Newmark ES Site Drainage Improvements.pdf

San Bernardino City Unified School District

777 North "F" Street San Bernardino, CA 92410

CUPCCAA-2026-17

Newmark ES Site Drainage Improvements

PROPOSAL DUE DATE

July 17, 2026 at 2:00 PM

SUBMIT ELECTRONIC RESPONSE TO

SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT

https://procurement.opengov.com/portal/sbcusd/projects/212583

This is a CUPCCAA bid. Only vendors/contractors that were previously approved and currently listed on the District's Informal CUPCCAA list are eligible to bid on this solicitation.

https://procurement.opengov.com/portal/sbcusd/projects/212583

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NOTICE CALLING FOR INFORMAL BIDS

Informal Bid No. CUPCCAA-2026-17

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 bid submittals through its OpenGov e-Procurement web portal in response to Informal Bid No. CUPCCAA-2026-17, Newmark ES Drainage Improvements. Bids must be submitted electronically up to but not later than Friday, July 17, 2026, at 2:00PM.

Bidders who are desirous of securing a copy of the Bid documents may do so by logging into OpenGov through the invitation link emailed to you. Bid responses must conform and be responsive in accordance with the Bid Documents posted through the District’s “OpenGov Procurement” website portal.

A mandatory Bidder’s Conference and Job Walk will be held at 9:00AM at Newmark Elementary School Front Office, 4121 N 3rd Ave, San Bernardino, CA 92407 on Tuesday June 30, 2026. Attendance is mandatory and a prerequisite for proposal submission. Any proposer who fails to attend the Job Walk will be automatically disqualified, without any further action by the District. This will be the only opportunity to inspect the site prior to award.

As of April 1, 2015, no contractor or subcontractor may bid or work on a public works project unless registered with the Department of Industrial Relations. Proof of DIR registration and compliance is required to be submitted with all bids. https://www.dir.ca.gov/public-works/PublicWorksSB854.html

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 bids, 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: Paul Ramirez, Buyer

Informal Bid Release Date: June 18, 2026 Mandatory Conference/Job Walk:

June 30, 2026 at 9:00 AM Newmark ES 4121 North 3rd Street San Bernardino, CA 92407

Request for Clarification: July 9, 2026 11:00 AM Virtual Bid Opening: July 17, 2026 2:00 PM meet.google.com/voi-auww-ayn

* Late Entry will not be permitted https://www.dir.ca.gov/public-works/PublicWorksSB854.html

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TABLE OF CONTENTS

Notice Calling for Informal Bids 2

Table of Contents 3

Scope of Work 4

Exhibit A 8

Certificates and Required Forms 9

Sample Agreement 24

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Informal Bid No. CUPCCAA-2026-17

Scope of Work

Newmark Elementary School New Drainage System Project

The San Bernardino City Unified School District (SBCUSD) invites qualified and experienced contractors to submit proposals for the installation of a new drainage system at Newmark Elementary School. The work shall be performed at Newmark Elementary School, located at 4121 N. 3rd Avenue, San Bernardino, CA 92407. The project involves the installation of a new site drainage system and sump pump system to improve drainage conditions near the preschool gate area, including related demolition, trenching, drainage piping, catch basin installation, sump basin installation, discharge piping, concrete and asphalt replacement, and site restoration.

Electrical work shown on the project plan shall be performed by SBCUSD in-house electricians and shall not be included in the contractor’s bid. The contractor shall coordinate with SBCUSD staff as needed for the electrical portion of the work.

Project Description:

The scope of work includes demolition and removal of existing concrete walk, asphalt paving, and other affected site improvements as required to install a new drainage system. Work includes installation of new drain piping, new catch basin, sump basin, sump pump system components, discharge piping, surface restoration, and related improvements as shown on the attached plan. The contractor shall field verify all dimensions, elevations, existing grades, and site conditions prior to construction.

The project shall be completed within 120 calendar days of notice to proceed.

California State License Board:

Class B - General Building Contractor or Class C-36 - Plumbing Contractor

Attachments (for reference only):

Attachment A: Newmark Elementary School New Drainage System Plan

Scope of Work:

1. Demolition and Disposal

• Sawcut and remove existing concrete walk and asphalt paving as required for the installation of the new drainage system.

• Remove existing site materials, soil, and other improvements only as necessary to complete the work shown on the project plan.

• Remove and reinstall existing chain link fence and gate as required to perform the drainage work.

• Protect existing buildings, walkways, paving, turf, trees, fencing, gates, utilities, irrigation, and other site improvements not scheduled for removal.

• Properly dispose of all removed materials, spoils, concrete, asphalt, and construction debris off-site; district dumpsters shall not be used.

2. Drainage Infrastructure

• Procure and install new drainage system components as shown on the attached plan.

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• Procure and install new drain piping, fittings, and appurtenances as required to provide a complete and functional drainage system.

• Procure and install new catch basin at the location shown on the remodel site plan.

• Install drainage piping at proper slope and alignment to provide positive drainage to the sump basin.

• Provide trench excavation, pipe bedding, backfill, and compaction in accordance with applicable standards and accepted construction practices.

• Coordinate final locations and elevations with existing site grades, walkways, asphalt paving, turf areas, and adjacent improvements.

3. Sump Basin and Pump System

• Procure and install new sump pump, basin, and associated system components as shown on the project plan and sump pump detail.

• Install discharge piping and related drainage connections required for a complete drainage system.

• Provide all components required for the sump pump installation, unless specifically noted as

District-furnished or District-installed.

• Coordinate sump pump placement and installation requirements with SBCUSD Maintenance and

Operations in-house electricians.

• Do not perform electrical conduit installation, wiring, controls, breakers, disconnects, or energizing of equipment. Electrical work shall be performed by SBCUSD in-house electricians.

4. Concrete, Asphalt, and Site Restoration

• Replace concrete walkways removed or damaged during construction.

• Replace asphalt paving removed or damaged during construction.

• Match existing grades, slopes, surface elevations, paving thickness, concrete finish, asphalt finish, and adjacent transitions unless otherwise directed by SBCUSD.

• Restore disturbed turf, soil, decomposed granite, landscape areas, and other affected surfaces to match existing conditions or better.

• Ensure finished surfaces provide positive drainage and do not create ponding, uneven transitions, or trip hazards.

• Repair any damaged created by the contractor’s operations at no additional cost to the District.

5. Electrical Coordination

• Electrical work shown on the project plan is excluded from the contractor’s scope of work.

• SBCUSD in-house electricians will perform electrical conduit, wiring, power connections, pump connections, controls, breakers, disconnects, and related electrical work.

• Contractor shall coordinate work sequencing with SBCUSD to allow District electricians access to complete their portion of the work.

• Contractor shall not energize or connect electrical equipment unless specifically authorized by

SBCUSD.

• Contractor shall coordinate system testing with SBCUSD after electrical work has been completed by District staff.

6. Temporary Facilities and Site Maintenance

• Contractor shall provide secure temporary restroom facilities.

• Maintain clean, organized, and safe work areas at all times.

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• Provide temporary barricades, fencing, cones, signage, trench plates, caution tape, and other safety measures as required to protect students, staff, visitors, and District property.

• Maintain safe pedestrian access and emergency access unless otherwise approved by SBCUSD.

• Secure all open trenches, equipment, materials, and work areas at the end of each workday.

7. Work Schedule

• Perform work during regular school hours. Work outside of normal school hours may be considered, including evenings, weekends, holidays, or school breaks, where necessary to minimize disruption to school operations.

• Coordinate all work hours, access, staging, shutdowns, deliveries, and disruptive activities with SBCUSD Maintenance and Operations prior to starting work.

• The contractor shall not interfere with school operations, student access, staff access, emergency access, or site security without prior approval from SBCUSD.

8. Closeout and Documentation

• Provide as-built documentation showing the final installed locations of drainage piping, catch basin, sump basin, discharge piping, and related components.

• Submit product data, equipment information, and manufacturer documentation for all installed drainage and sump pump components.

• Provide maintenance information for the sump basin, pump system components, catch basin, and drainage system.

• Flush, clean, and test the drainage system prior to final acceptance.

• Demonstrate that the drainage system is installed correctly and drains properly.

• Correct all deficiencies identified by SBCUSD prior to final acceptance.

9. Warranty / Guarantee:

In addition to manufacturer warranties, the contractor shall provide a one-year guarantee covering all labor, materials, workmanship, drainage system installation, sump basin installation, piping, surface restoration, and related site work. The contractor shall repair defects, settlement, ponding caused by improper installation, failed materials, or workmanship issues at no additional cost to the District during the warranty period.

10. 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. Workers dress, conduct, language, and noise must be appropriate for school site. District policy prohibits the use of tobacco products on District Property.

11. 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.

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11. 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 subcontractor 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.

12. Bid Bond.

Each bid shall be accompanied by a bid bond or certified check or cashier's check in the amount of not less than ten (10) percent of the maximum amount of the bid. Bid bonds may be submitted either as an original hard-copy bond bearing original signatures and seals, or as an electronic bond bearing verifiable electronic signatures and certifications.

For hard-copy bid bonds or checks, the original bond or check must be submitted in a sealed envelope bearing on the outside the bidder's name, bidder's address, bid name, and bid number, and delivered to:

San Bernardino City Unified School District Attn: Paul Ramirez Bid Box 777 N. F Street San Bernardino, CA 92410

The bid bond must be received no later than July 17, 2026, at 2:00 p.m. Pacific Time. It is the sole responsibility of the bidder to ensure timely delivery.

Electronic bid bonds may be submitted through the District's electronic bidding platform or as otherwise directed in the bid documents. Electronic bid bonds must contain legally enforceable electronic signatures and include authentication or certification from a recognized electronic signature provider, such as DocuSign, Adobe Sign, or a comparable platform, sufficient to verify the identity of the parties and the validity of the bond.

The District reserves the right to verify the authenticity, validity, and enforceability of any electronic bid bond with the surety company, agent, or electronic signature provider. Failure to provide a verifiable and enforceable bid bond may result in the bid being deemed non-responsive.

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EXHIBIT A

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VENDOR

APPLICATION

Purchasing Department

777 N. ‘F’ Street, San Bernardino, CA 92410 Business Name:

*Business License Number: Expiration Date:

Representative’s Name: Title:

Business Address:

Number of years in business: Email address:

Business Telephone Number: Fax Number:

Products or Services Provided:

Comments:

List of references where your company provided products/services: (Preferably other school districts) Other Schools or Business

Name/Address Contact Phone Dates of Service Products/Service

1.

2.

3.

“By signing below, I certify under penalty of perjury that the information provided is true and correct to the best of my knowledge. I understand it is the vendor’s responsibility to update the above information as needed. I further agree that as a vendor of the District this company will conform to all Federal, State, County and City laws, ordinances, codes and regulations covering the products, work or services provided, including but not limited to, obtaining a *San Bernardino City business license as required by the San Bernardino City Clerk’s Office. I understand that it is the vendor’s total responsibility to determine specific details of such requirements and warrant that all work performed, or provided, totally conforms to such legal requirements. I understand the submission of this application does not guarantee that this company will be used as a vendor for the District or requested to quote on any or all requirements. I understand the District reserves the right to use, any, or all vendors for the submission of quotes. Formal bids are advertised in The Sun newspaper’s legal ads.”

Authorized Vendor Representative Signature: Date:

Name: Title:

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NONCOLLUSION AFFIDAVIT TO BE EXECUTED

BY PROPOSER AND SUBMITTED WITH BID

STATE OF CALIFORNIA)

(Public Contract Code Section 7106)

:SS

COUNTY OF SAN BERNARDINO)

, being first duly sworn, deposes and says that he or she is of , the party making the foregoing proposal; that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the bidder has not, directly or indirectly, submitted his or her price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham proposal.

(Signature)

(Typed Name)

State of California County of

This form must be completed and submitted with your bid package.

Notarization is not mandatory

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Equal Opportunity Certification San Bernardino City Unified School District

777 N. “F” Street San Bernardino, CA 92410

(909) 381-1126

Company

Address

City State Zip

Telephone Fax

Email Number of employees

Please check one of the following categories. This company is:

Minority Owned Woman Owned Disadvantaged

Disabled Veteran Owned None of the Other Categories

Please check and complete below. This company is:

Independently Owned and Operated:

An Affiliate of Parent Company

A Subsidiary of Address

A Division of

“By signing below, I certify that we are an Equal Opportunity Employer and have made a good faith effort to improve Minority, Women and Disabled Veteran employment.

Signature

Printed Name

Title

Date

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PWC-100 Information

FORM MUST BE RETURNED WITH QUOTE

CONTRACTOR’S INFORMATION REQUIRED:

**MUST BE COMPLETED FOR ALL CONTRACTORS AND SUB-CONTRACTORS**

Contractor’s Name and Address

Contractor’s Telephone Number

Email Address

Contractor’s License Number

Registration Number given by DIR

Project Name

Project Description

Project Cost

Estimated Start Date

Estimated Completion Date

Project Superintendent Name

Classification, (please select one)

Asbestos Boilermaker Bricklayers Carpenters Carpet/Linoleum Cement Masons Drywall Finisher Drywall/Lathers Electricians Elevator Mechanic Glaziers Iron Workers Laborers Mill Wrights Operating Eng Painters Pile Drivers Pipe Trades Plasterers Roofers Sheet Metal Sound/Comm Surveyors Teamster Tile Workers

Other

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CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND

VOLUNTARY EXCLUSION

FAR Subpart 9.4—Debarment, Suspension, and Ineligibility

I am aware of and hereby certify that neither nor

Name of Bidder its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. I further agree that I will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the bidder/offer or/contractor or any lower participant is unable to certify to this statement, it shall attach an explanation to this solicitation proposal.

IN WITNESS WHEREOF, this instrument has been duly executed by the Principal of the above named bidder on the day of 20 for the purposes of submission of this Bid.

(Corporate Seal) By

Typed or Printed Name

As the awardee under this Bid, I hereby certify that the above certification remains valid As of the date of award contract, specifically, as of the _____ day of ______________ 20_____ for the purposes of this contract.

(Corporate Seal) By

Typed or Printed Name

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Subject: Notification of Asbestos Related Information

By receipt of this letter, your company is being advised of the availability of information relative to the location(s) of asbestos-containing building materials (ACBM) which your employees may come into contact with while performing services for the San Bernardino City Unified School District.

Existing Federal law, as contained in 40CFR, part 763.84(d) mandates that your workers be provided with this information before starting work in these areas. Each school facility has its own site specific “Management Plan” which contains this information. It is suggested that your workers review these documents for their work location.

The San Bernardino City Unified School District assumes no responsibility for providing your workers with training or protective equipment, which may be required by any federal, state or local regulatory enforcement agency.

Our District contact (AHERA “Designated Person”) for any questions pertinent to this subject is Environmental Safety Manager. He may be contacted at (909) 381-1192.

Potential contractors are herein notified that Hazardous Materials, which could include asbestos related substances, may be present during the construction process. Contractors are strongly encouraged to obtain a copy of the Asbestos Hazardous Emergency Response Act (AHERA) documents on file in the Environmental Safety Office and to follow recognized practices if such materials are encountered during the course of the Work.

If hazardous materials are encountered, all Work in the affected area is to immediately cease and the Environmental Safety Manager at safety@sbcusd.k12.ca.us is to be notified immediately in order to insure timely mitigation of the potential problem.

Listed below is a brief summary of sites that contain asbestos in or above the ceilings. The asbestos must not be disturbed. The asbestos material is not hazardous, unless it is disturbed, and is monitored on a periodical basis to insure it does not become a hazard. Prior to any work being done in the areas listed below please contact the Asbestos Technician at Environmental Safety Office for proper procedures.

Arrowhead Elementary Bldg. B – Above Chiller Room & Electrical Room Arrowview Middle School Bldg. A Cajon High School Bldgs. A, D, E (Except Little Theater) & Library “Old” Curtis Middle School: HS #8 Bldgs. A, D & PE Locker Rooms Lincoln Elementary Main Building San Bernardino High School Bldgs. B & Library, Auditorium (ceilings & walls) San Gorgonio High School Bldgs. A, B, C, E & Cafeteria Serrano Middle School Throughout Serrano Hills Middle School Main Building Thompson Elementary A, B, C, E

I acknowledge that our company has been notified of the opportunity to receive the above referenced information:

Company Name

Company Phone Company Fax

Company Authorized Representative (Signature) mailto:safety@sbcusd.k12.ca.us

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CONTRACTOR’S CERTIFICATE

REGARDING HAZARDOUS MATERIAL

“I certify that all the materials and supplies installed under this contract

NAME OF CONTRACT:

are free of hazardous materials.”

Official Name of Contractor

By:

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CONTRACTOR'S QUALIFICATION STATEMENT

The Undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter.

SUBMITTED TO:

ADDRESS:

SUBMITTED BY:

NAME:

ADDRESS:

PRINCIPAL OFFICE:

CORPORATION

PARTNERSHIP

INDIVIDUAL

JOINT VENTURE

OTHER

TYPE OF WORK:

General Construction

HVAC

Plumbing

Electrical

Other (please specify)

1.0 ORGANIZATION

1.1 How many years has your organization been in business as a Licensed Contractor?

1.2 How many years has your organization been in business under its present name?

1.2.1 Under what other or former names has your organization operated?

1.3 If your organization is a corporation, answer the following:

1.3.1 Date of Incorporation:

1.3.2 State of Incorporation:

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1.3.3 President's name:

1.3.4 Vice-President's name(s):

1.3.5 Secretary's name:

1.3.6 Treasurer's name:

1.4 If your

1.4.1 organization is a partnership, answer the following:

Date of organization:

1.4.2 Type of partnership:

1.4.3 Names(s) of general partner(s):

1.5 If your

1.5.1 organization is individually owned, answer the following:

Date of organization:

1.5.2 Name of Owner:

1.6 If the form of your organization is other than those listed above, describe it and name the principals:

2.0 LICENSING

2.1 List jurisdictions and trade categories in which your organization is legally qualified to do business, and indicate registration or license numbers, if applicable:

2.2 List jurisdictions in which your organization's partnership or trade name is filed:

3.0 EXPERIENCE

3.1 List the categories of work that your organization normally performs with its own forces:

3.2 Claims and Suits (If the answer to any of the questions below is yes, please attach details):

3.2.1 Has your organization ever failed to complete any work awarded to it?

3.2.2 Are there any judgments, claims, arbitration proceedings or suits pending or outstanding against your organization or its officers?

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3.2.3 Has your organization filed any lawsuits or requested arbitration with regard to construction contracts within the last five years?

3.2.4 Has your organization ever failed to pay your employees prevailing wages resulting in a citation, fine, claim, or arbitration proceeding within the last (5) five years?

3.3 Within the last five years, has any officer or principal of your organization ever been an officer or principal of another organization when it failed to complete a construction contract? (If the answer is yes, please attach details.)

4.0 REFERENCES

4.1 Trade References:

4.2 Bank References:

4.3 Surety: _______________

4.3.1 Name of bonding company:

4.3.2 Name and address of agent:

Signature Print Name

Title Date

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BIDDER’S CERTIFICATE REGARDING

WORKERS’ COMPENSATION

Labor Code Section 3700:

“Every employer except the state and all political subdivisions or institutions thereof, shall secure the payment of compensation in one or more of the following ways:

(a) By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in this State.

(b) By securing from the Buyer of Industrial Relations a certificate of consent to self-insure, which may be given upon furnishing proof satisfactory to the Buyer of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employees.”

I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provision of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

(In accordance with Article 5 [commencing at Section 1860], Chapter 1, Part Division 2 of the Labor Code, the above certificate must be signed and filed with the awarding body prior to performance of any work under this contract.)

SBCUSD – Purchasing Services Page 22 of 32

DESIGNATION OF SUBCONTRACTORS

In compliance with the Subletting and Subcontracting Fair Practices Act (Chapter 2, commencing at Section 4100, Divisions 5, Title I of the Government Code of the State of California) and any amendments thereof, each bidder shall set forth below: (a) the name and the address of the place of business of each subcontractor who will perform work or labor or render services to the prime contractor in or about the construction of the work or improvement to be performed under this contract, or a subcontractor licensed by the State of California who under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications in an amount in excess of one-half of one percent of the prime contractors total bid and (b) the portion of the work which will be done by each subcontractor under this act. The prime contractor shall list only one subcontractor for each such portion as is defined by the prime contractor in this Bid.

If a prime contractor fails to specify a subcontractor or if a prime contractor specified more than one subcontractor for the same portion of work to be performed under the contract in excess of one-half of one percent of the prime contractor's total proposal, the subcontractor shall be deemed to be fully qualified to perform that portion of work and shall perform that portion as prime contractor.

No prime contractor whose proposal is accepted shall (a) substitute any subcontractor, (b) permit any subcontractor to be voluntarily assigned or transferred or allow it to be performed by anyone other than the original subcontractor listed in the original Bid, or (c) sublet or subcontract any portion of the work in excess of one-half of one percent of the prime contractor's total proposal as to which the original Bid did not designate a subcontractor, except as authorized in the Subletting and Subcontracting Fair Practices Act. Subletting or subcontracting of any portion of the work in excess of one-half of one percent of the prime contractor's total proposed cost as which no subcontractor was designated in the original Bid shall only be permitted in cases of public emergency or necessity and then only after finding reduced writing as a public record of the authority awarding this contract setting forth the facts constituting the emergency or necessity.

Portion of Work Subcontractor Address of Business

SBCUSD – Purchasing Services Page 23 of 32

Upon Award

SBCUSD – Purchasing Services Page 24 of 32

SAMPLE AGREEMENT

PUBLIC WORKS SERVICES UNDER THE CALIFORNIA

UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT

THIS CONTRACT is made and entered into this day of , in the year (“Contract”), by and between (“Contractor”) and SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT (“District”).

Contractor and District may be referred to herein individually as a “Party” or collectively as the “Parties.”

1. Scope of Work. After the District has issued a Purchase Order and Executed Agreement, the Contractor shall perform the Work, per the Scope of Work attached for the .

2. Cost. The District shall pay to the Contractor, as full consideration for the faithful performance of the Contract, a sum not-to-exceed DOLLARS AND /100 ($ ) (“Contract Price”). Said sum being the total amount stipulated in the quotation which Contractor submitted.

3. Contract Time. Work shall be completed within ( ) consecutive calendar days from the date specified in the District’s Notice to Proceed (“Contract Time”). It is expressly understood that time is of the essence. Contractor agrees that if the Work is not completed within the Contract Time it is understood, acknowledged, and agreed that the District will suffer damage which is not capable of being calculated.

4. Insurance. Contractor, and any Subcontractors, shall have and maintain in force during the term of this Contract, the following insurance, with the minimum indicated limit:

Commercial General Liability, with Products and Completed Operations Coverage

$1,000,000 per occurrence;

$2,000,000 aggregate

Automobile Liability, Any Auto, Combined Single Limit

$1,000,000 per occurrence;

$2,000,000 aggregate

Workers Compensation Statutory limits pursuant to State law Employers’ Liability $1,000,000

Prior to any Work commencing, Contractor shall provide to the District certificate(s) of insurance (COI) and endorsements satisfactory to the District. The Contractor shall name the District and its officers, agents and employees as additional insureds on all policies with the exception of Workers’ Compensation. Contractor’s policy(ies) shall be primary; any insurance carried by the District shall only be secondary and supplemental. The policy(ies) shall not be amended or modified and the coverage amounts shall not be reduced for the duration of this Contract.

5. Agreement and Bonds. The agreement forms 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.

6. Contract Documents. This Contract entered into by this Agreement consist of the following documents, all of which are component parts of the Contract:

Terms and Conditions Notification of Asbestos Related Information Vendor Application Certificate Regarding Hazardous Materials W-9 Form Contractors Qualification Statement Non-Collusion Affidavit Certificate Regarding Workers Compensation Equal Opportunity Certification Designation of Subcontractors PWC-100 Performance Bond/Payment

SBCUSD – Purchasing Services Page 25 of 32

Contractor’s License. The Contractor shall be licensed pursuant to the California Business and Professions Code, and Be licensed to perform the work called for in the Contract Documents. Contractor must possess a valid and active Class License that shall be maintained and in good standings throughout the duration of the project.

Contractor’s CSLB No.:

DIR Registration No.:

7. Project Oversight. All Work shall be inspected and accepted by the Project Manager or District Representative

Project Manager/District Representative:

Contact Information:

8. Terms & Conditions. The Contractor agrees to comply with the Terms and Conditions attached hereto.

9. Notices. Any notice required to be given under this Agreement shall be delivered in writing to:

District:

Purchasing Department

San Bernardino, CA 92410

ATTN: Paul Ramirez

Telephone: (909) 381-1206

E-mail: Paul.Ramirez@sbcusd.k12.ca.us

Contractor:

ATTN:

Telephone:

E-mail:

Notices personally delivered or sent by e-mail shall be effective upon receipt. Notices sent by overnight delivery service shall be effective the day after delivery. Notice delivered by USPS shall be effective three (3) days after deposit in the mail.

ACCEPTED AND AGREED on the date indicated below. By signing this Contract, Contractor certifies, under penalty of perjury, that all the information provided in the Contract Documents is true, complete, and correct:

SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT

By: By:

Laura Cardenas

Director of Purchasing Services and Warehouse

Date:

Print Name:

Title:

Date:

SBCUSD – Purchasing Services Page 26 of 32

TERMS AND CONDITIONS TO CONTRACT

1. NOTICE TO PROCEED: District shall provide a Notice to Proceed to Contractor pursuant to the Contract at which time Contractor shall proceed with the Work.

2. SITE EXAMINATION: Contractor has examined the Site and certifies that it accepts all measurements, specifications and conditions affecting the Work to be performed at the Site. By submitting its bid/proposal, Contractor warrants that it has made all Site examination(s) that it deems necessary as to the condition of the Site, its accessibility for materials, workers and utilities, and Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowance of time or money will be allowed as to any other undiscovered condition on the Site.

3. EQUIPMENT AND LABOR: The Contractor shall furnish all tools, equipment, apparatus, facilities, transportation, labor, and material necessary to furnish the Services, the Services to be performed at such times and places as directed by and subject to the approval of the authorized District representative indicated in the Work specifications attached hereto.

4. SUBCONTRACTORS: Contractor agrees to bind every subcontractor by the terms of the Contract as far as such terms are applicable to subcontractor’s work, including, without limitation, all indemnification, insurance, bond, and warranty requirements. If Contractor subcontracts any part of this Contract, Contractor shall be fully responsible to the District for acts and omissions of its subcontractor and of persons either directly or indirectly employed by itself. Nothing contained in the Contract Documents shall create any contractual relations between any subcontractor and the District.

5. TERMINATION: If Contractor fails to perform the Services and Contractor’s duties to the satisfaction of the District, or if Contractor fails to fulfill in a timely and professional manner Contractor’s obligations under this Contract, or if Contractor violates any of the Terms or Provisions of this Contract, the District shall have the right to terminate this Contract effective immediately upon the District giving written notice thereof to the Contractor.

District shall also have the right in its sole discretion to terminate the Contract for its own convenience. Termination shall have no effect upon any of the rights and obligations of the parties arising out of any transaction occurring prior to the effective date of termination.

6. SAFETY AND SECURITY: Contractor is responsible for maintaining safety in the performance of this Contract. Contractor shall be responsible for complying with the District’s rules and regulations pertaining to safety, security, and driving on school grounds, particularly when children are present.

7. CHANGE IN SCOPE OF WORK: Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted by District unless such change, addition, or deletion is approved in advance and in writing by a valid change order executed by the District. Contractor specifically understands, acknowledges, and agrees that the District shall have the right to request any alterations, deviations, reductions, or additions to the Project or Work, and the cost thereof shall be added to or deducted from the amount of the Contract Price by fair and reasonable valuations. Contractor also agrees to provide the District with all information requested to substantiate the cost of any change order and to inform the District whether the Work will be done by the Contractor or a subcontractor. In addition to any other information requested, Contractor shall submit, prior to approval of any change order, its request for a time extension (if any), as well as all information necessary to substantiate Contractor’s belief that such change will delay the completion of the Work. If Contractor fails to submit its request for a time extension or the necessary supporting information, it shall be deemed to have waived its right to request such extension.

8. EXCAVATIONS OVER FOUR FEET: If this Contract includes excavations over four (4) feet, Contractor shall promptly, and before the following conditions are disturbed, notify the District, in writing, of any: (1) Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) Subsurface or latent physical conditions at the Site differing from those indicated; or (3) Unknown physical conditions at the Site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract. The District shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor's cost of, or the time required for, performance of any part of the Work shall issue a change order under the procedures described in the Contract. In the event that a dispute arises between the District and the Contractor regarding whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor's cost of, or time required for, performance of any part of the work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all Work. Contractor shall retain any and all rights provided either by Contract or by law which pertain to the resolution of disputes and protests between the contracting parties.

9. LEAD-BASED PAINT: Pursuant to the Lead-Safe Schools Protection Act (Education Code Section 32240 et seq.) and other applicable law, no lead-based paint, lead plumbing and solders, or other potential sources of lead contamination shall be utilized on this Project, and only trained and state-certified contractors, inspectors and workers shall undertake any action to abate existing risk factors for lead. Contractor must execute the Lead-Based Paint Certification, if applicable.

10. WORKERS: Contractor shall at all times enforce strict discipline and good order among its employees and the employees of its subcontractors and shall not employ or work any unfit person or anyone not skilled in work assigned to him or her. Any person in the employ of the Contractor or a subcontractor whom the District may deem incompetent or unfit shall be dismissed from the Site and shall not again be employed at Site without written consent from the District.

11. TOBACCO-FREE CAMPUS: Contractor and all their employees shall abide by the District’s Board Policy No. 3513.3, which prohibits the use of alcoholic beverages and tobacco products, of any kind and at any time, on District-owned or leased property, buildings or District vehicles.

12. DRUG FREE WORKPLACE: Contractor must execute the Certificate regarding Drug-Free Workplace, prior to Work commencing.

13. CORRECTION OF ERRORS: Contractor shall perform, at its own cost and expense and without reimbursement from the District, any work necessary to correct errors or omissions which are caused by

SBCUSD – Purchasing Services Page 27 of 32 the Contractor’s failure to comply with the standard of care required herein.

14. SUBSTITUTIONS: No substitutions of material from those specified in the Work Specifications shall be made without the prior written approval of the District.

15. CONTRACTOR SUPERVISION: Contractor shall provide competent supervision of personnel employed on the job Site, use of equipment, and quality of workmanship,

16. CLEAN UP: Debris shall be removed daily from the Premises.

The Site shall be in order at all times when work is not actually being performed and shall be maintained in a reasonably clean condition.

17. ACCESS TO WORK: District representatives shall, at all times, have access to the Work wherever it is in preparation or in progress.

Contractor shall provide safe and proper facilities for such access.

18. PROTECTION OF WORK AND PROPERTY: Contractor shall erect and properly maintain at all times, as required by conditions and progress of the Work, all necessary safeguards, signs, barriers, lights, and security persons for protection of workers and the public, and shall post danger signs warning against hazards created by the Work. In an emergency affecting life and safety of life or of Work or of adjoining property, Contractor, without special instruction or authorization from District, is permitted to act at his discretion to prevent such threatened loss or injury.

19. ASSIGNMENT OF CONTRACT: Contractor shall not assign or transfer in any way any or all of its rights, burdens, duties, or obligations under this Contract without the prior written consent of the District.

20. TIME IS OF THE ESSENCE: Time is of the essence in the performance of and compliance with each of the provisions and conditions of this Contract.

21. OCCUPANCY: District reserves the right to occupy buildings at any time before formal Contract completion and such occupancy shall not constitute final acceptance or approval of any part of the Work covered by this Contract, nor shall such occupancy extend the date specified for completion of the Work.

22. FORCE MAJEURE CLAUSE: Contractor shall be excused from performance hereunder during the time and to the extent that it is prevented from obtaining delivery, or performing by act of God, fire, strike, loss, or shortage of transportation facilities, lock-out, commandeering of materials, product, plant, or facilities by the government, when satisfactory evidence thereof is presented to the District, provided that it is satisfactorily established that the non-performance is not due to the fault or neglect of Contractor.

23. INDEMNIFICATION / HOLD HARMLESS CLAUSE: To the furthest extent permitted by California law, Contractor shall defend, indemnify, and hold harmless the District, their agents, representatives, officers, consultants, employees, and volunteers (the “indemnified parties”) from any and all demands, losses, liabilities, claims, suits, and actions (the “claims”) of any kind, nature, and description, including, but not limited to, attorneys’ fees and costs, directly or indirectly arising from personal or bodily injuries, death, property damage, or otherwise arising out of, connected with, or resulting from the performance of this Contract unless the claims are caused wholly by the sole negligence or willful misconduct of the indemnified parties. The District shall have the right to accept or reject any legal representation that Contractor proposes to defend the District.

24. PAYMENT: Contractor agrees to perform the Work provided by this Contract, and District agrees to pay Contractor for such Work in accordance with the terms of this Contract.

25. PERMITS AND LICENSES: Contractor and all of its employees, agents, and subcontractors shall secure and maintain in force, at Contractor’s sole cost and expense, all licenses and permits as are required by law, in connection with the furnishing of materials, supplies, or Services herein listed.

26. INDEPENDENT CONTRACTOR STATUS: While engaged in carrying out the Services of this Contract, the Contractor is an independent contractor, and not an officer, employee, agent, partner, or joint venture of the District. Contractor shall be solely responsible for its own Worker's Compensation insurance, taxes, and other similar charges or obligations. Contractor shall be liable for its own actions, including its negligence or gross negligence, and shall be liable for the acts, omissions, or errors of its agents or employees.

27. ANTI-DISCRIMINATION: 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, color, ancestry, national origin, or religious creed, and therefore the Contractor agrees to comply with applicable Federal and California laws including, but not limited to the California Fair Employment Practice Act beginning with Government Code Section 12900 and Labor Code Section 1735. In addition, the Contractor agrees to require like compliance by all its subcontractor(s).

28. DISABLED VETERAN BUSINESS ENTERPRISES: Section

17076.11 of the Education Code requires school districts using funds allocated pursuant to the State of California School Facility Program for the construction or modernization of a school building (SFP Funds) to have a participation of at least three percent (3%), per year, of the overall dollar amount expended each year by the school district, for disabled veteran business enterprises (DVBE). If this Contract uses School Facilities Program Funds, Contractor must submit, with its executed Contract, appropriate documentation to the District identifying the steps Contractor has taken to solicit DVBE participation in conjunction with this Contract.

29. WARRANTY/QUALITY: Unless a longer warranty is called for elsewhere in the Contract, Contractor, manufacturer, or their assigned agents shall guarantee the workmanship, product or Services performed against defective workmanship, defects or failures of materials for a minimum period of one (1) year from District’s written approval of the Work. All workmanship and merchandise must be warranted to be in compliance with applicable California energy, conservation, environmental, and educational standards.

30. CONFIDENTIALITY: Contractor shall maintain the confidentiality of all information, documents, programs, procedures, and all other items that Contractor encounters while performing the Contractor’s Services to the extent allowed by law.

This requirement shall be ongoing and shall survive the expiration or termination of this Contract and specifically includes all student, parent, and disciplinary information.

31. COMPLIANCE WITH LAWS: Contractor…