Refrigerator Upgrade - Nutrition Services.pdf

Paul Lopez Director

Ext. 7317 paul.lopez@hesperiausd.org

Sunny Jowers Buyer

Ext. 7297 sunny.jowers@hesperiausd.org

Debbie Shell Assistant Buyer

Ext. 7301 debbie.shell@hesperiausd.org

Aurora Gutierrez Purchasing Specialist

Ext. 7286 aurora.gutierrez@hesperiausd.org

Cierra Frye Department Administrative

Secretary Ext. 7381 cierra.frye@hesperiausd.org

HESPERIA UNIFIED SCHOOL DISTRICT

PURCHASING DEPARTMENT

15576 Main Street, Hesperia, CA 92345 Phone: (760) 244-4411 Fax: (760) 244-0075

TO: POTENTIAL BIDDERS

FROM: HESPERIA UNIFIED SCHOOL DISTRICT

DATE: OCTOBER 7, 2026

SUBJECT: ENCLOSED BID PACKAGE

Dear Vendor, Please take the time to carefully read the Instructions and General Conditions in the attached BID package. It is imperative that you structure your response to the enclosed BID in accordance with these conditions. Alternative Terms and Conditions will not be accepted and will result in your proposal being declared non-responsive.

Thank you for taking the time to submit your proposal. If you have any questions, please feel free to contact me at (760) 244-4411, extension 7297.

Thank you, Sunny Jowers Buyer | Purchasing Department

TITLE PAGE

HESPERIA UNIFIED SCHOOL DISTRICT

REQUEST FOR BID

BID # 26/27-003

REFRIGERATOR UPGRADE

NUTRITION SERVICES

MANDATORY PRE-BID JOB WALK TO BE HELD ON

TUESDAY, OCTOBER 20, 2026 AT 7:00 A.M.

AT NUTRITION SERVICES

11176 G AVE., HESPERIA, CA 92345

PROPOSAL DEADLINE DATE:

THURSDAY, NOVEMBER 12, 2026 at 2:00 P.M.

SUBMIT PROPOSALS TO

SUNNY JOWERS BUYER, PURCHASING

Hesperia Unified School District 15576 Main St.

Hesperia, CA 92345

Phone: (760) 244-4411 E-Mail: sunny.jowers@hesperiausd.org

TABLE OF CONTENTS

REQUIRED DOCUMENTS CHECKLIST

JOB WALK SCHEDULE

JOB WALK MAP

NOTICE TO CONTRACTORS CALLING FOR BIDS

CALENDAR OF EVENTS

INSTRUCTIONS TO BIDDERS

BID FORM AND PROPOSAL

GENERAL TERMS AND CONDITIONS

SPECIAL CONDITIONS

BID SPECIFICATIONS AND SCOPE OF WORK

SITE OVERVIEW AND MAPS

REQUIRED CERTIFICATIONS AND FORMS:

ALCOHOL AND TOBACCO-FREE SCHOOL POLICY

DRUG-FREE WORKPLACE CERTIFICATION

CONTRACTORS CERTIFICATE REGARDING WORKERS’ COMPENSATION

NON-COLLUSION DECLARATION

ASBESTOS-FREE MATERIALS CERTIFICATION

CONTRACTOR’S FINGERPRINTING CERTIFICATION

BIDDER’S ACKNOWLEDGEMENT OF PROJECT SCHEDULE

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY, AND

VOLUNTARY EXCLUSION

PWC-100 INFORMATION

DIVISION OF INDUSTRIAL RELATIONS (DIR) REGISTRATION CERTIFICATION OF

CONTRACTOR AND SUBCONTRACTOR

IRAN CONTRACTING ACT OF 2010 COMPLIANCE AFFIDAVIT

DESIGNATION OF SUBCONTRACTORS

PROJECT WARRANTY

BID BOND

CERTIFICATION PAGE

REQUEST FOR SUBSTITUTION FORM

SAMPLE AGREEMENT

REFRIGERATOR UPGRADE BID # 26/27-003

NUTRITION SERVICES PAGE 4

REQUIRED DOCUMENTS CHECKLIST

TITLE PAGE

REQUIRED DOCUMENTS CHECKLIST PAGE (THIS PAGE)

BID FORM AND PROPOSAL

ALCOHOL AND TOBACCO-FREE SCHOOL POLICY

DRUG-FREE WORKPLACE CERTIFICATE

CONTRACTORS CERTIFICATE REGARDING WORKERS COMPENSATION

NON-COLLUSION AFFADAVIT

ASBESTOS-FREE MATERIALS CERTIFICATION

CONTRACTOR FINGERPRINTING CERTIFICATION

BIDDERS ACKNOWLEDGEMENT OF PROJECT SCHEDULE

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY, AND

VOLUNTARY EXCLUSION

PWC-100 INFORMATION

DIVISION OF INDUSTRIAL RELATIONS (DIR) REGISTRATION CERTIFICATION OF

CONTRACTOR AND SUBCONTRACTOR

IRAN CONTRACTING ACT 2010 COMPLIANCE AFFIDAVIT

DESIGNATED SUBCONTRACTORS LIST

PROJECT WARRANTY

BID BOND

CERFIFICATION PAGE

REQUEST FOR SUBSTITUTION FORM

PQ BIDS APPROVAL

USB DRIVE CONTAINING PDF FORMAT OF BID PROPOSAL

SUBMIT THIS PAGE WITH YOUR PROPOSAL TO ENSURE

ALL REQUIRED DOCUMENTS ARE SUBMITTED

– END OF SECTION –

NUTRITION SERVICES PAGE 5

JOB WALK SCHEDULE

*PLEASE BE ADVISED THAT THIS JOB WALK IS MANDATORY.

ALL PROSPECTIVE BIDDERS WHO ATTEND THE JOB WALK ARE REQUIRED TO ATTEND

AND SIGN IN ON THE DISTRICT-ISSUED SIGN-IN SHEET AT EACH SITE AND PARTICIPATE IN

THE ENTIRE JOB WALK.

SITE ADDRESS DATE & TIME

11176 G Ave.

Hesperia, CA 92345 October 20, 2026

7:00 a.m.

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JOB WALK MAP

NUTRITION SERVICES PAGE 7

NUTRITION SERVICES PAGE 8

NOTICE TO CONTRACTORS CALLING FOR BIDS

NOTICE IS HEREBY GIVEN that the Hesperia Unified School District of San Bernardino County, acting through its Governing Board, hereafter referred to as the “District”, is soliciting sealed Bids from responsive and responsible Vendors in response to and to establish a contract for:

BID# 26/27-003

NUTRITION SERVICES

Contract award is contingent upon availability of funds. Unless extended by an addendum to the Bid, the due date and time for the receipt of bids is on or before THURSDAY, NOVEMBER 12, 2026 at 2:00 p.m. in the Purchasing Department of the Hesperia Unified School District located at 15576 Main Street, Hesperia, CA 92345. The District reserves the right to accept or reject any or all bids received as a result of this request, to negotiate with any qualified source, to cancel in part or in its entirety this Bid or to waive any irregularities or informalities in any bids. The District reserves the right to make an award without negotiation. The District may award any, all, or none of this Bid.

All bids are due no later than 2:00 p.m. on THURSDAY, NOVEMBER 12, 2026. Late Bids will be returned unopened.

It is the sole responsibility of the Bidder to ensure that their bid is received on time.

There will be a MANDATORY job walk which will be starting at 7:00 a.m. on OCTOBER 20, 2026 at Nutrition Services, 11176 G Ave., Hesperia, California, 92345.

All interested parties may obtain a copy of the bid package from the Hesperia Unified School District website at www.hesperiausd.org/o/husd/page/current-bids or by requesting by email a digital copy from sunny.jowers@hesperiausd.org.

The contract is for a public work. Contractor and any subcontractor shall pay all workers on the project at least the general prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations (“DIR”) pursuant to Labor Code sections 1770 et seq. Prevailing wage rates are available online at: http://www.dir.ca.gov.

No contractor or subcontractor may be listed on a bid proposal or awarded a contract for public work unless currently registered with the DIR pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the DIR.

Each bidder shall be a licensed contractor at the time the bid pursuant to the Business and Professions Code and such license(s) shall remain in active and good standing for the duration of the contract. The bidder shall be licensed in one or more the following classifications:

LICENSE CLASSIFICATION(s): B, C-38

All inquiries, comments, or exceptions to the Bid materials must be submitted in writing to the attention of Sunny Jowers via email at sunny.jowers@hesperiausd.org no later than Thursday, October 29, 2026 at 2:00 p.m.

NUTRITION SERVICES PAGE 9

CALENDAR OF EVENTS

Event Details Date Time (PST)

MANDATORY

Pre-Bid Job Walk

Nutrition Services 11176 G Ave.

Hesperia, California 92345 October 20, 2026 7:00 a.m.

Last Day to Submit Prequalification Applications

Submit online at https://pqbids.com/hesperia November 2, 2026 5:00 p.m.

Last day to submit RFI/ Questions for Clarification or

Explanations E-mail to sunny.jowers@hesperiausd.org October 29, 2026 2:00 p.m.

Response to RFI/Questions for Clarification or

Explanations sent to vendors

E-mailed to Bidders and posted on http://www.hesperiausd.org/o/husd/page/curr ent-bids November 5, 2026 4:00 p.m.

Last day to be approved through PQ Bids

You will be notified of your approval via e-mail from PQ Bids

November 7, 2026 5:00 p.m.

Proposals Due

Hesperia Unified School District Purchasing Department

15576 Main Street Hesperia, California 92345

NOVEMBER 12,

NO

LATER

THAN

2:00 p.m.

Notice of Intent to Award E-mailed to bidders No later than

December 7, 2026 4:00 p.m.

Recommendation for Award will be presented to Board

Hesperia Unified School District Board Room, AESC Annex Bldg. C

15576 Main Street Hesperia, California 92345

December 14, 2026 6:00 p.m.

Notice to Proceed E-mailed to awarded bidder December 16, 2026 4:00 p.m.

Anticipated Project Start Date

Begin project (project may commence sooner at the discretion of the District) December 18, 2026 7:00 a.m.

Project Completion Date Project completion

HARD DATE

April 30, 2027

5:00 p.m.

INSTRUCTIONS TO

BIDDERS

NUTRITION SERVICES PAGE 10

INSTRUCTIONS TO BIDDERS

BID # 26/27-0034

REFRIGERATOR UPGRADE

NUTRITION SERVICES

READ THIS DOCUMENT CAREFULLY.

DO NOT ASSUME THAT THIS DOCUMENT IS THE SAME AS OTHER SIMILAR DOCUMENTS YOU MAY HAVE

SEEN, EVEN IF THE DOCUMENTS WERE FROM THE HESPERIA UNIFIED SCHOOL DISTRICT.

Any cost associated with the preparation of the Proposal shall be borne by the Bidder. The District reserves the right to accept or reject any or all Proposals received as a result of this request, to negotiate with any qualified source, to cancel in part or in its entirety this Bid or to waive any irregularities or informalities in any Proposals. The District reserves the right to make an award without negotiation.

1. DEFINITIONS:

a. As used herein, “Bid” means this Request for Bid, BID # 26/27-003.

b. As used herein, “District” means the Hesperia Unified School District.

c. As used herein, “Proposer” “Vendor” “Firm” “Bidder” “Offeror” “Provider” and “Contractor” means the Firm submitting a bid pursuant to this BID.

d. As used herein, “Offer” means the Proposal.

e. As used herein, “Contract” means an associated agreement with the District.

2. Preparation and Availability of Bid Form and Proposal The District invites bids to be submitted by qualified contractors to the District at such time and place as is stated in the Notice Inviting Bids, not later than 2:00 p.m. on Thursday, NOVEMBER 12, 2026. Bids shall only be prepared using the copy of the BID SIGNATURE FORMS included in the BID documents.

The use of substitute forms other than the clear correct photocopies of those provided by the District will not be permitted. Sealed bids shall be received at the Hesperia Unified School District, 15576 Main Street, Hesperia, CA 92345. All blanks in the bid form must be appropriately filled in, and all prices must be stated in both words and figures. If a different price is stated in words than is stated in figures, the price stated in words shall be the price proposed. All bids must be signed by the bidder in permanent blue or black ink and submitted in sealed envelopes.

Sealed bids shall contain One (1) original, and one (1) digital copy on flash drive of the bid shall be sealed in one package. The package must be clearly labeled “BID# 26/27-003 REFRIGERATOR UPGRADE PROJECT – NUTRITION SERVICES” and include the legal name, address, Bidder’s contact person, and a telephone number on the outside of the package. Bids shall be delivered to the attention of Sunny Jowers, Buyer, Purchasing, Hesperia Unified School District.

It is the sole responsibility of the Vendor submitting the bid to ensure that it is actually received by the District prior to the deadline time and due date and at the proper location. Unless this BID is extended by a written amendment, bids received after 2:00 p.m. on the due date, will not be considered and will be returned unopened.

Below is an example of parts of a Bid that should be submitted:

Title Page: Indicate the BID number for which the response is being provided; the name of the service provider; local address; the name of your firm’s contact person for the purposes of this BID; the telephone number and fax number of the contact person; and the date.

Table of Contents: Include a clear identification of the material by section and page number.

Letter of Transmittal: Summarize your understating of the services to be provided. Indicate the names of the persons who will be authorized to make representation on the part of your firm, their titles, addresses, telephone and fax numbers. The person and/or person(s) who are authorized to execute the contract on the part of your firm shall sign the transmittal letter.

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Required Forms: Complete and execute all required forms. Failure to supply these documents may be considered grounds for disqualification.

Profile of Qualifications: Clearly specify the qualifications of your firm in the area of school construction/ repairs.

References: A listing of all educational institutions currently being serviced by your firm, the dates of service supplied; and the nature of the service supplied.

3. Explanation to Bidders

If a Bidder desires an explanation or clarification of any kind regarding this BID, the Bidder must make a written request for such explanation. Requests must be submitted to Sunny Jowers, Buyer, in writing, via email only, at sunny.jowers@hesperiausd.org no later than 2:00 p.m. on Thursday, October 29, 2026. Questions received in writing by the date and time specified will be answered in writing. Sunny Jowers, Buyer, is authorized only to direct the attention of prospective Bidders to various portions of the BID so that they may read and interpret such for themselves. Neither Sunny Jowers nor any employee of the District is authorized to interpret any portion of this BID or give information as to the requirements of the BID in addition to that contained in the written documents. The District will advise all Bidders known to have received a copy of the BID of the explanation or clarification, either by letter or formal Bid Addenda via postal service, electronic mail, or facsimile as the District may in its sole discretion deems appropriate.

If a Bidder discovers any error such as an ambiguity, conflict, discrepancy, omission, or other error in the BID, then the bidder shall immediately notify the District in writing. Submittal of a Bid without request for clarification shall be incontrovertible evidence that the vendor has determined that the specifications are sufficient for responding to the BID and completing the job and that vendor is capable of following and completing the job in accordance with the project specifications.

If necessary, an addendum may be created and processed.

Any clarifications resulting from questions will be distributed to all firms participating in this opportunity who have received a copy of the Bid documents. Questions received after 2:00 p.m. on Thursday, October 29, 2026, will NOT be addressed.

4. PQ BIDS/MANDATORY PRE-QUALIFICATION

** BIDDERS MUST BE AB2031 APPROVED **

To comply with California Assembly Bill AB 1565, the Hesperia Unified School District requires general contractors and subcontractors to be pre-qualified on all bond construction contracts. The District uses and will accept pre-qualification through PQ Bids only. Contractors who must pre-qualify for such projects include general contractors, as well as mechanical, electrical, and plumbing (“MEP”) subcontractors.

The link can be accessed by going to the Hesperia USD website www.hesperiausd.org and visiting the purchasing page. The link to PQ Bids will be under the electronic pre-qualification tool field and you will be directed to the PQ Bids pre-qualification page, or you may enter the following link in your search engine: https://pqbids.com/hesperia/. The last day to submit pre-qualification applications through PQ Bids is November 2, 2026 at 5:00PM. The last day to be approved through PQ Bids is November 7, 2026 at 5:00PM. This pre-qualification is mandatory for all prospective bidders to be considered, bidders that do not meet these deadlines will be deemed as non-responsive. Once the bidder is final approved through PQ Bids, they will be approved for one (1) year from the final approval date. It is and will be the bidders’ sole responsibility to stay updated and approved in the PQ Bids system. The District has no responsibility to contact contractors to apply, renew or update information in the PQ Bids system. Any questions or technical support inquiries in submitting the required documents may be directed to PQ BIDS at info@pqbids.com or by calling 888-218-4173.

5. Bid Security/Bid Bond Bids must be accompanied by a certified check, cashier's check, or bidder's bond (executed by the

NUTRITION SERVICES PAGE 12

Bidder as principal and surety as obligor), in the form and content attached hereto, for an amount not less than ten percent (10%) of the amount of the total bid, made payable to the order of the Hesperia Unified School District (“Bid Security”).

Personal sureties and unregistered surety companies are unacceptable. The surety insurer shall be California admitted surety insurer, as defined in Code of Civil Procedure Section 995.120. The surety insurer must, unless otherwise agreed to by District in writing, at the time of issuance of the bond, have a rating not lower than “A-” as rated by A.M. Best Company, Inc. or other independent rating companies. The District reserves the right to approve or reject the surety insurer selected by the Contractor and to require the Contractor to obtain a bond from a surety satisfactory to the District.

The check or bid bond shall be given as a guarantee that the Bidder shall execute the Contract if awarded to the Bidder, the awarded Bidder shall provide the payment bonds, performance bonds, insurance certificates and endorsements as required herein within ten (10) calendar days after notification of the award of the Contract to the Bidder. Failure to provide the required documents may result in forfeiture of the Bidder’s bid deposit or bond to the District and the District may award the Contract to the next lowest responsible Bidder, or may call for new bids.

6. Submitting Proposals Telegraphic, facsimile, or electronic bids (including email) and modifications will NOT be considered.

No person, firm, or corporation shall be allowed to make, or file, or be interested in more than one bid for the same work unless alternate bids are specifically called for. A person, firm, or corporation that has submitted a sub-bid to a Bidder, or that has quoted prices of materials to a Bidder, is not thereby disqualified from submitting a sub-bid or quoting prices to other Bidders or making a prime bid. No person, firm, or corporation shall be allowed to bid who has participated in the preparation of contract specifications; a bid by such a person, firm, or corporation shall be determined to be nonresponsive.

7. Signature

The bid forms, all bonds, all designations of subcontractors, the Contractor’s Certificate, the Agreement and all Guarantees must be signed in permanent blue or black 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 the 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. If a Bidder is a joint venture or partnership, it may be asked to submit an authenticated Power of Attorney executed by each joint venturer or partner appointing and designating one of the joint venturers or partners as a management sponsor to execute the Bid on behalf of Bidder. Only that joint venturer or partner shall execute the Bid. The Power of Attorney shall also: (1) authorize that particular joint venturer or partner to act for and bind Bidder in all matters relating to the Bid; and (2) provide that each venturer or partner shall be jointly and severally liable for any and all of the duties and obligations of Bidder assumed under the Bid and under any Contract arising therefrom. The Bid shall be executed by the designated joint venturer or partner on behalf of the joint venture or partnership in its legal name.

8. Modification or Withdrawal of a Bid Any Bid may be withdrawn, solely by written request, at any time prior to the scheduled closing time for receipt of Bids. All requests for the withdrawal of a Bid must be accompanied by proof acceptable to the District, which authorizes the individual requesting the Bid withdrawal to so act on behalf of the vendor.

If a change to a Bid that has been submitted is desired, the submitted Bid must be withdrawn and the replacement Bid submitted to the District prior to the scheduled deadline for submittal of Bids.

Changes or additions to the Bid request, alternative Bids or any other modifications of the information requested by this Bid, which is not specifically called for in the Bid, may result in the District’s rejection of the Bid.

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9. Erasures/ Illegible/ Mutilation of Bid Documents The Bid submitted must not contain any erasures, interlineations, or other corrections unless each such correction is suitably authenticated by affixing in the margin immediately opposite the correction the surname or surnames of the person or persons signing the bid.

Bidders should not deface or mutilate the bid documents to the extent that they may not be usable for construction purposes. 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 Bid.

10. Examination of Site and Contract Documents

Each Bidder shall visit the site(s) of the proposed work and fully acquaint itself with the conditions relating to the construction and labor so that it may fully understand the facilities, difficulties, and restrictions attending the execution of the work under the Contract. Bidders shall thoroughly examine and be familiar with the drawings, specifications, addenda, contract documents and scope of work.

The failure or omission of any Bidder to receive or examine any Contract Documents, forms, instruments, addenda, or other documents or to visit the site(s) and acquaint itself with conditions there existing shall in no way relieve any Bidder from obligations with respect to its bid or to the Contract.

Discrepancies in, and/or omissions from the Plans, Specifications or other Contract Documents or questions as to their meaning shall be immediately brought to the attention of the District by submission of a written request for an interpretation or correction to the District. Such submission, if any, must be sent to the District’s Purchasing Buyer, Sunny Jowers, at sunny.jowers@hesperiausd.org no later than 2:00 p.m. on Thursday, October 29, 2026.

Bids shall include complete compensation for all items that are noted in the Contract Documents as the responsibility of the Contractor.

a. Each Bidder, by making its bid, represents that it has read and understands the Contract and Contract Documents and any and all related reports and information. After executing the Agreement, no consideration will be given to any claim of misunderstanding of the documents.

b. Each Bidder, by making its bid, represents that it has visited the site(s), inspected the area of the work, and familiarized itself with the local conditions under which the work is to be performed, including sub-surface conditions, as appropriate. Such inspection shall specifically consider requirements for accessing the site and determining the work can be completed as required by, and as shown in, the Contract Documents.

c. With District's approval, including provision of insurance as required, and after scheduling access with the District, each Bidder may conduct additional site investigations at the Bidder's sole cost.

11. Award of Contract

It is anticipated that a contract will be awarded to the lowest responsive, responsible bidder for the total project by action of the Governing Board. In the event an award is made to a bidder, and such bidder fails or refuses to execute the Contract and provide the required documents within ten (10) 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. The District reserves the right to award to one, or to multiple vendors, and may award any, all, or none of this BID. The following is also to be understood by all those submitting a bid:

a. The District reserves the right, before awarding the contract to require Bidder(s) to submit or provide evidence of qualifications or any other information the District may deem necessary.

b. The District reserves the right, prior to award, to cancel the BID or portions thereof, without penalty.

c. The District reserves the right to: (1) accept the bid of any or all items it deems, at its sole

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discretion, to be in the best interest of the District; and (2) the District reserves the right to reject any and/or all items proposed.

Written notice of award to a Bidder in the form of Purchase Order or other document, mailed or delivered to the address shown on the bid will be considered sufficient notice of acceptance of bid.

12. 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.

13. Contractor's License and Certifications

Pursuant to Section 7028.15 of the Business and Professions Code and Section 3300 of the Public Contract Code, all Bidders must possess proper licenses for performance of this Contract prior to submittal of bid documents. Subcontractors must possess the appropriate licenses for each specialty subcontracted prior to submittal of bid documents. Pursuant to Section 7028.5 of the Business and Professions Code, the District shall consider any bid submitted by a contractor not currently licensed in accordance with state law and pursuant to the requirements found in the Contract Documents to be non-responsive, and the District shall reject the Bid. The District shall have the right to request, and Bidders shall provide within five (5) calendar days, evidence satisfactory to the District of all valid license(s) currently held by that Bidder and each of the Bidder’s subcontractors, before awarding the Contract.

Bidder must have all certifications and/or factory authorizations required for the project prior to submittal of the Bid including, but not limited to, the specified manufacturer certifications described in the Special Conditions section of this document. Subcontractors must have all certifications and/or factory authorizations required for each specialty subcontract prior to submittal of the Bid including, but not limited to, the specified manufacturer certifications described in the Special Conditions section of this document.

14. Ethics in Bidding The District expects the Bidders to maintain high ethical standards in engaging in the competitive bidding process. The bid amount of one Bidder should not be divulged to another before the award of the subcontract or order, nor should it be used by Contractor to secure a lower proposal from another Bidder on that project (bid shopping). Subcontractors or suppliers should not request information from the Contractor regarding any sub-bid in order to submit a lower proposal on that project (bid peddling).

The District will consider any Bidder found to be engaging in such practices to be a non-responsible Bidder and may reject its bid on that ground.

15. Substitutions and Special Brand Names

Bids will only be considered if the proposed products meet the minimum requirements and conform to the specifications set forth in these BID documents. Whenever brand names are used, they are used as specifications only. The intent is to indicate quality standards and is presumed to be followed by the words “OR EQUAL.” Any variances from the specified items must be clearly noted on the bid, otherwise the product will be assumed to be “as specified” – the exact product listed in the BID document.

Substitutions and or deviations that meet or exceed the specifications are acceptable. Products not meeting the criteria as determined solely by the District will be cause for the rejection of the Bid Response, or product.

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

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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:

a. 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);

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

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

d. Will provide no cost disadvantage to the District;

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

f. Will require no change in the Contract Time.

It is the Bidder’s responsibility to demonstrate equivalency of proposed products. The District has the discretion to request, and test, product samples prior to the award of the Contract. The District reserves the right to reject all bids that do not conform to the specifications.

After the bids are opened, the apparent lowest bidder shall provide, within five (5) calendar days of opening such bids, any and all Drawings, specification, 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.

IF A PROPOSED SUBSTITUTION IS REJECTED, BIDDER SHALL BE RESPONSIBLE FOR

PROVIDING THE ITEM OR PRODUCT OR WORK AS ORIGINALLY SPECIFIED AT NO ADDITIONAL

COST TO THE DISTRICT. THE DISTRICT HAS THE COMPLETE AND SOLE DISCRETION TO

DETERMINE IF AN ITEM OR ARTICLE IS AN EQUAL ITEM.

16. Retention Public agencies generally cannot withhold more than five percent (5%) of the amount to be paid to a contractor for work to be completed unless the project is “substantially complex.” This Project will use a five percent (5%) retention.

17. Contractor/Subcontractor Registration and Labor Compliance Enforcement

Except as provided in Labor Code section 1771.1(a), no Contractor or Subcontractor may be listed on a bid proposal for a public works project submitted or perform work on a public works contract awarded unless registered with the Department of Industrial Relations pursuant to California Labor Code section

1725.5. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

Contractor and any Subcontractors engaging in work on the Project are required to review and comply with the provisions of the California Labor Code sections 1720 et seq., and the regulations of the Department of Industrial Relations implementing those provisions. These statutory and regulatory provisions contain specific requirements concerning, for example, the determination and payment of prevailing wages, retention, inspection, and auditing of payroll records, use of apprentices, payment of overtime compensation, and various penalties or fines which may be imposed for violations of the

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requirements of the chapter. Submission of a bid proposal constitutes the Bidder's representation that it has thoroughly reviewed these statutory and regulatory requirements and agrees to bind every Subcontractor performing work on the Project to these requirements to the extent such requirements are applicable to the Subcontractor’s work.

The Contractor and all Contractor’s 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 apprenticeable occupations, regardless of any other contractual or employment relationships alleged to exist.

18. Validity of Firm Bid Each bid must be a firm irrevocable offer, and remain open and valid for District acceptance for 90 days from submittal date.

19. Late Bids

No bid or bid modification received after the due date and time deadline will be considered.

20. Filing of Bid Protests

COMPLIANCE WITH THE FOREGOING REQUIREMENTS IS MANDATORY. Each bidder that desires to protest must file a protest in accordance with the foregoing requirements, and no bidder may rely on a protest by another bidder as a means of satisfying such requirements. Compliance with the foregoing requirements is the sole and exclusive means of protesting the bidding process, any bid, and/or the intended award of a contract for the project, and failure to so comply shall be deemed and construed as a waiver of any and all rights the Bidder may have to pursue a claim, demand or action based on the bidding, any bids, and/or any contract awarded for the project.

A bidder may protest the bidding process for the project only by filing a written protest with the District’s Director of Purchasing, Printshop, and Warehouse, Paul Lopez, in accordance with the procedures set forth in this section. The District will not consider any verbal protests (e.g., by telephone) or any protests sent by electronic mail. In order for a protest to be valid and considered by the District, the protest must: (a) be filed not later than five (5) calendar days prior to the scheduled board meeting; (b) clearly identify the bidder on whose behalf the protest is being filed, together with the name, address and telephone number of the person representing the bidder for purposes of the protest; (c) clearly identify the specific bidding process, RFP or award of the Contract being protested; (d) clearly identify and describe in detail the specific basis or bases for the protest and all facts relevant thereto and in support thereof; (e) clearly identify all references to the specific portions of all documents relevant to the protest; (f) clearly identify and describe in detail all arguments in support of the protest, including, without limitation, any citations to all legal authorities; and (g) be submitted with all documentation that is relevant to and supports the basis or bases underlying the protest.

If a protest filed by a Bidder does not comply with each and every one of the foregoing requirements, the District may reject the protest as invalid. If a Bidder files a valid protest, the District shall review the protest and all relevant information and documents and will provide written decision to the protesting bidder. In response to a protest, the Governing Board may decline to award a contract, may award a contract to a bidder other than as previously intended, or may award a contract to a bidder as previously intended despite the protest. Such action by the Governing Board shall be a condition precedent to the filing of any claim or demand and to the initiation of any action (legal or equitable) or other proceeding arising from the matter(s) protested.

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21. Addendums Bidders are advised that the District reserves the right to amend this BID at any time. Addendums will be done formally by providing written addendums to all potential Bidders known by the Purchasing department to have received a copy of the BID. All addenda issued by the District shall be included in the BID and made part of the Contract Documents. Any addendum(s) to this BID will be posted on the district website at: https://www.hesperiausd.org/page/current-bids , it is the sole responsibility of the bidder to check the District website for addendum postings.

a. Bidders must acknowledge receipt of any and all BID addendums. This shall be done by:

By signing and returning a copy of the issued addendum with the bid documents or

By initialing the appropriate “ACKNOWLEDGMENT OF ADDENDUMS” block in the “SPECIAL CONDITIONS” section of this BID.

b. The acknowledgement of receipt of an addendum must be RECEIVED by the Purchasing Department prior to the hour, and date specified for receipt of Bids. Failure to acknowledge receipt of addendums may result in rejection of bid.

c. Copies of any addendums will be available for inspection at the District’s Purchasing Department where BID documents will be kept on file.

d. Pursuant to Public Contract Code section 4104.5, if the District issues an addendum, which includes material changes to the project less than 72 hours prior to deadline for submission of bids, the District will extend the deadline for submission of bids. The District may determine, in its sole discretion, whether an addendum warrants a postponement of the submission due date.

e. No verbal or written information, which is obtained other than by information in this document or by amendment to this BID, will be binding on the District.

22. Bid Quantities and Minimum/Maximum Quantities

The quantities listed herein are estimates. The District reserves the right to order more, less or none of the quantity indicated or to withdraw a line item or the entire BID. Furthermore, the District will not consider a bid to be responsive to this solicitation if a minimum or maximum quantity purchase is required by the Bidder.

23. Payment Terms and Invoicing Unless otherwise agreed, the District will pay properly submitted vendor invoices within forty-five (45) days of receipt of goods or services, or combination of both. Payment will not be made until goods or services are delivered, installed (if required), and accepted as specified. Invoices presented for payment must be submitted in accordance with instructions contained on the purchase order.

The District makes no representations that an agreement will be awarded to any prospective vendor responding to this Bid.

24. Terms of Contract/Renewal April 30, 2027 shall be the final and non-extendable deadline for completion. No extensions beyond April 30, 2027 will be granted. The awardee(s) will be notified when the recommendation has been acted upon and approved by the Board of Trustees of the Hesperia Unified School District.

The District makes no representations that an agreement will be awarded to any prospective vendor responding to this BID.

25. Cancellation of Award/Termination In the event any of the provisions of this BID are violated by the Bidder, the District will give written notice to the Bidder stating the deficiencies and unless these deficiencies are corrected within ten (10)

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days, recommendation will be made by the District for immediate cancellation. Upon cancellation hereunder, the District may pursue any and all legal remedies as provided herein and by the law.

The District reserves the right to terminate any contract resulting from this BID, at any time and for any reason, upon giving thirty (30) days prior written notice to the other party. If said contract should be terminated for convenience as provided herein, the District will be relieved of all obligations under said contract. The District will only be required to pay to the Bidder that amount of the contract actually performed to the date of termination.

The Bidder will have the option to terminate the contract upon written notice to the Director of Purchasing. Such notice must be received at least ninety (90) days prior to the date of termination.

26. Default Cancellation of contract of awardee may result in the removal from the Districts bidders list for a period of three (3) years.

27. Lobbying

OFFERORS ARE HEREBY ADVISED THAT LOBBYING IS NOT PERMITTED WITH ANY DISTRICT

PERSONNEL OR BOARD MEMBERS RELATED TO OR INVOLVED WITH THIS BID UNTIL THE

ADMINISTRATION’S RECOMMENDATION FOR AWARD HAS BEEN POSTED AT THE DISTRICT

OFFICE. ALL ORAL OR WRITTEN INQUIRIES MUST BE DIRECTED THROUGH THE

PURCHASING DEPARTMENT.

a. Lobbying is defined as any action taken by an individual, firm, association, joint venture, partnership, syndicate, corporation, and all other groups who seek to influence the decision of a board member or District personnel after release of the BID and prior to the Board’s vote on the award of this contract.

b. Any Bidder who is adversely affected by the recommendation award may file a protest within the time prescribed per the District’s protest policy. Failure to adhere strictly to the rules pertaining to protests will result in summary dismissal by the Purchasing Department. Additionally, any Bidder who is adversely affected by the recommendation award may address the school board at a regularly scheduled board meeting.

Any Bidder or any individuals that lobby on behalf of Bidder prior to the Board’s vote on the award of this contract will result in the rejection and/or disqualification of said bid

28. Submission of Sealed Bids Once the Bid and supporting documents have been completed and signed as set forth herein, they shall be placed, along with the Bid Security and other required documents in an envelope, sealed, addressed and delivered in person or mailed, postage prepaid, to the Hesperia Unified School District at the place and to the attention of the person indicated in the Notice Inviting Bids. No oral or telephonic bids will be considered. No forms transmitted via the internet, facsimile, or any other electronic means will be considered unless specifically authorized by District as provided herein. The sealed envelope shall also contain the following in the lower left-hand corner thereof:

Bidder’s Name

BID # 26/27-003

29. Delivery and Opening of Bids Bids will be received by the District at the address shown in the Notice to Contractors Calling for Bids up to the date and time shown therein. The District will leave unopened any Bid received after the specified date and time, and any such unopened Bid will be returned to the Bidder. It is the Bidder’s

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sole responsibility to ensure that its Bid is received as specified. Bids may be submitted earlier than the date and time indicated.

Bids will be opened at the date and time stated in the Notice to Contractors Calling for Bids, and the amount of each Bid will be read aloud and recorded. All Bidders may, if they desire, attend the opening of Bids. The District may in its sole discretion, elect to postpone the opening of the submitted Bids.

District reserves the right to reject any or all Bids and to waive any informality or irregularity in any Bid.

In the event of a discrepancy between the written amount of the Bid Price and the numerical amount of the Bid Price, the written amount shall govern.

30. Iran Contracting Act of 2010 The Bidder hereby certifies that he or she or it is, and at all times during the performance of work hereunder shall be, in full compliance with the provisions of the Iran Contracting Act of 2010. The Bidder shall indemnify, hold harmless and defend the District against any and all actions, proceedings, penalties or claims arising out of the Bidder’s failure to comply strictly with the Iran Contracting Act of 2010.

31. Immigration Reform and Control Act The Bidder hereby certifies that he or she or it is, and at all times during the performance of work hereunder shall be, in full compliance with the provisions of the Immigration Reform and Control Act of 1986 (“IRCA”) in the hiring of its employees and the Bidder shall indemnify, hold harmless and defend the District against any and all actions, proceedings, penalties or claims arising out of the Bidder’s failure to comply strictly with the IRCA.

32. Anti-Discrimination It is the policy of the District that 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, pregnancy, physical or mental disability, physical or mental medical condition, veteran status, gender or sexual orientation. All bidders agree to comply with the District’s anti-discrimination policy and all applicable Federal and California anti-discrimination laws including but not limited to the California Fair Employment & Housing Act beginning with California Government Code sections 12940 et seq. and California Labor Code section 1735. In addition, all Bidders agree to require like compliance by any Subcontractor employed by them on the work on the Contract.

33. Public Records All documents included in the bids become the exclusive property of the District upon submittal to the

District. All Bids and other documents submitted in response to the Notice to Contractors Calling for Bids become a matter of public record, except for information contained in such bids deemed to be trade secrets, as defined in California Civil Code section 3426.1. A Bidder that indiscriminately marks all or most of its Bid as exempt from disclosure as a public record, whether by the notations of "Trade Secret," "Confidential," "Proprietary," or otherwise, may render the Bid non-responsive and rejected.

The District is not liable or responsible for the disclosure of such records, including those exempt from disclosure if disclosure is deemed required by law by an order of court, or which occurs through inadvertence, mistake or negligence on the part of the District or its officers, employees or agents. At such time as Bids are deemed a matter of public record, pursuant to the above, any Bidder or other party shall be afforded access for inspection and/or copying of such bids, by request made to the District in conformity with the California Public Records Act, Government Code sections 6250 et seq.

34. Drug-Free Workplace Certification

In accordance with the Drug Free Workplace Act of 1990 and California Government Code sections 8350 et seq., the successful Bidder will be required to execute a Drug-Free Workplace Certification concurrently with execution of the Agreement. The successful bidder will be required to implement and take the affirmative measures outlined in such provisions. Failure of the successful Bidder to comply

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with the measures outlined in such provisions may result in penalties, including without limitation, the termination of the Agreement, the suspension of any payment of the Contract Price otherwise due under the Contract Documents and/or debarment of the successful Bidder.

35. Bidders Interested in More Than One Bid and Bidders Not Qualified to Bid

No person, firm, or corporation shall be allowed to make, or file, or be interested in more than one bid for the same work unless alternate bids are specifically called for. A person, firm, or corporation that has submitted a sub-proposal to a Bidder, or that has quoted prices of materials to a Bidder, is not thereby disqualified from submitting a sub-proposal or quoting prices to other Bidders or making a prime proposal. No person, firm, or corporation shall be allowed to bid who has participated in the preparation of contract specifications; a bid by such a person, firm, or corporation shall be determined to be nonresponsive.

36. Early Termination Notwithstanding any provision herein to the contrary, if for any fiscal year of this Contract the Governing

Board of the District fails to appropriate or allocate funds for future periodic payments under the Contract after exercising reasonable efforts to do so, the District may, upon thirty (30) days' notice, order work on the Project to cease. The District will remain obligated to pay for the work already performed but shall not be obligated to pay the balance remaining unpaid beyond the fiscal period for which funds have been appropriated or allocated and for which the work has not been done.

37. USB Flash Drive A USB Flash Drive containing a PDF format of your proposal must be included in your sealed bid.

BID FORM AND

PROPOSAL

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BID FORM AND PROPOSAL

To: Governing Board of the Hesperia Unified School District ("District")

From:

[Insert Proper Name of Bidder]

The Bidder hereby agrees that its proposal is subject to all BID # 26/27-003, REFRIGERATOR UPGRADE - NUTRITION SERVICES provisions, terms and conditions, attachments, exhibits, amendments, and other applicable materials, which are attached to or incorporated by reference. Bidder hereby agrees to promptly enter into an agreement in substantial accordance with such Bid provisions, terms and conditions.

The Bidder hereby agrees that its attached proposal, of which this is part, is a firm and irrevocable offer and valid for acceptance by the District for the period through and including 90 days from submittal date. The Bidder hereby agrees that if its proposal is accepted by the District that it shall provide the Surfacing in accordance with the Bid, as it may be amended.

Pursuant to section 4552 of the Government Code, in submitting a proposal to the…