Roof Repair- District Office.pdf

Bid No. 2627-01

Roof Repair- District Office

PRE-BID JOB WALK: August 12, 2026 @ 9:30:00 AM

RFI DUE DATE: August 13, 2026 @ 1:00:00 PM

DISTRICT RFI RESPONSE DATE: August 18, 2026

FINAL ADDENDUM: August 18, 2026

BID OPENING DATE: August 25, 2026 @ 11:00:00 AM 11232 El Camino Real, Suite 100, San Diego, CA 92130

DMUSD CONTACT:

Marley Nelms, Director of Business Support Services

(858) 523-6191, FAX: (858) 755-4361

DISTRICT WEBSITE:

www.dmusd.org

THE TERMS AND CONDITIONS OF THIS CONTRACT ARE GOVERNED BY THE

CALIFORNIA EDUCATION AND PUBLIC CONTRACT CODES.

CONTENTS

http://www.dmusd.org/

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Bid No. 2627-01 Roof Repair- District Office

Notice to Contractors Inviting Bids………………………………………………………………………Page 3

Instructions for Bidders……………………………………………………………………………………Page 5

** Bid Form………………………………………………………………………………………… Page 14

** References…………………………………………………………………………………….. Page 16

** Bid Bond……………………………………………………………………………………….. Page 17

** Designation of Subcontractors…………………………………………………………….. Page 18

** DIR Certification………………………………………………………………………………. Page 19

** Contractor’s Statement for Maintaining A Drug-Free Workplace……………………. Page 20

** Workers' Compensation Certificate……………………………………………………….. Page 21

** Noncollusion Declaration……………………………………………………………………. Page 22

Agreement……………………………………………………………………………………………….. Page 23

Certification of Employee Background………………………………………………………………... Page 26

Performance Bond………………………………………………………………………………………. Page 27

Payment Bond for Public Works………………………………………………………………………. Page 28

Special Conditions……………………………………………………………………………………… Page 29

Scope of Work……………………………………………………………………………………........... Exhibit A

General Conditions.…………………………………………………………………………………….. Exhibit B

Specifications (Fluid Applied Roof Coating)………………………………………………………….. Exhibit C

**MUST BE COMPLETED AND RETURNED FOR BID OPENING. THE REST OF THE BID

PACKAGE SHOULD BE KEPT FOR YOUR INFORMATION.

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NOTICE INVITING BIDS

BID 2627-01 Roof Repair- District Office

NOTICE IS HEREBY GIVEN that the Del Mar Union School District of San Diego County, California (“District”), acting by and through its Board of Education (“Board”), will receive up to but not later than 11:00:00 AM, August 25, 2026, sealed bids for the award of a contract(s) for:

BID 2627-01 Roof Repair- District Office

District has elected to become subject to the alternative bidding procedures set forth in the California Uniform Public Construction Cost Accounting Act (“CUPCCAA”), Public Contract Code section 22000 et seq., with respect to public projects, as that term is defined in Public Contract Code section 22002(c). This Project is subject to CUPCCAA’s formal bidding procedures per Public Contract Code section 22032(c). Accordingly, notice is being given in accordance with the provisions of Public Contract Code section 22037. Further, the contract will be awarded and/or the bids rejected in accordance with CUPCCAA.

The District will conduct one (1) mandatory pre-bid job walk to be held at 9:30:00 AM on Wednesday, August 12, 2026, at Del Mar Union School District, District Office, located at 11232 El Camino Real, San Diego, CA 92130, at the front office, for the purposes of viewing the site and verifying measurements.

Bidders are required to attend the mandatory pre-bid job walk.

All attendees shall be required to sign-in. An attendance sign-in sheet will be provided. There will be no exceptions.

Each bid must conform and be responsive to the bid documents. The full Notice to Contractors Calling for Bids, Bid Documents and Contract Documents for the Project are available and downloadable at District’s website at https://www.dmusd.org/Departments/Business-Services/Purchasing/Bid-Opportunities/index.html.

Questions on the Contract Documents should be submitted by email to Marley Nelms, Director of Business Support Services at mnelms@dmusd.org, no later than August 13, 2026, 1:00:00 PM. All questions will be answered via addendum and posted to the District’s website.

Each bid shall be accompanied by a 10% bid bond, based on base bid amount, and other required contract documents as specified in the bid document.

Sealed bids shall be received up to but no later than 11:00:00 AM, August 25, 2026, Attention Business Services department of the Del Mar Union School District located at 11232 El Camino Real, Suite 100, San Diego, CA 92130. Responses must be sealed and clearly marked “BID 2627-01 Roof Repair- District Office” Facsimile or electronic copies of the bid will not be accepted. It is the bidder’s responsibility to ensure its bid is received by the date and time specified above. Any bid received in the Business Support Services Department after this date and time shall be deemed non-responsive and returned to the proposer unopened.

No Contractor or Subcontractor may be listed on the Bid Form or Designation of Subcontractors Form for the Project unless registered with the Department of Industrial Relations ("DIR") pursuant to Labor Code section

1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No Contractor or Subcontractor may be awarded a contract for the Project unless registered with DIR pursuant to Labor Code section 1725.5. This Project is subject to compliance monitoring and enforcement by the DIR.

The Contractor and any subcontractor(s) shall pay not less than the specified prevailing wage rates to all workers employed by them in the execution of this contract. See the Department of Industrial Relations website http://www.dir.ca.gov for prevailing wage rate information. The Contractor shall post a copy of the determination of prevailing rate of wages at each job site.

Each bidder shall possess at the time of bid opening the following valid and active California Contractor’s license: C-39, pursuant to Public Contract Code §3300. The successful bidder must maintain the licenses mailto:mnelms@dmusd.org http://www.dir.ca.gov/

4 | P a g e throughout the duration of this contract and its renewals, if any. Lack of valid licenses will result in disqualification and termination.

No bidder may withdraw its bid for a period of sixty (60) days after the date set for the opening of bids.

The District shall award to the lowest bidder and act as the sole judge as to the merit and qualifications of the services offered. The District reserves the right to reject any and all bids or to waive irregularities in any bid.

Notices Sent: August 4, 2026 and August 11, 2026

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INSTRUCTIONS FOR BIDDERS

1. Pre-Bid Job Walk. The District will conduct one (1) mandatory pre-bid walk to be held at 9:30:00 AM on Tuesday, August 12, 2026, at Del Mar Union School District, located at 11232 El Camino Real, San Diego, CA 92130, at the front office, for the purposes of viewing the site and verifying measurements.

Bidders are required to attend the mandatory pre-bid job walk. All attendees shall be required to sign-in.

An attendance sign-in sheet will be provided. There will be no exceptions.

2. Preparation of Bid Form. The District invites bids on the bid form to be submitted at such time and place as is stated in the Notice to Contractors Calling for Bids. All blanks in the bid form must be appropriately filled in, and all prices must be stated in both words and figures. All bids must be submitted in sealed envelopes bearing on the outside the name of the bidder, his address, and the name of the project for which the bid is submitted. It is the sole responsibility of the bidder to see that his bid is received in proper time. Any bid received after the scheduled closing time for receipt of bids will be returned to the bidder unopened.

3. Bid Security. Each bid shall be accompanied by a certified or cashier's check payable to the District, or a satisfactory bid bond in favor of the District executed by the bidder as principal and an admitted surety approved to conduct business in the State of California as surety, in an amount not less than ten percent (10%) of the maximum amount of the bid. The check or bid bond shall be given as a guarantee that the bidder shall execute the contract if it be awarded to him in conformity with the contract documents and shall provide the surety bond or bonds as specified therein within five (5) days after notification of the award of the contract to the bidder.

4. Review of Plans and Specifications. Each bidder, at its own expense and prior to submitting its bid, shall thoroughly review and become familiar with all of the plans and specifications for the Project.

A bidder is required to review the plans and specifications only in its capacity as a contractor, not as a licensed design professional. Each bidder must report to the District any errors or omissions in the plans and specifications revealed through such review.

5. Examination of Project Site and Contract Documents. These Instructions for Bidders do not constitute a comprehensive statement of all requirements applicable to the Project; therefore, each bidder shall thoroughly examine and become familiar with the drawings, specifications, form of agreement, forms of the required bonds, insurance endorsements and other “Contract Documents” defined in the Form of Agreement. A bidder’s failure to obtain and/or thoroughly examine any drawing, specification, form, instrument, addendum or other contract document, or to visit the site and become acquainted with conditions there- existing, shall not relieve the bidder from any obligations with respect to its bid or the contract. The submission of a bid shall be taken as a representation and warranty by the bidder that it has complied with the requirements of this Section. At no time after submitting a bid may the bidder dispute, complain, or assert that there were any misunderstandings with regard to the nature or amount of work to be done in connection with the Project.

6. Interpretation of Contract Documents. If a bidder is in doubt as to the true meaning of any part of the Contract Documents or finds discrepancies in or omissions from the drawings and specifications, the bidder may submit to the District a written request for an interpretation or correction thereof. The bidder submitting the request shall be responsible for its prompt delivery. Prior to the opening of bids, interpretations or corrections of the Contract Documents will be made only by addendum duly issued by the architect. Copies of each addendum will be mailed or delivered to each contractor that has obtained a copy of the bid documents. No person is authorized to provide any oral interpretation of any provision in the Contract Documents, and no oral interpretation shall be binding on the District. If discrepancies in or conflicts between the drawings and specifications are not addressed in any addenda, the bidder shall include in its bid the methods of construction and/or materials resulting in the higher bid amount.

7. Agreements and Bonds. The Agreement form which the successful bidder, as Contractor, will be required to execute, and the forms and amounts of surety bonds which he will be required to furnish at the time of execution of the Agreement, are included in the contract documents and should be carefully

6 | P a g e examined by the bidder. The required number of executed copies of the Agreement, the Performance Bond, and the Payment Bond for Public Works is as specified in the Special Conditions. The Performance Bond must be executed by an admitted Surety approved to conduct business in the State of California which meets the highest standards the District is legally permitted to establish.

The Payment Bond must be in the amount of 100 percent of the total amount payable, if it does not equal or exceed five million dollars ($5,000,000) or more; 50% of the total amount payable, if it is $5,000,000 or more and does not exceed ten million dollars ($10,000,000); and 25% of the total amount payable if it exceeds ten million dollars. The Payment Bond must be executed by an admitted Surety approved to conduct business in the State of California which meets the highest standards the District is legally permitted to establish. The Payment Bond must be accompanied by the original or a certified copy of the unrevoked power of attorney or other appropriate instrument entitling or authorizing the person who executed the bond to do so.

8. Ethics in Bidding. The District expects each bidder to maintain high ethical standards with respect to bidding on the Project. Prior to the award of a contract for the Project, no bidder shall disclose the amount of any prospective subcontractor’s bid or proposal, or any element thereof, to any other prospective subcontractor. Bidders shall not engage in or permit the unethical and unfair practices commonly referred to as bid shopping (e.g., the bidder uses a subcontractor’s proposal in attempts to obtain a lower-cost proposal from another subcontractor) and bid peddling (e.g., a subcontractor attempts to obtain a job by offering to work for less than the amount specified in another subcontractor’s proposal). If the District determines prior to opening of bids that any bidder has violated any of the foregoing requirements or any other prohibitions set forth in the Subletting and Subcontracting Fair Practices Act (Public Contract Code Section 4100 et seq.), the District may reject the bidder’s bid as non-responsive and report the bidder’s actions to the Contractors State License Board.

9. Contractor Licensing & Experience. Each bidder must be properly licensed in the State of California and “in good standing” at the time of submitting its bid to the District. Failure to satisfy this requirement shall result in the bidder being deemed non-responsive and the bidder will be disqualified from work on the Project. Each bidder must clearly specify its California contractor’s license number where indicated in the bid form. The bidder to which the District awards a contract for the Project must maintain the required license(s) specified in the Notice Inviting Bids throughout the duration of the Project. Each bidder shall have five (5) years of experience and been in business in the appropriate field for the past (5) five years.

10. Listing Subcontractors. As required pursuant to the Subletting and Subcontracting Fair Practices Act, each bidder shall submit with its bid a list of the names, license numbers, DIR registration numbers, and locations of the places of business of each subcontractor that will perform work or labor or render service to the bidder in or about the Project, or that, under subcontract to the bidder, will specially fabricate and install a portion of the work, in an amount in excess of one-half of 1 percent of the total amount of the bidder’s bid. A bidder may not list more than one subcontractor for any one portion of the work. A bidder that fails to list a subcontractor for any portion of the work represents that it is fully qualified to and shall perform such work using its own forces. If the bid documents require the bidder to submit alternate bids and the bidder intends to use different or additional subcontractors for the alternates, the bidder must submit a separate list of subcontractors for each such alternate. A bidder shall submit the lists of subcontractors only on the form included in the bid documents.

11. Use of Bid Form is Mandatory. Each bid must be submitted on the Bid Form included in the bid documents. Changes in or additions to the Bid Form, recapitulations of the work for which the bid is submitted, alternative proposals, and other modifications of the Bid Form or any of the documents to be submitted with the bid are prohibited unless specifically called for in the Contract Documents.

12. Preparing the Bid. Bidders must fully and properly complete all information required to be included on the Bid Form. Amounts must be stated in both words and numerals where indicated. Prices, wording and notations must be in ink or typewritten. The signatures and/or initials of each person signing the bid and other documents to be submitted with the bid must be in permanent, preferably blue, ink.

13. Correcting the Bid. Bids may contain an erasure, interlineation, or other correction only if the correction does not result in any inconsistency or ambiguity and the correction is authenticated by affixing in the margin immediately opposite the correction the initials of the person or persons signing the bid. In

7 | P a g e the event of inconsistency between words and numerals, words shall govern over numerals.

(a) Mandatory Forms to Include in Bid. Each bidder shall complete and submit with its Bid Form each of the forms specified on the bid form, which are included in the bid documents. A bidder’s failure to properly complete and submit any such mandatory form may render the bidder’s bid non- responsive to the Notice Inviting Bids.

14. Signing the Bid and Other Required Forms. The Bid Form, bonds, subcontractors list, contractor’s certificates, attachments to the Agreement Form, guarantees and other documents requiring an original signature of the bidder must be signed in permanent, preferably blue, ink by a person or persons duly authorized to sign the document. The District may reject as non-responsive any Bid Form containing a stamped or mechanically- printed signature. Depending on whether the bidder is an individual or the type of business entity, signatures must comply with the following:

a) Corporations: If bidder is a corporation, each document shall set forth the legal name of the corporation and shall be signed by both the bidder’s President and the bidder’s Secretary or Assistant Secretary. Alternatively, the signature of other authorized officers or agents may be affixed to the document if the bidder has included with its bid a certified copy of the resolution of the corporate board of directors authorizing such officers or agents to sign the document.

Such documents shall include the title of each such signatory below the signature and shall bear the corporate seal.

b) Limited Liability Companies: If bidder is a limited liability company, each document shall set forth the true name of the company and the names of all members of the company, and all such members shall sign the document. Alternatively, the document may be signed by a managing member of the company if the bidder has included in its bid a certified copy of a statement of the limited liability company acknowledging the signatory as a managing member with authority to sign the document.

c) Partnerships: If bidder is a partnership of any type, each document shall set forth the true name of the partnership and the names of all persons comprising the partnership, and all such persons shall sign the document. Alternatively, the document may be signed by a general partner of the partnership if the bidder has included in its bid a certified copy of a statement of the partnership acknowledging the signatory as a general partner with authority to sign the document.

d) Sole Proprietorships: If the bidder is a sole proprietorship, each document must set forth the true name of the sole proprietorship and its owner, and such owner must sign the document. Alternatively, an agent of the owner may sign a document if the bidder has included in the bid a certified copy of a current and valid power-of-attorney authorizing the agent to sign the document.

e) Fictitious Names and Joint Ventures: If the bidder is an entity using a fictitious business name or a joint venture of two or more other parties, documents must satisfy the requirements set forth above for signatures on behalf of corporations and partnerships, as applicable. The signature on any document signed on behalf of any entity using a fictitious business name must so indicate in the signature block. Documents submitted by parties acting as joint venturers must so indicate in the signature block and must be signed by or on behalf of each and every joint venturer.

15. Sealing and Marking the Bid. The completed Bid Form and all additional documents and other materials to be submitted with the bid in accordance with the Contract Documents shall be enclosed in a sealed envelope. The bidder shall plainly and clearly mark the outside of the envelope with the bidder’s name, address, telephone number, bidder’s contractor’s license number and the bid package for which the bid is submitted. Bids shall be clearly marked “BID 2627-01 Roof Repair- District Office.” No other information shall be apparent on the outside of the envelope. The District may reject any bid if the outside of the envelope is improperly or incompletely marked.

16. Faxed and Electronic Mail Bids. All bids must be under sealed cover. District will not accept any bid or bid modification submitted by facsimile or electronic mail transmission.

17. Delivering the Bid. For purposes of the Notice Inviting Bids and these Instructions for Bidders, any

8 | P a g e reference to the “Bid Deadline” shall mean the date and time specified as the Bid Deadline in the Notice Inviting Bids and any authorized extension thereto. Bids shall be received Attention: Business Services department of the Del Mar Union School District located at 11232 El Camino Real, Suite 100, CA 92130. Responses must be sealed and clearly marked “BID 2627-01 Roof Repair- District Office” Facsimile or electronic copies of the bid will not be accepted. It is the bidder’s responsibility to ensure its bid is received by the date and time specified above. The clock located in the District Office is designated as the official clock for bidding purposes shall be used in determining whether bids have been timely delivered and received by the District. Each bidder is solely responsible for ensuring that its bid is timely delivered to and received by the District. Any bid received by the District after the Bid Deadline will be returned to the bidder unopened.

18. Submitting Bids for Multiple Bid Categories. If the District is seeking bids for other bid categories related to the Project, bidders may submit bids for more than one bid category. However, the bid for each bid category must be complete unto itself and shall not be dependent on the award, price or some other conditional provision relative to any other separate bid category. No combination bids of any type will be accepted unless expressly permitted in the bid documents.

19. Interest in More Than One Bid and Unqualified Bidders. No person or entity shall submit or have any interest in more than one prime bid for the same work except to the extent the bid documents expressly call for alternate bids. The District will not accept more than one bid for the same work from any person or entity, under the same or different names. A reasonable belief by the District that any person or entity has an interest in more than one bid or has submitted more than one bid for the same work on the Project may result in the District rejecting all bids in which the bidder has an interest. A person or entity that has submitted a sub-bid or proposal to a bidder, or that has quoted prices of materials to a bidder, is not thereby disqualified from submitting a sub-bid or proposal to other bidders, but the person, firm or corporation is prohibited from submitting a prime bid for the same bid category. The District will not accept any combination bids unless expressly permitted in the bid documents. No person or business entity that has participated in the preparation of any contract specifications shall be permitted to bid on the Project, and any such bid received by the District shall be deemed non-responsive.

20. Modifying a Bid. Prior to the Bid Deadline, a bidder may modify its bid by submitting the written modification to the District, in a sealed envelope, which must be received by the District not later than the Bid Deadline. The envelope shall be marked in the same manner as provided in these Instructions For Bidders for the original bid but shall also include the words “Bid Modification” on the outside of the envelope. The District may reject any modified bid if the modification is not received by the District prior to the Bid Deadline or if it creates an ambiguity or inconsistency, including, without limitation, if the modified bid is unintelligible. In lieu of submitting a modification, a bidder may withdraw its original bid in accordance with these Instructions For Bidders and submit a new bid for the Project, in which case the outside of the sealed envelope shall be marked with the words “Superseding Bid” in addition to the other required information. The bidder must submit any modification or superseding bid in writing to the District via personal or other delivery. The District will not accept oral modifications or superseding bids and will not accept any modifications or superseding bids sent via facsimile or electronic transmission. Any modification or superseding bid must be delivered to and received by the District prior to the Bid Deadline.

21. Withdrawing a Bid. A bidder may withdraw its bid at any time prior to the Bid Deadline, either personally or by written request received by the District prior to the Bid Deadline. In such event, the District shall return the withdrawing bidder’s bid security upon request. Except as provided in Public Contract Code Section 5100 et seq., in no event may a bidder withdraw its bid during the period after opening of bids that is specified in the Notice Inviting Bids. Principal shall not withdraw said bid within the period specified therein after the opening of the same, or if no period be specified, within sixty

(60) days after said opening.

22. Requesting Substitution of Specified Item. Unless the Contract Documents provide in any particular case that substitution is not permitted, if the Contract Documents call for any specific concern, material, product, thing or service, such specification shall be interpreted as if followed by the words “or equal.”

Unless provided otherwise in the Contract Documents, a bidder may offer in place of any item specified in the plans, drawings, or other Contract Documents (“Specified Item”) any material, 9 | P a g e process, article, et cetera that the bidder can demonstrate is materially equal or better in every respect to the Specified Item and that will completely accomplish the purpose of the Contract Documents. Requests for substitution must be made in writing on the Substitution Request form included in the bid documents or available from the District (“Request Form”). Each substitution request is subject to and must conform to the requirements of Sections 3.10.4.3, 3.10.4.4, and 3.10.4.5 of the General Conditions, including, without limitation, requirements for submitting documentation in support of the request. Substitution requests must be submitted to the District not later than the date that is eight (8) days prior to the Bid Deadline specified in the Notice Inviting Bids. The District will not consider any substitution requests received after such date except to the extent provided in Section

3.10.4.2 of the General Conditions.

The bidder is solely responsible for establishing that a proposed substitution satisfies all requirements of the Contract Documents, including, without limitation, that the proposed substitute item is equal to or better than the Specified Item in all material respects. The bidder must provide with the Request Form, at a minimum, all information required in accordance with Section 3.10.4.4 of the General Conditions to substantiate the request. The District may at any time request any additional information regarding the proposed substitute item. The District, in consultation with the Architect and the Construction Manager as applicable, will decide whether to approve a substitution based on the information provided by the bidder. The District has the sole discretion to determine whether a proposed substitute item is equal to or better than a Specified Item. Any request for substitution that is granted by the District shall be documented and processed by means of a Change Order after execution of the contract. 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. The bidder shall be responsible for and shall bear any and all risks, expenses and costs of delay arising from review or approval of a substitution by the DSA or other governmental agency.

SUBMISSION OF A SUBSTITUTION REQUEST AND SUBSTANTIATING DATA SHALL IN NO WAY

OBLIGATE THE DISTRICT TO REVIEW THE REQUEST OR DATA PRIOR TO AWARD OF A

CONTRACT FOR THE PROJECT. IF THE DISTRICT AWARDS A CONTRACT FOR THE PROJECT

TO A BIDDER AND SUBSEQUENTLY REJECTS A SUBSTITUTION PROPOSED BY SUCH

BIDDER, THE BIDDER MUST PROVIDE THE SPECIFIED ITEM IN ACCORDANCE WITH THE

CONTRACT DOCUMENTS, AT NO ADDITIONAL COST TO THE DISTRICT.

23. District Waiver of Bid Irregularities. The District, in accordance with applicable law, may waive any minor irregularity or informality in any bid or in the bidding.

24. District Rejection of Irregular Bids. The District will reject as non-responsive to the Notice Inviting Bids any bids containing irregularities that are not minor irregularities, including, by way of example and not as a limitation, bids that are materially incomplete, bids submitted on forms that have been materially altered, and bids that include any additions or conditional or alternate bids not called for or permitted in the bid documents. In addition, the District may reject as non-responsive to the Notice Inviting Bids any bid in which the bid amounts are obviously unbalanced or inconsistent. The District may, but is not required to, seek information from any bidder that may resolve an ambiguity in the bidder’s bid.

25. District Rejection of Non-Responsive Bids. If a bid fails to conform to requirements set forth in the Notice Inviting Bids, these Instructions For Bidders, or any of the other Contract Documents (including, without limitation, if the District determines that the bid is unintelligible, internally inconsistent, or ambiguous), the District may reject the bid as not responsive to the Notice Inviting Bids. The District may, but is not required to, seek information from any bidder that may resolve an ambiguity in the bidder’s bid.

26. Bidder Evidence of Responsibility. In determining whether a bidder is a “responsible” bidder, the District will consider, among other possible factors, the financial standing and general competency of the bidder with respect to the work being bid. If the District is considering awarding a contract for the Project to a bidder, the bidder, within two business days of the District’s request, shall provide reasonable evidence of the bidder’s construction experience, current and anticipated workload, organization available for the performance of the contract, any terminations from projects prior to

10 | P a g e completion, references for public works, financial resources, surety and insurance claims experience, stop notice and other legal proceedings, and other factors pertinent to determining

27. District Award of Contract. In its discretion, the Governing Board may award a contract for the Project to a responsive bidder, or the Governing Board may reject all bids and may (but is not required to) rebid the Project. If the Governing Board awards a contract for the Project, the award will be to the responsible and responsive bidder with the lowest bid from among the bidders responsive to the Notice Inviting Bids.

If two or more responsive and responsible bidders have submitted the same low bid, the District shall determine the lowest bidder by means of a coin toss or some other random method. The District reserves the right to award any one or more items of the bid to one or more contractors as deemed to be in the best interest of the district. The District may reject any Bid which, in its opinion when compared to other bids received or to the District’s internal estimates, does not accurately reflect the cost to perform the Work. The District may reject as non-responsive any bid which unevenly weights or allocates costs, including but not limited to overhead and profit to one or more particular bid items. The District reserves the right to reject any or all bids, or to waive any irregularities or informalities in any bids or in the bidding. The award of the contract, if made by the District, will be to the lowest responsible bidder(s).

28. Award Process. Once all Bids are opened and reviewed to determine the lowest responsive and responsible Bidder, the District Board may award the contract. The apparent successful Bidder should begin to prepare the following documents: (1) the Performance Bond; (2) the Payment Bond; and (3) the required insurance certificates and endorsements. Once the District notifies the Bidder of the award, the Bidder will have five (5) business days from the date of this notification to execute the Contract and supply the District with all of the required documents and certifications. Once the District receives all of the properly drafted and executed documents and certifications from the Bidder, the District shall issue a Notice to Proceed to that Bidder.

29. Bidder Execution of Contract. The bidder to which the District awards a contract for the Project shall be sent a Preliminary Notice of Award and shall have ten (10) calendar days after notification of the award to execute and deliver to the District the contract and all other documents required in accordance with the Contract Documents. If the bidder fails to execute and provide all such documents within that period, the bidder will forfeit the bid security submitted with its bid in accordance with the Notice Inviting Bids. In such event, the District may award the contract to the next lowest responsible and responsive bidder or release all bidders.

30. Filing Bid Protests. A bidder may protest the bidding process, another bid and/or the intended award of a contract for the Project only by filing a written protest with the District’s Deputy Superintendent of Business Services 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 (e-mail). In order for a protest to be valid and b e considered by the District the protest must:

(a) be filed not later than 4:00 p.m. on the third business day following the opening of bids

(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, bid, or award of 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, not as a limitation, 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 will 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

11 | P a g e 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.

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.

31. Public Works Project. The Project is a “public work” and “public project” within the meaning of, and, therefore, is subject to, various provisions of the Public Contract Code, Labor Code, Civil Code, and other legal requirements applicable to public works and public projects. The Contract Documents include various provisions relating to public works and public projects as provided by law, and each bidder must thoroughly review and become familiar with the Contract Documents as described above in these Instructions for Bidders. However, the provisions of the Contract Documents are not comprehensive statements of all requirements of law applicable to public works and public projects, and each bidder so acknowledges by submitting a bid for the Project. In addition, by submitting a bid for the Project, each bidder represents and warrants that it is familiar and knowledgeable with respect to all requirements of law applicable to public works and public projects generally and to the Project specifically.

32. Subcontractor Eligibility and Licensing. The bidder to which the District awards a contract for the Project shall in no event permit a subcontractor to perform any work in connection with the Project if that subcontractor is ineligible to work on a public works or public project. Each subcontractor that the bidder intends shall perform any work in connection with the Project must be licensed in accordance with law prior to commencing any work on the Project.

33. Workers' Compensation In accordance with the provisions of section 3700 of the Labor Code, Contractor shall secure the payment of compensation to his employees. Contractor shall sign and file with 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 require 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 part of the contract documents.

34. Substitution of Security Monies withheld by the District to ensure performance under the contract may be released in accordance with Public Contract Code section 22300 and the contract documents.

35. Prevailing Wages. The bidder to which the District awards a contract for the Project, and each of that bidder’s subcontractors of any tier, shall be required to pay not less than the general prevailing rates of per-diem wages in the locality in which the work is to be performed for each craft or type of worker needed to execute the contract (“Prevailing Wages”). The successful bidder must retain copies of certified payrolls for a minimum of five years from the date of completion and submit upon the request of the District or its authorized agent. A copy of the per-diem rates of Prevailing Wages shall be posted at the site of the Project. Rates are available at http://www.dir.ca.gov/dlsr/pwd/index.htm

36. Public Works Contractor Registration Certification. If the bids for this Project are due on or after March 1, 2015, then pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted, nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded a Contract, the Bidder and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project. To this end, Bidder shall sign and submit with its Bid the Public Works Contractor Registration Certification on the form provided, attesting to the facts contained therein. Failure to submit this form may render the Bid non-responsive. In addition, each Bidder shall provide the registration number for each listed subcontractor in the space provided in the Designation of http://www.dir.ca.gov/dlsr/pwd/index.htm

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Subcontractors Form.

37. Apprenticeable Trades and Crafts. Not later than two calendar days after receiving notice of the award of the contract for the Project, the bidder to which the District awards the contract must provide written notice to the District in regard to whether, as described in Labor Code Section 1777.5, workers in any apprenticeable trade or craft will be employed on the Project.

38. Criminal-History Background Checks. The Contractor shall require and be responsible for ensuring that each person who will be at, on, or in the vicinity of the Project Site on account of the Work, and/or each person who interacts with pupils on account of the Work, has a valid criminal records summary as required by Education Code Section 45125.1. The Contractor must complete, execute, and submit to the District a “Certification of Employee Background” form included in the Required Project Forms, to thereby certify that no person assigned to the Work or who otherwise will be present at or on the Project Site, and/or each person who might interact with pupils, has been convicted of any felony as described in Education Code Section 45122.1. The Contractor must attach to the executed certification a list of all persons to whom the certification applies. The Contractor shall prohibit and prevent each and every person who will be at, on or in the vicinity of the Project Site on account of the Work (including not only all persons assigned to the Work directly by the Contractor, but also all persons assigned to the Work by any Subcontractor, materialman, or other person or entity that furnishes any labor, materials, services, goods or other things in connection with the Work), and/or each person who might interact with pupils, from being present at, on or in the vicinity of the Project Site unless and until the Contractor provides the required certification including such person to the District. Moreover, Contractor shall immediately provide any applicable subsequent arrest and conviction information it receives to the District. If the Contractor is a sole proprietor, the District shall prepare and submit the Contractors fingerprints per Education Code section 45125.1. Any Contractor that is a sole proprietor shall have an immediate and affirmative duty to inform the District of such status so as to allow the District to comply with Education Code section 45125.1. Notwithstanding the foregoing, compliance with Education Code Section

45125.1 shall be subject to the District’s sole discretion to grant alternative compliance requirements per Education Code section 45125.2, subdivision (a).

39. Anti-Discrimination Policy. It is a policy of the District that, in connection with any work performed under contract, there shall 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. No bidder shall discriminate in violation of applicable law in preparing and submitting its bid for the Project. The bidder to which the District awards a contract for the Project will be required to comply with applicable federal and California laws prohibiting such discrimination and to require like compliance by any subcontractors employed on the Project by such bidder.

40. Project Duration and Liquidated Damages. The bidder to which the District awards a contract for the Project must complete the Project in accordance with the Contract Documents and within the time period specified in the Special Conditions. Failure of such bidder to fully complete the Project within such time period, or to complete any portion thereof in accordance with any applicable schedule for the Project, may result in the District assessing liquidated damages against the Contractor as provided in the General Conditions.

41. Execution of Contract. As required herein the Bidder to whom an award is made shall execute the Contract in the amount determined by the Contract Documents. The District may require appropriate evidence that the persons executing the Contract are duly empowered to do so.

42. Gratuities. Bidders shall not provide, offer, imply, or otherwise extend any gratuities, including cash gifts, services, allowances, or enticements in any manner or form, to officers, employees, students, agents, or representatives of the District.

43. IRS Requirements. The District shall view the legal position of the bidder as an “independent contractor” and that all persons employed to furnish services are employees of the bidder and not of the District.

a) The District shall not be liable for any of the contractor’s acts or omissions performed under the contract to which the bidder party.

b) The bidder will complete IRS form W-9 providing taxpayer identification number and also

13 | P a g e indicate whether bidder is a corporation, sole-proprietor, partnership, individual, etc. This form will be sent to the successful bidder with the Agreement, Performance and Payment Bond and is to be returned with same.

END OF INSTRUCTIONS FOR BIDDERS///

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BID FORM- BID 2627-01

Business Name: _______________________________________________________

Contact Name: _______________________________________________________

Business Address: _______________________________________________________

Place of Residence: _______________________________________________________

Business Telephone: (_____) ____________________ Fax:( _____) _________________

E-Mail Address: _______________________________________________________

Acknowledgement of Addenda __________________

TO: Del Mar Union School District, acting by and through its Governing Board, herein called the "Owner:"

1. Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having familiarized himself with the terms of the contract, the local conditions affecting the performance of the contract and the cost of the work at the place where the work is to be done, and with the specifications and other contract documents, hereby proposes and agrees to perform, within the time stipulated, the contract, including all of its component parts, and everything required to be performed, and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all utility and transportation services necessary to perform the contract and complete in a workmanlike manner all of the work required and with all in strict conformity with the specifications and other contract documents, including addenda, if any for the following project: Bid No. 2627-01 Roof Repair- District Office.

Roof Repair- District Office Amount in Words

Grand Total $

2. District reserves the right to award as deemed to be in the best interest of the district. The District shall award to the lowest grand total, responsive, responsible bidder, and act as the sole judge as to the merit and qualifications of materials or services offered.

3. It is understood that the District reserves the right to reject this bid and that this bid shall remain open and not be withdrawn for the period specified in the Notice to Contractors Calling for Bids.

4. The required list of References is hereto attached.

5. The required Bid Security is hereto attached.

6. The Designation of Subcontractors is hereto attached.

7. The Contractor’s Statement for Maintaining a Drug-Free Workplace is hereto attached.

8. The Contractor’s Certificate Regarding Worker’s Compensation is hereto attached.

9. The Noncollusion Affidavit is hereto attached.

10. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to the District a contract in the form attached hereto in accordance with the bid as accepted, and that he will also furnish and deliver to the District the Performance Bond and Payment Bond for Public Works as specified, all within five (5) days after receipt of notification of award, and that the work under the contract shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in the Owner's notice to the Contractor to proceed, and shall be completed by the Contractor in the time specified in the contract documents.

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11. Notice of acceptance or requests for additional information should be addressed to the undersigned at the address stated below:

12. The names of all persons interested in the foregoing proposal as principals are as follows:

(IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if a co-partnership, state true name of firm, also names of all individual copartners composing firm; if bidder or other…