DSA Project Inspector of Record-Request for Proposal.pdf

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Attached to
DSA Project Inspector of Record-Request for Proposal
Solicitation number
2026-21-010P
Issued by
San Diego County, California

About this file

Summary

This is a Request for Proposals (RFP) issued by the Oceanside Unified School District for DSA Project Inspector and Inspector of Record services for the North Terrace Modernization project at North Terrace Elementary, located at 141 Santa Rosa Drive, Oceanside, California 92058. The project encompasses approximately 16,687 square feet of multipurpose building construction including a masonry gymnasium, wood-framed accessory areas, and structural-steel roof framing, along with approximately 24,653 square feet of two-story classroom building, a 525-square-foot Welcome Center, and site improvements including play areas, outdoor plaza, EV charging, grading, drainage, utilities, paving, landscaping, and stormwater facilities. The estimated construction budget is $45,000,000 with anticipated construction running from June 2027 through August 2029, subject to DSA approval. Preproposal requests for information are due October 19, 2026 at 2:00 PM, and proposals must be submitted by October 22, 2026 at 2:00 PM to Christopher Altstatt, Purchasing Manager. The District anticipates announcing the selection during the week of October 26, 2026. The contract will extend through completion of postconstruction services and DSA closeout activities, with potential for extension upon mutual written agreement of both parties for up to five years total.

The selected firm must provide a DSA-approved Class 1 Project Inspector with continuous inspection coverage throughout preconstruction, construction, and postconstruction phases, requiring approximately 40 preconstruction hours, 4,952 construction phase hours, 80 weekend work hours, and 180 postconstruction and DSA closeout hours. Fee proposals must include 2027, 2028, and 2029 hourly rates for standard work, overtime, and holiday coverage, plus travel costs, with payment based on actual authorized services at contracted rates subject to the not-to-exceed amount. Insurance requirements include $1,000,000 combined single-limit general liability and automobile coverage, $5,000,000 professional liability coverage including employment practices, and $1,000,000 aggregate Sexual Abuse and Molestation coverage. Evaluation will be based on firm qualifications and comparable experience (25 points), proposed personnel, certifications, and availability (35 points), technical approach, reporting, and closeout (25 points), fee reasonableness and cost control (20 points), and references and proposal responsiveness (25 points), for a total of 130 possible points. The project is located on the Camp Pendleton Marine Corps Base and will require compliance with applicable federal requirements and DBIDS access procedures.

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OUSD | North Terrace Modernization | DSA PROJECT INSPECTOR / INSPECTOR OF RECORD SERVICES

Oceanside Unified School District | RFP 2026-21-010P | 1

REQUEST FOR PROPOSALS

DSA PROJECT INSPECTOR / INSPECTOR OF RECORD SERVICES

NORTH TERRACE MODERNIZATION

RFP Number RFP 2026-21-010P

Issue Date October 9, 2026

Preproposal RFI’s Due October 19, 2026 at 2:00 PM

Proposals Due October 22, 2026 at 2:00 PM

Anticipated Notice of Selection Week of October 26, 2026

Submit to: Christopher Altstatt, Purchasing Manager | christopher.altstatt@oside.us | (760) 966-4427

1. Formal Notice of Request for Proposals NOTICE IS HEREBY GIVEN that the Oceanside Unified School District, acting through its Governing Board, invites qualified firms to submit proposals for DSA Project Inspector / Inspector of Record services for the North Terrace

Modernization project at North Terrace Elementary, 141 Santa Rosa Drive, Oceanside, California 92058. The complete

RFP, exhibits, reference documents, and addenda will be available at the District procurement posting locations identified before issuance. Proposals must be received by the date, time specified in the table above. The District may reject late proposals.

The District may reject any or all proposals, waive immaterial irregularities, request clarifications, cancel or reissue the solicitation, and select the proposal determined to be in the District’s best interest, subject to applicable law and District policy.

2. Project Information Item Description

Project North Terrace Modernization

Location North Terrace Elementary, 141 Santa Rosa Drive, Oceanside, CA 92058

Estimated Construction Budget $45,000,000

Anticipated Construction June 2027 through August 2029, subject to DSA approval and change

2.1 Construction Summary

• Approximately 16,687-square-foot multipurpose building with masonry gymnasium, wood-framed accessory areas, structural-steel roof framing, kitchen, classrooms, platform, bleachers, locker rooms, and restrooms.

• Approximately 24,653-square-foot, two-story classroom building with covered exterior walkways, wood framing, concrete topping slabs, elevator, and steel stairs.

• Approximately 525-square-foot Welcome Center.

• Site improvements including play areas, outdoor plaza, EV charging, grading, drainage, utilities, paving, landscaping, and stormwater facilities.

Oceanside Unified School District | RFP 2026-21-010P | 2

3. Scope of Services The selected firm shall provide a DSA-approved Class 1 Project Inspector and any approved assistant inspectors required for continuous inspection. Services include preconstruction review of approved documents and DSA requirements; startup meetings and DSA box administration; continuous inspection during all required construction activities; inspection-request processing; daily reports, photographs and drawing/specification references; noncompliance identification and tracking; coordination of special inspection, materials testing, geotechnical services, and off-site fabrication inspection; weekly OAC meeting attendance; maintenance of project inspection cards and required DSA records; final inspection and punch-list support; verified reports; certification support; and delivery of a complete indexed closeout record.

4. Proposal Content

• Signed cover letter identifying the legal firm’s name, address, primary contact, authorized signer, and acknowledgment of addenda.

• Executive summary describing the proposer’s understanding, approach, principal strengths, and availability.

• Firm qualifications, organization, relevant licenses/certifications, and comparable DSA and K-12 experience.

• Proposed team, roles, resumes, certifications, current assignments, availability, and backup staffing.

• Technical approach and work plan addressing mobilization, coordination, reporting, quality control, cost control, schedule coverage, and DSA closeout.

• At least three comparable projects and three client references.

• Completed fee proposal, hourly rates, estimated hours or quantities, reimbursable assumptions, escalation, overtime, travel, exclusions, and total not-to-exceed fee.

• Representative sample reports and logs.

5. Minimum Qualifications The primary IOR shall hold a current DSA Class 1 Project Inspector certification and be eligible for project-specific DSA approval. The proposed IOR shall demonstrate recent experience on comparable K-12 projects involving masonry, structural steel, multistory construction, phased work on an operating campus, and DSA closeout. The firm shall provide qualified backup and assistant-inspector capacity.

6. Fee Proposal Phase / Service Estimated Hours 2027 Rates Extended

Fee

Preconstruction 40

Construction Phase 4952

Weekend Work Allowance 80

Postconstruction / DSA Closeout 180

Total Not-to-Exceed Fee

Rates 2028 Rates 2029 Rates

Standard Rate

Overtime Rate

Holiday Rate

Travel Costs

Estimated hours and quantities are provided for proposal scoring only and do not guarantee utilization. Payment will be based on actual authorized services at contracted rates, subject to the executed agreement and not-to-exceed amount.

Additional services require prior written District authorization.

Oceanside Unified School District | RFP 2026-21-010P | 3

7. Insurance and Contract Requirements The selected consultant shall execute the District Professional Services Agreement (Exhibit A) included as an exhibit and provide all insurance and endorsements required by that agreement before beginning services. The current agreement requires:

• $1,000,000 minimum combined single-limit general liability and automobile coverage, including a separate additional insured endorsement.

• $5,000,000 minimum professional liability coverage, including employment practices coverage.

• $1,000,000 aggregate Sexual Abuse and Molestation coverage, unless the District determines and documents that the agreement’s exemption applies.

• Any other certificates, endorsements, evidence of coverage, and contractual requirements stated in the agreement.

8. Evaluation and Selection The District will first evaluate demonstrated competence, qualifications, proposed personnel, relevant experience, approach, availability, references, responsiveness, and ability to perform the required services. Fee information will be considered for reasonableness, completeness, cost control, and overall value. The District may interview firms, check references, request clarification, and negotiate scope and compensation with the highest-ranked firm. If a satisfactory agreement cannot be reached, the District may terminate negotiations and proceed to the next-ranked firm.

Criterion Weight

Firm qualifications and comparable experience 25 POINTS

Proposed personnel, certifications, and availability 35 POINTS

Technical approach, reporting, and closeout 25 POINTS

Fee reasonableness, completeness, and cost control 20 POINTS

References and proposal responsiveness 25 POINTS

TOTAL POSSIBLE POINTS: 130 POINTS

9. Proposal Withdrawal and Modification A proposer may withdraw its proposal by delivering a written request signed by an authorized representative before the proposal deadline. A withdrawn proposal may be revised and resubmitted before the deadline. After the deadline, a proposal may not be withdrawn or materially modified except as permitted by the District or applicable law. District-requested clarifications shall not provide a proposer an unfair competitive advantage.

10. Nondiscrimination The District does not discriminate in the consideration or award of contracts. The selected consultant shall comply with the nondiscrimination requirements in the District Professional Services Agreement, applicable federal and California law, and District policy, and shall require like compliance by its subcontractors and subconsultants.

11. Award, Approval, and Authorization to Proceed Selection, ranking, notice of intent to award, or fee negotiation does not create a contract, authorize services, or obligate the District. Any award is contingent upon successful negotiation, approval by the District’s Governing Board or authorized designee as required, execution of the District agreement, receipt and acceptance of required insurance and other contracting documents, issuance of a purchase order when required, and written authorization to proceed. No payment will be due for services performed before all required approvals and authorization.

Oceanside Unified School District | RFP 2026-21-010P | 4

12. General Information

• Proposal preparation, delivery, interview, and negotiation costs are the proposer’s responsibility.

• Only written addenda issued by the District modifies the RFP.

• The selected consultant will be an independent contractor and shall comply with the attached agreement, applicable licensing, background-clearance, site-access (DBIDS), safety, recordkeeping, and audit requirements.

• DBIDS: This Project is located on the Camp Pendleton Marine Corps Base, and the selected proposer will be subject to and must comply with applicable federal requirements and regulations

• Key personnel may not be substituted without prior written District approval and, where applicable, DSA approval.

• No work beyond the authorized scope or not-to-exceed amount may be performed without prior written District authorization.

13. Proposer Acknowledgment By signing below, the proposer acknowledges review of the RFP, exhibits, reference documents, and addenda; certifies that the proposal is complete and accurate; identifies all exceptions; agrees that the proposal remains valid for 90 days after the due date; and represents that the signer is authorized to bind the firm.

Firm Legal Name

Business Address

Authorized Representative

Title

Signature

Date

Addenda Acknowledged

14. Proposal Submittal Checklist

• ☐ Signed cover letter and addenda acknowledgment

• ☐ Executive summary

• ☐ Firm qualifications

• ☐ Proposed team, resumes, certifications, and availability

• ☐ Technical approach and work plan

• ☐ Comparable projects and references

• ☐ Completed fee proposal and rate schedule

• ☐ Assumptions, exclusions, exceptions, and requested agreement revisions

• ☐ Insurance compliance statement

• ☐ Sample reports and logs

• ☐ Signed Proposer Acknowledgment

• ☐ 2) Hard Copies

• ☐ 1) Thumb Drive

Oceanside Unified School District | RFP 2026-21-010P | 5

EXHIBIT A

Professional Services

Agreement Template

Contract #

OCEANSIDE UNIFIED SCHOOL DISTRICT

Professional Services Agreement

This agreement (“Agreement” or “Contract”) is made and entered into this , 20 , between the OCEANSIDE UNIFIED SCHOOL DISTRICT, a California public school district, hereinafter referred to as the “District” and , hereinafter referred to as the “Consultant” or “Contractor.”

California Government Code section 53060 authorizes a school district to contract with and employ persons for the furnishing to the District of special services and advice in financial, economic, accounting, engineering, legal, operative or administrative matters if such persons are specifically trained and experienced and competent to perform the special services required. The services provided under this contract are for

Consultant agrees to provide the District the services enumerated in Section 6 of this Agreement under the following terms and conditions:

1. Contract Time. Services shall begin on , 20 , and shall terminate upon , 20 , unless earlier terminated as provided for herein.

The parties may agree to extend the term of this Agreement for an additional three (3) years, one (1) year at a time, upon mutual written agreement of both parties before the expiration date of the contract. In no event shall the term exceed five (5) years. Neither the Contractor nor the District is required to renew this contract in subsequent contract years.

The District’s Board of Education will need to approve the renewal of any contract.

2. Independent Status. Consultant understands and agrees that they and/or all of their employees are Independent Consultants and are not entitled to benefits of any kind or nature normally provided employees of the District and/or to which District employees are normally entitled, including, but not limited to, State Unemployment Compensation or Workers’ Compensation. Consultant shall assume full responsibility for payment of all federal, state and local taxes or contributions including Unemployment Insurance, Social Security and Income Taxes with respect to Consultant’s employees. The parties agree that:

(1) Consultant shall be responsible for the control and direction of its own employees and personnel in the performance of the services under this Agreement; (2) the Consultant’s personnel shall only perform work that is outside the usual course of the District’s business;

and (3) Consultant’s personnel shall be engaged in business independent of the District.

Consultant shall defend and indemnify the District against any claim by any worker that it is actually an employee of the District.

3. Materials. Consultant shall furnish, at his own expense, all labor, materials, equipment and other items necessary to carry out the terms of this Agreement.

4. Indemnity. To the fullest extent permitted by law, Consultant agrees to defend, indemnify and hold harmless the District, its Governing Board, employees and agents from any and all liability or loss arising in any way out of Consultant’s performance of this Agreement, including, but not limited to any claim due to injury and/or damage sustained by Consultant, and/or the Consultant’s employees or agents.

5. Insurance. Consultant shall provide District with a Certificate of Insurance including a separate additional insured endorsement showing a minimum $1,000,000 combined single limits of general liability and automobile coverage as required by the State of California. Consultant shall provide District with a Certificate of Insurance showing a minimum $5,000,000 professional liability coverage (including employment practices coverage). Consultant shall also obtain Sexual Abuse and Molestation coverage specially for the perils of molestation, sexual misconduct, or allegations of sexual abuse in an amount not less than $1,000,000 aggregate.

If the below box is checked, Consultant is exempt from providing Sexual Abuse and Molestation coverage.

□ Consultant’s employees will have no contact or interaction with District pupils outside of the immediate supervision and control of the pupil’s parent or guardian or a school employee. Accordingly, Consultant is exempt from obtaining Sexual Abuse and Molestation Insurance.

6. Services. Services to be rendered to the District by the Consultant are as follows:

By Completing service as per proposal and/or scope of work dated , 20 , as defined within Exhibit “A” attached.

Site account number to be charged:

Unit Cost of Services: $

Monthly Cost of Service $

Annual Not to Exceed Cost of Services: AMOUNT $

The standard of care for the performance of such services shall be the standard of care generally accepted in Consultant’s industry. Consultant warrants that Consultant, and all of its employees and subconsultants, if any, are qualified to perform the services and hold any licenses, permits, approvals, and/or qualifications so required.

7. Assignment. Neither party shall assign or delegate any part of this Agreement without the written consent of the other party.

8. Compliance. The work completed herein must meet the approval of the District and shall be subject to the District’s general right of inspection and supervision to secure the satisfactory completion thereof. Consultant agrees to comply with all Federal, State, Municipal and District laws, rules and regulations, including but not limited to guidelines related to COVID19, that are now, or may in the future become applicable to Consultant, Consultant’s business, equipment and personnel engaged in operations covered by this Agreement or accruing out of the performance of such operations.

9. Payments and Invoicing. Payments will be made by the District to the Consultant for services satisfactorily performed as follows:

Invoicing shall be submitted monthly for services performed in the previous 30-day billing period.

Invoices submitted shall be accompanied by a detailed time summary for the amount being submitted for payment. Where a percent complete is called out on the invoice, a detailed summary for the equivalent shall also accompany the invoice. To the extent that District has approved any expenses as reimbursable, such expenses shall be listed on the invoice and supported by proper documentation. Undisputed amounts of such invoices shall be paid within 30 days of presentation and approval of the monthly invoice for these services on the project. Failure to bill in a timely manner could result in rejection of your invoice at the District’s discretion.

10. Termination. Upon a breach of this Agreement by either party, the non-breaching party may terminate the contract by notifying the breaching party, in writing, no less than three (3) days prior to the date of termination. The District may also terminate this Agreement for convenience upon thirty (30) days written notice to the Consultant.

11. Records. District shall become the owner of and entitled to exclusive possession of all records, documents, graphs, photographic or other reproductions of any kind produced as part of or resulting from this Agreement and no other uses thereof will be permitted except by permission of the District. District shall have all right, title, and interest in said matters, including the right to secure and maintain the copyright, trademark and/or patent of said matter in the name of the District. District may use Consultant’s name in conjunction with the sale, use, performance, and distribution of the matters for any purpose and in any medium.

12. Nondiscrimination. It is the policy of the District that in connection with all work performed under contracts there be no discrimination against any employee engaged in the work because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status and therefore the Consultant 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 and District policy. In addition, the Consultant agrees to require like compliance by all its subcontractor(s).

13. Fingerprinting of Employees. The parties shall refer to Attachment A, labeled

"Fingerprinting and Criminal Background Check Certification", to determine if fingerprinting and a criminal records check are required under California Education Code section 45125.1. The District may require the Consultant and its employees who may have contact with pupils to submit to additional background checks at the District’s sole and absolute discretion.

14. Audit. Contractor shall establish and maintain books, records, and systems of account, in accordance with generally accepted accounting principles, reflecting all business operations of Contractor transacted under this Agreement. Contractor shall retain these books, records, and systems of account during the term of this Agreement and for three (3) years thereafter.

Contractor shall permit the District, its agent, other representatives, or an independent auditor to audit, examine, and make excerpts, copies, and transcripts from all books and records, and to make audit(s) of all billing statements, invoices, records, and other data related to the Services covered by this Agreement. Audit(s) may be performed at any time, provided that the District shall give reasonable prior notice to Contractor and shall conduct audit(s) during Contractor’s normal business hours, unless Contractor otherwise consents.

15. No Rights in Third Parties. This Agreement does not create any rights in, or inure to the benefit of, any third party except as expressly provided herein.

16. Waiver. The waiver by either party of any breach of any term, covenant, or condition herein contained shall not be deemed to be a waiver of such term, covenant, condition, or any subsequent breach of the same or any other term, covenant, or condition herein contained.

17. Entire Contract. This Contract supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof, and no other agreement, statement or promise relating to the subject matter of this Contract which is not contained herein shall be valid or binding.

18. Disputes. Any and all disputes that arise out of this Agreement shall first be resolved by good faith negotiations between the parties with the assistance of non-binding mediation. In the event either party determines that they are not able to resolve the dispute through negotiation and mediation, then the dispute shall be submitted to binding arbitration in accordance with the American Arbitration Association. Pending resolution of the dispute, Contractor agrees it will neither rescind the Agreement nor stop the performance of the services.

19. Severability. In the event that any provision of this Contract is held invalid or unenforceable by a court of competent jurisdiction, no other provision of this Contract will be affected by such holding, and all of the remaining provisions of this Contract will continue in full force and effect, unless to do so would invalidate the intent of the parties in entering into this Contract.

20. Amendments. The terms of this Agreement shall not be modified, supplemented, or amended in any manner whatsoever except by written agreement signed by both parties.

21. Governing Law. This Agreement shall be governed by and the rights, duties and obligations of the parties shall be determined and enforced in accordance with the laws of the State of California and venue shall be appropriate in San Diego, California.

22. Notice. Any notice required or permitted to be given under this Agreement shall be deemed to have been given, served, and received if given in writing and either personally delivered or deposited in the United States mail, registered or certified mail, postage prepaid, return receipt required, or sent by overnight delivery service, or facsimile transmission, to the addresses set forth herein.

23. Captions and Interpretations. Paragraph headings in this Agreement are used solely for convenience and shall be wholly disregarded in the construction of this Agreement. No provision of this Agreement shall be interpreted for or against a party because that party or its legal representative drafted such provision, and this Agreement shall be construed as if jointly prepared by the parties.

24. Counterparts. This Agreement and all amendments and supplements to it may be executed in counterparts, electronic or otherwise, and all counterparts together shall be construed as one document.

25. Drug-Free / Smoke-Free Policy. No drugs, alcohol, and/or smoking are allowed at any time in any buildings and/or grounds on District property. No students, staff, visitors, Contractors, or subcontractors are to use controlled substances, alcohol or tobacco on these sites.

26. Force Majeure. In the event either party is unable to perform its obligations under the terms of this Contract because of acts of God, strikes, pandemics, or other such events reasonably beyond the parties’ control, such non-performing party shall not be liable for damages resulting from such failure to perform; provided, however, that such nonperforming party must notify the other party of its inability to perform due to a force majeure event and must resume performance as soon as is reasonably practicable thereafter.

27. Contract Contingent on Board Approval. The District shall not be bound by the terms of this Agreement until it has been formally approved by the District’s Governing Board, and no payment shall be made or owed to Contractor absent that formal approval. This Agreement is deemed approved when it has been signed by the Governing Board and/or the Superintendent or designee thereof, and each person signing this Contract warrants that they have such authority to sign.

CONTRACTOR

Signature of Authorized Agent Typed or Printed Name

Social Security or Taxpayer I.D. No. (Area Code) Telephone Number

DISTRICT USE ONLY

Approval of Project Manager

Printed Name Signature

Approval of Project Controller

Date

Printed Name Signature

Approval of Program Manager

Date

Printed Name Signature Date

*Approval of Human Resources Administrator

Printed Name Signature Date

*Approval of Fiscal Services Administrator

Printed Name Signature Date

*Approval of Associate Superintendent

Printed Name Signature Date

*Approvals of Human Resources, Fiscal Services, and Associate Superintendent are required if the amount of the contract is $5,000.00 or more.

7 | 13

ATTACHMENT A

FINGERPRINTING AND CRIMINAL BACKGROUND CHECK CERTIFICATION

(District to check appropriate box and Contractor REQUIRED to complete.)

One of the boxes below must be checked, and an executed copy of this form must be attached to the Professional Services Agreement (“Agreement”):

□ Contractor’s employees will have no contact or interaction with District pupils outside of the immediate supervision and control of the pupil’s parent or guardian or a school employee. Accordingly, the fingerprinting and criminal background investigation requirements of Education Code section

45125.1 shall not apply to Contractor’s services under this Agreement.

□ Contractor’s employees will have contact or interaction with District pupils outside of the immediate supervision and control of the pupil’s parent or guardian or a school employee. Accordingly, the fingerprinting and criminal background investigation requirements of Education Code section

45125.1 apply to Contractor’s services under this Agreement, and Contractor certifies its compliance with these provisions as follows: “Contractor certifies that the it has complied with the fingerprinting and criminal background investigation requirements of Education Code section 45125.1 with respect to all Contractor’s employees, subcontractors, agents, and subcontractors’ employees or agents (“Employees”) regardless of whether those Employees are paid or unpaid, concurrently employed by the District, or acting as independent contractors of the Contractor, who may have contact with District pupils, outside of the immediate supervision and control of the pupil’s parent or guardian or a school employee, in the course of providing services pursuant to the Agreement, and the California Department of Justice has determined that none of those Employees has been convicted of a felony, as that term is defined in Education Code section 45122.1. A complete and accurate list of all Employees who may have unsupervised interaction with District pupils during the course and scope of the Agreement is attached hereto.”

WHEN A CONTRACTOR PERFORMS A CRIMINAL BACKGROUND CHECK, IT SHALL

IMMEDIATELY PROVIDE ANY SUBSEQUENT ARREST AND CONVICTION INFORMATION IT RECEIVES TO

ANY LOCAL EDUCATIONAL AGENCY THAT IT IS CONTRACTING WITH

PURSUANT TO THE SUBSEQUENT ARREST SERVICE.

□ Contractor’s services under this Agreement shall be limited to the construction, reconstruction, rehabilitation, or repair of a school facility, and Contractor’s employees shall have only limited contact with students. Accordingly, the requirements of Education Code section 45125.2 shall not apply to Contractor’s services under this Agreement.

□ Contractor’s services under this Agreement shall be limited to the construction, reconstruction, rehabilitation, or repair of a school facility, and Contractor’s employees will have contact, other than limited contact, with District pupils. Pursuant to Education Code section 45125.2, District shall ensure the safety of the pupils by at least one of the following as marked:

□ The installation of a physical barrier at the worksite to limit contact with pupils.

□ Continual supervision and monitoring of all Contractor’s on-site employees of Contractor by an employee of Contractor, , whom the Department of Justice has ascertained has not been convicted of a violent or serious felony.

□ Surveillance of Employees by District personnel.

Megan’s Law (Sex Offenders). Contractor shall verify and continue to verify that the employees of Contractor that will be on the project site and the employees of the subcontractor(s)that will be on the project site are not listed on California’s “Megan’s Law” website, www.meganslaw.ca.gov.

MUST BE COMPLETED BY CONTRACTOR’S AUTHORIZED REPRESENTATIVE:

I am a representative of the Contractor entering into this Agreement with the District and I am familiar with the facts herein certified and am authorized and qualified to execute this certificate on behalf of Contractor.

CONTRACTOR

By:

Name:

Title:

Date:

http://www.meganslaw.ca.gov/

MUST BE COMPLETED BY DISTRICT’S AUTHORIZED REPRESENTATIVE:

As an authorized District official, I am familiar with the facts herein certified and am authorized to execute this certificate on behalf of the District.

DISTRICT

By:

Name:

Title:

Date:

OCEANSIDE UNIFIED SCHOOL DISTRICT

ABC Test: Independent Contractor v. Employee

Use the following checklist to determine whether a worker meets the definition of an independent contractor for classification purposes of the Labor Code, Unemployment Insurance Code, and the wage orders of the Industrial Welfare Commission. Please note that in order for the worker to be classified as an independent contractor, all three elements of the test must be met.

Yes No

A. Is the worker free from the control and direction of the District in connection with the performance of the work, both under the contract for the performance of the work and in fact?

B. Is the worker performing work that is outside the usual course of the District’s business?

C. Is the worker engaged in a customarily independently established trade, occupation, or business of the same nature as that involved in the work performed?

If the answer to any of the above was “No,” the worker is an employee for the purposes of the Labor Code, the Unemployment Insurance Code, and the wage orders of the Industrial Welfare Commission. If all of the answers to the above were “Yes,” the worker is an independent contractor.

By signing below, the Contractor and District Representative certify that they have reviewed District guidelines, and that the information is true and correct.

Contractor further agrees to indemnify and hold harmless the District, its Board, trustees, officers, agents, representatives, employees, and volunteers from all employment-related claims arising out of the employment relationship between the District and Contractor or Contractor’s sub-contractors or employees, including claims of misclassification under Labor Code section 2775.

District and Contractor acknowledge Labor Code section 2775 and its potential impact on independent contractor relationships. District and Contractor agree that (a) Contractor will remain free from the control and direction of the District in connection with the performance of the Services; (b) the scope of work contemplated by this Agreement is outside the usual course of the District’s business; and (c) Contractor is customarily engaged in an independently established trade, occupation, or business of the same nature as the Services performed under this Agreement. Notwithstanding the provisions of section 2775, Contractor desires to maintain independent contractor status.

Contractor Signature Date

District Representative Date

261-215/6069152.1

EXHIBIT A

(Vendor proposal attached for reference and line-item purposes only. Exhibit A does not supersede preceding contract documents in this packet.)

PLEASE ATTACH CERTIFICATE OF LIABILITY INSURANCE HERE

1. Formal Notice of Request for Proposals
2. Project Information
2.1 Construction Summary
3. Scope of Services
4. Proposal Content
5. Minimum Qualifications
6. Fee Proposal
7. Insurance and Contract Requirements
8. Evaluation and Selection
9. Proposal Withdrawal and Modification
10. Nondiscrimination
11. Award, Approval, and Authorization to Proceed
12. General Information
13. Proposer Acknowledgment
14. Proposal Submittal Checklist

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