DCES_ HRES_ TBES_ LPES Pour-in-Place Replacements.pdf

Bid Documentation BID 2027-01 DCES, HRES, TBES, LPES POUR-IN-PLACE REPLACEMENTS Poway Unified School District

Bid Package

BID 2027-01 DCES, HRES, TBES, LPES POUR-IN-PLACE REPLACEMENTS

Monica Putzbach, Assistant Director of Purchasing

Telephone: (858) 748-0010, Extension 2788

JEFF JOHNSON, DIRECTOR

PURCHASING DEPARTMENT

TWIN PEAKS CENTER

13626 Twin Peaks Road Poway, California 92064

SUPERINTENDENT

Dr. Ben Churchill

BOARD OF EDUCATION

David Cheng

Ginger Couvrette Tim Dougherty

Michelle O’Connor-Ratcliff Heather Plotzke

Table of Contents 2

TABLE OF CONTENTS

QUICK REFERENCE PAGE

BOOK 1 OF 2 - BID DOCUMENTATION

NOTICE TO BIDDERS

INSTRUCTIONS TO BIDDERS

SPECIAL CONDITIONS

ATTACHMENT 1 - GENERAL CONDITIONS ........................................................................ Attachment

ATTACHMENT 2 - AGREEMENT

ATTACHMENT 3 - PERFORMANCE BOND

ATTACHMENT 4 - PAYMENT BOND

EXHIBIT A SCOPE OF WORK

EXHIBIT B SITE AND TECHNICAL SPECIFICATIONS

EXHIBIT C - PRODUCT SUBSTITUTION REQUEST FORM

EXHIBIT D - PUSD CHANGE ORDER REQUEST FORM

EXHIBIT E - PUSD SITE ADDRESS LIST & MAP

BOOK 2 OF 2 - BID SUBMITTAL PACKET

BID SUBMITTAL CHECKLIST

BID FORM

INFORMATION REQUIRED OF BIDDERS

BID BOND

DESIGNATION OF SUBCONTRACTORS

NON-COLLUSION AFFIDAVIT

IRAN CONTRACTING ACT CERTIFICATION

CERTIFICATION REGARDING DEBARMENT

CRIMINAL BACKGROUND INVESTIGATION / FINGERPRINTING CERTIFICATION

CONTRACTOR CERTIFICATIONS

CONTRACTOR REGISTRATION - CUPCCAA

Quick Reference Page 3

QUICK REFERENCE PAGE

Bid Number .............................................................................................................................. 2027-01

Bid Name ..................................................... DCES, HRES, TBES, LPES Pour-In-Place Replacements

Publication of Notice .......................................................................................................... April 9, 2026

Publication Dates ....................................................................................... April 9, 2026, April 16, 2026

Bidder’s Conference (“Job Walk”) Time & Date .............................. Begins at 9:00am on April 22, 2026

Bidder’s Conference Location (“Job Walk”)

• Begins at Tierra Bonita Elementary School: 14678 Tierra Bonita Rd, Poway, CA 92064

• Immediately following “Job Walk” at Tierra Bonita Elementary School, the Job Walk will continue in the following order:

- Highland Ranch Elementary School: 14840 Waverly Downs Way, San Diego, CA 92128

- Los Penasquitos Elementary School: 14125 Cuca St, San Diego, CA 92129

- Deer Canyon Elementary School: 13455 Russet Leaf Lane, San Diego, CA 92129

- Westview High School: 13500 Camino Del Sur, San Diego, CA 92129

- Del Norte High School 16601 Nighthawk Ln, San Diego, CA 92127

Deadline for Questions or Inquiries .............................................................. 11:00am on April 29, 2026

Submit Questions to .......................................................................Email: mputzbach@powayusd.com

Final Addendum Due ........................................................................................ 2:00pm on May 6, 2026

Bid Deadline ................................................................................................... 2:00pm on May 13, 2026

License(s) Eligible to Bid ...................... CSLB Class C-61/D12 Synthetic Products Contractor License

Estimated Date for Award of Contract ............................................................................. June 11, 2026

Number Contracts to be Awarded ................................................... Up to as many as four (4) contracts

Bid Documentation

Instructions to Bidders

BOOK 1 OF 2 – BID DOCUMENTATION

Please read these instructions carefully before preparing your bid packet for submittal.

Notice to Bidders 5

POWAY UNIFIED SCHOOL DISTRICT

NOTICE TO BIDDERS

NOTICE IS HEREBY GIVEN that the Governing Board of the Poway Unified School District (“DISTRICT”) is inviting qualified and experienced contractors to submit sealed bids for the project described below:

BID 2027-01 DCES, HRES, TBES, LPES POUR IN PLACE REPLACEMENTS

Bids must be delivered to the district at the following location: 13626 Twin Peaks Road, Building 700, Poway, CA 92064, and shall be labeled BID 2027-01 DCES, HRES, TBES, LPES POUR IN PLACE REPLACEMENTS, Attention: Purchasing Department.

Bids must be delivered to and received by the District at the location specified above as the place for submitting bids no later than the date and time specified below, at which time the district will publicly open and read all bids. Any bid received by the district after the bid deadline shall be returned to the bidder unopened. Bids must be received by the district no later than 2:00pm on May 13, 2026.

Specifications may be examined and obtained at no charge from the District’s Purchasing Department’s webpage:

https://www.powayusd.com/apps/pages/current-bids.

A mandatory pre-bid conference and site visit “Job Walk” will be held beginning promptly at 9:00am on April 22, 2026, beginning promptly at Tierra Bonita Elementary School: 14678 Tierra Bonita Rd, Poway, CA 92064. Immediately following “Job Walk” at Tierra Bonita Elementary School, the Job Walk will continue in the following order: Highland Ranch Elementary School: 14840 Waverly Downs Way, San Diego, CA 92128, Los Penasquitos Elementary School: 14125 Cuca St, San Diego, CA 92129, Deer Canyon Elementary School: 13455 Russet Leaf Lane, San Diego, CA 92129, Westview High School: 13500 Camino Del Sur, San Diego, CA 92129, and Del Norte High School 16601 Nighthawk Ln, San Diego, CA 92127. Any bid submitted by a bidder who does not fully attend the mandatory pre-bid conference job walk shall be considered a non-responsive bid.

The class(es) of California contractor’s license(s) required in order to bid on and perform the contract for this project is: CSLB Class C-61/D12 Synthetic Products Contractor License. Each bidder shall also have no less than five (5) years’ experience in the magnitude and character of the work bid.

PREVAILING WAGES: Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations (“DIR”). No bid will be accepted, nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the DIR to perform public work. If awarded a contract, the bidder, and its subcontractors, of any tier, shall maintain active registration with the DIR for the duration of the project. This project is subject to compliance monitoring and enforcement by the DIR.

In bidding on this project, it shall be the bidder’s sole responsibility to evaluate and include the cost of complying with all labor compliance requirements under this contract and applicable law in its bid. Wage rates can be found at the California Department of Industrial Relations web site at http://www.dir.ca.gov/DLSR/.

Each bid must be submitted with security in an amount not less than ten percent (10%) of the maximum bid amount as a guarantee that the bidder will enter into the proposed contract, if awarded to the bidder, and will provide the performance and payment bonds, insurance certificates and other documents described in the contract documents. Such security must be in one of the following forms:

(1) a cashier’s check made payable to the district; (2) a certified check made payable to the district; or (3) a bond made payable to the district in the form set forth in the contract documents. Any bond must have been issued by a California-admitted surety as defined in Code of Civil Procedure Section 995.120. The successful bidder will be required to provide both a performance bond and a separate payment bond, each in an amount equal to 100% of the total contract amount. The forms of the bonds are set forth in the contract documents, and all bonds must be issued by a California-admitted surety as defined in California Code of Civil Procedure Section 995.120.

The district reserves the right to reject any and all bids and to waive any irregularities or informalities in any bids or in the bidding. No bidder may withdraw their bid for a period of thirty (30) days after the date set for the opening of the bids. For questions, please contact Monica Putzbach at mputzbach@powayusd.com.

Dated this 9th day of April 2026.

Tim Dougherty Tim Dougherty Clerk, Board of Education Poway Unified School District San Diego County, California

Publication: Daily Transcript Publication Dates: April 9, 2026, April 16, 2026 https://www.powayusd.com/apps/pages/current-bids http://www.dir.ca.gov/DLSR/ mailto:mputzbach@powayusd.com

Instructions To Bidders 6

INSTRUCTIONS TO BIDDERS

1. AVAILABILITY OF CONTRACT DOCUMENTS

Bids must be submitted to the district on the bid forms that are a part of the bid package for the project. Prospective bidders may obtain contract documents through the district’s webpage:

https://www.powayusd.com/apps/pages/current-bids.

2. EXAMINATION OF CONTRACT DOCUMENTS

The District has made copies of the contract documents available, as indicated above. Bidders shall be solely responsible for examining the project site and the contract documents, including any Addenda issued during the bidding period, and for informing itself with respect to local labor availability, means of transportation, necessity for security, laws and codes, local permit requirements, wage scales, local tax structure, contractors’ licensing requirements, availability of required insurance, and other factors that could affect the work. Bidders are responsible for consulting the standards referenced in the contract. Failure of bidder to so examine and inform itself shall be at its sole risk, and no relief for error or omission will be given except as required under State law.

3. INTERPRETATION OF CONTRACT DOCUMENTS

Discrepancies in, and/or omissions from the plans, specifications or other contract documents or questions as to their meaning shall be immediately brought to the attention of the district by submission of a written request for an interpretation or correction to the district. Such submission, if any, must be sent to the Purchasing Department by emailing Monica Putzbach at mputzbach@powayusd.com no later than 11:00am on April 29, 2026.

Any interpretation of the contract documents will be made only by written addenda duly issued via email, and posted on the district’s webpage: https://www.powayusd.com/apps/pages/current-bids.

The district will not be responsible for any explanations or interpretations provided in any other manner. No person is authorized to make any oral interpretation of any provision in the contract documents to any bidder, and no bidder should rely on any such oral interpretation.

Bids shall include complete compensation for all items that are noted in the contract documents as the responsibility of the contractor.

4. INSPECTION OF SITE: PRE-BID CONFERENCE AND SITE VISIT

Each prospective bidder is responsible for fully acquainting itself with the conditions of the project site (which may include more than one site), as well as those relating to the construction and labor of the project, to fully understand the facilities, difficulties and restrictions which may impact the cost or effort required to complete the project. To this end, a pre-bid conference and/ or site visit may be held on the date(s) and time(s) indicated in the Notice to Bidders. Any bid submitted by a bidder who was either late to the mandatory pre-bid conference or does not fully attend the mandatory pre-bid conference shall be considered a non-responsive bid.

5. ADDENDA

The district reserves the right to revise the contract documents prior to the bid opening date.

Revisions, if any, shall be made by written addenda. All addenda issued by the district shall be included in the bid and made part of the contract documents. Pursuant to Public Contract Code Section 4104.5, if the district issues an addendum which includes material changes to the project less than 72 hours prior to the deadline for submission of bids, the district will extend the deadline for submission of bids. The district may determine, in its sole discretion, whether an addendum warrants postponement of the bid submission date. Each prospective bidder shall provide district a name, address and email address to which addenda may be sent, as well as a telephone number by which the District can contact the bidder. Copies of addenda will be furnished by email and/or https://www.powayusd.com/apps/pages/current-bids https://www.powayusd.com/apps/pages/current-bids

Instructions To Bidders 7 posted on the district’s webpage without charge to all parties who have obtained a copy of the contract documents and provided such current information. Please Note: Bidders are responsible for ensuring that they have received any and all addenda. To this end, each bidder should contact the Purchasing Department to verify that he/she has received all addenda issued, if any, prior to the bid opening.

6. ALTERNATE BIDS

If alternate bid items are called for in the contract documents, the lowest bid will be determined on the basis of the base bid only. However, the district may choose to award the contract on the basis of the base bid alone or the base bid and any alternate or combination of alternates. The time required for completion of the alternate bid items has been factored into the contract duration and no additional contract time will be awarded for any of the alternate bid items. The district may elect to include one or more of the alternate bid items, or to otherwise remove certain work from the project scope of work. Accordingly, each bidder must ensure that each bid item contains a proportionate share of profit, overhead and other costs or expenses which will be incurred by the bidder.

7. COMPLETION OF BID FORMS

Bids shall only be prepared using copies of the bid forms which are included in the bid package.

The use of substitute bid forms other than clear and correct photocopies of those provided by the district will not be permitted. Bids shall be executed by an authorized signatory as described in these Instructions to Bidders. In addition, bidders shall fill in all blank spaces (including inserting “N/A” where applicable) and initial all interlineations, alterations, or erasures to the bid forms. Bidders shall neither delete, modify, nor supplement the printed matter on the bid forms nor make substitutions thereon. Use of black or blue ink or a computer printer is required. Deviations in the bid form may result in the bid being deemed non-responsive.

8. MODIFICATIONS OF BIDS

Each bidder shall submit its bid in strict conformity with the requirements of the contract documents.

Unauthorized additions, modifications, revisions, conditions, limitations, exclusions, or provisions attached to a bid may render it non-responsive and may cause its rejection. Bidders shall neither delete, modify, nor supplement the printed matter on the bid forms, nor make substitutions thereon.

Oral, telephonic, and electronic modifications will not be considered, unless the Notice to Bidders authorizes the submission of electronic bids and modifications thereto and such modifications are made in accordance with the Notice to Bidders.

9. DESIGNATION OF SUBCONTRACTORS

As required pursuant to the Subletting and Subcontracting Fair Practices Act, each bidder shall submit with its bid a list of the names, license numbers, Department of Industrial Relations (“DIR”) registration numbers, if the project is a public works project in excess of twenty-five thousand dollars ($25,000.00) or a maintenance project in excess of fifteen thousand dollars ($15,000.00), and locations of the places of business of each subcontractor that will perform work or labor or render service to the bidder in or about the project, 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 (.5%) of the total amount of the bidder’s bid. A bidder may not list more than one subcontractor for any one portion of the work. A bidder that fails to list a subcontractor for any portion of the work represents that it is fully qualified to and 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 shall submit the lists of subcontractors only on the form included in the bid documents.

Instructions To Bidders 8

10. LICENSING REQUIREMENTS

Pursuant to Section 7028.15 of the Business and Professions Code and Section 3300 of the Public Contract Code, all bidders must possess proper licenses for performance of this contract.

Subcontractors must possess the appropriate licenses for each specialty subcontracted. Pursuant to Section 7028.5 of the Business and Professions Code, the district shall consider any bid submitted by a contractor not currently licensed in accordance with state law and pursuant to the requirements found in the contract documents to be nonresponsive, and the district shall reject the bid. The district shall have the right to request, and bidders shall provide within five (5) calendar days, evidence satisfactory to the district of all valid license(s) currently held by that bidder and each of the bidder’s subcontractors, before awarding the contract.

11. PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION

Pursuant to Labor Code sections 1725.5 and 1771.1, if the project is a public works project in excess of twenty-five thousand dollars ($25,000.00) or a maintenance project in excess of fifteen thousand dollars ($15,000.00), all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with DIR. No bid will be accepted, nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the DIR to perform public work. If awarded a contract, the bidder, and its subcontractors, of any tier, shall maintain active registration with the DIR for the duration of the project. To this end, bidder shall sign and submit with its bid the Public Works Contractor Registration Certification on the form provided, attesting to the facts contained therein. Failure to submit this form may render the bid non-responsive. In addition, each bidder shall provide the registration number for each listed subcontractor in the space provided in the Designation of Subcontractors Form.

12. CUPCCAA INFORMAL BIDDING PROCEDURES AND REGISTRATION

The Poway Unified School District (“PUSD”) has elected to become subject to the California Uniform Public Construction Cost Accounting Act (CUPCCAA). The district invites all licensed contractors to submit information to apply for inclusion on the district’s list of registered contractors to be eligible for award of district projects estimated to cost up to two hundred twenty thousand dollars ($220,000.00).

Per California Public Contract Code 22032, any public works project that is estimated to be two hundred thousand dollars ($220,000.00) or less is subject to the Informal Bidding Procedures set forth by the State of California Uniform Construction Cost Accounting Commission. All trade categories are subject to Informal Bidding Procedures.

Contractors that are interested in being on the Informal Bidding Contractors List are required to have a current license and are subject to verification through the Contractors State License Board.

Contractors Interested in being listed as an eligible contractor on the PUSD informal bid list must:

• Have a current license and subject to verification through the CA Contractor's State License

Board.

• Comply with SB 854 - Information can be found at the following website:

https://www.dir.ca.gov/Public-Works/Contractors.html.

• Submit proof of insurance with the endorsement stating under project description "all operations resulting from informal and formally quoted projects".

• PUSD’s CUPCCAA Registration Form can be found on the District’s Purchasing Department website: https://www.powayusd.com/PUSD/media/BSS/Purchasing/CUPCCAA- CONTRACTOR-REGISTRATION-2022.pdf

• Submit a completed Contractor Registration Form to purchasing@powayusd.com prior to any submission of a bid or proposal.

https://www.dir.ca.gov/Public-Works/Contractors.html https://www.powayusd.com/PUSD/media/BSS/Purchasing/CUPCCAA-CONTRACTOR-REGISTRATION-2022.pdf https://www.powayusd.com/PUSD/media/BSS/Purchasing/CUPCCAA-CONTRACTOR-REGISTRATION-2022.pdf mailto:purchasing@powayusd.com

Instructions To Bidders 9

13. DIR REGISTRATION

No contractor or subcontractor may be listed on a bid proposal or be awarded a contract for a public works project unless they are registered with the DIR pursuant to Labor Code section 1725.5 [with limited exceptions under Labor Code section 1771.1(a)]. This project is subject to compliance monitoring, electronic certified payroll records reporting and enforcement by the DIR.

14. SIGNING OF BIDS

All bids submitted shall be executed by the bidder or its authorized representative. Bidders may be asked to provide evidence in the form of an authenticated resolution of its Board of Directors or a Power of Attorney evidencing the capacity of the person signing the bid to bind the bidder to each bid and to any contract arising therefrom.

If a Bidder is a joint venture or partnership, it may be asked to submit an authenticated Power of Attorney executed by each joint venture or partner appointing and designating one of the joint venturers or partners as a management sponsor to execute the bid on behalf of bidder. Only that joint venture or partner shall execute the bid. The Power of Attorney shall also: (1) authorize that particular joint venture or partner to act for and bind bidder in all matters relating to the bid; and (2) provide that each joint venture or partner shall be jointly and severally liable for any and all of the duties and obligations of bidder assumed under the bid and under any contract arising therefrom.

The bid shall be executed by the designated joint venture or partner on behalf of the joint venture or partnership in its legal name.

15. BID GUARANTEE (BOND)

Each bid shall be accompanied by: (a) certified check made payable to the district; (b) a cashier’s check made payable to the district; or (c) a bid bond payable to the district executed by the bidder as principal and surety as obligor in an amount not less than ten percent (10%) of the maximum amount of the bid. Personal sureties and unregistered surety companies are unacceptable. The surety insurer shall be California admitted surety insurer, as defined in Code of Civil Procedure Section 995.120. If a Bidder is using anything other than a Bid Bond as their bid security as allowed herein and by code, it is required that any alternative security be physically provided to the address below in advance of the bid date and time. It is the sole responsibility of the bidder to make sure the bid security is in place with the District before the bid submission deadline. Alternative security must be delivered to: Purchasing Department located at 13626 Twin Peaks Road, Building 700, Poway, CA 92064. The apparent low bidder shall provide the original bid bond within forty-eight (48) hours following bid opening. The District reserves the right to reject the bid as non-responsive if the original bid bond is not received within this timeframe. The cash, check or bid bond shall be given as a guarantee that the bidder shall execute the contract if it be awarded to the bidder, shall provide the payment and performance bonds and insurance certificates and endorsements as required herein within ten (10) calendar days after notification of the award of the contract to the bidder. Failure to provide the required documents may result in forfeiture of the bidder’s bid deposit or bond to the district and the district may award the contract to the next lowest responsible bidder, or may call for new bids.

16. SUBMISSION OF SEALED BIDS

Once the bid and supporting documents have been completed and signed as set forth herein, they shall be placed, along with the Bid Guarantee and other required materials in an envelope, sealed, addressed, and delivered or mailed, postage prepaid to the district at the place and to the attention of the person indicated in the Notice to Bidders. No oral or telephonic bids will be considered. No forms transmitted via the internet, email, facsimile, or any other electronic means will be considered unless specifically authorized by district as provided herein. The envelope shall also contain the following in the lower left-hand corner thereof:

Bid of (NAME OF BIDDER)

BID 2027-01 DCES, HRES, TBES, LPES POUR-IN-PLACE REPLACEMENTS

Instructions To Bidders 10

Number of copies: Each bidder must submit one (1) original “hard copy” and one (1) electronic copy (.pdf on a “thumb drive”) of its bid to the district.

Only where expressly permitted in the Notice to Bidders, may bidders submit their bids via electronic transmission pursuant to Public Contract Code Sections 1600 and 1601. The acceptable method(s) of electronic transmission shall be stated in the Notice to Bidders. District reserves the right to not accept electronically transmitted bids when not specifically authorized in the Notice to Bidders, and may reject any bid not strictly complying with district’s designated methods for delivery.

17. DELIVERY AND OPENING OF BIDS

Bids will be received by the district at the address shown in the Notice to Bidders up to the date and time shown therein. The district may leave unopened any bid received after the specified date and time, and any such unopened bid may be returned to the bidder. It is the bidder’s sole responsibility to ensure that its bid is received as specified. Bids may be submitted earlier than the dates(s) and time(s) indicated.

Bids will be opened at the date and time stated in the Notice to Bidders, and the amount of each bid may be read aloud and recorded. The district may, at its sole discretion, elect to postpone the opening of the submitted bids. District reserves the right to reject any or all bids and to waive any informality or irregularity in any bid. In the event of a discrepancy between the written amount of the bid price and the numerical amount of the bid price, the written amount shall govern.

18. WITHDRAWAL OF BID

Prior to bid opening, a bid may be withdrawn by the bidder only by means of a written request signed by the bidder or its properly authorized representative. No bidder may withdraw their bid for a period of thirty (30) days after the date set for the opening of the bids.

19. BASIS OF AWARD: BALANCED BIDS

The district shall award the contract to the lowest responsible bidder submitting a responsive bid.

The district may reject any bid, which, in its opinion, when compared to other bids received or to the district’s internal estimates, does not accurately reflect the cost to perform the work. The district may reject as non-responsive any bid, which unevenly weights or allocates costs, including but not limited to overhead and profit to one or more particular bid items.

20. IDENTICAL BIDS

Pursuant to Section 20117 of the Public Contract Code, in the event there are two or more identical lowest or highest bids, as the case may be, submitted to a school district for the purchase, sale, or lease of real property, supplies, materials, equipment, services, bonds, or the awarding of any contract, pursuant to a provision requiring competitive bidding, the governing board of any school district may determine by lot which bid shall be accepted.

This means that if two (or more) bids are exactly the same in price and otherwise equal, the school district’s governing board may choose which bid to award by random selection (“by lot”) rather than by any other criteria.

21. DISQUALIFICATION OF BIDDERS: INTEREST IN MORE THAN ONE BID

No bidder shall be allowed to make, submit, or be interested in more than one bid. However, a person, firm, corporation, or other entity that has submitted a sub proposal to a bidder, or that has quoted prices of materials to a bidder, is not thereby disqualified from submitting a sub proposal or quoting prices to other bidders submitting a bid to the district. No person, firm, corporation, or other entity may submit a sub proposal to a bidder, or quote prices of materials to a bidder, when also submitting a prime bid on the same project.

Instructions To Bidders 11

22. INSURANCE REQUIREMENTS

The successful bidder shall procure the insurance in the form and in the amount specified in the contract documents. The effective and expiration dates of the contractor’s insurance policies shall correspond with the effective and expiration dates of the contract.

23. AWARD OR REJECTION OF BIDS

Once all bids are opened and reviewed to determine the lowest responsive and responsible bidder, the district may award the contract. The apparent successful bidder should begin to prepare the following documents: (1) the Performance Bond; (2) the Payment Bond; and (3) the required insurance certificates and endorsements. Once the district notifies the bidder of the award, the bidder will have seven (7) consecutive calendar days from the date of this notification to execute the contract and supply the district with all of the required documents and certifications. Regardless of whether the bidder supplies the required documents and certifications in a timely manner, the contract time will begin to run seven (7) calendar days from the date of the notification. Once the district receives all of the properly drafted and executed documents and certifications from the bidder, the district may issue a Notice to Proceed to that bidder.

The Poway Unified School District, however, reserves the right to reject any/or all bids if the district determines that it would be in its best interest to cancel the solicitation, to accept or reject any one or more items of a bid, and to waive any informality or irregularity in the bid(s) or in the bidding process. If a bid fails to conform to requirements set forth in the Notice to Bidders, or any of the other contract documents (including, without limitation, if the district determines that the bid is unintelligible, internally inconsistent, or ambiguous), the district may reject the bid as not responsive to the Notice to Bidders. The district may, but is not required to, seek information from any bidder that may resolve an ambiguity in the bidder’s bid.

24. FILING OF BID PROTESTS

Bidders may file a “protest” of a bid with the district’s Director of Purchasing. In order for a bidder’s protest to be considered, the protest must:

A. Be filed in writing within two (2) business days of the Notification of Award Recommendation.

Failure to file a timely bid protest shall constitute a bidder’s waiver of his/her right to protest the award of the contract;

B. Clearly identify the specific irregularity or accusation;

C. Clearly identify the specific district staff determination or recommendation being protested;

D. Specify, in detail, the grounds of the protest and the facts supporting the protest; and E. Include all relevant, supporting documentation with the protest at time of filing.

If the protest does not comply with each of these requirements, it will be rejected.

If the protest is considered, the district’s Director of Purchasing, or other designated district staff member, shall review the basis of the protest and all relevant information. The Director of Purchasing will provide a written decision to the protestor. The protestor may appeal the decision of the Superintendent or his/her designee, the Assistant Superintendent, Business Services.

25. WORKERS COMPENSATION

Each bidder shall submit the Contractor’s Certificate Regarding Workers’ Compensation form.

26. SUBSTITUTION OF SECURITY

The contract documents call for monthly progress payments based upon the percentage of the work completed. The district will retain five percent (5%) of each progress payment as provided by the contract documents as retention. At the request and expense of the successful bidder, the district

Instructions To Bidders 12 will substitute securities for the amount so retained in accordance with Public Contract Code Section 22300.

27. PREVAILING WAGES

The bidder to which the district awards a contract for the project, and each of that bidder’s subcontractors of any tier, shall be required to pay not less than the general prevailing rates of per-diem wages in the locality in which the work is to be performed for each craft or type of worker needed to execute the contract (“Prevailing Wages”). The successful bidder must retain copies of certified payrolls for a minimum of five (5) years from the date of completion and submit the upon request of the district or its authorized agent. A copy of the per-diem rates of Prevailing Wages shall be posted at the site of the project. Rates are available at http://www.dir.ca.gov/dlsr/pwd/index.htm.

28. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS

In accordance with the provisions of the Labor Code, contractors or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Section 1777.1 or Section 1777.7 of the Labor Code. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid to a debarred subcontractor by the contractor for the project shall be returned to the district. The contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the project.

29. PERFORMANCE BOND AND PAYMENT BOND REQUIREMENTS

Within the time specified in the contract documents, the bidder to whom a contract is awarded shall deliver to the district a Performance Bond and Payment Bond in the form supplied by the district and included in the contract documents. Failure to do so may, in the sole discretion of district, result in the forfeiture of the Bid Guarantee. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the state of California and satisfactory to the district. The Performance Bond and the Payment Bond shall be for one hundred percent (100%) of the total bid price. If the District awards the Contract or denies all bids, the security of unsuccessful bidder(s) shall be returned within thirty (30) days from the time the award or denial of all bids is made.

Note Bonds and Change orders: In the event of a change in Work or extra work that increases the project’s complexity, cost, or scope involving additional materials and labor, the Contractor shall be required to increase the Performance and Payment Bonds following a change order that increases the contract value. The Contractor shall comply with the changes in Work and extra work requirements as provided in the General Conditions (Article 47).

30. REQUEST FOR SUBSTITUTIONS

The successful bidder shall comply with the substitution request provisions set forth in the Special Conditions, including any deadlines for substitution requests, which may occur prior to the bid opening date.

31. TECHNOLOGY CLAUSE: As technology advances, it is understood that improved or enhanced products may supersede existing products in both price and performance and yet be essentially similar. The district’s requests for proposals seek to address the rapid advances in technology by allowing functionally similar or identical products that may be introduced in the future, during the term of any project, to be included under the general umbrella of compatible product lines and are thus specifically included in the district’s contract document.

http://www.dir.ca.gov/dlsr/pwd/index.htm

Instructions To Bidders 13

32. SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES AND FEES

Contractor and its subcontractors performing work under this contract will be required to pay California sales tax and other applicable taxes, and to pay for permits, licenses and fees required by the agencies with authority in the jurisdiction in which the work will be located, unless otherwise expressly provided by the contract documents.

33. EXECUTION OF CONTRACT

The bidder to whom an award is made shall execute the contract in the amount determined by the contract documents. The district may require appropriate evidence that the persons executing the contract are duly empowered to do so.

34. TERMINATION FOR CONVENIENCE

The District, upon thirty (30) calendars days written notice to Contractor, may terminate this Agreement. The District’s right to terminate under this paragraph shall be in addition to any other rights reserved to District under this Agreement.

35. TERMINATION FOR CAUSE

If the Contractor fails or neglects to supply or deliver any of said goods, articles, or services at the prices named and at the times and places as stated herein, the District may, without further notices, cancel and rescind this contract or may purchase said goods, supplies, or services elsewhere, and hold the Contractor responsible and liable for all damages which may be sustained thereby, or on account of the failure or neglect of Contractor in performing any of the terms and conditions of this contract; it being specifically provided and agreed that time shall be the essence of this Agreement.

The foregoing provisions are in addition to and not in limitation of any other rights or remedies available to the District.

36. EQUAL EMPLOYMENT OPPORTUNITY

During the performance of this contract, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

37. REQUIRED CERTIFICATIONS

Bidders, for all projects involving state funds, are required to submit the “Non-Collusion Affidavit”, “Iran Contracting Act Certification”, Certification Regarding Debarment, Suspension, and Other Responsibility Matters”, and the “Contractor Certifications.” These forms are included in this package and must be dated and signed under penalty of perjury and shall be submitted to the district. Further, by law it is the district’s responsibility to determine whether a contractor must provide fingerprint certification. Pursuant to Education Code section 45125.2, the district considers the totality of the circumstances in order to determine if fingerprinting of employees of a contractor working on a school site is required. Factors to be considered include the length of time the contractor’s employees are on school grounds, whether students are in proximity with the location where the contractor’s employees are working, and whether the contractor’s employees are working alone or with others. A determination regarding whether fingerprint certification is required is contained in the Special Conditions. These forms are included with the bid package and must be signed under the penalty of perjury and dated.

Instructions To Bidders 14

38. CALIFORNIA AIR RESOURCES BOARD (CARB) COMPLIANCE

Bidders shall submit the Certification to Comply and any initial Certificates of Reported Compliance (CRCs) for Bidder and listed subcontractors. Failure to submit the required CRCs within 24 hours of request may render a non-responsive bid. If a Bidder is claiming an exemption to CARB compliance, an explanation with detailed reasoning signed by the Contractor is required and will be reviewed for compliance by the District.

39. ADDITIVE AND DEDUCTIVE ITEMS: METHOD OF DETERMINING LOWEST BID

Pursuant to Public Contract Code section 20103.8, should this bid solicitation include additive and/or deductive items, the checked [X] method shall be used to determine the lowest bid:

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

_______ B. The lowest bid shall be the lowest total of the bid prices on the base contract and those additive or deductive items taken in the numerical order set forth in the bid.

_______ C. The lowest bid shall be the lowest total of the bid prices on the base contract and those additive or deductive items taken in order from a specifically identified list of those items that, when in the bid form and added to, or subtracted from, the base contract, are less than, or equal to, a funding amount publicly disclosed by the district before the first bid is opened.

_______ D. The lowest bid shall be determined in a manner that prevents any information that would identify any of the bidders from being revealed to the public entity before the ranking of all bidders from lowest to highest has been determined.

If no method is checked, sub-paragraph (a) shall be used to determine the lowest bid.

Notwithstanding the method used by the district to determine the lowest responsible bidder, the district retains the right to add to or deduct from the contract any of the additive or deductive items included in the bid solicitation.

40. LABOR COMPLIANCE MONITORING

In accordance with California Labor Code section 1771.4, unless exempted, all public works projects are subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR), which includes the following requirements:

A. Each contractor and subcontractor shall furnish electronically certified payroll records directly to the Labor Commissioner in accordance with the instructions and requirements posted by DIR on its website and other sources.

B. The District will have direct and immediate access to the certified payroll records submitted to DIR in order to monitor compliance, identify suspected violations and respond to Public Records Act requests.

C. At each job site, Contractor shall post the notice(s) required by California Labor Code section

1771.4(a) (2) and the California Code of Regulations.

D. The district may withhold contract payments when payroll records are delinquent or inadequate, or not submitted as required by the Labor Commissioner. The amount withheld shall be limited to those payments due or estimated to be due to the contractor or subcontractor whose payroll records are delinquent or inadequate, plus any additional amount that the Labor Commissioner has reasonable cause to believe may be needed to cover a back wage and penalty assessment

Instructions To Bidders 15 against the contractor or subcontractor whose payroll records are delinquent or inadequate.

Further, a contractor may be required in turn to cease all payments to a subcontractor whose payroll records are delinquent or inadequate until the Labor Commissioner provides notice that the subcontractor has cured the delinquency or deficiency.

E. The district shall cooperate with any investigation of suspected violations of the requirement to pay prevailing wages on all public works projects, and withhold contract payments in accordance with any lawful order by DIR or any other agency with jurisdiction over labor compliance enforcement.

F. Contractor shall provide site access to DIR personnel upon request.

G. Contractors and subcontractors listed in the bid or who are required to be identified or prequalified shall participate in a pre-job conference before commencement of the work. At the pre-job conference, applicable federal and state labor law requirements shall be discussed, and copies of suggested reporting forms furnished. A checklist, showing which federal and state labor law requirements were discussed, shall be kept for each conference.

Contractor and any subcontractors are required to review and comply with the provisions of the California Labor Code beginning with Section 1720, and the regulations of the DIR implementing those provisions as more fully discussed in the contract documents, as they may be amended from time to time. These statutory and regulatory provisions contain specific requirements, for example, concerning the determination and payment of prevailing wages, retention, inspection and auditing of payroll records, use of apprentices, payment of overtime compensation, securing of workers compensation insurance, contractor registration with DIR, and various criminal penalties or fines which may be imposed for violations of the requirements of the chapter.

Submission of a bid constitutes contractor’s representation that it has thoroughly reviewed, understands, and acknowledges these requirements, and will keep up to date on all such requirements as they may be updated or amended from time to time.

END OF INSTRUCTIONS TO BIDDERS

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Special Conditions 16

SPECIAL CONDITIONS

A. Time of Performance: The work shall be commenced on the date stated in the district's Notice to

Proceed. The work shall be completed in accordance with the scheduled dates as specified below.

District and contractor each hereby stipulate that the stated performance period is accepted as reasonable, and that no other performance period shall be acceptable unless accepted in writing (See Agreement Article 2 and General Conditions Article 6.)

Work under this contract shall be scheduled and coordinated in compliance with the following:

1. The anticipated date of the award of the contract is June 11, 2026.

2. Contractor shall complete all work and obtain all jurisdictional authorities' approval necessary to permit staff occupancy of all buildings for fixturing and outfitting no later than August 7, 2026.

3. Contractor shall complete all work and obtain all jurisdictional authorities' approval of work under this contract necessary to permit occupancy of all buildings by students and staff for classroom and school operations no later than August 7, 2026.

4. If the site will not be available after the Notice to Proceed date, contractor shall utilize this time period for administrative tasks and initial mobilization and shall coordinate such activities with district.

B. Days/Hours of Work: Work may be performed between the hours of 7:00am and 5:00pm Monday through Friday, or between 8:00am and 4:00pm on Saturday.

C. District Representative: (Ref. General Conditions Article 74 and 75). If an Architect is not hired for this project, then the General Conditions Article 74 and 75 pertain to the District Engineer or District Staff Member, in that order.

District Staff Member: The District’s Department that will oversee the project is the Facilities, Maintenance, and Operations Department. The contact for the District is: Ron Trimner, telephone

(858) 748-0010, Ext 2142.

D. Liquidated Damages: If work under this contract is not ready for the intended use within the specified time period, the agreed liquidated damages established in Article 42 of the General Conditions and Article 4 of the Agreement is one thousand five hundred dollars ($1,500) per day for each calendar date completion is delayed.

E. Fingerprinting Requirement: Pursuant to Article 13 of the General Conditions the District's Determination of Fingerprinting Requirement Application is as follows:

The District has considered the totality of the circumstances concerning the Project and as determined that the Contractor and Contractor's employees.

X : Bidders are subject to the requirements of Education Code section 45125.1 and Paragraph

(a) of Article 13 of the General Conditions.

: Bidders are not subject to the requirements of Education Code section 45125.1 and Paragraph (b) of Article 13 of the General Conditions.

F. Request for Substitutions: (Item 30 from Instructions to Bidders): Requests to substitute any product or material or to deviate from project specifications must be submitted to Purchasing Department no later than April 29, 2026, which is thirteen (13) days prior to the bid deadline. A decision will be rendered and issued to all potential bidders in addenda no less than seventy-two

(72) hours prior to the bid deadline.

Special Conditions 17

G. Change Orders: The Contractor shall comply with the changes in Work and extra work requirements as provided in the General Conditions (Article 47). In summary, any such extra work, change, or deduction shall be determined at the discretion of the District, and in consultation with the Project/Construction Manager and Architect. The District’s Change Order Request Form (Exhibit D) shall be used as applicable for additions and deductions to the Contract.

H. Insurance. Comply with insurance requirements as provided in the General Conditions. Before the commencement of the work, the contractor shall purchase from and maintain, in a company or companies lawfully authorized to do business in California with a financial rating of at least A- status as rated in the most recent edition of Best’s Insurance Reports, such insurance as will protect the district from claims set forth below, which may arise out of a result from the contractor’s operations…