Fontana Unified School District

9680 Citrus Avenue

Fontana, CA 92335

BID NO. 25/26-0041

FOR

OLEANDER ELEMENTARY SCHOOL MODULAR

BUILDING RELOCATION & SITE IMPROVEMENTS

Bid No. 25/26-0041 Oleander Elementary School Modular Building Relocation & Site Improvements

TABLE OF CONTENTS

I. Project Information

II. Notice Inviting Bids

III. Instructions To Bidders

IV. Scope of Work

V. General Conditions

VI. Supplementary General Conditions

VII. Supplementary Conditions

VIII. PW Vendor Questionnaire, References, & Forms

IX. Bid Form

Attachments:

A - Project Manual 04-124864_SPC_A

B - Drawings 04-124864_DWG_A

1. Project Information

This project is being let in accordance with the California Uniform Public Construction Cost Accounting Act

(“CUPCCAA”) set forth in Public Contract Code section 22000 et seq. Bidders shall comply with any requirements set forth in the CUPCCAA including all guidelines and requirements in the current California Uniform Public

Construction Cost Accounting Commission Cost Accounting Policies and Procedures Manual.

License Classification: B

Contract Time: 120 calendar Days

Construction Cost Estimate: $500,000

Allowance/ Alternates: No

Liquidated Damages: $1,200.00 per calendar day

Notice Inviting Bids Post Date: March 27, 2026

Job Walk (Mandatory): April 8, 2026, 2:00pm

Oleander Elementary School, Front Office, at

8650 Oleander Ave., Fontana, Ca. 92335

Request for Information / Q & A Deadline*: April 10, 2026, 2:00pm

Addendum (if needed): April 17, 2026, 2:00pm

Bid Response Due: April 22, 2026, 2:00pm

Post Bid Interviews (if requested): TBD, if requested

Intent To Award: April 27, 2026

Tentative Award of Contract: May 6, 2026

Please note, Bids are to be submitted through the e-procurement portal at https://procurement.opengov.com/portal/fusd Bidder must also MAIL bid bond/guarantee to be received no later than the bid due and addressed to:

Fontana Unified School District, Attn: Shamica R. Nance, Sr. Director of Purchasing, 9680 Citrus Avenue.

Building #30, Fontana, CA 92335.

Please have the Bidder Name, Project Title and Project Number listed clearly on the outside of the envelope.

*If applicable, the Substitution deadline is the same day as the Request for Information (RFI)/Question & Answer deadline.

2. Notice Inviting Bids

NOTICE IS HEREBY GIVEN that the Fontana Unified School District (“District”), hereinafter referred to as the

District, will receive bids up to, but no later than 2:00 pm on Wednesday, April 22, 2026 through the

Procurement Portal at www.fusd.net/bids, proposals for the award of a contract for:

https://www.fusd.net/bids

Bid No. 25/26-0041 Oleander Elementary School Modular Building Relocation & Site Improvements

All bids shall be made and presented only on the forms presented by the District. Bids shall be received through the e-procurement portal at www.fusd.net/bids. Please scan and upload a copy of your bid bond/cashier’s check, as well as mail the original to be received no later than the bid due and addressed to: Fontana Unified

School District, Attn: Shamica R. Nance, Sr. Director of Purchasing, 9680 Citrus Avenue, Building #30, Fontana, CA 92335. Please have BID BOND, the Bidder Company Name, Project Number and Title listed clearly on the outside of the envelope. Any bids received after the time specified above or after any extensions due to material changes shall not be accepted.

A Mandatory Job Walk will be conducted on Wednesday, April 8, 2026, promptly at 2:00 P.M.. Contractors and/or their representatives, are to meet at Oleander Elementary School, front office, at 8650 Oleander Ave., Fontana, Ca. 92335. Only those bidders who attend the entire job walk will be eligible to bid this project. Late arrivals will not be permitted to participate; there will be a sign-in sheet at the job walk/bid conference.

Request for Information (RFI)/ Question & Answer deadline is: 2:00 pm on Friday, April 10, 2026. Requests for Information must be submitted through the e-procurement portal. No other questions or requests for information will be accepted after this date and time.

The Contract Time is 120 calendar days.

Each bidder shall be a licensed contractor pursuant to the California Business and Professions Code and be licensed to perform the work called for in the contract documents. The successful bidder must possess a valid and active Class B Contractor’s License, at time of bidding and licenses must be valid through project completion.

The Contractor’s California State License numbers shall be correctly entered in the bid.

Subcontractors shall be certified and licensed pursuant to California law for the trades necessary to perform the work called for in the contract documents and license must be valid through project completion.

CONTRACTOR should consult the General Conditions, Supplementary General Conditions, and General

Requirements regarding Milestones and Liquidated Damages.

Each bid must strictly conform with and be responsive to the contract documents as defined in the General

Conditions. 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.

Each bidder shall submit with its bid, on the form furnished with the contract documents, a list of the designated subcontractors on this project as required by the Subletting and Subcontracting Fair Practices Act, California

Public Contract Code Sections 4100 et. seq.

The District may request interviews from the top Contractors.

In accordance with California Public Contract Code Section 22300, the DISTRICT will permit the substitution of securities for any moneys withheld by the DISTRICT to ensure performance under the contract. At the request and expense of the CONTRACTOR, securities equivalent to the amount withheld shall be deposited with the

DISTRICT, or with a state or federally chartered bank as the escrow agent, who shall then pay such moneys to the

CONTRACTOR. Upon satisfactory completion of the contract, the securities shall be returned to the

CONTRACTOR.

Each bidder’s bid must be accompanied by one of the following forms of bidder’s security: (1) cash; (2) a cashier’s check made payable to the DISTRICT; (3) a certified check made payable to the DISTRICT; or (4) a bidder’s bond executed by a California admitted surety as defined in Code of Civil Procedure Section 995.120, made payable to the DISTRICT in the form set forth in the contract documents. Such bidder’s security must be in https://www.fusd.net/bids an amount not less than ten percent (10%) of the maximum amount of bid as a guarantee that the bidder will enter into the proposed contract, if the same is awarded to such bidder, and will provide the required Performance and

Payment Bonds and insurance certificates. In the event of failure to enter into said contract or provide the necessary documents, said security will be forfeited.

Bidders are advised that this contract is a public work for purposes of the California Labor Code, which requires payment of prevailing wages. Wage rates can be obtained from the Director of the Department of Industrial

Relations at http://www.dir.ca.gov/OPRL/dprewagedetermination.htm. All contractors bidding on a public works project must be registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5c.

The DISTRICT has obtained from the Director of the Department of Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which this work is to be performed for each craft, classification or type of worker needed to execute the contract. These per diem rates, including holiday and overtime work, as well as employer payments for health and welfare, pension, vacation, and similar purposes are available from the Director of the Department of Industrial Relations. Pursuant to California Labor Code Sections 1720 et seq., it shall be mandatory upon the CONTRACTOR to whom the contract is awarded, and upon any subcontractor under such CONTRACTOR, to pay not less than the said specified rates to all workers employed by them in the execution of the contract.

Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of

Industrial Relations. No bid will be accepted, nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded a contract, the bidder and its subcontractors, of any tier, shall maintain active registration with the

Department of Industrial Relations for the duration of the project.

This project is subject to labor compliance monitoring and enforcement of prevailing wage requirements by the

Department of Industrial Relations. The successful bidder and any listed subcontractor(s) shall be required to furnish electronic certified payroll records directly to the Labor Commissioner, Division of Labor Standards

Enforcement.

No bidder may withdraw any bid for a period of ninety (90) calendar days after the date set for the opening of bids.

Separate payment and performance bonds, each in an amount equal to 100% of the total contract amount, are required, and shall be provided to the DISTRICT prior to execution of the contract and shall be in the form set forth in the contract documents. All bonds (Bid, Performance, and Payment) must be issued by a California admitted surety as defined in California Code of Civil Procedure Section 995.120.

Any request for substitutions pursuant to Public Contracts Code Section 3400 must be made on the form set forth in the contract documents and included with the bid.

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

Fontana Unified School District Board of Education Publication Dates: March 27, 2026 and April 3, 2026

3. Instructions To Bidders http://www.dir.ca.gov/OPRL/dprewagedetermination.htm

3.1. Preparation of Bid Form

All interested Vendors are invited to submit a Bid in accordance with the terms and conditions stated in the Bid documents. Bids must be electronically submitted up to but not later than the date and time indicated in the Notice

Inviting Bids. A copy of the Bid documents can be downloaded by accessing the District’s web site at https://procurement.opengov.com/portal/fusd. Vendors are required to register for an account via the District’s e-Procurement Portal hosted by OpenGov.

The District reserves the right to reject any bid if all of the above information is not furnished. It is each bidder’s sole responsibility to ensure its bid is timely submitted and received by the District. Any bid received after the scheduled closing time for receipt of bids shall not be accepted.

3.2. Signature

The bid form, all bonds, all designations of Subcontractors, the Contractor’s Certificate, the Agreement, and all

Guarantees must be signed in permanent ink in the name of the bidder and must bear the signature in longhand of the person or persons duly authorized to sign the bid. Typed font signature will not be accepted.

If bidder is a corporation, the legal name of the corporation shall first be set forth, together with two signatures: one from the President and one from the Secretary or Assistant Secretary. Alternatively, the signature of other authorized officers or agents may be affixed, if a certified copy of the resolution of the corporate board of directors authorizing them to do so is provided to the District. Such documents shall include the title of such signatories below the signature and shall bear the corporate seal.

If bidder is a partnership, the true name of the firm shall first be set forth, together with the names of all persons comprising the partnership or co-partnership. The bid must be signed by all partners comprising the partnership unless proof in the form of a certified copy of a statement of partnership acknowledging the signer to be a general partner is presented to the District, in which case the general partner may sign.

Bids submitted as joint ventures must so state and be signed by each joint venture.

Bids submitted by individuals must be signed by the bidder unless an up-to-date power- of-attorney is on file in the

District office, in which case, said person may sign for the individual.

The above rules also apply in the case of the use of a fictitious firm name. In addition, however, where a fictitious name is used, it must be indicated in the signature.

3.3. Modifications

Changes in or additions to the bid form, recapitulations of the work bid upon, alternative proposals, or any other modification of the bid form which is not specifically called for in the Contract Documents may result in the

District’s rejection of the bid as not being responsive to the Notice Inviting Bids. No oral or telephonic modification of any bid submitted will be considered.

3.4. Erasures, Inconsistent or Illegible Bids

The bid submitted must not contain any erasures, interlineations, or other corrections unless each such correction creates no inconsistency and is suitably authenticated by affixing in the margin immediately opposite the correction the signature or signatures of the person or persons signing the bid. In the event of inconsistency between words and figures in the bid price, words shall control figures. In the event that the District determines that any bid is unintelligible, inconsistent, or ambiguous, the District may reject such bid as being non-responsive.

3.5. Examination of Site and Contract Documents

Each bidder shall visit the site of the proposed work and become fully acquainted with the conditions relating to the construction and labor so that the facilities, difficulties, and restrictions attending the execution of the work under the Contract are fully understood. Bidders shall thoroughly examine and be familiar with the drawings and specifications and all others documents and requirements that are attached to and/or contained in the Project Manual or other documents issued to bidders. The failure or omission of any bidder to receive or examine any Contract

Documents, form, instrument, addendum, or other document or to visit the site and become acquainted with conditions there existing shall not relieve any bidder from obligations with respect to the bid or to the Contract. The submission of a bid shall be taken as prima facie evidence of compliance with this Section. Bidders shall not, at any time after submission of the bid, dispute, complain, or assert that there were any misunderstandings with regard to the nature or amount of work to be done.

3.6. Withdrawal of Bids

Any Bid may be withdrawn by the Vendor by selecting the “Unsubmit Proposal” button at any time prior to the scheduled closing time for receipt of bids. Proposers are advised that the District reserves the right to amend the

Bid documents at any time. If a Vendor discovers any ambiguity or error such as a conflict, discrepancy, omission, or other errors in the Bid documents, proposer shall immediately notify the District via the OpenGov

Question/Answer tab.

No bidder may withdraw any bid for a period of ninety (90) calendar days after the date set for the opening of bids.

3.7. Agreements, Insurance and Bonds

The Agreement Form which the successful bidder, as Contractor, will be required to execute, and the forms and amounts of surety bonds and insurance endorsements which Contractor will be required to be furnished at the time of execution of the Agreement, are included in the bid documents and should be carefully examined by the bidder.

The number of executed copies of the Agreement, the Performance Bond, and the Payment Bond required is two

(2). Payment and Performance bonds must be executed by an admitted surety insurer as defined in Code of Civil

Procedure 995.120.

3.8. Interpretation of Plans and Documents/Pre-Bid Clarification

If any prospective bidder is in doubt as to the true meaning of any part of the Contract Documents, or finds discrepancies in, or omissions, a request for an interpretation or correction thereof may be submitted to the District, through the Procurement Portal. The bidder submitting the request shall be responsible for its prompt delivery. Any interpretation or correction of the Contract Documents will only be made by Addendum duly issued. Addendum will be made available through the e-procurement portal. No person is authorized to make any oral interpretation of any provision in the Contract Documents, nor shall any oral interpretation be binding on the District. If discrepancies on plans, specifications or elsewhere in the Contract Documents are not covered by addenda, bidder shall include in their bid methods of construction and materials for the higher quality and complete assembly.

Each request shall contain Specifications and/or Drawing number, if applicable, and any other pertinent information. Pre-bid clarification request shall be filed by the RFI deadline. Requests received after the deadline shall not be considered or responded to. A response to timely pre-bid clarifications requests which materially affects the bidders price will be made by Addendum issued by the District not less than seventy-two (72) hours prior to bid opening through the Procurement Portal.

SUBMITTAL OF A BID WITHOUT A REQUEST FOR CLARIFICATIONS SHALL BE

INCONTROVERTIBLE EVIDENCE THAT THE BIDDER HAS DETERMINED THAT THE BID

DOCUMENTS ARE ACCEPTABLE AND SUFFICIENT FOR BIDDING AND COMPLETING THE WORK;

THAT BIDDER IS CAPABLE OF READING, FOLLOWING AND COMPLETING THE WORK IN

ACCORDANCE WITH THE BID DOCUMENTS; AND THAT BIDDER AGREES THAT THE WORK CAN

AND WILL BE COMPLETED ACCORDING TO THE DISTRICT’S TIMELINES.

3.9. 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 prime bid for the same work unless alternate bids are specifically called for. A person, firm, or corporation that has submitted a 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.

3.10. Unidentified Conditions Allowance

A 10% Unidentified Conditions Allowance is to be added to the cost of the Project. Each bidder is to add this percentage to their base bid amount. This allowance will be used for any unforeseen necessary changes that are approved, in writing, by the District. Any portion of the allowance that is not used to be deducted from the

Project/bid amount via deductive change order. Contractor shall submit the Allowance Authorization Form included herein to obtain written approval by the District.

This allowance requirement does not apply to Unit Price bids, and no allowance is to be included in the Unit Price schedule.

3.11. 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 by action of the governing board and to the lowest responsible and responsive bidder, based on the sum of the Base Bid plus the Ten Percent (10%)

Unidentified Conditions Allowance, therefor from among those bidders responsive to the call for bids. In the event an award is made to bidder, and such bidder fails or refuses to execute the Contract and provide the required documents within five (5) calendar days after award of the Contract to bidder, the District may award the Contract to the next lowest responsible and responsive bidder or release all bidders. Each bid must conform and be responsive to the Contract Documents as defined in the General Conditions.

Award of a contract may be to more than one (1) contractor in a Unit Priced bid.

3.12. Bid Protest Procedure

Any bid protest by any bidder regarding any other bid must be submitted in writing to: Sr. Director of Purchasing, Shamica R. Nance at shamica.nance@fusd.net, not more than five (5) calendar days after receipt of written notice of the District’s intent to award to another bidder and must meet the following requirements:

a. The protest must contain a complete statement of any and all basis for the protest.

b. The protest must refer to the specific portions of all documents that form the basis for the protest.

c. The protest must include the name, address, email and telephone number of the person representing the protesting party.

The procedure and time limits set forth in this section are mandatory and are each bidder's sole and exclusively remedy in the event of bid protest. Failure to comply with these procedures shall constitute a waiver of any right to further pursue the bid protest, including filing a Government Code claim, any administrative remedies or legal proceedings.

mailto:shamica.nance@fusd.net

3.13. Alternates

If alternate bids are called for, the Contract may be awarded at the election of the Governing Board to the lowest responsible and responsive bidder using the method and procedures outlined in the Notice Inviting Bids and as specified in the section entitled Alternate/Deductive Bid Alternates.

a. Subcontractor Listing for Alternates. If alternate bids are called for and the bidder intends to use different or additional Subcontractors, a separate list of Subcontractors must be submitted for each such alternate.

3.14. Evidence of Responsibility

Upon the request of the District, a bidder whose bid is under consideration for the award of the Contract shall submit promptly to the District satisfactory evidence showing the bidder’s financial resources, surety and insurance claims experience, construction experience, completion ability, workload, organization available for the performance of the Contract, and other factors pertinent to a Project of the scope and complexity involved.

3.15. Listing Subcontractors

Each bidder shall submit with his bid, on the form furnished with the Contract Documents, a list of the names, license numbers, scopes of work, locations of the places of business, contact information, and Department of

Industrial Relations (“DIR”) registration numbers of each Subcontractor who will perform work or labor or render service to the bidder in or about the project, or a Subcontractor who under subcontract to the bidder, specially fabricates and installs a portion of the work, in an amount in excess of one-half of 1 percent of the bidder’s total bid as required by the Subletting and Subcontracting Fair Practices Act (Public Contract Code section 4100, et seq.)

Pursuant to Labor Code section 1725.5, all Subcontractors (of any tier) performing work on this Project must be properly registered with DIR.

3.16. Workers’ Compensation

In accordance with the provisions of Labor Code section 3700, the successful bidder as the Contractor shall secure payment of compensation to all employees. The Contractor shall sign and file with the District the following certificate prior to performing the work under this contract: “I am aware of the provisions of Section 3700 of the

Labor Code, which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.” The form of such certificate is included as a part of the Bid Documents.

3.17. Contractor’s License

To perform the work required by this notice, the Contractor must possess the Contractor’s License as specified in the Notice Inviting Bids, and the Contractor must maintain the license throughout the duration of the contract. If, at the time of bid, bidder is not licensed to perform the Project in accordance with Division 3, Chapter 9, of the

Business and Professions Code for the State of California and the Notice to Contractors calling for bids, such bid will not be considered and the Contractor will forfeit its bid security to the District.

3.18. Anti-Discrimination

It is the policy of the District that in connection with all work performed under contracts, there be no discrimination against any prospective or active employee engaged in the work because of race, color, ancestry, national origin, religious creed, sex, age, or marital status. The Contractor agrees to comply with applicable federal and California laws, including, but not limited to, the California Fair Employment and Housing Act, beginning with Government

Code section 12900 and Labor Code section 1735. In addition, the Contractor agrees to require like compliance by any Subcontractors employed on the work by such Contractor.

3.19. Preference for Materials and Substitutions

a. One Product Specified. Unless the Plans and Specifications state that no Substitution is permitted, whenever the Contract Documents indicate any specific article, device, equipment, product, material, fixture, patented process, form, method, construction, or any specific name, make, trade name, or catalog number, with or without the words, “or equal,” such specification shall be read as if the language “or equal” is incorporated.

b. Request for Substitution. Bidder may, unless otherwise stated, offer any material, process, article, etc., which is materially equal or better in every respect to that so indicated or specified

(“Specified Item”) and will completely accomplish the purpose of the Contract Document. If bidder desires to offer a Substitution for a Specified Item, such bidder must make a request in writing on the District’s Substitution Request Form (“Request Form”) located within the

Question and Answer section of the e-procurement portal. The completed Request Form must be submitted through the e-procurement portal at least seven (7) business days prior to the bid opening date. The Request Form must be accompanied by evidence as to whether the proposed substitution:

i. Is equal in quality, service, and ability to the Specified Item as demonstrated by a side by side comparison of key characteristics and performance criteria (CSI comparison chart);

ii. Will entail no changes in detail, construction and scheduling of related work;

iii. Will be acceptable in consideration of the required design and artistic effect;

iv. Will provide no cost disadvantage to the District;

v. Will require no excessive or more expensive maintenance, including adequacy and availability of replacement parts; and

vi. Will require no change in the Contract Time.

Any bidder requesting a substitution shall provide any and all Drawings, Specifications, samples, performance data, calculations, and other information as may be required to assist the Architect and the District in determining whether the proposed substitution is acceptable. The burden of establishing these facts shall be upon the bidder.

After the District’s timely receipt of such evidence by bidder, the District will make its final decision as to whether the bidder’s request for substitution for any Specified Items will be granted. The District shall have sole discretion in deciding as to whether a proposed request for substitution is equal to or better than a Specified Item. Any request for substitution which is granted by the District shall be issued via an addendum issued to all bidders. The District may condition its approval of any substitution upon delivery to the District of an extended warranty or other assurances of adequate performance of the substitution. Any and all risks of delay due to DSA, or any other governmental agency having jurisdiction shall be on the bidder.

3.20. Disqualification of Bidders and Proposals

More than one proposal for the same work from any individual, firm, partnership, corporation, or association under the same or different names will not be accepted; and reasonable grounds for believing that any bidder is interested in more than one proposal for the work will be cause for rejecting all proposals in which such bidder is interested and the bidder will forfeit their bid security to the District.

3.21. Unbalanced or Altered Bids

Proposals in which the prices are obviously unbalanced, and those which are incomplete or show any alteration of form or contain any additions or conditional or alternate bids that are not called for or otherwise permitted, may be rejected. A proposal on which the signature of the bidder has been omitted may be rejected. If, in the District’s sole discretion, it determines any pricing, costs or other information submitted by a bidder may result in an unbalanced bid, the District may deem such bid non-responsive. A bid may be determined by the District to be unbalanced if the bid is based on prices significantly less than cost for some work and prices which are significantly overstated in relation to cost for other work, and if there is a reasonable doubt that the bid will result in the lowest overall cost to the District even though it may be the low evaluated bid, or if it is so unbalanced as to be tantamount to allowing an advanced payment.

3.22. Employment of Apprentices

The Contractor and all Subcontractors shall comply with the provisions of California Labor Code including, but not limited to sections 1777.5, 1777.6, and 1777.7 concerning the employment of apprentices. The Contractor and all

Subcontractors shall comply with the requirements of said sections, including applicable portions of all subsequent amendments in the employment of apprentices; however, the Contractor shall have full responsibility for compliance with said Labor Code sections, for all apprenticeable occupations, regardless of any other contractual or employment relationships alleged to exist.

3.23. Non-Collusion Declaration

Public Contract Code section 7106 requires bidders to submit declaration of non-collusion with their bids. This form is included in the vendor questionnaire and must be signed and dated by the bidder under penalty of perjury.

3.24. Wage Rates, Travel and Subsistence

a. The Contractor and all Subcontractors shall comply with the requirements set forth in Division 2, Part 7, Chapter 1 of the Labor Code. Pursuant to Labor Code section 1770 et seq., the District has obtained from the Director of the Department of Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which this work is to be performed for each craft, classification or type of worker needed to execute the contract. Copies are available from the District to any interested party on request and are also available from the Director of the Department of Industrial Relations. The Contractor shall obtain copies of the above-referenced prevailing wage sheets and post a copy of such wage rates at appropriate, conspicuous, weatherproof points at the Site.

b. Any worker employed to perform work on the Project and such work is not covered by any classification listed in the published general prevailing wage rate determinations or per diem wages determined by the Director of the Department of Industrial Relations, shall be paid not less than the minimum rate of wages specified therein for the classification which most nearly corresponds to the employment of such person in such classification.

c. Holiday and overtime work, when permitted by law, shall be paid for at the rate set forth in the prevailing wage rate determinations issued by the Director of the Department of Industrial

Relations or at least one and one-half (1½) times the specified basic rate of per diem wages, plus employer payments, unless otherwise specified in the Contract Documents or authorized by law.

d. These per diem rates, including holiday and overtime work, and employer payments for health and welfare, pension, vacation, and similar purposes, are on file at the administrative office of the

District, located as noted above and are also available from the Director of the Department of

Industrial Relations. It is the Contractor’s responsibility to ensure the appropriate prevailing rates of per diem wages are paid for each classification. It shall be mandatory upon the Contractor to whom the Contract is awarded, and upon any Subcontractor under such Contractor, to pay not less than the said specified rates to all workers employed by them in the execution of the

Contract.

3.25. DIR Registration of Contractor and Subcontractors

Contractor or all Subcontractors 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 the Labor Code, 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.

This Project is a public works project as defined in Labor Code section 1720. Each Contractor bidding on this

Project and all Subcontractors (of any tier) performing any portion of the Work must comply with the Labor Code sections 1725.5 and 1771.1 and must be properly and currently registered with DIR and qualified to perform public works pursuant to Labor Code section 1725.5 throughout the duration of the Project. For more information and up to date requirements, Contractors are recommended to periodically review the DIR’s website at www.dir.ca.gov.

Contractor shall be solely responsible for ensuring compliance with Labor Code section 1725.5 as well as any requirements implemented by DIR applicable to its services or its Subcontractors throughout the term of the

Agreement and in no event shall Contractor be granted increased payment from the District or any time extensions to complete the Project as a result of Contractor’s efforts to maintain compliance with the Labor Code or any requirements implemented by DIR. Failure to comply with these requirements shall be deemed a material breach of this Agreement and grounds for termination for cause. The Contractor and all Subcontractors shall furnish certified payroll records as required pursuant Labor Code section 1776 directly to the Labor Commissioner in accordance with Labor Code section 1771.4 on at least on a monthly basis (or more frequently if required by the

District or the Labor Commissioner) and in a format prescribed by the Labor Commissioner. The District reserves the right to withhold contract payments if the District is notified, or determines as the result of its own investigation, that Contractor is in violation of any of the requirements set forth in Labor Code section 1720 et seq. at no penalty or cost to the District. Monitoring and enforcement of the prevailing wage laws and related requirements will be performed by the Labor Commissioner/ Department of Labor Standards Enforcement (DLSE).

3.26. No Telephone or Facsimile Availability

No telephone or facsimile machine will be available to bidders on the District premises at any time.

3.27. Obtaining Bidding Documents

Bidding Documents, may be obtained from:

The e-procurement portal at https://procurement.opengov.com/portal/fusd.

Bidders shall utilize a complete set of Bidding Documents in preparing a bid. The failure or omission of bidder to receive any bid document, form, instrument, Addendum, or other document shall not relieve bidder from any obligations with respect to the bid and/or Contract.

https://www.dir.ca.gov/

3.28. Addenda

Clarification or any other notice of a change in the Bidding Documents will be issued only by the District and only in the form of Addendum, through the e-procurement portal. Any other purported Addenda are void and unenforceable.

Bidder is responsible for ascertaining the disposition of all Addenda issued regardless of District notification and to acknowledge all Addenda through the e-procurement portal prior to the bid opening. Addenda is available for inspection through the e-procurement portal. Oral statements or any instructions in any form, other than Addendum as described above, shall be void and unenforceable. Addenda issued by the District must be acknowledged by the bidder. Failure to acknowledge may result in bid being deemed non-responsive.

3.29. CUPCCAA

This Project is being let in accordance with the California Uniform Public Construction Cost Accounting

(“CUPCCAA”) set forth in Public Contract Code section 22000 et seq. Bidders shall comply with any requirements set forth in the CUPCCAA including all guidelines and requirements in the current California Uniform Public

Construction Cost Accounting Commission Cost Accounting Policies and Procedures Manual. If applicable, only

Contractors included on the District’s Qualified List shall submit bids for the Project as set forth in the CUPCCAA.

3.30. Debarment

Bidder may also be subject to debarment, in addition to seeking remedies for False Claims under Government Code section 12650 et seq. and Penal Code section 72, the District may debar a Contractor if the Board, or the Board may designate a hearing officer who, in his or her discretion, finds the Contractor has done any of the following:

a. Intentionally or with reckless disregard, violated any term of a contract with the District

b. Committed an act or omission which reflects on the Contractor’s quality, fitness or capacity to perform work for the District;

c. Committed an act or offense which indicates a lack of business integrity or business honesty; or,

d. Made or submitted a false claim against the District or any other public entity (See Government

Code section 12650, et seq., and Penal Code section 72.)

4. Scope of Work

4.1. Project Scope Of Work consists of:

1. Construction of an outdoor running track.

2. Replacement of (2) Modular Classroom Buildings (Classroom-1 & Classroom-2), and (1) Modular

Toilet Room Building (Restroom-1).

3. Upgrades to the path of travel.

4. Upgrade to existing Boys and Girls Restrooms (Bldg. E2, A#14468, A#04-118215).

5. General Conditions

5.1. ARTICLE 1

1.1 BASIC DEFINITIONS

NOTE: The following shall not be construed as a comprehensive list of all definitions in the Contract Documents and there may be other definitions set forth in the Contract Documents. Additionally, any references to any DSA forms, documents or requirements shall be construed to incorporate any updates, supplements, or additions. The

Contractor shall be required to meet the latest DSA requirements applicable to the Project.

1.1.1 Action of the Governing Board is a vote of a majority of the District’s Governing Board.

1.1.2 Approval means written authorization through action of the Governing Board. The Governing board has delegated to the Assistant Superintendent the authority to approve certain modifications, Change Orders or Immediate Change Directives (subject to the limits of the delegation of authority provided by the

Board). In no case shall the Assistant Superintendent have authority to approve total Change Orders or

Modifications to the Project exceeding 10% of the Contract Sum.

1.1.3 Architect means the architect, engineer, or other design professional engaged by the District to design and perform general observation of the work of construction and interpret the Drawings and Specifications for the Project.

1.1.4 As-Builts are a set of Plans and Specifications maintained by the Contractor clearly showing all changes, revisions, substitutions, field changes, final locations, and other significant features of the Project.

The As-Builts shall be maintained continuously throughout the Work for the Project and is both a prerequisite to the issuance of Payment Application and a requirement for Contract Close-Out. (See Article 3.17)

1.1.5 Beneficial Occupancy is the point in time when a building or buildings are fit for occupancy is fit for occupancy and its intended use. Basic requirements are the building is safe, at or near Substantial

Completion, and all fire/ life safety items are approved and operational. The fact that a building is occupied does not mean that the building is ready for Beneficial Occupancy if there are elements that are unsafe or if fire/ life safety items are not approved and operational. Taking occupancy on a structure that is under a fire watch is not considered beneficial occupancy. Further, taking of Beneficial Occupancy is not a point in time when retention is due unless the entire Project or portion thereof has obtained a Certificate of Substantial

Completion that meets the definition of 1.1.46.

1.1.6 Claim. A “Claim” shall have the same meaning as in Public Contract Code sections 9204 and 20104, including the requirements of Section 9204 (c)(1) to submit a Claim to the District by registered or certified mail. In addition, a Claim shall include any disagreement involving any withholding the District makes or has provided notice to the Contractor that it intends to make from any payment that would otherwise be due to the Contractor. Notwithstanding the above, before any “Dispute” rises to the level of a Claim, the

Contractor must have complied with the applicable provisions of Articles 4.6.1 through 4.6.8, including the requirement to assemble documentation supporting the Contractor’s position. “Supporting Documentation”

(see Article 4.6.9) must be submitted with a Claim.

1.1.7 Change Order (CO). A CO is a written instrument prepared by the Architect and signed by the

District (as authorized by the District’s Governing Board), the Contractor, and the Architect, stating their agreement upon (1) A description of a change in the Work, (2) The amount of the adjustment in the Contract

Sum, if any; and (3) The extent of the adjustment in the Contract Time, if any. (See Article 7.2)

1.1.8 Change Order Request (COR). A COR is a written request supported by backup documentation prepared by the Contractor requesting that the District and the Architect issue a CO based upon a proposed change, or a change that results in an adjustment in cost, time or both, or arising from an RFP, CCD or ICD.

(See Article 7.6.)

1.1.9 Close-Out means the process for Final Completion of the Project, but also includes the requirements for the DSA Certification that the Project is Complete (See DSA Certification Guide). (See Article 9.9.)

1.1.10 Construction Change Document (CCD). A Construction Change Document is a DSA term that is utilized to address changes to the DSA approved Plans and Specifications. There are two types of

Construction Change Documents. (1) DSA approved CCD Category A for work affecting structural, access or fire/ life safety of the Project which will require a DSA approval; and (2) CCD Category B for work NOT affecting structural safety, access compliance or fire/ life safety that will not require a DSA approval (except to confirm that no approval is required). Both CCD Category A and Category B shall be set forth in DSA

Form 140 and submitted to DSA as required. (See Article 7.3.)

1.1.11 Complete/ Completion/ Final Completion means that all Work in the Contract Documents is finished, the requirements of the Contract Documents have been met, the Project has been Closed Out, and all Work has ceased on the Project. This may also be referred to as Final Completion. In most cases, the recording of a Notice of Completion shall represent Completion of the Project. Beneficial Occupancy does not mean the Work is Complete.

1.1.12 Completion Date is the date when all Work for the Project shall be Substantially Complete and is the date assigned at the end of the Contract Time for the Project.

1.1.13 Construction Manager is a consultant to the District contracted to assist in Project planning, management and construction of the Project. If there is a Construction Manager, they may assist in various aspects of the Project including, but not limited to Monitoring the progress of the construction, reviewing and monitoring the schedule, progress of work, monitoring pay requests, facilitating communications, advising the District and its Board of Education on various aspects of the construction process, monitoring the RFI, COR, CCD, ICD, RFP, Claims, Disputes and other Project related processes.

1.1.14 Contract or Agreement when the terms are used in these General Conditions shall be references to the Contract Documents as defined herein.

1.1.15 Contract Documents (sometimes referred to as Construction Documents) consist of the Agreement between District and Contractor (hereinafter the Agreement or Contract), Conditions of the Contract

(General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to bid, instructions to bidders, notice to bidders, and the requirements contained in the Bid Documents, other documents listed in the Agreement, and Modifications issued after execution of the Contract. A Modification is a written amendment to the Contract signed by parties, a Change Order, a Construction Change Document, or a written order for a minor change in the Work issued by the Architect. The Contract Documents collectively form the Contract. The Contract represents the entire and integrated Agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral. The

Contract may be amended or modified only by a written Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind between the Architect and Contractor, between the

District and any Subcontractor or Sub-subcontractor, or between any persons or entities other than the

District and the Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect’s duties.

1.1.16 Contract Time is the time period specified in the Contract Documents in which the Project shall be completed. This is sometimes referred to a Contract Duration, or “time in which the Contractor has to complete the Project”. (See Article 8.1.1.)

1.1.17 Contractor, District, and Architect are those mentioned as such in the Agreement. They are treated throughout the Contract Documents as if they are of singular number and neuter gender. Any reference to

“Owner” shall mean “District” or the Fontana Unified School District.

1.1.18 Cure is the act of remedying a material failure to perform under the terms of the Contract Documents during the time provided to correct Contractor’s Default. Specific time periods are provided to Cure and

Correct a Contractor Default under Article 14 and for a Partial Default under Article 2.2 as well as elsewhere in the Contract Documents.

1.1.19 Days mean calendar days unless otherwise specifically stated.

1.1.20 Default is a material breach of Contract. A Termination for Cause under Article 14 is a declaration of Default of the Contract and shall act as a demand upon the Surety to perform under the terms of the

Performance Bond. Partial Defaults may also be tendered to the Surety at District’s discretion. (See Article

2.2)

1.1.21 Dispute. A “Dispute” is a disagreement over a discrete and separate issue involving the terms or conditions of the Project or Contract where the Contractor’s opinion or interpretation of the Project, Contract, payment, Change Order or Request for Proposal differs from that of the District or Architect. A Dispute includes any disagreement that would be considered a claim under Public Contract Code sections 9204 and

20104, but has not yet risen to the level of a Claim. A Dispute only rises to the level of a Claim once the

Contractor assembles back-up documentation and presents it to the District for evaluation. See Article 4.6.

1.1.22 District Representative is the person designated by the District to represent the District during the

Construction for the Project. This District Representative shall have the delegated authority as further defined in Article 1.1.2. This District Representative may be an employee of the District who may have the delegated authority as set forth in Article 1.1.3, and may also include Construction Managers. In some cases, the

District and its Board may be assisted by a Construction Manager. When a Construction Manager is assisting the District, the Contractor, Architect, and Inspector shall have primary contact with the District’s

Construction Manager who will advise the District.

1.1.23 Drawings/Plans are graphic and pictorial portions of the Contract Documents prepared for the

Project and approved changes thereto, wherever located and whenever issued, showing the design, location, and scope of the Work, generally including Plans, elevations, sections, details, schedules, and diagrams as drawn or approved by the Architect. Sometimes Drawings will also be included in Addenda, Change Orders, and Specifications.

1.1.24 DSA is the Division of State Architect. DSA is the agency that provides design and construction oversight for K-12 Schools, Community Colleges, and State Funded Charter School Projects. DSA is the responsible agency for this Project and Contractor has submitted a bid for the Project since Contractor is familiar with Contractor’s responsibilities under the DSA requirements more thoroughly set forth at Title 24 of the California Code of Regulations. Contractor agrees to abide by the jurisdiction of DSA and shall construct the Project to conform with the approved Plans, Specifications, Addenda, and Change Orders

(inclusive of approved CCD’s and ICD’s issued by the District pending CCD approval). See DSA website.

1.1.25 Emergency shall be defined as a sudden, unexpected occurrence, involving a clear and imminent threat to the continuation of school classes, a critical path delay that…