Sand Volleyball Courts Project at Hemet High School.pdf

FAC2027-04

Sand Volleyball Courts Project at Hemet High School

Hemet Unified School District Email: facilities@hemetusd.org

Bid Opening on 9/29/2026 at 2:00:00 PM

CUPCCAA Informal Bid – FAC2027-04

INSTRUCTION TO BIDDERS

Bidders shall follow the instructions in this document, and shall submit all documents, forms, and information required for consideration of a Bid.

Hemet Unified School District (“District”) will evaluate information submitted by the apparent low Bidder and, if incomplete or unsatisfactory to District, Bidder's bid may be rejected at the sole discretion of District.

1. Project. Bids are requested for a general construction contract, or work described in general, for the following project:

FAC2027-04 Sand Volleyball Courts Project (“Project” or “Contract”)

2. Submittal of Bids. District will receive sealed Bids from Bidders as indicated in the Notice to Bidders and each Bidder shall ensure that its Bid contains all documents as required herein and is submitted by date and time shown in the Notice to Bid.

a. Contractors must ensure that the Facilities & Planning Department at the District receives its bid, sealed and marked with name and address of the Bidder, the Project name and number, the bid number and bid package (if applicable), and the date and time of bid opening.

3. Bid Opening. Bids will be opened at or after the time indicated for receipt of bids.

4. Complete Bids. Bidders must supply all information required by each Bid Document. Bids must be full and complete. District reserves the right in its sole discretion to reject any Bid as non-responsive as a result of any error or omission in the Bid. Each Bidder must complete and submit all of the following documents as its Bid:

Bid Form Bid Bond or other security Designated Subcontractors List Noncollusion Declaration Prevailing Wage Certification

1. Awarded Bid. The Bidder awarded the Contract shall execute and submit the following documents by 4:00 p.m. of the SEVENTH

(7TH) calendar day following the date of the Notice of Award. Failure to properly and timely submit these documents entitles District to, among other remedies, make a claim against Bidder’s Bid Bond or deposit Bidder’s cash, cashier's check, or certified check. The proceeds thereof may be retained by District as liquidated damages, in District’s sole discretion.

a. Contract Form: To be executed by successful Bidder.

b. Workers’ compensation certification.

c. Criminal background investigation /fingerprinting certification

d. Asbestos & Other Hazardous Materials Certification

e. Tobacco-Free Environment Certification

f. Drug-Free Workplace Certification

g. Lead-Product(S) Certification

h. California Air Resources Board (Carb) Compliance Certification

i. Performance Bond (100%): On the form provided in the Contract Documents and fully executed as indicated on the form.

j. Payment Bond (100%) (Contractor's Labor and Material Bond): On the form provided in the Contract Documents and fully executed as indicated on the form.

k. Insurance Certificates and Endorsements as required.

END OF DOCUMENT

NOTICE TO BIDDERS

NOTICE TO BIDDERS / INVITATION TO BID

Notice is hereby given that the governing board (“Board”) of the Hemet Unified School District (“District”) will receive sealed bids to construct the following project:

FAC2027-04 Sand Volleyball Courts Project Sites: Hemet High School

Required Contractor License: B

Bid Due: Contractors must submit sealed bids on or before 2:00 p.m., September 29, 2026, at the District Office Facilities Department, located at 1791 W. Acacia Ave., Hemet, California 92545. Opening to follow.

To obtain the complete bidder instructions, bidding schedule and project manual, a full set of documents may be requested by completing a bid document request at: www.hemetusd.org/facilities/openbids . Inquiries regarding this NIB can be sent to facilities@hemetusd.org https://www.hemetusd.org/apps/pages/index.jsp?uREC_ID=254707&type=d&pREC_ID=1100450 mailto:facilities@hemetusd.org

PROJECT SCHEDULE

PROJECT: FAC2027-04 Sand Volleyball Courts Project SITE: Hemet High School

PROJECT ESTIMATE: $210,000

Scope of work will be available 09/18/2026

DATE TIME LOCATION

Notice Inviting Bids 9/16/2026 Email to Registered Contractors

Project Manual Available 9/18/2026 www.hemetusd.org/facilities/openbids Job Walk #1 (Non- Mandatory)

9/22/2026 10:00:00 AM

Administration Building 41701 Stetson Ave. Hemet, CA 92544

Contractor

CUPPCCAA

Registration Due 9/23/2026 4:00:00 PM www.hemetusd.org/facilities/contractor

Bidder’s Clarification Due 9/23/2026 4:00:00 PM www.hemetusd.org/facilities/forms email to: facilities@hemetusd.org

Addendum Published 9/25/2026 2:00:00 PM www.hemetusd.org/facilities/openbids

Bid Opening 9/29/2026 2:00:00 PM

Hemet Unified School District Facilities Department 1791 W. Acacia Ave Hemet, CA 92545

Governing Board Approval 10/13/2026 5:30:00 PM PDSC Board Room

Work to Begin 10/21/2026 Regular work hours. After hours depending on area of work

Completion of Job 11/30/2026

It is the bidder’s responsibility to review and acknowledge addendum(s) published to www.hemetusd.org/facilities/openbids prior to submitting bid.

https://drive.google.com/drive/folders/1rmrisUKF1UeNSoAeluKop_UcLR_oGMxU?usp=drive_link http://www.hemetusd.org/facilities/openbids http://www.hemetusd.org/facilities/contractor http://www.hemetusd.org/facilities/forms

CUPCCAA Informal Bid FAC2027-04 - Bid Forms to be turned in

BID FORM

CONSTRUCTION SERVICES AWARDED PURSUANT TO THE “INFORMAL BIDDING”

PROCEDURES OF THE PUBLIC CONTRACT CODE § 22000, ET SEQ. (THE UNIFORM PUBLIC CONSTRUCTION

COST ACCOUNTING ACT (“CUPCCAA”) – INFORMAL BID

PROJECT: FAC2027-04 Sand Volleyball Courts Project

Contractor will perform the Work defined in the Contract Documents and fully understands the Scope of Work required in this bid and accepts in full payment for that Work the following total lump sum amount, all taxes included:

Base Bid

Allowance $25,000

TOTAL BID:

dollars

1. Work. Contractor has reviewed the Work outlined in the Contract Documents and fully understands the Scope of Work required in this bid, understands the construction and project management function(s) is described in the Contract Documents.

2. Schedule. Contractor agrees to commence work under this Contract on the date established in the Contract Documents and to complete all Work within the time specified in the Contract Documents.

3. Subcontractors. Contractor shall provide subcontractor list providing all required information noted on the Designated Subcontractor List, attached hereto. Use extra sheets/extra space as needed.

4. Bid Bond. Contractor shall provide with its bid a certified or cashier's check or bidder's bond for an amount not less than ten percent (10%) of the bid amount. The certified or cashier's check or bid bond shall be made payable to the order of the District. If a bid bond accompanies the bid/proposal, the bond shall be secured by an admitted surety company, licensed in the State of California, satisfactory to the District and in the form attached hereto. The certified or cashier's check or bond shall be given as a guarantee that Contractor will enter into the Contract if awarded the Work, and in the case of refusal or failure to enter into the Contract, the District shall have the right to award to another bidder. If Contractor fails or refuses to timely enter into the contract, the District reserves the right to declare the bid bond forfeited and to pursue all other remedies in law or equity relating to such breach including, but not limited to, seeking recovery of damages for breach of contract. Failure to provide bid security, or bid security in the proper amount, will result in rejection of the bid.

5. Noncollusion Declaration. Contractor shall provide with its bid the Noncollusion Declaration in the form attached hereto.

6. Prevailing Wages. Contractor shall provide with its bid the Prevailing Wage Certification in the form attached hereto. Pursuant to sections 1770 et seq. of the California Labor Code, Contractor and all Subcontractors under the Contractor shall pay all workers on all work performed pursuant to the Contract not less than the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work as determined by the Director of the State of California Department of Industrial Relations (DIR) for the type of work performed and the locality in which the work is to be performed within the boundaries of the District. Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by the DIR are available from the District or on the internet (http://www. dir.ca.gov). In addition, if awarded a contract, Contractor shall comply with Labor Code § 1777.5 pertaining to prevailing wage compensation to apprentices for preemployment activities.

7. License. Contractor certifies that it is, at the time of bidding, and shall be throughout the period of the Contract, licensed by the

State of California to do the type of Work required under the terms of the Contract Documents. Contractor further certifies that it is regularly engaged in the general class and type of work called for in the Contract Documents.

8. Contractor Registration. Contractor shall ensure that it and its Subcontractors comply with the registration and compliance monitoring provisions of Labor Code section 1771.4, including furnishing its CPRs to the Labor Commissioner, and are registered pursuant to Labor Code section 1725.5. Contractor and its subcontractors shall comply with Labor Code section 1725.5 to be qualified to bid, be listed in a bid or proposal, subject to the requirements of Section 4104 of the Public Contract Code or engage in the performance of the Contract.

9. Bid Protests. Any bid protest by any Contractor regarding any other bid on this Project must be submitted in writing to the District to Mike Sattley, at the District office located Hemet Unified School, Facilities Department at 1791 W. Acacia Avenue, Hemet, CA 92545 before 4:00 p.m. of the SECOND (2ND) business day following the date of bid opening, or the Contractor waives its right to protest. The protest must contain a complete statement of any and all bases for the protest and the Contractor must concurrently transmit a copy of the protest to all other bidders that appear to have a reasonable prospect of receiving an award depending upon the outcome of the protest.

10. Addenda. Receipt and acceptance of the following addenda is hereby acknowledged.

No.: ________ Date:

No.: ________ Date:

11. CONTRACT FORM. DISTRICT’S CONTRACT FORM IS PART OF THE CONTRACT DOCUMENTS. THE SCOPE OF THE PROJECT IS AS

DESCRIBED IN EXHIBIT A TO THE CONTRACT. THE SUCCESSFUL CONTRACTOR SHALL, WITHIN SEVEN (7) CALENDAR DAYS OF NOTICE THAT IT HAS BEEN AWARDED THE CONTRACT, BE REQUIRED TO PROVIDE TO THE DISTRICT ALL CERTIFICATIONS, BONDS, INSURANCE DOCUMENTS, CONSTRUCTION SCHEDULE, SUBCONTRACTOR LIST AND ALL OTHER REQUIRED DOCUMENTATION AS

INDICATED IN THE CONTRACT.

Contractor hereby certifies to the District that all representations, certifications, and statements made by Contractor, as set forth in this bid form, are true and correct and are made under penalty of perjury.

Dated this day of 20

Name of Contractor

Signed by

Title of Signer

Address of Contractor

Contractor’s Taxpayer's Identification No.

Telephone Number E-mail

Contractor's License No(s): No.: Class: Expiration Date:

No.: Class: Expiration Date:

Department of Industrial Relations (DIR) Registration No. of Contractor

BID BOND (SECURITY)

(Note: If Bidder is providing a bid bond as its bid security, Bidder must use this form, NOT a surety company form.)

KNOW ALL PERSONS BY THESE PRESENTS:

That the undersigned, as as Principal (“Principal”), and as Surety (“Surety”), a corporation organized and existing under and by virtue of the laws of the State of and authorized to do business as a surety in the State of California, are held and firmly bound unto the Hemet Unified School District (“District”), State of California as Obligee, in the sum of lawful money of the United States of America, for the payment of which sum well and truly to be made, we, and each of us, bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted a bid to the District for all Work specifically described in the accompanying bid;

NOW, THEREFORE, if the Principal is awarded the Contract and, within the time and manner required under the Contract Documents, after the prescribed forms are presented to Principal for signature, enters into a written contract, in the prescribed form in accordance with the bid, and files two bonds, one guaranteeing faithful performance and the other guaranteeing payment for labor and materials as required by law, and meets all other conditions to the contract between the Principal and the Obligee becoming effective, or if the Principal shall fully reimburse and save harmless the Obligee from any damage sustained by the Obligee through failure of the Principal to enter into the written contract and to file the required performance and labor and material bonds, and to meet all other conditions to the Contract between the Principal and the Obligee becoming effective, then this obligation shall be null and void; otherwise, it shall be and remain in full force and effect. The full payment of the sum stated above shall be due immediately if Principal fails to execute the Contract within seven (7) days of the date of the District's Notice of Award to Principal.

Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or the call for bids, or to the work to be performed thereunder, or the specifications accompanying the same, shall in any way affect its obligation under this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or the call for bids, or to the work, or to the specifications.

In the event suit is brought upon this bond by the Obligee and judgment is recovered, the Surety shall pay all costs incurred by the Obligee in such suit, including a reasonable attorneys' fee to be fixed by the Court.

If the District awards the bid, the security of unsuccessful bidder(s) shall be returned within sixty (60) days from the time the award is made. Unless otherwise required by law, no bidder may withdraw its bid for ninety (90) days after the date of the bid opening.

IN WITNESS WHEREOF, this instrument has been duty executed by the Principal and Surety above named, on the day of , 20__________.

Principal

By

Surety

By

Name of California Agent of Surety

Address of California Agent of Surety

Telephone Number of California Agent of Surety

Bidder must attach Power of Attorney and Certificate of Authority for Surety and a Notarial Acknowledgment for all Surety's signatures. The California Department of Insurance must authorize the Surety to be an admitted Surety Insurer.

DESIGNATED SUBCONTRACTORS LIST

TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID

FAC2027-04 Sand Volleyball Courts Project (“Project” or “Contract”)

Listed. Bidder must list hereinafter the name and location of each subcontractor who will be employed, and the scope of Work that each will perform if the Contract is awarded to the Bidder. Bidder acknowledges and agrees that under Public Contract Code section 4100, et seq., it must clearly identify the name and location of each subcontractor who will perform work or labor or render service to the Bidder in or about the construction of the Work in an amount in excess of one-half of one percent (1/2 of 1%) of Bidder’s total Bid.

Same Scope. In case more than one subcontractor is named for the same scope of Work, state the portion that each will perform.

No Vendors or Suppliers. Bidder need not list entities that are only vendors or suppliers of materials.

Not Listed. As to any Work that Bidder fails to list that is in excess of one-half of one percent (1/2 of 1%) of Bidder’s total Bid, Bidder agrees to perform that portion itself or be subjected to penalty under applicable law.

Alternate Work. If alternate bids are called for and Bidder intends to use Subcontractors different from or in addition to those Subcontractors listed for work under the base Bid, Bidder must list Subcontractors that will perform Work in an amount in excess of one half of one percent (1/2 of 1%) of Bidder’s total Bid, including alternates.

DVBEs. Bidder must indicate which, if any, of these subcontractors are disabled veteran business enterprises (DVBE) and the estimated percentage of the Work those subcontractor(s) will perform.

CSLB Number. Bidder must provide the Contactor State License Board number (“CSLB No.”) for all listed subcontractors.

DIR Number. Bidder must provide the Department of Industrial Relations registration number (“DIR No.”) for all listed subcontractors.

THE DISTRICT WILL PERMIT EACH BIDDER TO SUBMIT EACH LISTED SUBCONTRACTOR’S CSLB NO. AND THE DIR NO. NO

LATER THAN TWENTY-FOUR (24) HOURS AFTER BID OPENING.

Additional Sheets. If further space is required for the list of proposed subcontractors, additional sheets showing the required information, as indicated below, shall be attached hereto and made a part of this document.

I certify and declare under penalty of perjury under the laws of the State of California that all the information listed on the following page(s) is complete, true, and correct.

Date:

Proper Name of Contractor:

Signature:

Print Name:

Title:

Subcontractor(s) to be listed on the following page, print additional pages as needed

Note: None or N/A if no subs are to be used

Subcontractor Name:

Classification of Work (Scope):

Address CSLB No.:

City, State ZIP DIR No.:

Email: If DVBE, % of Work:

NONCOLLUSION DECLARATION

Public Contract Code Section 7106

TO BE EXECUTED BY CONTRACTOR AND SUBMITTED WITH BID FORM

The undersigned declares:

I am the [PRINT YOUR TITLE] of [PRINT FIRM NAME], the party making the foregoing Contract.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on the following date:

PREVAILING WAGE CERTIFICATION

I hereby certify that I will conform to the State of California Public Works Contract requirements regarding prevailing wages, benefits, on-site audits with 48-hours notice, payroll records, and apprentice and trainee employment requirements, for all Work on the above Project.

CUPCCAA Informal Bid FAC2027-04 – Scope of Work

EXHIBIT A

SCOPE OF WORK, PLANS, SPECIFICATIONS & WORK HOURS

Scope of Work

The complete scope of work to this bid is available as a download from the following link:

Work Hours

Regular work hours/After hours depending on area of work

CUPCCAA Informal Bid FAC2027-04 – Bidder’s Clarification

Bidder’s Clarification Request # _____

Attention: Mike Sattley facilities@hemetusd.org

*ONE QUESTION PER FORM*

Date: _________________ Job Name: Sand Volleyball Courts Project

Contractor requesting clarification:

Drawing Reference: Specification Reference:

Clarification Requested:

Print Name: Signature:

Downloadable Fill in Form can be found at www.hemetusd.org/facilities/forms

Response to Clarification:

Print Name: ____________________ Signature: __________________________

Date: ____________________ mailto:facilities@hemetusd.org

CUPCCAA Informal Bid FAC2027-04 – To be submitted after award of bid

CONTRACT FORM

CONSTRUCTION SERVICES AWARDED PURSUANT TO THE “INFORMAL BIDDING” PROCEDURES OF THE

PUBLIC CONTRACT CODE § 22000, ET SEQ. (THE UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT (“CUPCCAA”) OVER

$75,000 AND UP TO $220,000

THIS CONTRACT is made and entered into this day of , 20 _ __ (“Contract”), by and between (“Contractor”) and Hemet Unified School District (“District”). Contractor and District may be referred to herein individually as a “Party” or collectively as the “Parties.”

1. Contract Price & Services. After the District has issued a Notice to Proceed, the Contractor shall furnish to the District for a total price of Dollars ($ ) (“Contract Price”), the following repairs, maintenance or construction services (“Services” or “Work”):

Scope of Work Exhibit A

2. Allowance. The contract price includes allowance of $25,000.00. The use of all or a portion of these funds must be approved by

Hemet USD. Any unused funds will be credited back to Hemet USD at the completion of the project. Request for use of allowance funds must be submitted on “District Proposed CO & Allowance Use Forms” which can be downloaded at www.hemetusd.org/facilities/forms

3. Payment. Payment for the Work shall be made in accordance with the Terms and Conditions attached hereto.

4. Site. Contractor shall perform the Work at (“Premises” or “Site”). The Project is the Scope of Work performed at the Site.

5. Contract Time & Liquidated Damages. Work shall be completed by 11/30/2026 . Work shall be completed within (48) days consecutive calendar days from the date specified in the District’s Notice to Proceed. (“Contract Time”) Contractor agrees that if the Work is not completed within the Contract Time and/or pursuant to the completion schedule, construction schedule, or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged, and agreed that the District will suffer damage which is not capable of being calculated. Pursuant to Government Code section 53069.85, Contractor shall pay to the District, as fixed and liquidated damages for these incalculable damages, the sum of Five Hundred Dollars ($500.00) per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule, or Project milestones established pursuant to the Contract.

6. Bonds & Insurance.

a. Payment Bond & Performance Bond: Contractor shall not commence the Work until it has provided to the District, a Payment

(Labor and Material) Bond and a Performance Bond, in the forms attached hereto, each in an amount equivalent to one hundred percent (100%) of the Contract Price issued by a surety admitted to issue bonds in the State of California and otherwise acceptable to the District.

b. Insurance: Contractor shall have and maintain in force during the term of this Contract, with the minimum indicated limits, the following insurance:

Commercial General Liability Includes: Bodily Injury, Property Damage, Personal & Advertising Injury, Product Liability and Completed Operations

$1,000,000 each occurrence;

$3,000,000 general aggregate

Automobile Liability – Any Auto $1,000,000 Combined Single Limit

Excess Liability (Umbrella) acceptable in lieu of 3,000,000 aggregate Commercial General Liability

$2,000,000 per occurrence;

$2,000,000 aggregate

Workers Compensation

Statutory limits pursuant to State law http://www.hemetusd.org/facilities/forms

Employers’ Liability

$1,000, 000 each incident $1,000,000 policy limit

Property of Others Combined Single Limit;

General Aggregate

Issued for the value and scope of Work stored off-site.

Contractor shall provide to the District certificate(s) of insurance and endorsements satisfactory to the District. The policy(ies) shall not be amended or modified and the coverage amounts shall not be reduced without thirty (30) days written notice to the District prior to cancellation. Except for worker’s compensation insurance, the District, the Architect, and the Project Manager shall be named as an additional insured on all policies. Contractor’s policy(ies) shall be primary; any insurance carried by the District shall only be secondary and supplemental. Contractor shall not allow any subcontractor, employee, or agent to commence Work on this Contract or any subcontract until the insurance required of Contractor, subcontractor, or agent has been obtained.

7. Project Oversight. Inspection and acceptance of the Work shall be performed by . The architect for the Project is and the project manager on the Project is (“Project Manager”).

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

9. Contract Documents. The Contract Documents include only the following documents, as indicated:

_ X__ Bid Form

_ X__ Designated Subcontractor List

_ X__ Noncollusion Declaration

_ X__ Prevailing Wage Certification

_ X__ Notice to Bidder

_X__ Project Schedule

_X__ Scope of Work

_X__ Work Specifications and/or Plans

_ X__ Bidder’s Clarification

_ X__ Contract Form

_ X__ Terms and Conditions to Contract

_ X__ Workers’ Compensation Certification

_ X__ Criminal Background Investigation Certification

_ X__ Asbestos & Other Hazardous Materials Certification

_ X__ Tobacco-Free Certification

_ X__ Drug-Free Workplace Certification

_ X__ Lead-Product(s) Certification

_ X__ Insurance Certificates and Endorsements

_ X__ Performance Bond

_ X__ Payment Bond

_ X__ FAC

_ __ Other

10. Notice. Any notice required or permitted to be given under this Agreement shall be deemed to have been given, served, and received if given in writing and either personally delivered or sent by overnight delivery service addressed as follows:

1791 W. Acacia Avenue Hemet, CA 92545 Attn: Mike Sattley

Contractor: _________________________ Attn: ________________________________

Any notice personally given shall be effective upon receipt. Any notice sent by overnight delivery service shall be effective the business day next following delivery thereof to the overnight delivery service.

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

Dated: , 20___

By:

Print Name: Darrin Watters

Print Title: Deputy Superintendent

Dated: , 20___

Contractor

By:

Print Name:

Print Title:

DIR No: ___________________________________

Information regarding Contractor:

Type of Business Entity:

____ Individual ____ Sole Proprietorship ____ Partnership ____ Limited Partnership ____ Corporation ____ Limited Liability Company ____ Other: _________________

Employer Identification and/or Social Security Number NOTE: United States Code, title 26, sections 6041 and 6109 require non-corporate recipients of $600 or more to furnish their taxpayer identification number to the payer. The United States Code also provides that a penalty may be imposed for failure to furnish the taxpayer identification number. In order to comply with these rules, the District requires your federal tax identification number or Social Security number, whichever is applicable.

TERMS AND CONDITIONS TO CONTRACT

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

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

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

4. SUBCONTRACTORS: Contractor shall comply with the Subletting and Subcontracting Fair Practices Act (Public Contract Code, section 4100 et. seq.) Contractor shall identify by name and location of the place of business of each subcontractor who will perform work or labor or render service in or about the construction of the Project in an amount in excess of one-half of 1 percent of the Contractor’s contract price or ten thousand dollars ($10,000) whichever is greater. Subcontractors, if any, engaged by the Contractor for any Service or Work under this Contract shall be subject to the approval of the District. Contractor agrees to bind every subcontractor by the terms of the Contract as far as such terms are applicable to subcontractor’s work, including, without limitation, all indemnification, insurance, bond, and warranty requirements. If Contractor subcontracts any part of this Contract, Contractor shall be fully responsible to the District for acts and omissions of its subcontractor and of persons either directly or indirectly employed by itself. Nothing contained in the Contract Documents shall create any contractual relations between any subcontractor and the District.

5. TERMINATION: If Contractor fails to perform the Services and Contractor’s duties to the satisfaction of the District, or if Contractor fails to fulfill in a timely and professional manner Contractor’s obligations under this Contract, or if Contractor violates any of the Terms or Provisions of this Contract, the District shall have the right to terminate this Contract effective immediately upon the District giving written notice thereof to the Contractor. District shall also have the right in its sole discretion to terminate the Contract for its own convenience. Termination shall have no effect upon any of the rights and obligations of the parties arising out of any transaction occurring prior to the effective date of termination. Upon termination, Contractor shall provide the District with all documents produced maintained or collected by Contractor pursuant to this Contract, whether or not such documents are final or draft documents.

6. SAFETY AND SECURITY: Contractor is responsible for maintaining safety in the performance of this Contract.

Contractor shall be responsible for complying with the District’s rules and regulations pertaining to safety, security, and driving on school grounds, particularly when children are present.

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

8. PROPOSED CHANGE ORDERS (PCO): If work is performed by contractor, Contractor offers a PCO, with the following provision:

Labor Rates shall be no more than straight-time total hourly rate as determined by the Department of Industrial Relations (DIR) for the applicable labor category; Labor Burden & Worker’s Compensation Charge shall be no more than 20% of the labor charge. This shall be the total cumulative charge permitted for all labor performed by the Contractor; Material Charges required an attached itemized quantity and unit cost plus sales tax and invoice(s) from vendor(s); Equipment Charges required an attached itemized quantity and unit cost plus sales tax and invoice(s) from vendor(s); Contractor’s Overhead, Profit, Bond and Insurance shall not exceed 6% of the subtotal. This shall be the total mark up by the Contractor.

If work is performed by subcontractor, Contractor offers a SC_PCO, with the following provision: Labor Rates shall be no more than straight-time total hourly rate as determined by the Department of Industrial Relations (DIR) for the applicable labor category; Labor Burden & Worker’s Compensation Charge shall be no more than 20% of the labor charge. This shall be the total cumulative charge permitted for all labor performed by the Sub- Contractor or Sub-Contractor’s sub-contractor(s); Material Charges required an attached itemized quantity and unit cost plus sales tax and invoice(s) from vendor(s); Equipment Charges required an attached itemized quantity and unit cost plus sales http://www.hemetusd.org/facilities/forms tax and invoice(s) from vendor(s); Sub-Contractor’s Overhead, Profit, Bond and Insurance shall not exceed 8% of the subtotal.

This shall be the total mark up by the Sub-Contractor or Sub- Contractor’s sub-contractor(s); Contractor’s Overhead, Profit, Bond and Insurance shall not exceed 6% of the Sub-Contractor’s subtotal. This shall be the total mark up by the Contractor.

If contract offers a proposed deductive Change Order(s), Contractor shall include a minimum of five percent (5%) total overhead and profit to be deducted with the amount of the work of the Change Order(s). If Subcontractor work is involved, Subcontractors shall also include a minimum of five percent (5%) overhead and profit to be deducted with the amount of its deducted work, for a total minimum of ten percent (10%) total overhead and profit to be deducted. Any deviation from this provision shall not be allowed.

9. TRENCH SHORING: If this Contract is in excess of $25,000 and is for the excavation of any trench deeper than five (5) feet, Contractor must submit and obtain District’s approval and acceptance, in advance of excavation, of a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If the plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.

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

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

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

13. DRUG-FREE / TOBACCO FREE / SMOKE FREE POLICY: No drugs, alcohol, tobacco, and/or smoking are allowed at any time in any buildings and/or grounds on District property. No students, staff, visitors, consultants or contractors are to use drugs on these sites.

14. FINGERPRINTING: Contractor shall comply at all times with the provisions of Education Code section 45125.2 regarding the submission of employee fingerprints to the California Department of Justice and the completion of criminal background investigations of its employees, its subcontractor(s), and its subcontractors’ employees. Verification of compliance with this section shall be provided in writing to the District prior to each individual's commencement of employment or performing any portion of the Services and prior to permitting contact with any student.

15. CORRECTION OF ERRORS: Contractor shall perform, at its own cost and expense and without reimbursement from the District, any work necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care required herein.

16. FAILURE TO PERFORM. If the District at any time believes that the Contractor is behind schedule, is failing to construct the Project pursuant to the Contract Documents, or is otherwise failing to perform any provisions of this Contract, the District, after FORTY-EIGHT (48) hours written notice to the Contractor, may take any action necessary or beneficial to the District to complete the Project, takeover the Work of the Contract, terminate or suspend the Contract as indicated herein, or any combination or portion of those actions. The Contractor shall be liable to the District for any cost incurred by the District in those actions and the District has the right to deduct the cost thereof from any payment then or thereafter due the Contractor.

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

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

19. CLEAN UP: Debris shall be removed from the Premises. The Site shall be in order at all times when work is not actually being performed and shall be maintained in a reasonably clean condition.

20. ACCESS TO WORK: District representatives shall at all times have access to the Work wherever it is in preparation or in progress. Contractor shall provide safe and proper facilities for such access.

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

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

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

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

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

26. INDEMNIFICATION / HOLD HARMLESS CLAUSE: To the furthest extent permitted by California law, Contractor shall defend, indemnify, and hold free and harmless the District, its agents, representatives, officers, Contractors, employees, trustees, and volunteers (“the indemnified parties”) from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, including without limitation the payment of all consequential damages, arising out of, pertaining to or relating to, in whole or in part, the negligence, recklessness, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, Contractors, or agents directly or indirectly arising out of, connected with, or resulting from the performance of the Services or from any activity, work, or thing done, permitted, or suffered by the Contractor in conjunction with this Contract, unless the claims are caused wholly by the sole negligence or willful misconduct of the indemnified parties. The District shall have the right to accept or reject any legal representation that Contractor proposes to defend the indemnified parties.

27. PAYMENT: On a monthly basis, Contractor shall submit an application for payment based upon the estimated value for materials delivered or Services performed under the Contract as of the date of submission (“Application for Payment”). Within thirty (30) days after District’s approval of the Application for Payment, Contractor shall be paid a sum equal to ninety-five percent (95%) of the value of the Work performed (as verified by Architect and Inspector and certified by Contractor) up to the last day of the previous month, less the aggregate of previous payments and amount to be withheld. The District may deduct from any payment an amount necessary to protect the District from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the District in performing any of Contractor’s obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the total Contract Price or by the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of the Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by District during the prosecution of the Work; (9) erroneous or false estimates by the Contractor of the value of the Work performed;

(10) any sums representing expenses, losses, or damages, as determined by the District, incurred by the District for which Contractor is liable under the Contract; and (11) any other sums which the District is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including section 1727 of the California Labor Code. The failure by the District to deduct any of these sums from a progress payment shall not constitute a waiver of the District’s right to such sums. The District shall retain five percent (5%) from all amounts owing as retention. Retention shall be paid pursuant to Public Contract Code sections 7107 and 7200.

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

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

30. ANTI-DISCRIMINATION: It is the policy of the District that in connection with all work performed under contracts there be no discrimination against any employee engaged in the work because of race, color, ancestry, national origin, or religious creed, and therefore the Contractor agrees to comply with applicable Federal and California laws including, but not limited to the California Fair Employment Practice Act beginning with Government Code Section 12900 and Labor Code Section 1735. In addition, the

Contractor agrees to require like compliance by all its subcontractor(s).

31. DISABLED VETERAN BUSINESS ENTERPRISES: Section

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

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

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

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

34. COMPLIANCE WITH LAWS: Contractor shall give all notices and comply with all laws, ordinance, rules and regulations bearing on conduct of the Work as indicated or specified. If Contractor observes that any of the Work required by this Contract is at variance with any such laws, ordinance, rules or regulations, Contractor shall notify the District, in writing, and, at the sole option of the…