion of the Contract, the securities shall be returned to CONTRACTOR. Alternatively, the successful Bidder may request and DISTRICT shall make payment of retention earned directly to the Escrow Agent at the expense of the successful Bidder.

Each bid submitted in response to this Notice shall contain, as a bid item, adequate sheeting, shoring, and bracing, or equivalent method, for the protection of life and limb in trenches and open excavation, which shall conform to applicable Safety Orders.

INFORMATION FOR BIDDERS

WARNING:

(READ THIS DOCUMENT CAREFULLY.

DO NOT ASSUME THAT IT IS THE SAME AS OTHER SIMILAR DOCUMENTS YOU

MAY HAVE SEEN, EVEN IF FROM THE SAME DISTRICT.)

1. Preparation of Bid Form

The Merced Union High School District (“DISTRICT”) invites bids on the form attached to be submitted at the time and place stated in the Notice to Contractors Calling for Bids. Bids shall be submitted on the prescribed Bid Form, completed in full. All bid items and statements shall be properly filled out. Numbers shall be stated both in words and in figures where so indicated, and where there is a conflict in the words and the figures, the words shall govern. The signatures of all persons signing the bid shall be in longhand and in permanent blue ink. Prices, wording and notations must be in ink or typewritten. Erasures or other changes shall be noted over by initial of Bidder.

2. Form and Delivery of Bids

The bid shall be made on the bidding schedule provided, and the complete bid, together with any and all additional materials as required by the Contract Documents, as defined in the Agreement and General Conditions, shall be enclosed in a sealed envelope, addressed and delivered or mailed to the Merced Union High School District Warehouse/Purchasing Department of DISTRICT, mailing address: 2130 Spacecraft Drive, Atwater, California 95301, and must be received on or before the time set forth in the Notice to Contractors Calling for Bids for the opening of bids. The envelope shall be plainly marked in the upper left-hand corner with Bidder’s name, address, the contract designation and the date and time for the opening of bids.

It is Bidder’s sole responsibility to ensure that its bid is received prior to the scheduled closing time for receipt of bids. In accordance with Government Code section 53068 and Public Contract Code section 4104.5, any bid received after the scheduled closing time for receipt of bids or after any extension due to material changes shall be returned to Bidder unopened. At the time set forth in the Notice to Contractors Calling for Bids for the opening of bids, the sealed bids will be opened and read aloud at the designated location.

Note: No Contractor or Subcontractor may be listed on the Bid Form or Designation of Subcontractors Form unless registered with the Department of Industrial Relations ("DIR") pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

3. Bid Security/Delivery of Documents

Each bid shall be accompanied by a certified or cashier’s check or bid bond issued by an admitted surety insurer, as defined in Civil Procedure Code section 995.120, in the amount of not less than ten percent (10%) of the total bid amount stated in the bid. Said check or bond shall be made payable to DISTRICT and shall be given as a guarantee that Bidder, if awarded the Contract, shall, within ten (10) calendar days of receiving notice of award of the Contract, unless otherwise directed in writing by DISTRICT, provide to DISTRICT, on the prescribed forms, 3/17 those documents listed in the Bid Form. In case of refusal or failure to enter into the Agreement or return the documents as required by DISTRICT, the check or bid bond, as the case may be, shall be forfeited to DISTRICT and DISTRICT may in its discretion either award the Contract to the second lowest responsible Bidder or reject all bids. If Bidder elects to furnish a bid bond as its bid security, Bidder shall use the Bid Bond form included herein.

4. Signature

Any signature required on the Contract Documents must be signed in the name of Bidder, must bear the signature of the person or persons duly authorized to sign the documents, and must be in permanent blue ink. If Bidder is a corporation, the legal name of the corporation shall first be set forth, together with either: (a) two signatures: one from among the chairman of the board, president or any vice president (collectively, the “Operational Officers”) and one from among the secretary, any assistant secretary, chief financial officer, or any assistant treasurer (collectively, the “Financial Officers”); or (b) one signature, provided that the corporate officer holds at least one office as an Operational Officer and one office as a Financial Officer for the corporation; or

(c) one signature of an officer or agent, provided that a properly executed corporate resolution authorizing such person to sign on behalf of and bind the corporation is submitted with the Bid Form. Such documents shall include the title of such signatories below the signature and shall bear the corporate seal. If Bidder is a joint venture or partnership, there shall be submitted with the bid, certifications signed by authorized officers of each of the parties to the joint venture or partnership, naming the individual who shall sign all necessary documents for the joint venture or partnership and, should the joint venture or partnership be the successful Bidder, the individual who shall act in all matters relative to the Contract resulting therefrom for the joint venture or partnership. If Bidder is an individual, his/her signature shall be placed on such documents.

5. 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 DISTRICT’s rejection of the bid as not being responsive to the invitation to bid. No oral or telephonic modification of any bid submitted will be considered.

6. 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 DISTRICT determines that any bid is unintelligible, inconsistent or ambiguous, DISTRICT may reject such bid as not being responsive to the invitation to bid.

7. Mandatory Pre-Bid Conference and Contract Documents

Each Bidder shall examine the Contract Documents and shall be required to attend the mandatory pre-bid conference specified in the Notice to Contractors Calling For Bids. Any Bidder failing to attend the entire mandatory pre-bid conference will be ineligible to submit a bid

3/17 for the Project. Bidders shall be responsible for determining the local conditions which may in any way affect the performance of the Work, including the prevailing wages and other relevant cost factors; familiarize itself with all federal, state and local laws, ordinances, rules, regulations and codes affecting the performance of the Work, including the cost of permits and licenses required for the Work; make such surveys and investigations, including investigation of subsurface or latent physical conditions at the site; determine the character, quality, and quantities of the Work to be performed and the materials and equipment to be provided; and correlate its observations, investigations, and determinations with the requirements of the Contract Documents. The Contract Documents show and describe the existing conditions as they are believed to have been used in the design of the Work. DISTRICT shall not be liable for any loss sustained by CONTRACTOR resulting from any variance between the conditions and design data given in the Contract Documents and the actual conditions revealed during Bidder’s examination or during the progress of the Work. The failure or omission of any Bidder to receive or examine any Contract document, form, instrument, addendum, or other document and become acquainted with conditions there existing shall in no way relieve any Bidder from any obligation with respect to his bid or to the Contract. The submission of a bid shall be incontrovertible evidence that Bidder has complied with all the requirements of this provision of the Information for Bidders. 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.

8. 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. All requests for bid withdrawal must be accompanied with a power-of-attorney or other proof acceptable to DISTRICT which authorizes the individual requesting the bid withdrawal to so act on behalf of Bidder. The bid security for bids withdrawn prior to the scheduled closing time for receipt of bids, in accordance with this section, shall be returned on demand therefore. Any request to withdraw a bid after bid opening shall be submitted in writing and in accordance with all requirements of Public Contract Code section 5100 et seq. As specified in the Notice to Contractors Calling for Bids, no Bidder may withdraw its bid for a period of either (a) ninety (90) Days after the date set for the opening of bids, or (b) sixty 60 Days after the date of the award, whichever date shall occur first.

9. Agreements and Bonds

The Agreement form which the successful Bidder, as CONTRACTOR, will be required to execute, and the form of the payment bond which such CONTRACTOR will be required to furnish in accordance with Civil Code section 9550 prior to execution of the Agreement, are included in the Contract Documents and should be carefully examined by Bidder. Unless otherwise specified in the Special Conditions, if any, the payment bond shall be in the amount of one hundred percent (100%) of the amount of the Contract. CONTRACTOR will also be required to furnish a performance bond in the amount of one hundred percent (100%) of the amount of the Contract and in the form included in the Contract Documents, and Certificates of Insurance as required in the Contract, all prior to execution of the Agreement. The payment and performance bonds must be executed by an admitted surety insurer.

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10. Interpretation of Plans and Documents

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 from, the Drawings and Specifications, a written request for an interpretation or correction thereof may be submitted to OWNER. Bidder submitting the request shall be responsible for its prompt delivery. In case of disagreement or conflict between or within standards, Specifications, and Drawings, the more stringent, higher quality and greater quantity of work shall be included in the bid. Any interpretation or correction of the Contract Documents will be made solely at DISTRICT’s discretion and only by written addendum duly issued by OWNER and approved by DISTRICT, and a copy of such addendum will be hand delivered, mailed, e-mailed or faxed to each Bidder known to have received a set of the Contract Documents. No person is authorized to make any oral interpretation of any provision in the Contract Documents, nor shall any oral interpretation be binding on DISTRICT.

Requests for clarification or explanation should be submitted to OWNER no later than the seventh calendar day preceding the date set for submission of bids. If discrepancies on Drawings, or in Specifications, or conflicts between Drawings and Specifications are not covered by addenda, Bidder shall include in the bid the method of construction and materials resulting in the higher bid. Bidder shall become familiar with the Plans, Specifications and Drawings.

SUBMITTAL OF A BID WITHOUT CLARIFICATIONS SHALL BE INCONTROVERTIBLE

EVIDENCE THAT BIDDER HAS DETERMINED THAT THE PLANS, SPECIFICATIONS

AND DRAWINGS ARE SUFFICIENT FOR BIDDING AND COMPLETING THE JOB; THAT

BIDDER IS CAPABLE OF READING, FOLLOWING AND COMPLETING THE JOB IN

ACCORDANCE WITH THE PLANS, SPECIFICATIONS AND DRAWINGS; AND THAT

THE PLANS, SPECIFICATIONS AND DRAWINGS FALL WITHIN AN ACCEPTABLE

STANDARD FOR PLANS, SPECIFICATIONS AND DRAWINGS.

11. Addenda

Addenda issued during time of bidding shall be included in bid and shall be made a part of the Contract. Bidder shall list in the Bid Form each addendum received.

a. Addenda will be prepared and issued to Bidders at the option of OWNER.

b. Name and telephone number of the individual who is responsible for the bidding procedure and the receipt of addenda shall be filed at the pick-up location.

c. Addenda will be issued only to Bidders who received bid sets.

d. Addenda issued more than four (4) working days prior to the day bids are designated to be opened shall be emailed to Bidders who received bid sets.

e. Bidders who have obtained bid sets will be notified by email when any addendum is issued less than four (4) working days prior to day bids are to be opened.

f. In the event a material change is made by addendum within 72 hours prior to the bid deadline, the date and time to submit bids will be extended by at least 72 hours.

g. Addenda will NOT be transmitted to Bidders via Facsimile Copier (FAX) but MAY be issued via email.

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h. Bidders shall be responsible for confirming they are in receipt of all addenda.

12. 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 bid for the same work. If DISTRICT has reasonable grounds for believing that any Bidder is interested in more than one proposal for the Work, it will be cause for rejecting all proposals in which such Bidder is interested and Bidder will forfeit its bid security to DISTRICT.

A person, firm, or corporation that has submitted a subproposal 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, but is then prohibited from making a prime proposal.

13. Award of Contract

DISTRICT reserves the right to reject any or all bids, or to waive any irregularities or informalities in any bids or in the bidding. If two identical low bids are received from responsible Bidders, DISTRICT will determine which bid will be accepted pursuant to Public Contract Code section 20117. The award of the Contract, if made by DISTRICT, will be by action of the governing board and to the lowest responsible Bidder therefore from among those Bidders responsive to the call for bids. In the event an award is made to a Bidder and such Bidder fails or refuses to execute the Agreement and provide the required documents within ten

(10) calendar days after notification of the award of the Contract to Bidder, DISTRICT may award the Contract to the next lowest Bidder or release all Bidders. Each bid must conform and be responsive to the Contract Documents.

14. Competency of Bidders

In selecting the lowest responsible Bidder, consideration will be given not only to the financial standing but also to the general competency of Bidder for the performance of the Work covered by the bid. Each Bidder agrees that, if its bid is accepted, it shall perform that portion of Work designated in its bid which shall constitute at least 15% of the Work, exclusive of supervisory and clerical work, without the services of any Subcontractor. By submitting a bid, each Bidder agrees that DISTRICT, in determining the successful Bidder and its eligibility for the award, may consider Bidder’s experience and facilities, conduct and performance under other contracts, financial condition, reputation in the industry, and other factors which could affect Bidder’s performance of the Work. To this end, each bid shall be supported by a statement of Bidder’s experience as of the recent date on the form entitled “INFORMATION REQUIRED OF BIDDER,” bound herein.

DISTRICT may also consider the qualifications and experience of Subcontractors and other persons and organizations (including those who are to furnish the principal items of material and equipment) proposed for those portions of Work. Operating costs, maintenance considerations, performance data and guarantees of materials and equipment may also be considered by DISTRICT. In this regard, DISTRICT may conduct such investigations as DISTRICT deems necessary to assist in the evaluation of any bid and to establish the responsibility, qualifications and financial ability of Bidder, proposed Subcontractors, and other persons and organizations to do the Work in accordance with the Contract Documents to DISTRICT’s satisfaction within the prescribed time; and DISTRICT reserves the right to reject

3/17 the bid of any Bidder who does not pass any such evaluation to the satisfaction of DISTRICT.

No bid for the Work will be accepted from a contractor who is not licensed in accordance with applicable State law or from a contractor who lists subcontractors who are not licensed in accordance with applicable State law.

15. Listing Subcontractors

Each Bidder shall submit with the bid, on the form furnished with the Contract Documents, a list of the proposed Subcontractors who are registered with DIR, license numbers and locations of the places of business of each Subcontractor who will perform Work or labor or render service to Bidder in or about the Project or a Subcontractor who, under subcontract to Bidder, specially fabricates and installs a portion of the Work in an amount in excess of one-half (1/2) of one percent (1%) of Bidder’s total bid, as required by the Subletting and Subcontracting Fair Practices Act (Public Contract Code section 4100 et seq.). As provided by Public Contract Code section 6109, no Bidder shall list or otherwise permit a Subcontractor who is ineligible to bid or work on, or be awarded, a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code to bid on, be awarded, or perform work as a Subcontractor on the Project. If Bidder fails to specify a Subcontractor for any portion of the Work in excess of one half (1/2) of one percent (1%) of Bidder’s total bid, Bidder agrees that he/she is fully qualified to perform that Work and agrees to perform that portion of the Work. Violation of this requirement (including the procurement of a Subcontractor for the Project if no Subcontractor is specified) can result in DISTRICT invoking the remedies of Public Contract Code sections 4110 and 4111.

Each Bidder bidding this Work shall require, pursuant to Public Contract Code section 4108, all Subcontractors providing labor and materials in excess of $50,000 to supply an original signature and fully executed 100% Faithful Performance Bond and 100% Payment Bond. All such Subcontractor bonds shall be delivered by the successful Bidder to DISTRICT through ARCHITECT within ten (10) calendar days following the successful Bidder’s receipt of notification of the award of the Contract for the Project. The failure by or refusal of a Subcontractor to comply with this requirement may result in that Subcontractor’s substitution consistent with Public Contract Code sections 4108(b) and 4107(a)(4). Each Bidder bidding on the Project must specify this requirement for Subcontractor bonds in its written or published request for Subcontractor bids. Failure of a Bidder to comply with this requirement may result in Bidder’s bid being deemed non-responsive and the forfeiture to DISTRICT of Bidder’s bid security.

The practice of issuing separate purchase orders and/or Subcontractors for the purpose of circumventing the Subcontractor bonding requirement shall not serve to exempt CONTRACTOR from these requirements.

No payments, except for a reimbursement payment to the successful Bidder for the cost of the successful Bidder’s own Faithful Performance Bond and Payment Bond, shall be made to the successful Bidder until the successful Bidder provides the aforementioned Subcontractor bonds to DISTRICT.

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16. Workers’ Compensation

In accordance with the provisions of Section 3700 of the Labor Code, the successful Bidder, as CONTRACTOR, shall secure the payment of compensation to all employees.

CONTRACTOR shall sign and file with DISTRICT the following certificate when it submits the Agreement to DISTRICT: “I am aware of the provisions of Section 3700 of the Labor Code which require 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 the Contract.” The form of such certificate is included as a part of the Contract Documents.

17. Contractor’s License

To perform the Work required by this notice, CONTRACTOR must be registered with DIR, possess a: Class B License OR Class C-7 Contractor’s License, and CONTRACTOR must maintain the license throughout the duration of the Contract and the warranty period. If, at the time the bids are opened, Bidder is not registered with DIR and licensed to perform the Project in accordance with Division 3, Chapter 9 of the Business and Professions Code of the State of California and the Notice to Contractors Calling for Bids, such bid will be rejected as non-responsive (Public Contract Code section 3300). Pursuant to Business and Professions Code section 7028.15, no payment shall be made for Work or materials under the Contract unless and until the Registrar of Contractors verifies to DISTRICT that Bidder was properly licensed at the time the bid was submitted. Any Bidder not so licensed is subject to penalties under the law and the Contract will be considered void and DISTRICT shall have the right to bring an action against the unlicensed Bidder awarded the Contract for recovery of all compensation paid under the Contract (Business and Professions Code section 7031(b)). If the license classification specified hereinafter is that of a “specialty contractor” as defined in Section 7058 of the Business and Professions Code, the specialty contractor awarded the Contract for his Work shall construct a majority of the Work, in accordance with the provisions of Business and Professions Code section 7059. Bidder may not use the contractor license of a third party for this bid.

CONTRACTOR and its Subcontractors must have the required valid licenses at the time the bid is submitted and must maintain the licenses throughout the duration of the Contract and warranty period.

18. Anti-Discrimination

It is the policy of 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, physical disability, mental disability, medical condition, or marital status. 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, CONTRACTOR agrees to require like compliance by any Subcontractors employed on the Work by any such CONTRACTOR.

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19. Hold Harmless

CONTRACTOR shall indemnify and hold harmless DISTRICT and their officers, agents, and employees from every claim or demand made, and every liability, loss, damage, or expense, of any nature whatsoever, which may be incurred by reason of:

a. Liability for damages for (1) death or bodily injury to persons; (2) injury to, loss or theft of property; or (3) any other loss, damage or expense arising under either (1) or

(2) above, sustained by CONTRACTOR or any person, firm or corporation employed by CONTRACTOR upon or in connection with the Work called for in the Agreement, except for liability resulting from the sole negligence, or willful misconduct of DISTRICT or INSPECTOR OF RECORD, their officers, employees, agents or independent contractors who are directly employed by DISTRICT, and except for liability resulting from the active negligence of DISTRICT .

b. Any injury to or death of persons or damage to property caused by any act, neglect, default or omission of CONTRACTOR, or any person, firm, or corporation employed by CONTRACTOR, either directly or by independent contract, including all damages due to loss or theft, sustained by any person, firm or corporation, including DISTRICT, arising out of, or in any way connected with the Work covered by the Agreement, whether said injury or damage occurs either on or off DISTRICT property, if the liability arose from the negligence or willful misconduct of anyone employed by CONTRACTOR, either directly or by independent contract, and not by the active negligence of DISTRICT.

c. Any failure or alleged failure to comply with any provision of law or the Contract Documents.

d. Any dispute between CONTRACTOR and CONTRACTOR’s Subcontractors/ suppliers/sureties, including, but not limited to any failure or alleged failure of CONTRACTOR (or any person hired or employed directly or indirectly by CONTRACTOR) to pay any Subcontractor or materialman of any tier or any other person employed in connection with the Work and/or filing of any stop notice or mechanic’s lien claims.

e. In the event CONTRACTOR is required to access DISTRICT’s computer system or network in the performance of the Contract, CONTRACTOR shall provide 48-hours advance notification to DISTRICT. In the event such access infects DISTRICT’s computer network, system, or device with a virus, Trojan Horse, worm, or any other computer programming routine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system data or personal information, CONTRACTOR agrees to indemnify DISTRICT and pay for any and all losses, damages and expenses incurred by DISTRICT to remedy any such infection.

CONTRACTOR, at CONTRACTOR’s own expense, cost and risk shall defend any and all actions, suits, or other proceedings that may be brought or instituted against DISTRICT, ARCHITECT, or INSPECTOR OF RECORD, their officers, agents or employees, or any such claim or liability, and shall pay or satisfy any judgment that may be rendered against DISTRICT, 3/17

ARCHITECT, or INSPECTOR OF RECORD, their officers, agents or employees in any action, suit or other proceedings as a result thereof.

20. Surety Qualifications

All surety companies which are admitted surety insurers, pursuant to California Code of Civil Procedure section 995.120 and comply with the provisions of California Code of Civil Procedure sections 995.630 and 995.660, shall be satisfactory to DISTRICT.

21. Time Period for Completion of the Work and Liquidated Damages

All Work must be completed within the time limits set forth in the Notice to Contractors Calling for Bids. It is agreed that damages for the failure of CONTRACTOR to complete the total Work described herein within the time limits required are impossible to ascertain but that the sum of One Hundred Dollars ($100) per day is a reasonable estimate. Should the Work not be completed within the specified time for completion, CONTRACTOR shall be liable for liquidated damages, payable to DISTRICT, in an amount of One hundred Dollars ($100) for each calendar day of delay in completion.

22. Drug-Free Workplace Certification

Pursuant to Government Code section 8350 et seq., the successful Bidder will be required to execute a Drug-Free Workplace Certificate upon execution of the Agreement.

CONTRACTOR will be required to take positive measures outlined in the certificate in order to ensure the presence of a drug-free workplace. Failure to abide with the conditions set forth in the Drug-Free Workplace Act could result in penalties including termination of the Agreement or suspension of payment thereunder.

23. Required Certifications with Bid Form

All Bidders are required to execute and submit together with the Bid Form, the following certifications:

a. Bidder's Noncollusion Declaration, identified herein as Attachment No. 1 to Bid Form as required by Public Contract Code section 7106.

b. Designation of Subcontractors, identified herein as Attachment No. 2 to Bid Form.

c. Certified or Cashier’s Check consistent with Section 3 above or Bid Bond, identified herein as Attachment No. 3 to Bid Form.

d. Information Required of Bidder, identified herein as Attachment No. 4 to Bid Form.

24. Required Certifications with Agreement

Concurrent with submission of the Agreement, the successful Bidder shall submit the following documents:

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a. Performance Bond, identified herein as Attachment No. 1 to Agreement.

b. Payment Bond, identified herein as Attachment No. 2 to Agreement.

c. Worker's Compensation Certification, identified herein as Attachment No. 3 to Agreement.

d. Drug-Free Workplace Certification, identified herein as Attachment No. 4 to Agreement.

e. Conduct Rules for Contractors, identified herein as Attachment No. 5 to Agreement.

f. Asbestos and Other Hazardous Materials Certification, identified herein as Attachment No. 6 to Agreement.

g. Lead-Based Paint Certification, identified herein as Attachment No. 7 to Agreement.

Pursuant to the Lead-Safe Schools Protection Act (Education Code section 32240 et seq.) and other applicable law, the successful Bidder will be required to complete a Lead-Based Paint Certification.

h. Criminal Records Check Certification, identified herein as Attachment No. 8 to Agreement.

If any portion of the Work for the Project is to be performed at an operating school, the successful Bidder and its Subcontractors shall be required to comply with the applicable requirements of Education Code section 45125.2 with respect to fingerprinting of employees who may have contact with DISTRICT’s pupils.

The successful Bidder and its Subcontractors will be required to complete the Criminal Records Check Certification Form.

25. Prevailing Wages

This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. As required by Sections 1773 and 1773.2 of the California Labor Code, the Director of the Department of Industrial Relations has determined the general prevailing rates of wages in the locality in which the Work is to be performed. Copies of these wage rate determinations, entitled PREVAILING WAGE SCALE, are maintained at DISTRICT’s office and are available to any interested party upon request. They are also available from the Director of the Department of Industrial Relations. CONTRACTOR shall post a copy of such document at each job site. CONTRACTOR shall also post at the job site a notice containing the following language until which time that Title 8 California Code of Regulations section 16451(d) or successor provision is adopted, at which time it shall be the responsibility of CONTRATOR to immediately revise and post the updated language:

This public works project is subject to monitoring and investigative activities by the Compliance Monitoring Unit (CMU) of the Division of Labor Standards

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Enforcement, Department of Industrial Relations, State of California. This Notice is intended to provide information to all workers employed in the execution of the contract for public work and to all contractors and other persons having access to the job site to enable the CMU to ensure compliance with and enforcement of prevailing wage laws on public works projects.

The prevailing wage laws require that all workers be paid at least the minimum hourly wage as determined by the Director of Industrial Relations for the specific classification (or type of work) performed by workers on the project. These rates are listed on a separate job site posting of minimum prevailing rates required to be maintained by the public entity which awarded the public works contract.

Complaints concerning nonpayment of the required minimum wage rates to workers on this project may be filed with the CMU at any office of the Division of Labor Standards Enforcement (DLSE).

Local Office Telephone Number: (844) 522-6734

Complaints should be filed in writing immediately upon discovery of any violations of the prevailing wage laws due to the short period of time following the completion of the project that the CMU may take legal action against those responsible.

Complaints should contain details about the violations alleged (for example, wrong rate paid, not all hours paid, overtime rate not paid for hours worked in excess of 8 per day or 40 per week, etc) as well as the name of the employer, the public entity which awarded the public works contract, and the location and name of the project.

For general information concerning the prevailing wage laws and how to file a complaint concerning any violation of these prevailing wage laws, you may contact any DLSE office. Complaint forms are also available at the Department of Industrial Relations website found at www.dir.ca.gov/dlse/PublicWorks.html.

CONTRACTOR and any Subcontractor under it shall pay not less than the specified prevailing rates of wages to all Workers employed in the execution of the Contract. Electronic certified payroll records will be required to be submitted to the Compliance Monitoring Unit (“CMU”) of the Division of Labor Standards Enforcement of the Department of Industrial Relations of the State of California.

Each Bidder agrees that if its bid is accepted, it shall comply with all prevailing wage laws, regulations, and requirements regarding the enforcement of the payment of such prevailing wages by the CMU. The successful Bidder and all Subcontractors utilized by the successful Bidder on the Project shall maintain and furnish to the CMU, on a periodic basis as directed by the CMU, electronic certified copies of weekly payroll reports signed under penalty of perjury.

The CMU shall review the payroll reports to verify compliance with the prevailing wage requirements and shall…