San Bernardino City Unified School District 777 North F Street

San Bernardino, CA 92410

INVITATION FOR BID

BID NO. 27-09 INFRASTRUCTURE EQUIPMENT, CABLING AND SERVICES

Electronic Bid Posting Cover Sheet

Proposal Due Date

Tuesday, October 27, 2026

RESPONSES MAY BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/sbcusd

San Bernardino City Unified School District

INVITATION FOR BID

Bid No. 27-09 Infrastructure Equipment, Cabling and Services

I. NOTICE INVITING BIDS

II. INSTRUCTION TO BIDDERS

III. GENERAL CONDITIONS

IV. SCOPE OF WORK

V. VENDOR SUBMISSIONS

VI. PRICING TABLE

I. NOTICE INVITING BIDS

NOTICE IS HEREBY GIVEN that the San Bernardino City Unified School District of San Bernardino County, State of California, acting through its Governing Board, hereafter referred to as the “District”, is soliciting electronic proposal submittals through its OpenGov e-Procurement web portal in response to : Bid No. 27-09 Infrastructure Equipment, Cabling and Services

Vendors who are desirous of securing a copy of the Bid documents may do so by logging into the District’s website at: https://procurement.opengov.com/portal/sbcusd?status=all

Bid responses must conform and be responsive in accordance with the Bid Documents posted through the District’s “OpenGov” website portal. Bids must be submitted electronically up to but not later than 11:00 am on Tuesday, October 27, 2026 through the OpenGov eProcurement Portal.

Contract award is contingent upon availability of funds. Local, Minority and Disabled Veterans Businesses are specifically encouraged to respond. The District reserves the right to accept or reject any or all proposals, and to accept or reject any item, to withdraw a line item or entire Bid, and to waive any irregularities or informalities in the Bid document(s). The District may award any, all, or none of this Bid

By: Corey DeBrule, Buyer

1st Publication: September 29, 2026

2nd Publication: October 6, 2026

Request for Clarification: October 20, 2026 at 11:00 a.m.

Virtual Public Proposal Opening: Tuesday, October 27, 2026 at 11:00 a.m.

https://meet.google.com/fin-bqzh-hgf

Note: Late entry will not be permitted.

I.A Summary

The San Bernardino City Unified School District (SBCUSD), through its Information Technology Department, is soliciting responses from qualified Contractors for Bid No. 27-09 for Infrastructure Equipment, Cabling and Services. The District reserves the right to order more, less, or none of the quantity indicated on the OpenGov pricing table.

I.B Background

The San Bernardino City Unified School District (SBCUSD) is the seventh-largest public school District in California, with an average enrollment of about 44,000 students. SBCUSD encompasses 105 square miles in the center of San Bernardino County, consisting of small schools in rural mountain and foothill communities and larger suburban schools in valley flatland areas. The District operates 49 elementary schools, 11 middle schools, and 10 high schools. In addition, the https://procurement.opengov.com/portal/sbcusd?status=all https://meet.google.com/fin-bqzh-hgf

District operates a continuation school, community day school, independent study schools, charter schools, and adult education and preschool programs. (For additional information on the District, log onto http://sbcusd.com).

I.C Contact Information

Corey DeBrule Buyer 777 North F St.

San Bernardino, CA 92410 Email: corey.debrule@sbcusd.k12.ca.us Phone: (909) 381-1129 Ext: 4885 Department:

Purchasing Department

I.D Timeline

1st Publication September 29, 2026

2nd Publication October 6, 2026

Request for Clarification October 20, 2026, 11:00am

Bid Submission Due Date / Opening October 27, 2026, 11:00am

II. INSTRUCTION TO BIDDERS

II.A PURPOSE.

The San Bernardino City Unified School District (SBCUSD), through its Information Technology Department, is soliciting responses from qualified Contractors for Bid No. 27-09 Infrastructure Equipment, Cabling and Services. The District reserves the right to order more, less, or none of the quantity indicated on the OpenGov pricing table.

II.B BID DUE DATE & OPEN.

The bid submission must be received on or before the time indicated in the Notice Inviting Bids.

The system will not allow responses to be uploaded after the closing date and time. A Virtual Bid opening will be conducted on the bid due date through the link provided in the Notice Inviting Bids.

http://sbcusd.com/ mailto:corey.debrule@sbcusd.k12.ca.us tel:(909)381-1129;ext=4885

It is the Vendor’s sole responsibility to ensure they have given themselves enough time to upload all required documents and answer all questions prior to the closing date and time of the bid.

Should the time expire prior to the completion of the submittal, the bid will not be accepted.

Should issues arise during the online submittal, it is imperative that the Vendor utilize the blue chat icon on the lower right-hand side of the OpenGov Procurement website. The chat icon is located on every page visited on the OpenGov Procurement website. Do not wait until the last minute to submit or ask for assistance, as staff may not be readily available.

II.C VIRTUAL BID OPENING.

Bids must be submitted electronically through OpenGov Procurement by the time and date specified in the Notice Calling for Bids. Faxed or emailed documents will not be accepted. It is the sole responsibility of the bidder to see that the bid and all required documents are received in proper time through OpenGov Procurement.

Virtual bid opening scheduled for October, 27, 2026 at 11:00 a.m. at the following link:

https://meet.google.com/fin-bqzh-hgf

Bid opening begins at 11:00 a.m. sharp. Late attendees will not be allowed in to virtual meeting room.

II.D QUESTIONS OR REQUESTS FOR CLARIFICATION.

All questions or requests for clarification regarding this bid are to be submitted online through OpenGov Procurement.

Questions and/or requests for clarification must be received no later than October, 20, 2026 at 11:00 a.m. to be considered.

Responses to questions and/or Bid clarifications will be posted on OpenGov Procurement as an addendum. It is the sole responsibility of each bidder to periodically check the website for any addenda postings. Contact with any other individual, other than a member of the District’s Purchasing Department, may be grounds for rejection. Any bid may be withdrawn by the bidder on OpenGov Procurement at any time prior to the scheduled closing time for receipt of bids.

II.E PREPARATION OF BID.

The District invites bids to be submitted through OpenGov Procurement at the time and place in accordance with the terms and conditions stated in the bid documents. All blanks in the pricing table must be appropriately filled in. All bids must be submitted online through OpenGov Procurement.

https://meet.google.com/fin-bqzh-hgf

II.F BID SECURITY.

Each bid shall be accompanied by a certified or cashier's check payable to the DISTRICT, or a satisfactory bid bond in favor of the DISTRICT executed by the bidder as principal and a satisfactory surety company as surety, in an amount of not less than ten (10) percent of the maximum amount of the bid or first year’s estimated value, whichever is greater. The check or bid bond shall be given as a guarantee that the bidder shall execute the contract, if it is awarded to him, in conformity with the contract documents and shall provide the surety bond or bonds as specified within fifteen

(15) days after notification of the "intent to award" of the contract to the bidder. Said surety shall be forfeited to the DISTRICT should the bidder to whom the Contract is awarded fail to execute the Agreement and provide said bonds within fifteen (15) calendar days of the notification of the "Intent to Award".

II.G AGREEMENT AND BONDS.

The agreement form, which the successful bidder, as Contractor, will be required to execute, and the form of the payment bond, which will be required in accordance with Civil Code Section 3247 prior to execution of the agreement, are included in the contract documents and should be carefully examined by the bidder. The payment bond shall be in the amount of one hundred (100) percent of the contract. The contractor will also be required to furnish a performance bond in the amount of one hundred (100) percent of the amount of the contract prior to execution of the contract. The lowest responsible bidder shall have 15 calendar days from the date of the notification of the “Intent to Award,” to assemble properly executed bonds and signed agreements and return them to the Purchasing Department. Failure to meet this suspense will result in the bidder being “non-responsive” and be cause for rejection of their bid. The bond holder must have a “Best” rating of “A” or higher.

II.H ELECTRONIC BID/PAYMENT/PERFORMANCE BONDS

The District may accept payment and performance bonds in electronic form. Electronic bonds shall have the same legal force and effect as original paper bonds and shall be issued by a California admitted surety insurer. Electronic signatures shall comply with applicable California law and shall be capable of independent authentication and verification.

Each electronic bond shall include or provide access to the applicable Power of Attorney and sufficient information for the District to verify the authenticity of the bond, identity and authority of the signatory, and integrity of the electronically executed document. The District reserves the right to independently verify any electronic bond directly with the surety or issuing agent and to require additional documentation when necessary to establish authenticity.

II.I BID SUBMISSION AND BID SHEET.

By submitting an online bid, Contractor warrants that the individual is duly authorized to sign or enter into a contract on behalf of the proposer.

II.J EXAMINATION OF BID SPECIFICATIONS AND CONTRACT DOCUMENTS.

Bidders shall thoroughly examine and be familiar with any drawings and/or specifications. The failure or omission of any bidder to receive or examine any contract documents, form, instrument, addendum, or other documents. The submission of a bid shall be taken as prima facie evidence of compliance with this section.

II.K INTERPRETATION OF PLANS AND DOCUMENTS.

If any person 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 the District online through OpenGov Procurement. Questions and/or requests for clarification must be received no later than October 20, 2026, at 11:00 a.m. to be considered. Any interpretation or correction of the contract documents will be made only by addendum and made available online through OpenGov Procurement. It is the bidder’s responsibility to acknowledge all addenda made. No oral interpretation of any provision in the contract documents will be made to any bidder.

II.L MODIFICATIONS.

Changes in or additions to the bid, recapitulations of the work bid upon alternative proposals, or any other modifications of the bid that are not specifically called for in the contract documents may result in the DISTRICT's rejection of the bid as not being responsive to the invitation to bid.

No oral or telephonic modifications of any bid submitted will be considered.

II.M 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 unless alternate bids are specifically called for. A person, firm, or corporation 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 proposal or quoting prices to other bidders or making a prime proposal.

II.N WITHDRAWAL OF BIDS.

Any bid may be withdrawn by the bidder by selecting the “Unsubmit Proposal” button at any time prior to the scheduled closing time for receipt of bids. No bidder may withdraw their bid for a period of sixty (60) days from the bid opening.

II.O AMBIGUITY OR ERROR.

If a bidder discovers any ambiguity or error, such as a conflict, discrepancy, omission, or other errors in the Bid documents, bidder shall immediately notify the District through OpenGov Procurement Question and Answer section. Questions and/or requests for clarification must be received no later than October 20, 2026, at 11:00 a.m. to be considered.

II.P BID EVALUATION CLARIFICATION.

The District reserves the right to obtain clarification of any point in a bidder’s submittal or to obtain additional information. The District reserves the right to conduct on District site, telephone or email, conversations with the bidders to clarify bid proposals and other documents, ask questions or obtain additional information. The bidder’s inability to respond to this request may be cause for disqualification of their bid.

II.Q CONTRACT TYPE.

This is a contract for as-needed Infrastructure Equipment, Cabling and Services districtwide. The initial term of the Agreement is for one (1) year from the date of Board approval. The term of the Agreement may be extended upon mutual consent of the District and Contractor(s) for an additional four (4) one (1) year periods. The maximum term of the Agreement is five (5) years.

The initial estimated dollar value of this contract is anticipated to be $600,000.00. The total contract, including any extensions, is estimated not to exceed $3,000,000.00. The District reserves the right to award all, part, or none of this bid and estimated contract amount. The District reserves the right to purchase more than, less than, or none of the quantities indicated, as needed, throughout the duration of the contract or any extensions on an item-by-item basis. The District reserves the right to add additional contract dollar amounts throughout any term of the bid extension. Bid prices to remain firm throughout any contract term or extension, except for inflationary adjustment which may be approved by the District at its sole discretion annually.

II.R PRICE ESCALATION.

After the initial one (1) year term, prices may increase in accordance with the terms of this price escalation clause. The successful bidder shall provide written justification to the District of an annual increase, if any, by means of a ninety (90) day advance written notice.

A maximum price increase of no more than five (5%) percent per year, or in accordance with the U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price Index – All Urban Consumers Los Angeles, all items, for Los Angeles/Riverside/Orange County, twelve (12) months percentage change, whichever is less, may be negotiated subject to the existing market conditions and approval by the District.

The successful bidder must substantiate such price increases by providing documentation that is acceptable and at the sole discretion of the District in order to justify the increase. Bidders are required to update the list pricing provided with their original proposal to the District at the time of the agreed-upon increase for these products.

II.S PRICE DECREASE.

Bidders are required to pass price reductions immediately through to the San Bernardino City Unified School District as the market price drops for these products throughout the duration of the bid award and any extensions. In addition, the District reserves the right to extend this bid for additional years under any price decreases provided by the successful bidder if it is in the best interest of the District.

II.T FUNDS.

Contract award is contingent upon availability of funds.

II.U ALTERNATES.

If alternate bids are called for, the contract may be awarded, at the election of the governing board, to the lowest responsible bidder on the base bid or on the base bid and any alternate or combination of alternates.

II.V ACCURACY OF MEASUREMENTS.

Contractor is responsible for the accuracy of any measurements required to establish the not to exceed project costs. The District reserves the right to verify or challenge all measurements prior to payments. All projects will have a Not-to-Exceed, which will be strictly adhered to by the contractor.

II.W TIE BID.

In the event that there are two or more identical lowest or highest bids, as the case may be, submitted to the District, a decision will be made in accordance with Public Contract Code 20117.

II.X AWARD OF CONTRACT.

The District reserves the right to reject any or all bids or to waive any irregularities or informalities in any bids, or in the bidding. The award of the contract, if made by the District, will be to the lowest responsible bidder thereof. District reserves the right to award all or part of this contract to the lowest responsible bidder(s). The District reserves the right to award to one, or to multiple vendors, and may award any, all or none of this bid. In addition, the District may award all of the bid and refrain from entering into an agreement or placing orders for any or all of the items awarded. The award is subject to acceptance by the District’s Board of Education. If there is a discrepancy between the unit price bid and the extended price, unit prices shall prevail.

The following documents will be required of the successful Respondent(s):

A. Manufacturer's Certified Installer/Contractor Agreement, submit with proposal

B. Manufacturer's Certificate, submit with proposal

C. Registered Communications Distribution Designer (RCCD), submit with proposal

D. Manufacturer's Training Certificate for Copper Systems, submit with proposal

E. Manufacturer's Training Certificate for Fiber Optic Systems, submit with proposal

F. Voice Data Video Certification, submit with proposal

G. Construction Safety and Health Training, submit with proposal

H. Documentation for References and Projects, submit with proposal

I. Contractor's License, submit with proposal

J. District’s Vendor Application, submit with proposal

K. W-9 Tax Form, submit with proposal

L. Non-Collusion Affidavit, submit with proposal

M. Equal Opportunity Certification, submit with proposal

N. DIR PWC-100 Form, submit with proposal

O. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion, submit with proposal

P. Notification of Asbestos Related Information, submit with proposal

Q. Contractor's Certificate Regarding Hazardous Materials, submit with proposal

R. Contractor's Qualification Statement, submit with proposal

S. Certificate Regarding Workers' Compensation, submit with proposal

T. Designation of Subcontractors, submit with proposal

U. Iran Contracting Act Certification, submit with proposal

V. Acceptance of Board Policy 4119, submit with proposal

W. Drug-Free Workplace, submit with proposal

X. Conflict of Interest and Disclosures, submit with proposal

Y. Financial Records, upon award, if requested

Z. Signed District agreement form, upon award

AA. Fingerprint and Criminal Background Check Certification, upon award

BB. Bid Bond, submit with proposal

CC. Payment Bonds/Performance Bonds, upon award

DD. Signed District agreement form, upon award

EE. Certificate of Insurance, upon award

II.Y EVIDENCE OF RESPONSIBILITY.

The District may request a copy of the most recent audited financial statement attesting to the financial stability of the respondent during the evaluation stage of the Bid process. If requested, the document must be submitted and received within 5 days of the request in a sealed envelope addressed to: Attention Corey DeBrule, Buyer, at 777 N F Street, San Bernardino, CA 92410, with the Proposer’s Company Name, Bid Number, Bid Title, and marked “Financial Statement” clearly indicated on the outside of the envelope. Alternatively, the financial document may be submitted via email to Corey.DeBrule@sbcusd.k12.ca.us as instructed by the District. The District treats all financial statements as proprietary and confidential.

II.Z LIQUIDATED DAMAGES.

Work shall be commenced on or before the date stated in the District’s Notices to the Contractor to proceed and shall be completed by the Contractor in the time frame specified. If the work is not completed in accordance with the foregoing, it is understood that the District will suffer damage, it is agreed that the Contractor shall pay to the District as fixed and Liquidated damages, and not as a penalty, the sum stipulated in the amount of Two Hundred dollars ($200.00) per calendar day that the work remains incomplete beyond the completion date.

II.AA CONTRACTOR'S QUALIFICATION STATEMENT.

In order for the District to determine the successful bidder, the bidder shall upload online through OpenGov Procurement, at the time he uploads his/her bid:

a. A completed Contractor's Qualification Statement form. The form is furnished with the contract documents. Failure to successfully complete this form may be cause for rejection of the bid.

b. Proof on the Contractor's Qualification Statement that the bidder has been in business under the same license and company name for at least five consecutive years and shall have successfully completed at least five similar, both dollar amount and scope of work, projects to those being bid.

II.BB LISTING SUBCONTRACTORS.

Each bidder shall submit a list of the proposed subcontractors on this project as required by the Subletting and Subcontracting Fair Practices Act (Government Code Section 4100 et seq.). Forms for this purpose are furnished with the bid documents.

II.CC SCOPE OF WORK.

The Contract for the listed work above will include the labor and materials for the period of the contract. The contractor shall furnish the required labor, materials, equipment, and supplies necessary to complete, in the time frame established by the District, all work defined under this scope of work and work specifications. The contractor will utilize experienced workmen, while providing full-time supervision at all times.

II.DD KEY PROCEDURE.

If, during the course of this contract, it becomes necessary to issue the contractor keys to District property, it will be done in accordance with established procedures through Maintenance and

Operations located at 956 West 9th Street, San Bernardino, CA 92411. A refundable cash deposit will be collected prior to the issuance of any keys. The contractor will be responsible for any losses incurred while the facilities are under their care, custody, or control. Contractor is additionally bound by State Penal Code Section 469 that prohibits duplication of keys. Reimbursable costs to the District for rekeying school sites for any unreturned master keys will be charged to the contractor.

Please note: $200.00 Cash deposit is required for each key checked out. Keys will be made available by appointment only at 8:00AM or 2:00PM by contacting Maintenance and Operations at (909) 388-6100.

II.EE FINGERPRINT REQUIREMENTS.

Upon award of the Contract, the Contractor will be required to comply with the San Bernardino City Unified School District's fingerprinting requirements.

II.FF EQUAL OPPORTUNITY.

The bidder shall certify that he is an Equal Opportunity Employer and has made a good faith effort to improve minority employment and agrees to meet federal and state guidelines. No discrimination shall be made in the employment of persons upon public works in this project because of the sex, race, color, national origin or ancestry, religion, or handicap of such personnel.

II.GG DEBARMENT, SUSPENSION, & EXCLUSION.

The successful bidder shall certify, that neither it nor its principals is presently debarred, suspended, proposed for debarment; declared ineligible, or voluntarily excluded from participation in the transaction by any Federal department agency. It further agrees by submitting this bid that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contract and subcontracts. Were the bidder or any lower tier participant is unable to certify to this statement; it shall attach an explanation to this bid.

II.HH EVALUATION PERIOD.

After bid opening, the contents of any proposal shall not be disclosed as to be made available to competing entities during the evaluation process.

II.II BID PROTEST.

Vendors may protest a contract award if he/she believes that the award was inconsistent with Board policy or the Bid/RFP specifications or was not in compliance with law. The protest must be filed in writing with the Superintendent or designee within five working days after receipt of notification of the contract award. The bidder shall submit all documents supporting or justifying the protest. A bidder's failure to timely file a protest shall constitute a waiver of his/her right to protest the award of the contract.

The bidder may appeal the Superintendent or designee’s decision to the Board. The Superintendent or designee shall provide reasonable notice to the bidder of the time for Board consideration of the contract award. The Board’s decision shall be final.

III. GENERAL CONDITIONS

III.A QUALIFIED WORKERS.

All persons employed in the performance of this work shall be especially skilled for the kind of work for which they are employed and shall work under the direction of competent supervision.

III.B HOURS OF WORK.

As provided in Article 3 (commencing at Section 1801), Chapter 1, Part 7, Division 2 of the Labor Code, eight (8) hours of labor shall constitute a legal day of work. The time of service of any worker employed at any time by the contractor or by any subcontractor on any subcontract under this contract upon the work or upon any part of the work contemplated by this contract is limited and restricted to eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon this public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half times the basic rate of pay.

A. Every contractor and subcontractor shall keep an accurate record showing the name of and actual hours worked each calendar day and each calendar week by each worker employed in connection with the work of any part of the work contemplated by this contract. The record shall be kept open at all reasonable hours to the inspection of the District and to the Division of Labor Law Enforcement, Department of Industrial Relations of the State of California.

B. The contractor shall pay to the District a penalty of twenty-five dollars ($25) for each worker employed in the execution of this contract by the contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any calendar day and forty (40) hours in any one calendar week in violation of the provision of Article 3 (commencing at Section 1810), Chapter 1, Part 7, Division 2 of the Labor Code.

C. Any work necessary to be performed after regular working hours or on Saturdays or Sundays or other holidays shall be performed without additional expense to the District.

III.C MATERIAL QUALITY AND SUBSTITUTIONS.

The Contractor shall furnish and use new materials for every part of the work unless otherwise specified. Whenever, in the specifications, any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such specification shall be deemed to be used for the purpose of facilitating description of material, process, or article desired and shall be deemed to be followed by the words "or equal," and Contractor may, unless otherwise stated, offer any material, process, or article which shall be substantially equal or better in every respect to that specified, then Contractor shall furnish material, process, or article specified. Any materials, processes, or articles offered by the Contractor as substitutes must be specified by grade, patent, or proprietary name or manufacturer and submitted with the bid.

Complete descriptive literature and specifications must be submitted with the bid. Failure to upload/provide literature or specifications of a proposed substitution may be grounds for rejection of the bid as not being responsive. The burden of proof as to the equality of any material, process, or article shall rest with the Contractor. The District shall be the sole judge as to whether substitutes are equal and/or meet District requirements. In the event the Contractor furnished material, process, or article is more expensive than that specified, the difference in cost of such material, process, or article so furnished shall be borne by the Contractor. (No asbestos-containing material will be accepted).

III.D INSPECTION.

All materials furnished and all work done under these specifications shall be subject to rigid inspection by the District inspector. Said inspector, employed by the District, will be assigned to the work. Inspector’s duties are specifically defined in Section 34 of Title 21. All work shall be under observation of said Inspector. Inspector shall have free access to any or all parts of the work at any time. Contractor shall furnish Inspector reasonable opportunities for obtaining such information as may be necessary to keep fully informed respecting progress and manner of work and character of materials. Inspection of work shall not relieve contractor from any obligation to fulfill this contract. Inspector shall have authority to stop work whenever provisions of contract documents are not being complied with, and contractor shall instruct employees accordingly.

Whenever contractor desires to work at night, on weekends, holidays, or outside the hours of 7:00 am-3:30 pm, 48 hours’ notice shall be given to the Director of Maintenance & Operations so that inspection of completed work can be provided.

III.E PERMITS AND LICENSES.

The contractor shall obtain all permits and licenses that are required by the City of San Bernardino and/or the County of San Bernardino for the performance of the work and shall give all notices necessary in connection therewith, and pay all fees relating thereto, and all costs and expenses incurred on account thereof, and deliver certificates of same to the District upon completion.

III.F LAWS AND REGULATIONS.

All bidders are required to comply with all Federal, State, County, and City laws, ordinances and regulations whether or not referred to herein.

III.G PRECAUTIONS.

The contractor shall take all precautions at all times to avoid injury or damage to any person or persons or any property and, upon completion of the work or at times as directed, replace premises and adjacent property in a satisfactory condition, as directed.

III.H NUISANCES.

Attractive nuisances shall not be permitted on district property. Contractor' s tools, equipment, and materials must not be left unsecured or unattended on site. Personal transportation vehicles, not essential to the performance of the job, shall not be parked or driven on campus.

Professional decorum must be maintained at all times. Worker dress, conduct, language, and noise must be appropriate for a school site. District policy prohibits the use of tobacco products on District property.

III.I UNATTENDED EQUIPMENT.

The contractor shall not leave any machinery or equipment unattended if it is possible for children or any person other than employees of the contractor or subcontractors to start the machinery and operate the equipment. Any damage to persons or property which directly or indirectly results from failure to comply with this provision shall be reimbursed by the contractor by payment to the District or to any other person or persons named by the District.

III.J MAINTENANCE OF SITE.

The contractor shall properly clean the work site as it progresses, as directed during construction;

rubbish shall be removed and, at completion, the whole work site shall be cleaned and all temporary construction, equipment, and rubbish shall be removed from the site, with all areas being left in a clean and safe condition satisfactory to the District.

III.K EXPERIENCE.

The bidder, by submitting a bid, indicates that he has the ability to fulfill the terms and conditions of the bid and has been successful in supplying the products and/or services associated with this bid for a period of at least five (5) years.

III.L PROOF OF INSURANCE.

The contractor shall not commence work or allow any subcontractor to commence work under this contract until all required insurance and certificates have been delivered in duplicate to and approved by the District. District shall be named as a co-insured in all said insurance policies.

Certificates and insurance policies shall include the following clause:

"This policy shall not be canceled or reduced in required limits of liability of amount of insurance until notice has been mailed to the District stating date of cancellation or reduction. Date of cancellation or reduction may not be less than thirty (30) days after date of mailing notice."

"Certificates of insurance shall state in particular those insured, extent of insurance, location, and operation to which insurance applies, expiration date, and cancellation and reduction notice."

III.M INSURANCE REQUIREMENTS.

I. General Liability:

a) Commercial General Liability with limits of not less than $1,000,000 per occurrence or claim, and $2,000,000 Aggregate for Bodily Injury, Personal and Advertising Injury and Property Damage.

b) Contractor’s insurance to be primary and noncontributory.

c) 30-day notice of intent to cancel, non-renew, or make material change in coverage.

d) School District to be covered as Additional Insured for all ongoing and completed operations.

II. Automobile Liability:

a) $1,000,000 Combined Single Limit of Liability for Bodily Injury and Property Damage per accident.

b) Coverage to include “Owned, Non-Owned, and Hired” automobiles.

c) 30-day notice of intent to cancel, non-renew, or make material change in coverage.

III. Professional Liability (Errors & Omissions):

a) $1,000,000 per claim.

b) 30-day notice of intent to cancel, non-renew, or make material change in coverage.

c) “Additional Insured” is not required.

IV. Workers’ Compensation/Employer’s Liability:

a) Workers’ Compensation insurance as required by the state of California with a Certificate of Insurance indicating “statutory” limits.

b) 30-day notice of intent to cancel, non-renew, or make material change in coverage.

c) Employer’s Liability, $1,000,000 per accident for bodily injury or disease.

V. Sexual Abuse or Molestation:

a) Sexual Abuse or Molestation $1,000,000 per occurrence, and $3,000,000 aggregate.

Certificate of Insurance – Insurance is to be placed with a California admitted surety with a current A.M. Best’s rating of no less than A-VII unless otherwise acceptable to the District. Provider shall furnish the District with a certificate of insurance prior to commencing services. Policy must include San Bernardino City Unified School District, its trustees, officers, employees and agents and California Schools Risk Management named as “Additional Insured” in Certificates of Insurance.

*Please Note: The District is aware that the above-listed insurance requirements may increase the cost of the Proposer’s proposal. All proposed costs should be inclusive of these requirements.

III.N WORKERS' COMPENSATION INSURANCE.

The Vendor shall provide, during the life of this contract, workers' compensation insurance for all employees hired by the Vendor and engaged under this contract on or at the site of the project and, in case any of the work is sublet, the Vendor shall require the subcontractor similarly to provide workers' compensation insurance for all the latter's employees. Any class of employees not covered by a subcontractor's insurance shall be covered by the Vendor’s insurance. In case any class of employees engaged in work under this contract, on or at the site of the project, is not protected under Workers' Compensation Statute, the Vendor shall provide or shall cause the subcontractor to provide adequate insurance coverage for the protection of such employees not otherwise protected. The Vendor shall file with the District certificates of insurance protecting workers.

III.O PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE.

The contractor shall take out and maintain during the life of this contract such public liability and property damage insurance as shall protect the contractor and District from all claims for personal injury, including accidental death, as well as from all claims for property damage arising from operation under this contract, in amounts set forth in the Agreement. The contractor shall require the subcontractors, if any, to take out and maintain similar public liability and property damage insurance in appropriate amounts.

III.P FIRE INSURANCE.

The Contractor shall maintain and cause to be maintained fire insurance on all work subject to loss or damage by fire. Amounts of fire insurance shall be sufficient to protect against loss or damage in full until work is accepted by the District.

III.Q HOLD HARMLESS AGREEMENT.

The Vendor agrees to and does hereby indemnify and hold harmless the District, its 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 property, or (3) any other loss, damage, or expense arising under either (1) or (2) above, sustained by the Vendor and any person, firm, or corporation employed by the Vendor upon or in connection with the work called for in this agreement except for liability for damages referred to above which results from the sole negligence or willful misconduct of the District, its officers, employees, agents, or independent vendors who are directly employed by the District or for defect in design furnished by such persons.

b. Any injury to or death of persons or damage to property sustained by any person, firm, or corporation, including the District, arising out of or in any way connected with the work covered by this agreement, whether said injury or damage occurs either on or off school District property, except for liability for damages which result from the sole negligence or willful misconduct of the District, its officers, employees, agents, or independent vendors who are directly employed by the District, or for defects in design furnished by such persons.

c. The Vendor, at his own expense, cost, and risk, shall defend any and all actions, suits, or other proceeding that may be brought or instituted against the District, its officers, agents, or employees on any such claim, demand, or liability and shall pay or satisfy any judgment that may be rendered against the District, its officers, agents, or employees in any action, suit, or other proceeding as a result thereof.

III.R COVENANT AGAINST GRATUITIES.

The Bidder warrants by submitting a bid that no gratuities (in the form of entertainment, gifts, or otherwise) were offered or given by the Bidder or any agent or representative of the Bidder, to any officer or employee of the District with a view toward securing the contract or securing favorable treatment with respect to any determinations concerning the performance of the contract. For breach or violation of this warranty, the District shall have the right to terminate the contract, either in whole or in part, and any loss or damage sustained by the District in procuring on the open market any items or service which the Bidder agreed to supply shall be borne and paid for by the Bidder. The right and remedies of the District provided in the clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under the contract.

III.S LICENSE 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. At the time of bid, and for the duration of the Contract, Contractor shall possess valid C-7 and C- 10 licenses in the State of California. Subcontractors must possess the appropriate licenses for each specialty subcontracted.

Subcontractors must possess the appropriate licenses for each specialty subcontracted.

Additionally, all General Contractors and subcontractors must verify their possession of valid license requirements of the applicable local jurisdictions including but not limited to CAL- OSHA.

III.T PAYROLL.

The contractor agrees to accept exclusive liability for the payment of any payroll taxes or contributions for unemployment insurance or old age pension or annuities which are measured by the wages, salaries, or other remuneration paid to the employees on the work.

III.U COMPLIANCE SENATE SB854.

The California Department of Industrial Relations (DIR) and Senate Bill 854 require that all contractors and subcontractors who bid or work on any public works project must register and pay an annual fee to the DIR. As of April 1, 2015, no contractor or subcontractor may bid or work on a public works project unless registered with DIR. DIR registration is required for this bid. Proof of DIR registration and compliance is to be submitted with the bid.

As stated in Labor Code Section 1771.1(a), a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section

1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. https://www.dir.ca.gov/Public- Works/Contractors.html

III.V PREVAILING WAGE RATES.

a. Pursuant to the provision of Article 2 (commencing at Section 1770), Chapter 1, Part 7, Division 2 of the Labor Code of California, the governing body of the District has ascertained the general prevailing rate of per diem wages in the locality in which this public work is to be performed, for each craft, classification, or type of worker needed to execute the contract.

b. Holiday and overtime work, when permitted by law, shall be paid for at a rate of at least one and one-half times the above specified rate of per diem wages, unless otherwise specified.

c. Contractor shall pay each worker or subcontractors engaged in work on the project not less than the wage rate listed herein, regardless of any contractual relationship.

d. Each worker needed to execute the work on the project shall be paid travel and subsistence payments, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed with the Department of Industrial Relations in accordance with Labor Code Section 1773.1(8).

e. The contractor shall, as a penalty to the District, forfeit twenty-five dollars ($25) for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing rates as determined by the director for such work or craft in which such worker is employed for any public work done under the contract by the contractor or by any subcontractor. The difference between such stipulated prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by the contractor.

f. Any worker employed to perform work on the project, which work is not covered by any classification listed in the Notice to Contractors, shall be paid not less than the minimum rate of wages specified herein for the classification which most nearly corresponds to the work to be performed by him, and such minimum wage rate shall be retroactive to time of initial employment of such person in such classification.

g. Pursuant to Labor Code Section 1773.1, per diem wages are deemed to include employer payments for health and welfare, pension, vacation, and similar purposes.

h. Contractor and each subcontractor shall keep or cause to be kept an accurate record showing the name, occupation, and actual wages paid to each worker employed in connection with this public work, which record shall be open at all reasonable hours to inspection by the District, its officers, and agents, and the Chief of Division of Labor Law Enforcement of the State Department of Industrial Relations of the State of California, its deputies, and agents.

i. Contractor shall post at appropriate, conspicuous points on the site of a project, a schedule showing all determined minimum wage rates and all authorized deductions, if any, from unpaid wages actually earned.

III.W APPRENTICES.

Apprentices of any crafts or trades may be employed, and when required by Labor Code Section 1777.5, shall be employed provided they are properly indentured to the contractor in full compliance with provisions of the Labor Code. The contractor agrees that compliance with the provision of Labor Code 1777.5 be maintained.

III.X PAYMENT & RETENTION.

The District, at its sole discretion, may withhold 5% of contract payments as follows: At such time as the work is fully completed according to the contract, an amount equal to ninety-five percent (95%) of the contract price shall be due and payable. Issuance of final payment of five percent (5%) shall be made upon satisfactory completion of the contract and with the contractor's submittal of evidence satisfactory to the District, all payrolls, material bills, and other indebtedness connected with the work have been paid in full. The District may, at its option, incrementally release retained monies upon satisfactory completion of each phase of work in accordance with the above conditions. Acceptance by the Contractor of said final payment shall constitute a waiver of all claims against the District arising from this contract.

Pursuant to Public Contract Code Section 22300, Contractor has the option to deposit securities with an escrow agent as a substitute for retention earnings withheld by District to ensure performance.

III.Y GUARANTEE/WARRANTY.

The Contractor shall guarantee for a period of one (1) year from date of completion, all work covered in this Contract against any defect which may develop during the guarantee period.

Additional guarantees for longer duration shall be provided as may be required on the plans and specifications to cover materials and/or labor. Upon notice from the District, the Contractor will repair or replace or otherwise make good said defect in a prompt manner at no additional cost to the District. In the event the Contractor fails to make the necessary repairs within a reasonable time as determined by the District, the District will proceed to have said defects repaired and made good at the expense of the Contractor, which will pay the costs and charges thereof upon demand.

III.Z EXAMINATION AND AUDIT.

The contracting parties shall be subject to examination and audit by the Auditor General of the State of California for a period of three (3) years after final payment under the agreement, as provided in Government Code Section 8546.7.

The District reserves the right, at all times, to inspect any of the work, including reviewing the Bidder’s records as well as observing work performance to determine the Bidder’s conformance with the agreement. Any failure of the District during the progress of the work to discover work not in accordance with the agreement shall not be deemed an acceptance thereof, nor a waiver of defects therein; and no payments by the District shall be construed to be an acceptance of work which is not strictly in accordance with the terms and conditions of this Agreement.

III.AA AUDIT RECORDS.

The Bidder shall keep, in accordance with Generally Accepted Accounting Principles, books, statements, accounts and records pertaining to this Agreement. The vendor will preserve the books, statements, accounts and records for a period of four (4) years after the last day of the transition period following the expiration or termination of this Agreement.

III.BB NON-EXCLUSIVE AGREEMENT.

This agreement is non-exclusive. The District retains the right to perform its own work or contract with other firms engaged in the same or similar type of work as defined in these documents at any time during the life of the contract.

III.CC DISTRICT’S RIGHT TO TERMINATE CONTRACT.

A. If the Vendor refuses or fails to complete the work or any separable part thereof with such diligence as will insure its completion within the time specified or any extension thereof, or fails to complete said work within such time, or if the Vendor should be adjudged bankrupt, or if he should make a general assignment for the benefit of his creditors, or if a receiver should be appointed on account of his insolvency, or if he should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to supply enough properly skilled workmen or proper materials to complete the work in time specified, or if he should fail to make prompt payment to Subcontractors for material or labor, or persistently disregard laws, ordinances, or instruction of the District, or otherwise be guilty of a substantial violation of any provision of the Contract, or if he or his Subcontractor should violate any of the provisions of this Contract, then the District may, without prejudice of any other right or remedy, serve written notice upon him and his surety of its intention to terminate this Contract within ten (10) days after the service of such notice.

B. Without limiting any rights which the District may have by reason of any default by Vendor hereunder, the District may suspend or terminate this Agreement in whole or in part, at any time, for any other cause, convenience, or any other reason and may suspend or abandon the execution…