BIDDING DOCUMENTS

FOR THE

Ojai Unified School District

Preparation and Painting of Buildings

AT

E. Ojai Ave, Ojai, CA 93023414 Project No. 2026-1917

703 El Paseo Rd., Ojai, CA 93023

7/31/2026

THIS PAGE INTENTIONALLY LEFT BLANK FOR PRINTING PURPOSES

NOTICE INVITING BIDS 1

INSTRUCTIONS TO BIDDERS 4

CHECKLIST OF MANDATORY BID FORMS 12

DESIGNATION OF SUBCONTRACTORS 14

DESIGNATION OF SUBCONTRACTORS FORM 15

BID FORM 17

CONTRACTOR’S CERTIFICATE REGARDING WORKERS’ COMPENSATION FORM 23

NON-COLLUSION DECLARATION 24

BID GUARANTEE FORM 25

BID BOND FORM 26

REQUEST FOR SUBSTITUTION AT TIME OF BID 29

ACKNOWLEDGMENT OF BIDDING PRACTICES REGARDING INDEMNITY FORM 31

DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) PARTICIPATION STATEMENT 32

CONTRACTOR’S CERTIFICATE REGARDING DRUG-FREE WORKPLACE 33

CONTRACTOR’S CERTIFICATE REGARDING ALCOHOLIC BEVERAGE AND

TOBACCO-FREE CAMPUS POLICY 34

AGREEMENT FORM 36

PAYMENT BOND 41

PERFORMANCE BOND 44

GUARANTEE 48

ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION 49

INSURANCE DOCUMENTS & ENDORSEMENTS 52

DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) CONTRACTOR CLOSE-OUT

STATEMENT 54

CONTRACTOR CERTIFICATION REGARDING BACKGROUND CHECKS 55

CONTRACTOR CERTIFICATION REGARDING BACKGROUND CHECKS 56

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ARTICLE 1 DEFINITIONS 57

1.1 BASIC DEFINITIONS 57

1.2 EXECUTION, CORRELATION AND INTENT 62

1.3 OWNERSHIP AND USE OF ARCHITECT’S DRAWINGS, SPECIFICATIONS

AND OTHER DOCUMENTS 66

ARTICLE 2 DISTRICT 68

2.1 INFORMATION AND SERVICES REQUIRED OF THE DISTRICT 68

2.2 DISTRICT’S RIGHT TO CARRY OUT THE WORK DUE TO PARTIAL

DEFAULT IN A SPECIFIC SEGREGATED AREA OF WORK (48 HOUR

NOTICE TO CURE AND CORRECT) 71

ARTICLE 3 THE CONTRACTOR 73

3.1 SUPERVISION AND CONSTRUCTION PROCEDURES 73

3.2 SUPERVISION 74

3.3 LABOR AND MATERIALS 75

3.4 WARRANTY 78

3.5 TAXES 79

3.6 PERMITS, FEES AND NOTICES 79

3.7 SUBMITTALS REQUIRED AT THE COMMENCEMENT OF THE PROJECT80

3.8 DOCUMENTS, SAMPLES, AND COMPUTER AT THE SITE 81

3.9 SUBMITTALS INCLUDING SHOP DRAWINGS, PRODUCT DATA, AND

SAMPLES 81

3.10 SUBSTITUTIONS 87

3.11 INTEGRATION OF WORK 89

3.12 CLEANING UP 90

3.13 ACCESS TO WORK 91

3.14 ROYALTIES AND PATENTS 92

3.15 INDEMNIFICATION 92

3.16 SUBMISSION OF DAILY REPORTS 92

3.17 AS-BUILT DRAWINGS AND ANNOTATED SPECIFICATIONS 93

3.18 EQUIPMENT MANUALS 94

3.19 DIR REGISTRATION 95

ARTICLE 4 ADMINISTRATION OF THE CONTRACT AND CLAIMS 96

4.1 ARCHITECT 96

4.2 ARCHITECT’S ADMINISTRATION OF THE CONTRACT 96

4.3 PROJECT INSPECTOR 98

4.4 STOP WORK ORDER 100

4.5 RESPONSIBILITY FOR ADDITIONAL CHARGES INCURRED BY THE

DISTRICT FOR PROFESSIONAL SERVICES 100

4.6 DISPUTES AND CLAIMS 101

ARTICLE 5 SUBCONTRACTORS 110

5.1 DEFINITIONS 110

ARTICLE 6 CONSTRUCTION BY DISTRICT OR BY SEPARATE CONTRACTORS 112

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6.1 DISTRICT’S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD

SEPARATE CONTRACTS 112

6.2 CONSTRUCTIVE OWNERSHIP OF PROJECT SITE AND MATERIAL 114

6.3 DISTRICT’S RIGHT TO CLEAN UP 114

ARTICLE 7 CHANGES IN THE WORK 115

7.1 CHANGES 115

7.2 CHANGE ORDERS (“CO”) 116

7.3 CONSTRUCTION CHANGE DOCUMENT (CCD Category A, and CCD

Category B) and IMMEDIATE CHANGE DIRECTIVE (ICD) 116

7.4 REQUEST FOR INFORMATION (“RFI”) 118

7.5 REQUEST FOR PROPOSAL (“RFP”) 118

7.6 CHANGE ORDER REQUEST (“COR”) 119

7.7 COST OF CHANGE ORDERS 119

ARTICLE 8 TIME AND SCHEDULE 126

8.1 DEFINITIONS 126

8.2 HOURS OF WORK 128

8.3 PROGRESS AND COMPLETION 128

8.4 EXTENSIONS OF TIME - LIQUIDATED DAMAGES 132

ARTICLE 9 PAYMENTS AND COMPLETION 136

9.1 CONTRACT SUM 136

9.2 COST BREAKDOWN 136

9.3 PROGRESS PAYMENTS 137

9.4 APPLICATIONS FOR PROGRESS PAYMENTS 139

9.5 STOP NOTICE CLAIMS AND WARRANTY OF TITLE 141

9.6 DECISIONS TO WITHHOLD PAYMENT 142

9.7 NONCONFORMING WORK 143

9.8 SUBCONTRACTOR PAYMENTS 144

9.9 COMPLETION OF THE WORK 144

9.10 PARTIAL OCCUPANCY OR USE 149

9.11 COMPLETION AND FINAL PAYMENT 150

9.12 SUBSTITUTION OF SECURITIES 153

ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 154

10.1 SAFETY PRECAUTIONS AND PROGRAMS 154

10.2 SAFETY OF PERSONS AND PROPERTY 156

10.3 EMERGENCIES 159

10.4 HAZARDOUS MATERIALS 159

ARTICLE 11 INSURANCE AND BONDS 161

11.1 CONTRACTOR’S LIABILITY INSURANCE 161

11.2 WORKERS’ COMPENSATION INSURANCE 163

11.3 BUILDER’S RISK/ “ALL RISK” INSURANCE 163

11.4 FIRE INSURANCE 164

11.5 AUTOMOBILE LIABILITY 164

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11.6 OTHER INSURANCE 164

11.7 PROOF OF INSURANCE 164

11.8 COMPLIANCE 165

11.9 WAIVER OF SUBROGATION 165

11.10 PERFORMANCE AND PAYMENT BONDS 165

ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 167

12.1 COMPLIANCE WITH TITLE 24 INSTALLATION REQUIREMENTS 167

12.2 SPECIAL NOTICE OF AMERICAN’S WITH DISABILITIES ACT 167

12.3 UNCOVERING OF WORK 168

12.4 CORRECTION OF WORK 168

ARTICLE 13 MISCELLANEOUS PROVISIONS 170

13.1 GOVERNING LAW 170

13.2 SUCCESSORS AND ASSIGNS 170

13.3 WRITTEN NOTICE 170

13.4 RIGHTS AND REMEDIES 170

13.5 TESTS AND INSPECTIONS 170

13.6 TRENCH EXCAVATION 171

13.7 WAGE RATES, TRAVEL, AND SUBSISTENCE 172

13.8 RECORDS OF WAGES PAID 174

13.9 APPRENTICES 176

13.10 ASSIGNMENT OF ANTITRUST CLAIMS 177

13.11 STATE AND DISTRICT CONDUCTED AUDITS 178

13.12 STORM WATER POLLUTION PREVENTION 179

ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 183

14.1 TERMINATION BY THE CONTRACTOR FOR CAUSE 183

14.2 TERMINATION BY THE DISTRICT FOR CAUSE 183

14.3 TERMINATION OF CONTRACT BY DISTRICT (CONTRACTOR NOT AT

FAULT) 184

14.4 REMEDIES OTHER THAN TERMINATION 185

ARTICLE 15 DEBARMENT 187

15.1 DEBARMENT MEANS THERE HAS BEEN A FINDING THAT THE

CONTRACTOR IS NOT RESPONSIBLE. 187

15.2 BOARD FINDING 187

15.3 HEARING AND PRESENTATION OF EVIDENCE 187

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NOTICE INVITING BIDS

NOTICE IS HEREBY GIVEN that the Ojai Unified School District, acting by and through its Governing Board, hereinafter referred to as “District”, will receive prior to August 31, 2026 at 2:00 p.m.sealed bids for the award of a Contract for the following:

BID NO. 2026-1917

Preparation and Painting of Buildings at 414 E. Ojai Ave.

All bids shall be made and presented only on the forms presented by the District. Bids shall be received in the Office of the Bond Department at 703 El Paseo Dr. Ojai, California 93023 and shall be opened and publicly read aloud at the above state time and place. Any bids received after the time specified above or after any extensions due to material changes shall be returned unopened.

The Contract Time is 30 days.

CONTRACTOR should consult the General Conditions, Supplementary Conditions, and General Requirements regarding Milestones and Liquidated Damages.

Prequalification of Bidders

As a condition of bidding for this Project, and in accordance with California Public Contract Code section 20111.5, prospective bidders are required to submit to the District a completed set of prequalification documents on forms provided by the District. These documents will be the basis for determining which bidders are qualified to bid on this Project. Prequalification can also be accomplished through the quality bidders program utilized by the district.

Bids will not be accepted if a Contractor has not been prequalified where prequalification is required. Prequalification documents are available from the Ojai Unified School District Website or online at _qualitybidders.com, and at 703 El Paseo Dr, Ojai, CA 93023. Prequalification documents must be submitted by July Contractors will be notified by telephone, electronic mail or by US mail of their prequalification rating within a reasonable period of time after submission of their prequalification documents, but not less than one day prior to the bid opening date.

Miscellaneous Information

Bids shall be received in the place identified above, and shall be opened and publicly read aloud at the above-stated time and place.

The bid documents are available at qualitybidders.com

There will be a mandatory Pre-Bid Conference at 414 E Ojai ave., Ojai CA 93023, August 24, 2026 at 10:00 a.m. Any Contractor bidding on the Project who fails to attend the entire

Notice of Inviting Bids Ojai Unified School District Page 1 http://qualitybidders.com/ mandatory job walk and conference will be deemed a non-responsive bidder and will have its bid returned unopened.

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 C-33 License at the time of bid and throughout the duration of this Contract. The Contractor’s California State License number shall be clearly stated on the bidder’s proposal

Subcontractors shall be licensed pursuant to California law for the trades necessary to perform the Work called for in the Contract Documents.

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 section 4100 et seq.

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 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, insurance certificates and any other required documents. In the event of failure to enter into said Contract or provide the necessary documents, said security will be forfeited.

The Contractor and all subcontractors shall comply with the requirements set forth in Division 2, Part 7, Chapter 1 of the Labor Code. 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 on file at the District, and are also available from the Director of the Department of Industrial Relations. Pursuant to California Labor Code section 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.

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

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. Monitoring and enforcement of the prevailing wage laws and related requirements will be performed by the Labor Commissioner/ Department of Labor Standards Enforcement (DLSE).

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.

Where applicable, bidders must meet the requirements set forth in Public Contract Code section 10115 et seq., Military and Veterans Code section 999 et seq. and California Code of Regulations, Title 2, Section 1896.60 et seq. regarding Disabled Veteran Business Enterprise (“DVBE”) Programs. Forms are included in this Bid Package.

Any request for substitutions pursuant to Public Contract Code section 3400 must be made at the time of Bid on the Substitution Request Form set forth in the Contract Documents and included with the bid.

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

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.

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INSTRUCTIONS TO BIDDERS

1. Preparation of Bid Form. Proposals under these specifications shall be submitted on the blank forms furnished herewith at the time and place stated in the Notice Inviting Bids. All blanks in the bid form must be appropriately filled in, and all proposed prices must be stated clearly and legibly in both words and numerals. All bids must be signed by the bidder in permanent blue ink and submitted in sealed envelopes, bearing on the outside, the bidder’s name, address, telephone number, and California Contractor’s License number, and the name of the Project for which the bid is submitted. 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 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.

2. Bid Security. Each 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 an amount not less than ten percent (10%) of the maximum amount of such bidder’s bid as a guarantee that the bidder will enter into the Contract, if the same is awarded to such bidder, and will provide the required Performance and Payment Bonds, insurance certificates and any other required documents. In the event that a bidder is awarded the Contract and such bidder fails to enter into said Contract or provide the surety bond or bonds within five (5) calendar days after award of the Contract to bidder, said security will be forfeited.

3. Signature. The bid form, all bonds, all designations of subcontractors, the Contractor’s Certificate, the Agreement, and all Guarantees must be signed in permanent blue 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.

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 member of the 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 so indicated in the signature.

Instructions to Bidders Ojai Unified School District Page 5

4. 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.

5. 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 not being responsive to the Notice Inviting Bids.

6. 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.

7. Withdrawal of Bids. Any bid may be withdrawn, either personally or by written request, at any time prior to the scheduled closing time for receipt of bids. The bid security for bids withdrawn prior to the scheduled closing time for receipt of bids, in accordance with this paragraph, shall be returned upon demand therefor.

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

8. 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 One (1). Payment and Performance bonds must be executed by an admitted surety insurer as defined in Code of Civil Procedure 995.120.

9. 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 written request for an interpretation or correction thereof may be submitted to the District.

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, and a copy of such Addendum will be made available for each contractor receiving a set of the Contract Documents. 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 drawings, specifications or elsewhere in the Contract Documents are not covered by addenda, bidder shall include in

Ojai Unified School District Page 6 their bid methods of construction and materials for the higher quality and complete assembly. Each request for clarification shall be submitted in writing, via email, to only the following persons:

TO: Kelly Haslam, Bond Project Manager, Khaslam@ojaiusd.org Cc: Kevin Olson, Assistant Superintendent, Business

Kevin.olson@ojaiusd.org

Each transmitted request shall contain the name of the person and/or firm filing the request, address, telephone, and fax number, Specifications and/or Drawing number. Bidder is responsible for the legibility of handwritten requests. Pre-bid clarification request shall be filed a minimum of Five (5) days prior to bid opening. Requests received less than Five (5) days before bid opening shall not be considered or responded to. A written 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.

10. 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.

11. Award of Contract. The Contract will be awarded to the lowest responsive responsible bidder by action of the governing Board. 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. 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.

12. Bid Protest Procedure. Any bidder may file a bid protest. The protest shall be filed in writing with the District’s Director of Facilities not more than five (5) business days after the date of the bid opening. An e-mail address shall be provided and by filing the protest, protesting bidder consents to receipt of e-mail notices for purposes of the protest and protest related questions and protest appeal, if applicable. The protest shall specify the reasons and facts upon which the protest is based.

a. Resolution of Bid Controversy: Once the bid protest is received, the apparent lowest responsible bidder will be notified of the protest and the evidence presented. If appropriate, the apparent low bidder will be given an opportunity to rebut the evidence and present evidence that the apparent low bidder should be allowed to perform the Work. If deemed appropriate by the District, an informal hearing will be held. District will issue a written decision within fifteen (15) calendar days of receipt of the protest, unless factors beyond the District’s reasonable control prevent such resolution. The decision on the bid protest will be copied to all parties involved in the protest.

b. Appeal: If the protesting bidder or the apparent low bidder is not satisfied with the decision, the matter may be appealed to the District

c. Superintendent, or their designee, within three (3) business days after receipt of the District’s written decision on the bid protest. The appeal must be in writing and sent via overnight

Ojai Unified School District Page 7 registered mail with all accompanying information relied upon for the appeal and an e-mail address from which questions and responses may be provided to:

Ojai Unified School District Business Department, Attention Kevin Olson 703 El Paseo Dr, Ojai, CA 93023

d. Appeal Review: The Superintendent or their designee shall review the decision on the bid protest from the Director of Facilities and issue a written response to the appeal, or if appropriate, appoint a Hearing Office to conduct a hearing and issue a written decision. The written decision of the Superintendent or the Hearing Officer shall be rendered within fifteen (15) calendar days and shall state the basis for the decision. The decision concerning the appeal will be final and not subject to any further appeals.

e. Reservation of Rights to Proceed with Project Pending Appeal. The District reserves the right to proceed to award the Project and commence construction pending an Appeal. If there is State Funding or a critical completion deadline, the District may choose to shorten the time limits set forth in this Section if written notice is provided to the protesting party. E-mailed notice with a written confirmation sent by First Class Mail shall be sufficient to constitute written notice. If there is no written response to a written notice shortening time, the District may proceed with the award.

f. Finality. Failure to comply with this Bid Protest Procedure shall constitute a waiver of the right to protest and shall constitute a failure to exhaust the protesting bidder’s administrative remedies.

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.

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.

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.

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

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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.

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.

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.

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”) and submit the completed Request Form with the bidder’s bid. The Request Form must be accompanied by evidence as to whether the proposed substitution:

1) 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);

2) Will entail no changes in detail, construction and scheduling of related work;

3) Will be acceptable in consideration of the required design and artistic effect;

4) Will provide no cost disadvantage to the District;

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

6) Will require no change in the Contract Time.

In completing the Request Form, bidder must state with respect to each requested substitution whether bidder will agree to provide the Specified Item in the event that the District denies bidder’s request for substitution of a Specified Item. In the event that bidder does not agree in the

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Request Form to provide the Specified Item and the District denies the requested Substitution, the bidder’s bid shall be considered non-responsive and the District may award the Contract to the next lowest bidder or in its sole discretion, release all bidders. In the event that bidder has agreed in the Request Form to provide the Specified Item and the District denies bidder’s requested substitution for a Specified Item, bidder shall execute the Agreement and provide the Specified Item without any additional cost or charge to the District, and if bidder fails to execute the Agreement with the Specified Item(s), bidder’s bid bond will be forfeited.

After the bids are opened, the apparent lowest bidder shall provide, within five (5) calendar days of opening such bids, 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 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 documented and processed through a Change Order. 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.

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.

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.

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 any Subcontractor under him 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 required apprentice occupations, regardless of any other contractual or employment relationships alleged to exist.

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23. Non-Collusion Declaration. Public Contract Code section 7106 requires bidders to submit declaration of non-collusion with their bids. This form is included with the bid documents and must be signed and dated by the bidder under penalty of perjury.

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.

25. DIR Registration of Contractor and Subcontractors. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in 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

Ojai Unified School District Page 11 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 the 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).

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

27. Obtaining Bidding Documents. Bidding Documents, may be obtained from:

Ojai Unified School District 703 El Paseo Dr.

Ojai, CA 93023

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

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 a written Addendum, transmitted by fax, e-mail, or available for pick up to all who are known by the issuing office to have received a complete set of Bidding Documents. 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 in the submitted sealed bid prior to the bid opening. Copies of Addenda will be made available for inspection wherever Bidding Documents are on file for inspection.

Each Addendum will be numbered, dated, and identified with the Project number. Oral statements or any instructions in any form, other than Addendum as described above, shall be void and unenforceable.

Addenda issued by the District and not noted as being acknowledged by bidder as required in the Bid Form, may result in the bid being deemed non-responsive.

29. 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 pursuant to Article 15 of the General Conditions 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;

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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)

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CHECKLIST OF MANDATORY BID FORMS

(For Contractor’s use and reference only. Additional documents may be required so bidders should carefully review all Contract Documents and Bid Documents)

❑Designation of Subcontractors

❑Bid Form

❑Contractor's Certificate Regarding Workers Compensation

❑Non-Collusion Declaration

❑Bid Bond (or Bid Guarantee form if Security is other than Bid Bond)

❑Substitution Request Form (If Substitution Request Form is not submitted then NO Substitutions will be allowed after the bids are opened)

❑Acknowledgment of Bidding Practices Regarding Indemnity

❑DVBE Participation Statement

❑Contractor’s Certificate Regarding Drug-Free Work Place

❑Contractor’s Certificate Regarding Alcoholic Beverage and Tobacco-Free Campus Policy

Project Name Checklist of Mandatory Bid Forms Ojai Unified School District Page 14

PRE-BID CLARIFICATION FORM (For Contractor’s Use)

PROJECT NAME:

PROJECT NUMBER:

TO: ______________________ EMAIL:

DATE:

FROM

: EMAIL:

DOCUMENT/DIVISION

NUMBER:

DRAWIN

G

NUMBER:

REQUESTED CLARIFICATION:

RESPONSE TO CLARIFICATION:

Pre-Bid Clarification Ojai Unified School District Page 15 mailto:BBartlett@lbschools.net

PRE-BID CLARIFICATION FORM (For Contractor’s Use) Attach additional numbered sheets as necessary; however, only one (1) request shall be contained on each submitted form.

Pre-Bid Clarification Ojai Unified School District Page 16

DESIGNATION OF SUBCONTRACTORS

In compliance with the Subletting and Subcontracting Fair Practices Act (California Public Contract Code section 4100 et seq.,) and any amendments thereof, each Bidder shall set forth below: (a) the name, license number, and location of the place of business of each subcontractor who will perform work or labor or render service to the Contractor, who will perform work or labor or work or improvement to be performed under this Contract, or a subcontractor licensed by the State of California who, under subcontract to the Contractor, specially fabricates and installs a portion of the work or improvements according to detailed Drawings contained in the Plans and Specifications in an amount in excess of one-half of one percent of the Contractor’s total bid; and (b) the portion and description of the work which will be done by each subcontractor under this Act. The Contractor shall list only one subcontractor for each such portion as is defined by the Contractor in this bid. All subcontractors shall be properly licensed by the California State Licensing Board.

If a Contractor fails to specify a subcontractor, or if a Contractor specifies 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 Contractor’s total bid, the Contractor shall be deemed to have agreed that the Contractor is fully qualified to perform that portion, and that the Contractor alone shall perform that portion.

No Contractor whose bid is accepted shall (a) substitute any subcontractor, (b) permit any subcontractor to be voluntarily assigned or transferred or allow the relevant portion of the work 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 Contractor’s total bid where 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 Contractor’s total bid where no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after a finding, reduced to writing as a public record, of the authority awarding this Contract setting forth the facts constituting the emergency or necessity.

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 the California Department of Industrial Relations and qualified to perform public works pursuant to Labor Code section

1725.5 throughout the duration of the Project.

NOTE:If alternate bids are called for and bidder intends to use different or additional subcontractors on the alternates, a separate list of subcontractors must be provided for each such Alternate.

Designation of Subcontractors Ojai Unified School District Page 17

DESIGNATION OF SUBCONTRACTORS FORM

Scope of Work Name of Subcontractor Location & Place of Business License Type and Number

DIR Registration Number

E-Mail & Telephone*

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Scope of Work Name of Subcontractor Location & Place of Business License Type and Number

DIR Registration Number

E-Mail & Telephone*

* This information must be provided at the time of submission of bid or must be provided within 24 hours…