CLOVIS UNIFIED SCHOOL DISTRICT

BID PACKAGE FOR

BID 2999

CAMPUS SECURITY IMPROVEMENTS PHASE 3

Corine Folmer, Ed.D. Superintendent

Clovis Unified School District 1450 Herndon Avenue Clovis, California 93611 (559) 327-9479

CLOVIS UNIFIED SCHOOL DISTRICT BIDDING PACKAGE TABLE OF CONTENTS

DESCRIPTION

1. Notice To Contractors 2. Instructions To Bidders

3. To be included with bid submittal on bid day

a. Bid Proposal Form b. Bid Bond Form
c. Non-Collusion Affidavit d. List of Sub-Contractors e. Job References
f. Insurance Rating Submittal Form g. DVBE Good Faith Declaration
h. Student Safety Declaration
i. Iran Contracting Act Verification Form j. Federal Procurement Requirements k. Russia / Ukraine Sanctions
l. Gamewell Fire Alarm Requirements (if appropriate for Project) m. RS2 COMPONENTS

4. To be submitted after bid by Low contractor

a. Payment and Performance Bonds

5. Sample Agreement

6. Addenda

7. General Conditions

8. Specifications

9. Drawings

NOTICE TO CONTRACTORS

Notice is hereby given that CLOVIS UNIFIED SCHOOL DISTRICT, (hereinafter referred to as "Owner") will receive sealed bids prior to the date and time stated for the Bid Opening for construction of:

BID 2999– CAMPUS SECURITY IMPROVEMENTS PHASE 3 as per drawings and specifications which may be obtained electronically from:
MARK WILSON CONSTRUCTION Attention: Cole Bendoski
5799 E Clinton Ave. Fresno, CA 93727 Email: estimating@markwilsonconstruction.com
Phone: 559-348-0421

Upon receipt of the contract documents provide the following information: 1.      Organization/Contact Person for each Prime Contractor
2.	Mailing address and P.O. Box Number for each Prime Contractor 3.	Phone Number and Email Address for each Prime Contractor

The project will be bid as multiple prime contracts according to the list below:

Bid Form Bid

Package #
	Bid Package

Description
	Contractor License

Requirement (, = or)
	
CSI –01b
	DOOR HARDWARE
	C-28
	
CSI –02b
	ELECTRICAL & LOW VOLTAGE
	C-7 or C-10

Mandatory Pre-Bid Meeting- There will be one mandatory pre-bid meeting scheduled for Thursday August 8, 2024, at 9:00 AM, at Clovis West High School, 1070 E Teague Ave. Fresno, CA 93720. Meet at the flagpole. Contractors who do not attend will be disqualified from bidding.

Time of completion for this project shall be 133 calendar days (per construction manager’s work schedule) from the start of the project as established within the Owner’s Notice to Proceed.

Bids must be sealed and filed in the Clovis Unified School District Purchasing Department at 1450 Herndon Ave, Clovis, California 93611 before 11:00 am. on August 21, 2024 on the clock designated by the Owner or its representative as the bid clock, after which time bids will be opened. No bid will be accepted by Owner after this time. Facsimile (FAX) copies of the bid will not be accepted.

Bids will be opened in public at the following address: Clovis Unified School District, CONSTRUCTION SERVICES OFFICE, 1470 Herndon Avenue Clovis, California 93611. Bids will NOT be accepted at the bid opening location.

The DVBE Declaration of Good Faith Efforts to use Disabled Veteran Business Enterprises must be signed, filed, and included in sealed bid package before 11:00 am. on August 21, 2024 at which time the bids (including the DVBE Declaration of Good Faith Efforts to Use Disabled Veteran Business Enterprises) will be opened in public.

Bids must be accompanied by a bidder's bond, cashier's check, or certified check for at least ten per cent (10%) of the amount of the base bid and made payable to the Owner, issued by an Admitted Surety.

The successful bidder will be required to furnish a Payment (Labor and Material) Bond in the amount of one hundred per cent (100%) of the contract price, and a Faithful Performance Bond in the amount of one hundred per cent (100%) of the contract price, said bonds to be secured from an Admitted Surety.

The successful bidder will be allowed to substitute securities or establish an escrow in lieu of retainage, pursuant to Public Contract Code Section 22300, and as described in the General Conditions.

The Owner will not consider or accept any bids from contractors who are not licensed to do business in the State of California, in accordance with the California Public Contract Code, providing for the licensing of contractors. In accordance with Section 3300 of said Code, the Contractor shall have a license classification as described in the MULTIPLE PRIME CONTRACT SCHEDULE.

This bid is subject to Pre-Qualification. In accordance with Public Contract Code 20111.6, Notice is hereby given that the Clovis Unified School District has determined Bidders performing as both a Prime Contractor and General Contractor (A or B license), or an Electrical, Mechanical, and Plumbing Contractor utilized as a Prime Contractor or Subcontractor must be prequalified prior to bidding on this project. For purposes of this prequalification, Electrical, Mechanical, and Plumbing contractors are contractors holding either a C-4, C-7, C-10, C-16, C-20, C-34, C-36, C-38, C-42, C-43, and C-46 California State Contractors license. Prequalification Applications may be obtained from Clovis USD Purchasing Web Site: https://www.cusd.com/Pre-Qualification.aspx. Pre-Qualification status must be obtained by Clovis Unified School District prior to 11:00 AM August 9, 2024. Submission of questionnaire does not constitute qualified status.

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 will any contract be entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded a Contract, the Bidder, and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project.

This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. In bidding on this project, it shall be the Bidder’s sole responsibility to evaluate and include the cost of complying with all labor compliance requirements under this contract and applicable law in its bid.

The lowest bid shall be determined as follows: The lowest total of the prime bid on the base contract and the bids on all additive items and all deductive items. (Public Contract Code section 20103.8, subd. (b)). The District reserves the right to add or deduct any of the additive or deductive items from the project or contract after the lowest responsible and responsive bidder is determined.

The Director of the Department of Industrial Relations of the State of California, in the manner provided by law, has ascertained the general prevailing rate per diem wages and rate for legal holidays and overtime work as set forth in the Agreement. The Contractor must pay for any labor therein described or classified in an amount not less than rates specified. Copies of the required rates are on file at the Owner's business office and are available to any interested party on request.

The Owner reserves the right to waive any irregularity and to reject any or all bids.

Unless otherwise required by law, no bidder may withdraw its bid for a period of sixty (60) days after date set for the opening thereof.

Advertise:          July 24, 2024 July 31, 2024

By: MICHAEL JOHNSTON
ASSISTANT SUPERINTENDENT OF BUSINESS SERVICES

INSTRUCTIONS TO BIDDERS
BID 2999– CAMPUS SECURITY IMPROVEMENTS PHASE 3

SECURING DOCUMENTS:
Drawings and Specifications are electronically from:
MARK WILSON CONSTRUCTION Attention: Cole Bendoski
5799 E Clinton Ave. Fresno, CA 93727 Email: estimating@markwilsonconstruction.com
Phone: 559-348-0421 DEPOSIT: None Required for Electronic Copies

PREQUALIFICATION:
This Contract is subject to prequalification. If a bidder is not prequalified to bid on the Contract, Owner will not accept the bid. Any subcontractors the bidder lists for work requiring C-4, C-7, C-10, C-16, C-20, C-34, C-36, C-38, C-42, C-43, or C-46 licenses must have current pre-qualified status with the Owner. Bidders must submit the prequalification application to the Owner by the date specified in the application. Bidders may obtain the prequalification application from the Owner.

Mandatory Pre-Bid Meeting- There will be one mandatory pre-bid meeting scheduled for Thursday, August 8, 2024, at 9:00 AM, at Clovis West High School, 1070 E Teague Ave. Fresno, CA 93720. Meet at the flagpole. Contractors who do not attend will be disqualified from bidding.

Question Deadline: All questions must be submitted in writing to estimating@markwilsonconstruction.com on or before August 15th, 2024 at 1:00pm (PST).

PROPOSALS:
Proposals to receive consideration shall be made in accordance with the following instructions:

1.	Proposals shall be made on a form therefore, obtained from the Construction Manager or Architect or Owner. Bids not made on the proper form shall be disregarded. Numbers must be stated in words and figures, and the signatures of all individuals must be in longhand. The completed form should be without interlineation, alterations, or erasures.

2.	No proposal will be considered which makes exceptions, changes, or in any manner makes reservations to the terms of the drawings or specifications, except that explanations or alternate proposals may be made on a separate sheet attached to the bid form. They will not, however, be considered in determining low bid.

3.	Questions regarding documents, discrepancies, omissions, or doubt as to meanings shall be referred immediately to the Architect who will send written instructions clarifying such questions to each bidder.

4.	Each bid must give the full business address of the bidder, and the name of each person signing shall also be typed or printed below the signature. Bids by individuals must be signed by the individual. Bids by partnerships must furnish the full names of all partners and must be signed in the partnership name by one of the partners, or by an authorized representative, followed by the signature and designation of the person signing. Bid by corporations must be signed with the legal name of the corporation, followed by the name of the state of incorporation and by the signature and designation of the president, secretary, or other person authorized to bind the corporation in the matter. Satisfactory evidence of the authority of the officer signing on behalf of a corporation shall be attached.

5.	Pursuant to the provisions of Sections 4100 to 4114, inclusive, of the Public Contract Code of the State of California, which are hereby incorporated and made a part hereof, every bidder shall set forth in its bid:

A.	The name and location of the place of business, the California contractor license number, and for all projects over Twenty-Five Thousand Dollars ($25,000), the public works contractor registration number, of each subcontractor who will perform work or labor or render service to the bidder in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the bidder, specially fabricates and installs a portion of the Work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half (½) of one percent (1%) of the bidder's total bid. An inadvertent error in listing a California contractor’s license number shall not be grounds for filing a bid protest or for considering the bid nonresponsive if the bidder submits the corrected contractor’s license number to the Owner within 24 hours after the bid opening, or any continuation thereof, so long as the corrected contractor’s license number corresponds to the submitted name and location for that subcontractor.

B.	The portion of the work which will be done by each such subcontractor. If the bidder fails to specify a subcontractor for any portion of the work to be performed under the contract in excess of one-half (1/2) of one percent (1%) of the bidder's total bid, the bidder agrees to perform that portion itself. The successful bidder shall not, without the consent of the Owner:

1)	Substitute any person as subcontractor in place of the subcontractor designated in the original bid.

2)	Permit any subcontract to be assigned or transferred or allow it to be performed by anyone other than the original subcontractor listed in the bid.

3)	Sublet or subcontract any portion of the work in excess of one-half (1/2) of one percent (1%) of the total bid as to which the original bid did not designate a subcontractor.

6.	The Director of the Department of Industrial Relations of the State of California, in the manner provided by law, has ascertained the general prevailing rate of per diem wages and rate for legal holidays and overtime work as set forth in Article IX of the Agreement. The Contractor must pay for any labor therein described or classified in an amount not less than the rates specified. Copies of the required rates are on file at the Owner’s business office and are available to any interested party on request.

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 Subcontractors Form.

7.      All bids must be accompanied by a completed Noncollusion Declaration. The bidder must certify that the Bid is genuine and is not sham or collusive, or made in the interest of or on behalf of any

bidder not named in the bid, and that the bidder has not directly or indirectly induced or solicited any other bidder to put in a sham bid, or any other possible bidder to refrain from bidding, and that the bidder has not in any manner sought by collusion to secure for itself an advantage over any other bidder.

8.	Proposals must be accompanied by a certified check, cashier's check, or bidder's bond, for an amount not less than ten percent (10%) of the amount of the base bid, made payable to the order of the Owner. If a bidder's bond accompanies the proposal, said bond shall be secured by an Admitted Surety (an insurance organization authorized by the Insurance Commissioner to transact business of insurance in the State of California during this calendar year) and satisfactory to the Owner. Said check or bond shall be given as a guarantee that the bidder will enter into the contract if awarded the work, and in case of refusal or failure to enter into said contract, the check or bond, as the case may be, shall be payable to the Owner and retained as liquidated damages.

9.	Proposals shall be sealed and filed as indicated in the Notice to Contractors. Note regarding facsimiles: EXCEPT FOR BID SECURITY, all submitted before the bid opening documents may be in the form of facsimiles which have been sent elsewhere and sealed before filing with the Owner. (Any bidder who uses or attempts to use the Owner’s facsimile equipment will be disqualified immediately.) The originals of the faxed documents must be mailed to the Owner, postmarked the same as the bid opening, via certified mail, return receipt requested, or hand-delivered to the Owner by the close of business on the day of the bid opening.

Facsimiles of the bid security are not acceptable - the original of the check or bond must be submitted before the bid opening.

10. Bidders shall possess a valid California Contractors License as listed in the Notice to Bidders. A General Building Contractors License (B) shall be acceptable in accordance with the California Business and Professional Code Section 7057, paragraph (b): A general building contractor may take a prime contract or a subcontract for framing or carpentry project. However, a general building contractor shall not take a prime contract for any project involving trades other than framing or carpentry unless the prime contract requires at least two unrelated building trades or crafts other than framing or carpentry, or unless the general building contractor holds the appropriate specialty license or subcontracts with an appropriately licensed specialty contractor to perform the work. Owner reserves the right to reject any bid as nonresponsive if a listed subcontractor is not licensed at the time the bidder’s bid is submitted to Owner, whether or not the bidder listed the unlicensed subcontractor inadvertently. Owner reserves the right to reject any bid as nonresponsive is a listed subcontractor is not licensed to perform the work for which it is listed at the time the bidder’s bid is submitted to Owner, whether or not the bidder listed the subcontractor for that particular work inadvertently.

11. Contractor shall maintain its license in good standing through Completion of the Work and all applicable warranty periods. Owner reserves the right to reject any bid as nonresponsive if bidder or any subcontractor is not licensed in good standing from the time the bid is submitted to Owner up to award of the Contract, whether or not the bidder listed the subcontractor inadvertently, or if a listed subcontractor’s license is suspended or expires prior to award of the Contract. Owner also reserves the right the reject any bid as nonresponsive if a listed subcontractor’s license is not in good standing to perform the work for which it is listed from the time of submission of the bidder’s bid to award of the Contract.

WITHDRAWAL OF PROPOSALS:
Proposals may be withdrawn by the bidder prior to the time fixed for the submittal of bids. A successful bidder shall not be relieved of the bid unless by consent of the Owner or bidder's recourse to Public Contract Code § 5100 et seq.

OPENING OF BIDS:
Opening of bids shall be as soon after the hour set as will be possible; opening and declaration to be as set forth in the Notice to Contractors. Any and all bidders will be permitted to attend. The Owner is allowed the number of days set forth in the Notice to Contractors in which to determine low bidder.

EXAMINATION OF CONTRACT DOCUMENTS AND SITE:
Before submitting a proposal, bidders shall examine the drawings, read the specifications, the form of contract, and other contract documents. They shall visit the site of the proposed work; examine the building, or buildings, if any, and any work that may have been done thereon. They shall fully inform themselves of all conditions, in, at, and about the site, the building or buildings, if any, and any work that may have been done thereon.

FORM OF CONTRACT:
The form of contract which the successful bidder will be required to execute, if awarded the work, is attached hereto and is made a part hereof. Contract may be modified by mutual agreement between District and Contractor.

ADDENDA OR BULLETINS:
Any addenda or bulletins, issued during the time of bidding, shall form a part of the drawings and specifications loaned to the bidder for the preparation of its proposal, shall be covered in the proposal, and shall be made a part of the Contract Documents. All addenda or bulletins shall be signed by the Architect and approved by the Division of State Architect.

AWARD OF CONTRACT:
Rejection of any or all proposals, to contract work with whomever and in whatever manner, to abandon work entirely, and/or to waive any informality in receiving of bids is reserved as the right of the Owner. Before the contract or contracts are awarded, the Owner may at its sole discretion require from the proposed Contractor on each project further evidence of the reasonable qualifications of such contractor to faithfully, capably, and reasonably perform such proposed contract and may consider such evidence before making its decision on the award of such proposed contract.

The lowest bid shall be determined as follows: The lowest total of the prime bid on the base contract and the bids on all additive items and all deductive items. The District reserves the right to add or deduct any of the additive or deductive items from the project or contract after the lowest responsible and responsive bidder is determined.
The contract shall be awarded to the lowest and most responsible bidder as interpreted by the Owner and specified herein and shall be entered into by the successful bidder within ten (10) days after being notified by the Owner. Identity of lowest bidder will be determined by adding to or subtracting from the base bid the cost of such alternatives as Owner decides to include in the work and contract. The award, if made, will be made within sixty (60) days after the opening of proposals.

EXECUTION OF CONTRACT:
The Contract shall be signed by the successful bidder in as many originals as the Owner deems necessary and returned, together with the contract bonds and insurance certificates, within ten (10) days after the bidder has received notice that the contract has been awarded.

REGISTRATION: Pursuant to SB 854, for all projects over Twenty-Five Thousand Dollars ($25,000), the Owner shall not accept any bid or enter into any contract without proof of the bidder’s current registration to perform public work under Labor Code section 1725.5.

For all projects over Twenty-five Thousand Dollars ($25,000), the bidder shall not accept any subbid or enter into any subcontract without proof of the subcontractor’s current registration to perform public work under Labor Code section 1725.5.

CONTRACT BONDS:
Two bonds, in original form, as itemized below and in the forms presented in these contract documents, shall be furnished by the successful bidder at the time of entering into the contract and filed with the Owner. They shall be in the form of surety bonds issued by an Admitted Surety (an insurance organization authorized by the Insurance Commissioner to transact business of insurance in the State of California during this calendar year) and satisfactory to the Owner.

Performance Bond in the amount of one hundred percent (100%) of the contract sum to insure Owner during construction and for one year after completion against faulty or improper materials or workmanship and to assure Owner of full and prompt performance of the contract.

Payment Bond (Labor and Material) in the amount of one hundred percent (100%) of the contract sum in accordance with the laws of the State of California to secure payment of any and all claims for labor and materials used or consumed in performance of this contract.

DRAWINGS, SPECIFICATIONS AND ADDENDA OR BULLETINS:
Return by each bidder of all drawings, specifications and addenda or bulletins in an unmutilated condition and without any marks or annotations is demanded within the time limit indicated under DEPOSIT in this section.

SUBSTITUTION OF MATERIALS:
The Contractor must ensure that the proposed substitutions by the Contractor or its subcontractors are submitted to the Owner and Architect a minimum of TEN (10) calendar days prior to the bid opening for review and possible approval of any equipment or materials thought to be equal to or better than those specified in the drawings or specifications. An addendum may be issued prior to bid opening, including all equipment and materials deemed equivalent to those specified and approved by the Architect. Submittals shall include comparative spec-data of the specified equipment or material and the proposed substitution as set forth in the Contract Documents. Submittals without this information will be automatically rejected.

PAYMENTS:
Payments to the Contractor on account of the contract shall be made in accordance with the terms of the contract.

TAXES:
The Owner is exempt from payment of Federal Excise Tax on materials.	The Owner will furnish exemption certificates to the Contractor to be used to obtain materials ordinarily subject to Federal Excise Tax without payment of the tax. Bidders shall deduct Federal Excise Taxes from their bid prices before submitting bids, so that such taxes will not be included in the Contract Sum.

TIME OF COMPLETION AND LIQUIDATED DAMAGES:
Time of completion for this project shall be 133 calendar days (per construction manager’s work schedule) from the start of the project as established within the Owner’s Notice to Proceed. All procurement, coordination, milestones, durations, activities and sequences for the bid packages shall be performed as shown in the Construction Management Bid Schedule and Section 01320 of the specification and as modified by a monthly schedule update, if any.

Should said work not be completed within the time limit as may be extended as herein provided, damages will be sustained by the Owner. It is understood and agreed that it is and will be impracticable or extremely difficult to determine the actual amount of damages which the Owner will sustain in the event of and by reason of such delay, and it is therefore agreed that the Contractor will pay the Owner the sum of

one thousand dollars and 00/100 ($1000.00) per calendar for each and every day's delay beyond the time specified as and for liquidated damages; in case the Contractor fails to make such payment, the Owner may deduct the amount thereof from any money due or that may become due the Contractor under the contract. Should such money not be sufficient to cover the agreed liquidated damages, the Owner shall have the right to recover the balance from the Contractor or his sureties.

The Contractor shall be required to satisfy the conditions set forth in the contract and Education Code section 45125.2 regarding fingerprinting requirements and student safety prior to permitting any contact with students. Upon award of the contract and before beginning work, the Contractor shall be required to provide a verification of compliance with the student safety provisions of the contract and Education Code section 45125.2.

Upon award of the bid, require signature on the enclosed declaration to ensure compliance with the general Conditions and the Education Code.

The bid is subject to DVBE requirements.

END OF SECTION REV. 3.97 (8.98)

BID PROPOSAL FORM FOR BID 2999

Date	, 2024

Company Name ____________________________________________________

Bid Package Number and Title__________________________________________

CLOVIS UNIFIED SCHOOL DISTRICT PURCHASING
1450 HERNDON CLOVIS, CALIFORNIA 93611

The undersigned doing business under the firm name of _______________________________________ hereby propose and agree to enter into an agreement, to furnish any and all labor, materials, equipment and services for the completion of work described hereinafter and in the contract documents entitled construction of:

CAMPUS SECURITY IMPROVEMENTS PHASE 3

for the sum(s) quoted below.

Total Bid___________________________________________	Dollars	$________________

If written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned within sixty (60) days after the date of opening of the bids, or any time thereafter before this bid is withdrawn, the undersigned will, within ten (10) days after the date of such mailing, telegraphing, or delivering of such notice, execute and deliver a contract in the form of agreement present in these contract documents and give Performance and Payment Bonds in accordance with the specifications and bid as accepted.

The undersigned hereby designates as the office to which such notice of acceptance may be mailed, telegraphed, or delivered:

Our Public Liability and Property Damage Insurance is placed with:

Our Workers’ Compensation Insurance is placed with:

The following must be completed without exception:

1.	Name of Foreman / Superintendent for this Project 	

2.	Acknowledge receipt and review of full set of bid documents 	(Initial)

3.	Crewing for this Project - Minimum Crew 	Maximum Crew 	

4.	Summary of Work has been reviewed and is included 	(Initial)

5.	Bid Schedule has been reviewed and accepted 	(Initial)

6.	The following items are attached to this bid form

a. Bid Proposal Form b. Bid Bond
c. Non-Collusion Affidavit d. Subcontractor Listing e. Job References
f.	Insurance Rating Submittal form g. DVBE Good Faith Effort
h. Student Safety Declaration
i.	Iran Contracting Act Verification Form j.	Federal Bid Requirements
k. Russia / Ukraine Sanctions
l.	Gamewell Fire Alarm Requirements (if appropriate for project)
m. RS2 Component Requirements

________ (Initial)
	(Initial)
	(Initial)
	(Initial)
	(Initial)
	(Initial)
	(Initial)
                  (Initial) ________ (Initial)
                  (Initial) ________ (Initial)

________ (Initial) ________ (Initial

7.	Proper Prevailing wages included in this bid	                  (Initial) *Requirements for Certified Payroll Reporting is acknowledged.

Circular letters, bulletins, addenda, etc., bound with specifications or issued during the time of bidding are included in the proposal, and, in completing the contract, they are to become part thereof.

The receipt of the following addenda to the specifications is acknowledged:

Addendum No. 	Dated:

Addendum No.	Dated:

Addendum No. 	Dated:

Addendum No. 	Dated:

Note: Any exclusion to the scope of work or items noted in this bid form will be considered as cause to deem this bid non-responsive.

This bid may be withdrawn at any time prior to the scheduled time for the opening of bids or any authorized postponement thereof.

NOTE:	Each bid must give the full business address of the bidder and be signed by him with his usual signature. Bids by partnerships must furnish the full name of all partners and must be signed by one of the members of the partnership, or by an authorized representative,

followed by the signature and designation of the person signing. Bid by corporations must be signed with the legal name of the corporation, followed by the name of the state of incorporation and by the signature and designation of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. Satisfactory evidence of the authority of the officer signing on behalf of a corporation shall be furnished.

Dated 	, 2024

Signed 	

Print or Type Name 	

Business Address

Phone #

Fax #

License #

Email Address 	

DIR NUMBER_____________________________

Additional Signature Lines if Applicable:

Signed 	

Print or Type Name 	

Business Address

Signed 	

Print or Type Name 	

Business Address

Signed 	

Print or Type Name 	

Business Address

State of Incorporation if Applicable  

( )	Evidence of authority to bind corporation is attached.

Print or Type Name 	

Business Address

Phone Number: 	

FAX Number: 	

Contractor's License Number 	

Email Address 	

Do not substitute Bid Bond Form

The Bid Bond Form in this packet must be used.

Failure to use the Bid Bond form in this bid packet may result in rejection of bid.

BID BOND

KNOW ALL MEN BY THESE PRESENTS that we the undersigned

	as Principal and

	as Surety, are hereby
held and firmly bound unto the Clovis Unified School District “Owner” in the sum of	
	Dollars ($	) for payment of which sum, well and truly to be made, we hereby jointly and severally find ourselves, our heirs, executors, administrators, successors, and assigns.

The condition of the above obligation is such that whereas the Principal has submitted to the Owner a certain bid, attached hereto and hereby made a part hereof, to enter into a Contract in writing for the construction of BID 2999– CAMPUS SECURITY IMPROVEMENTS PHASE 3
in strict accordance with Contract Documents.

NOW, THEREFORE,

a.	If said bid shall be rejected, or, in the alternate;

b.	If said bid shall be accepted and the Principal shall execute and deliver a contract in the form of agreement attached hereto and shall execute and deliver Performance and Payment Bonds in the forms attached hereto (all properly completed in accordance with said bid), and shall in all other respects perform the agreement created by the acceptance of said bid;

Then this obligation shall be void, otherwise the same shall remain in force and effect, it being expressly understood and agreed that the liability of the Surety for any and all default of the Principal hereunder shall be the amount of this obligation as herein stated.

Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract on the call for bids, or to the work to be performed thereunder, or the specifications accompanying the same, shall in anyway 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 said 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 Owner and judgment is recovered the Surety shall pay all costs incurred by the Owner in such suit, including a reasonable attorney's fee to be fixed by the court.

IN WITNESS WHEREOF, the above-bounden parties have executed this instrument under several seals this ____ day of 	,20	, the name and corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.

(Notary Seal)

__________________________________ (Principal)

_________________________________ (Business Address)

_________________________________

_________________________________ (Corporate Surety)

_________________________________ (Business Address)

By:_______________________________

__________________________________

The rate or premium of this bond is _______________________ per thousand, the total amount of premium charged, $_______________.

(The above must be filled in by Corporate Surety).

In presence of: END OF SECTION lf:10/97 (8.98)

BID 2999

NONCOLLUSION DECLARATION

Owner: Clovis Unified School District
Contract for: BID 2999– CAMPUS SECURITY IMPROVEMENTS PHASE 3

I am the ____________ of ________________________, the party making the foregoing bid.

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 __________,[month / day], 20__, at ____________ [city],California.

Signature

Print Name

NOTE: A declaration does not have to be notarized.

DESIGNATION OF SUBCONTRACTORS Page 1 of 2
Bid 2999- CAMPUS SECURITY IMPROVEMENTS PHASE 3

Each bidder shall set forth below the name and the location of the place of business of each subcontractor and the California contractor license number, and public works contractor registration number (for all projects over Twenty-five Thousand Dollars ($25,000)), of each subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the Work or improvement, or to a subcontractor licensed by the State of California who, under subcontract to the Contractor, specially fabricates and installs a portion of the Work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent (0.5%) of the bidder's total bid, and the portion of the Work which will be done by each subcontractor. An inadvertent error in listing a California contractor’s license number shall not be grounds for filing a bid protest or for considering the bid nonresponsive if the bidder submits the corrected contractor’s license number to the Owner within 24 hours after the bid opening, or any continuation thereof, so long as the corrected contractor’s license number corresponds to the submitted name and location for that subcontractor. If the Contractor fails to specify a subcontractor for any portion of the Work to be performed under the Contract in excess of one-half of 1 percent (0.5%) of the Contractor’s total bid, the Contractor shall be deemed to have agreed to perform such portion itself, and shall not be permitted to subcontract that portion of the Work except under the conditions hereinafter set forth.

Subletting or subcontracting of any portion of the Work as to which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the legislative body of the Owner.

For all projects over Twenty-five Thousand Dollars ($25,000): for any bid proposal submitted and for any contract for public work entered into, an inadvertent error in listing a subcontractor who is not registered under Labor Code section 1725.5 shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive, provided that either: the subcontractor is registered prior to the bid opening; or the subcontractor is registered and has paid the penalty registration fee specified in Labor Code section 1725.5(a)(2)(E), if applicable, within 24 hours after the bid opening; or the subcontractor is replaced by another registered subcontractor under Public Contract Code section 4107. Failure of a listed subcontractor to be registered shall be grounds under Public Contract Code section 4107 for the Contractor, with the Owner’s consent, to substitute a registered subcontractor for the unregistered subcontractor.

Failure to provide this information in a legible manner may result in the rejection of an otherwise acceptable bid.

Note:	Reproduce page two for additional listings needed beyond the length of this form.

DESIGNATION OF SUBCONTRACTORS Page 2 of 2

Portion of Work
	Name of Subcontractor & Phone No.
	Location of Subcontractor
	California Contractor License Number
	Public Works DIR Contractor Registration Number
(if applicable)

					

					

					

					

					

					

I am the authorized representative of the Bidder submitting this Designation of Subcontractors and I declare that each subcontractor listed holds a valid and current contractor license in good standing in California to perform the portion of work for which the subcontractor is listed.

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 _________, 20___, at __________[city], California..

Signature: 	

Print Name: 	Title:

END OF SECTION 3.97 (3.24)

CLOVIS UNIFIED SCHOOL DISTRICT

Bid 2999
CAMPUS SECURITY IMPROVEMENTS PHASE 3

NAME OF BIDDER 	

JOB REFERENCES

Bidders must submit a list of at least three (3) projects of similar dollar volume completed within the last 24 months for reference purposes.

DATE
	
JOB SITE
	
CONTACT PERSON
	
TELEPHONE NUMBER

				

				

3.97 (8.98)

INSURANCE RATING SUBMITALL FORM 

Bid 2999- CAMPUS SECURITY IMPROVEMENTS PHASE 3

1. Insurance Requirements – Proof of Carriage of Insurance – coverage with rating of A- or better is required on this project.

2. Proof of A- or better coverage to be submitted with bid proposal at due date and time established in the bid packet.

Attach report of Insurance Rating to this form (Sample Report Below). Rating Report information to be obtained from A.M. Best Company – http://www.ambest.com CERTIFICATE OF INSURANCE IS NOT AN AM BEST REPORT

Name of Bidder:_________________________________________________

*****This form and report are required to be submitted with bid
		
	proposal at due date and time established in bid *****

DECLARATION OF GOOD FAITH EFFORTS TO USE DISABLED VETERAN BUSINESS ENTERPRISES (DVBE)

I,	_______________________,	declare	that (Name of Representative)

I	 am	___________________________ (Title of Representative)

of ____________________________. (Business Name of Bidder)

The party making the foregoing bid declares that the bidder has made good faith efforts to meet the

participation goal of not less than three percent (3%) of the bid amount to include disabled veteran

business enterprises (“DVBE”) in the work to be performed. (Education Code section 17076.11) Good

faith efforts may be met in one of two ways, either: (1) by complying with the safe harbor provisions of

Public Contract Code section 10115.2, subdivision (b), or (2) by complying with Public Contract Code

section 10115.2, subdivision (a) by making good faith efforts other than by following the safe harbor

language in Public Contract Code section 10115.2, subdivision (b). Under Public Contract Code section

10115.2 subdivision (a), the District will exercise its discretion as to whether the good faith effort has been

made. The bidders will document the good faith efforts and make those documents available upon

request by the District.

I declare under penalty of perjury under the law of the State of California that the DVBE requirement for

this bid was met through one of the two foregoing methods and that the foregoing is true and correct.

Executed this __________day of ______________, 20____at______________, California.

_____________________________ (Signature of Representative)

NOTE: A declaration does not have to be notarized.

END OF SECTION TB:lf w/LS 3.02

STUDENT SAFETY DECLARATION FINGERPRINTING NOTICE AND ACKNOWLEDGEMENT
Construction, Rehabilitation or Repair Contractors (Education Code section 45125.2)

Note: This document must be executed and submitted with the bid.

Business entities entering into contracts with the Owner for the construction, reconstruction, rehabilitation or repair of a facility must comply with Education Code sections 45125.1 and 45125.2. Such entities are responsible for ensuring full compliance with the law and should therefore review all applicable statutes and regulations. The following information is provided simply to assist such entities with compliance with the law.

1.	If the Owner determines your employee(s) or you as a sole proprietorship will have more than limited contact with students, then you must take one or more of the following steps:

a.	Install a physical barrier at the worksite to limit contact with pupils.

b.	Have an employee (if not a sole proprietorship), who the Department of Justice has ascertained has not been convicted of a violent or serious felony, continually monitor and supervise employees. The entity shall verify in the Independent Contractor Student Contact Form to the Owner that the employee charged with monitoring and supervising its employees has no such convictions.	(See attached.)

c.	Arrange, with Owner’s approval, for surveillance by Owner’s personnel.

If one or more of these steps is taken, you are not required to comply with Education Code section 45125.1.

2.	If you are providing the services in an emergency or exceptional situation, you are not required to comply with Education Code section 45125.2. An “emergency or exceptional” situation is one in which pupil health or safety is endangered or when repairs are needed to make a facility safe and habitable. Owner shall determine whether an emergency or exceptional situation exists.

I have read the foregoing and agree to comply with the requirements of Education Code §§ 45125.1 and 45125.2 as applicable.

Dated: _______________________

Name: ________________________

______________________________ Signature

Title: _________________________

ATTACHMENT

Under Education Code section 45125.1, no employee of a contractor or subcontractor, and no sole proprietor, who has been convicted of or has criminal proceedings pending for a violent or serious felony may come into contact with any student. A violent felony is any felony listed in subdivision (c) of Section 667.5 of the Penal Code. Those felonies are presently defined as:

(1)	Murder or voluntary manslaughter.

(2)	Mayhem.

(3)	Rape as defined in paragraph (2) or (6) of subdivision (a) of Section 261 or paragraph (1) or (4) of subdivision (a) of Section 262.

(4)	Sodomy as defined in subdivision (c) or (d) of Section 286.

(5)	Oral copulation as defined in subdivision (c) or (d) of Section 288a.

(6)	Lewd or lascivious act as defined in subdivision (a) or (b) of Section 288.

(7)	Any felony punishable by death or imprisonment in the state prison for life.

(8)	Any felony in which the defendant inflicts great bodily injury on any person other than an accomplice which has been charged and proved as provided for in Section 12022.7, 12022.8, or 12022.9 on or after July 1, 1977, or as specified prior to July 1, 1977, in Sections 213, 264, and 461, or any felony in which the defendant uses a firearm which use has been charged and proved as provided in subdivision (a) of Section 12022.3, or Section 12022.5 or 12022.55.

(9)	Any robbery.

(10)	Arson, in violation of subdivision (a) or (b) of Section 451.

(11)	Sexual penetration as defined in subdivision (a) or (j) of Section 289.

(12)	Attempted murder.

(13)	A violation of Section 18745, 18750, or 18755.

(14)	Kidnapping.

(15)	Assault with the intent to commit a specified felony, in violation of Section 220.

(16)	Continuous sexual abuse of a child, in violation of Section 288.5.

(17)	Carjacking, as defined in subdivision (a) of Section 215.

(18)	Rape, spousal rape, or sexual penetration, in concert, in violation of Section 264.1.

(19)	Extortion, as defined in Section 518, which would constitute a felony violation of Section 186.22 of the Penal Code.

(20)	Threats to victims or witnesses, as defined in Section 136.1, which would constitute a felony violation of Section 186.22 of the Penal Code.

(21)	Any burglary of the first degree, as defined in subdivision (a) of Section 460, wherein it is charged and proved that another person, other than an accomplice, was present in the residence during the commission of the burglary.

(22)	Any violation of Section 12022.53.

(23)	A violation of subdivision (b) or (c) of Section 11418.

A serious felony is any felony listed in subdivision (c) Section 1192.7 of the Penal Code. Those felonies are presently defined as:

(1)	Murder or voluntary manslaughter; (2) Mayhem; (3) Rape; (4) Sodomy by force, violence, duress, menace, threat of great bodily injury, or fear of immediate and unlawful bodily injury on the victim or another person; (5) Oral copulation by force, violence, duress, menace, threat of great bodily injury, or fear of immediate and unlawful bodily injury on the victim or another person; (6) Lewd or lascivious act on a child under the age of 14 years; (7) Any felony punishable by death or imprisonment in the state prison for life; (8) Any felony in which the defendant personally inflicts great bodily injury on any person, other than an accomplice, or any felony in which the defendant personally uses a firearm; (9) Attempted murder; (10) Assault with intent to commit rape, or robbery; (11) Assault with a deadly weapon or instrument on a peace officer; (12) Assault by a life prisoner on a non-inmate; (13) Assault with a deadly weapon by an inmate; (14) Arson; (15) Exploding a destructive device or any explosive with intent to injure; (16) Exploding a destructive device or any explosive causing bodily injury, great bodily injury, or mayhem; (17) Exploding a destructive device or any explosive with intent to murder; (18) Any burglary of the first degree; (19) Robbery or bank robbery; (20) Kidnapping; (21) Holding of a hostage by a person confined in a state prison; (22) Attempt to commit a felony punishable by death or imprisonment in the state prison for life; (23) Any felony in which the defendant personally used a dangerous or deadly weapon; (24) Selling, furnishing, administering, giving, or offering to sell, furnish, administer, or give to a minor any heroin, cocaine, phencyclidine (PCP), or any methamphetamine-related drug, as described in paragraph (2) of subdivision (d) of Section 11055 of the Health and Safety Code, or any of the precursors of methamphetamines, as described in subparagraph (A) of paragraph (1) of subdivision (f) of Section 11055 or subdivision (a) of Section 11100 of the Health and Safety Code; (25) Any violation of subdivision (a) of Section 289 where the act is accomplished against the victim’s will by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person; (26) Grand theft involving a firearm; (27) carjacking; (28) any felony offense, which would also constitute a felony violation of Section 186.22; (29) assault with the intent to commit mayhem, rape, sodomy, or oral copulation, in violation of Section 220; (30) throwing acid or flammable substances, in violation of Section 244; (31) assault with a deadly weapon, firearm, machine gun, assault weapon, or semiautomatic firearm or assault on a peace officer or firefighter, in violation of Section 245; (32) assault with a deadly weapon against a public transit employee, custodial officer, or school employee, in violation of Sections 245.2, 245.3, or 245.5; (33) discharge of a firearm at an inhabited dwelling, vehicle, or aircraft, in violation of Section 246; (34) commission of rape or sexual penetration in concert with another person, in violation of Section 264.1; (35) continuous sexual abuse of a child, in violation of Section 288.5; (36) shooting from a vehicle, in violation of subdivision (c) or (d) of Section 26100; (37) intimidation of victims or witnesses, in violation of Section 136.1; (38) criminal threats, in violation of Section 422; (39) any attempt to commit a crime listed in this subdivision other than an assault; (40) any violation of Section 12022.53; (41) a violation of subdivision (b) or (c) of Section 11418; and (42) any conspiracy to commit an offense described in this subdivision.

End of Section

IRAN CONTRACTING ACT CERTIFICATION (Public Contract Code sections 2202-2208)
(To be Executed by Bidder and Submitted With Bid)

As required by Public Contract Code (“PCC”) section 2204 for contracts of $1,000,000 or more, please insert bidder’s or financial institution’s name and Federal ID Number (if available) and complete one of the options below. Please note that California law establishes penalties for providing false certifications, including civil penalties equal to the greater of $250,000 or twice the amount of the contract for which the false certification was made; contract termination; and three-year ineligibility to bid on contracts. (PCC §2205.)

OPTION #1 - CERTIFICATION
I, the official named below, certify I am duly authorized to execute this certification on behalf of the bidder/financial institution identified below, and the bidder/financial institution identified below is not on the current list of persons engaged in investment activities in Iran created by California Department of General Services (“DGS”) and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person/bidder, for 45 days or more, if that other person/bidder will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS. (PCC §2204(a).)

Bidder Name/Financial Institution (Printed)
	Federal ID Number (or n/a)
	
By (Authorized Signature)
	
Printed Name and Title of Person Signing
	
Date Executed
	Executed in

OPTION #2 – EXEMPTION
Pursuant to Public Contract Code sections 2203(c) and (d), a public entity may permit a bidder/financial institution engaged in investment activities in Iran, on a case-by-case basis, to be eligible for, or to bid on, submit a proposal for, or enters into or renews, a contract for goods and services. If you have obtained an exemption from the certification requirement under the Iran Contracting Act, please fill out the information below, and attach documentation demonstrating the exemption approval.

Bidder Name/Financial Institution (Printed)
	Federal ID Number (or n/a)
	
By (Authorized Signature)
	
Printed Name and Title of Person Signing
	Date Executed

SPECIAL INSTRUCTIONS AND INFORMATION
BID PROJECT EXPENDITURES MAY INCLUDE FEDERAL FUNDING

1. Project may be funded in part or in total with Federal Funds.

2. City of Clovis, City of Fresno and County of Fresno are jurisdiction areas of Clovis USD

3. If State of California prevailing wage rates are higher than Federal Davis-Bacon rates, project to be bid utilizing State of California prevailing wage rates as mandated by California bid laws and regulations.

4. Information related to Federal Procurement Guidelines - :
a. Federal Regulation Codes https://www.ecfr.gov/cgi-bin/text-idx?node=2:1.1.2.2.1

b. 34 Code of Federal Regulations CFR 75.609 related to safety and health https://www.ecfr.gov/cgi-bin/text-idx?SID=cd37bda54b7e6822ae66876ae2b5034c&pitd=20190619&node=se34.1.75_ 1609&rgn=div8

c. 34 Code of Federal Regulations CFR 75.616 related to energy conservation https://www.ecfr.gov/cgi-bin/text-idx?SID=6b0336c285fb183779141ccaf8b81df8&pitd=20200602&node=se34.1.75_1 616&rgn=div8
d. Davis Bacon Wage Rate https://www.dol.gov/agencies/whd/government-contracts/construction

5. Awarded contractor CANNOT be on the US General Services Administration Lists of Parties Excluded from Federal Procurement or Non-Procurement Programs https://sam.gov/content/exclusions

6.	 ** BIDDER MUST INCLUDE PROOF OF SEARCH RESULTS INDICATING THEY ARE NOT ON THE FEDERAL EXCLUSION LISTING - - SEE SAMPLE SCREEN SHOTS BELOW THAT IS TO BE SUBMITTED WITH BID

Type in your company name and hit search. Then go to Excluded Entity link on left of page and type in company name a second time and hit enter on keyboard.

7. PRINT OUT THIS SCREEN SHOT INDICATING NO MATCHES FOUND WITH
		
	SEALED BID PROPOSAL AT DUE DATE AND TIME OF BID SUBMITTAL. THIS
	
	INDICATES YOUR COMPANY IS NOT EXCLUDED FROM FEDERAL
		
	CONTRACTS

8. THANK YOU FOR YOUR TIME IN COMPLETING THIS PROCESS AND INCLUDING DOCUMENTATION WITH BID PACKET. THIS ENSURES THE DISTRICT IS MEETING FEDERAL GRANT REQUIREMENTS. THESE GRANTS BRING FEDERAL TAX DOLLARS TO OUR COMMUNITY FOR PROJECTS THAT BENEFIT OUR STUDENTS.

RETURN WITH BID SUBMITTAL PACKET

ALONG WITH COPY OF SCREEN SHOT INDICATING COMPANY IS NOT ON FEDERAL CONTRACT EXCLUSION LISTING

DECLARATION OF GOOD FAITH EFFORT TO MEET PROVISIONS OF FEDERAL FUNDING REQUIREMENTS – INCLUDING, BUT NOT LIMITED TO SAFETY & HEALTH STANDARDS, ENERGY CONSERVATION, DAVIS-BACON PREVAILING WAGE RULES AND RELATED ACT PROVISIONS

I,	_______________________,	declare	that (Name of Representative)
Representative)

I           am           ___________________________ (Title                    of

of ____________________________. (Business Name of Bidder)

The party making the foregoing bid declares that the bidder has made good faith efforts to meet the provisions of Federal

funding requirements, including, but not limited to Davis-Bacon and related Act provision, the District will exercise its

discretion as to whether the good faith effort has been made. The bidders will document the good faith efforts and make

those documents available upon request by the District.

I declare under penalty of perjury under the law of the State of California that the Federal funding requirement for this

bid was met is true and correct.

Executed this __________day of ______________, 20____at______________, California.

_____________________________ (Signature of Representative)

NOTE: This declaration does not have to be notarized.

END OF SECTION

Contractor and Grantee Compliance with Economic Sanctions Imposed in Response to Russia’s Actions in Ukraine

On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (EO) regarding sanctions in response to Russian aggression in Ukraine. The EO is located at https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive-Order.pdf.

The EO directs all agencies and departments that are subject to the Governor’s authority to take certain immediate steps, including notifying all contractors and grantees of their obligations to comply with existing economic sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as well as any sanctions imposed under state law.

This correspondence serves as a notice under the EO that as a contractor or grantee, compliance with the economic sanctions imposed in response to Russia’s actions in Ukraine is required, including with respect to, but not limited to, the federal executive orders identified in the EO and the sanctions identified on the U.S. Department of the Treasury website (https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programsand-country-information/ukraine-russia-related-sanctions). Failure to comply may result in
the termination of contracts or grants, as applicable.

Please note that for any agreements or grants valued at $5 million or more, a separate notification will be sent outlining additional requirements specified under the EO.

Please contact Susan Rutledge at SusanRutledge@cusd.com if you should have any questions.

Doc# 59221, 04/2022

CONTRACTOR SIGNATURE: _______________________________________________________________________________

GAMEWELL SPECIAL INSTRUCTIONS
(IF APPROPRIATE FOR PROJECT)

The Fire Detection and Alarm specifications identified Gamewell-FCI, Honeywell Fire Systems as the manufacturer and specified that no other manufacturer, other than Gamewell-FCI, FCI and Gamewell will be considered for this project.

The identification of the Gamewell-FCI manufacturer is necessary in order to match the fire detection and alarm system to be installed as part of this project with new systems recently specified for Dry Creek Elementary Classroom Building and installed at other sites within the District. For example, during the summer of 2020 the District installed a new fire detection system at Young Elementary School, as well as Focal Point remote monitory systems. All new construction and modernization projects are equipped with Gamewell. As far back as summer of 2009, the District installed new fire detection systems at Mickey Cox and Copper Hills Elementary Schools. Gamewell-FCI fire detection and alarm systems were installed at these sites, as well as Focal Point remote monitoring systems. The Focal Point remote monitoring system already in please for those other sites is planned for use with the system at Maple Creek Elementary School. The system allows for monitoring of the school campuses from remote locations throughout the District. The following District locations have Gamewell-FCI systems:

Young Elementary Oraze Elementary Cole Elementary Cox Elementary Freedom Elementary Garfield Elementary
Maple Creek Elementary Miramonte Elementary Valley Oak Elementary Clovis High School Clovis Adult
MTU DO East
Maintenance, Tech Warehouse

Boris Elementary Clovis Community Day
Copper Hills Elementary Fancher Creek Elementary Fugman Elementary Lincoln Elementary Miramonte Elementary Reagan Elementary Woods Elementary Gateway
Clovis Online School DO West

In addition, the District generally designates its custodial personnel between elementary and secondary sites. Using the same Gamewell-FCI system among the elementary sites will facilitate efficiency for the personnel in maintaining the facility.

These findings are made pursuant to Public Contract Code section 3400 and other applicable provisions.

Bidder confirms that the fire alarm will be provided and installed by an authorized Gamewell distributor. Bidder must state the name of the authorized Gamewell distributor utilized for the fire alarm system and installation, even if the total work of the authorized Gamewell distributor is less than one-half of one percent (0.5%).

Proof of certification of the authorized Gamewell distributor is to be attached to this page at the time of bid submittal.

Name of Authorized Gamewell Distributor ________________________	License #_________

Gamewell Distributor to be listed on subcontractor page if work percentage meet subcontractor listing requirements.

Name of Bidder: ______________________________________________________________

This form to be submitted with bid proposal at due date and time established in bid paperwork.

GAMEWELL SPECIAL INSTRUCTIONS
Continued
(IF APPROPRIATE FOR PROJECT)

Notwithstanding any other provisions of the bid documents, any request for substitutions of equivalent equipment from Gamewell-FCI, must be submitted to the district no later than seven (7) calendar days prior to the bid opening. Any addendum identifying all Gamewell-FCI equipment deemed equivalent to those specified and approved by the district will be issued no fewer than three (3) calendar days prior to Bid Opening. Submittals must include comparative specification data of the specified Gamewell-FCI equipment and the proposed Gamewell-FCI equivalent equipment substitution.

INSTRUCTION TO BIDDERS – SUBSTITUTION OF MATERIAL SECTION as listed DOES NOT apply to this project.

ARTICLE 30. SUBSTITUTIONS – as listed in General Conditions, DOES NOT apply to the Fire Alarm Portion of this project.

RS2 COMPONETS SPECIAL INSTRUCTIONS Pursuant to PCC 3400
***APPLIES TO THIS PROJECT***

The identification of the RS2 Technologies Access Controls Hardware and Software Solutions are necessary to be installed as part of this project. In accordance with Public Contract Code 3400, the RS2 system is required in order to match other products in use on a particular public improvement either completed or in the course of completion.

AGREEMENT BETWEEN OWNER AND CONTRACTOR

THIS AGREEMENT, dated the _______ day of _________________, 2024, in the

County of Fresno, State of California, is by and between Clovis Unified School District (hereinafter referred to as "DISTRICT"), and _______________________ (hereinafter referred to as "CONTRACTOR").

The DISTRICT and the CONTRACTOR, for the consideration stated herein, agree as follows:
1.	The complete contract includes all of the Project documents described in the General Conditions. The Project documents are complementary, and what is called for by any one shall be as binding as if called for by all.

2.	CONTRACTOR shall perform within the time set forth in Paragraph 4 of this Agreement everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services as described in the complete contract and required for construction of

Bid 2999 – CAMPUS SECURITY IMPROVEMENTS PHASE 3

All of said work to be performed and materials to be furnished shall be completed in a good workmanlike manner in strict accordance with the plans, drawings, specifications and all provisions of the complete contract as hereinabove defined. The CONTRACTOR shall be liable to the DISTRICT for any damages arising as a result of a failure to fully comply with this obligation, and the CONTRACTOR shall not be excused with respect to any failure to so comply by any act or omission of the Architect, Engineer, Inspector, Division of State Architect, or representative of any of them, unless such act or omission actually prevents the CONTRACTOR from fully complying with the requirements of the Project documents, and unless the CONTRACTOR protests at the time of such alleged prevention that the act or omission is preventing the CONTRACTOR from fully complying with the Project documents. Such protest shall not be effective unless reduced to writing and filed with the DISTRICT within three (3) working days of the date of occurrence of the act or omission preventing the CONTRACTOR from fully complying with the Project documents.

3.	DISTRICT shall pay to the CONTRACTOR, as full consideration for the faithful performance of the contract, subject to any additions or deductions as provided in the Project documents, the sum of ________________________________________________($ ).
4.	The work shall be commenced on or before the fifth (5th) day after receiving the DISTRICT's Notice to Proceed – total project shall be completed within 133 calendar days (per construction manager’s work schedule).	Individual project trades to be completed in accordance with construction manager’s work schedule.

5.	Time is of the essence. If the work is not completed in accordance with Paragraph 4 above, it is understood that the DISTRICT will suffer damage.	It being impractical and infeasible to determine the amount of actual damage, in accordance with Government Code Section 53069.85, it is agreed that CONTRACTOR shall pay to DISTRICT as fixed and liquidated damages, and not as a penalty, the sum One Thousand Dollars ($1000.00) for each calendar day of delay until work is completed and accepted. This amount shall be deducted from any payments due to or to become due to

CONTRACTOR. CONTRACTOR and CONTRACTOR'S surety shall be liable for the amount thereof. Time extensions may be granted by the DISTRICT as provided in the General Conditions.

6.	In the event CONTRACTOR for a period of ten (10) calendar days after receipt of written demand from DISTRICT to do so, fails to furnish tools, equipment, or labor in the necessary quantity or quality, or to prosecute said work and all parts thereof in a diligent and workmanlike manner, or after commencing to do so within said ten (10) calendar days, fails to continue to do so, then the DISTRICT may exclude the CONTRACTOR from the premises, or any portion thereof, and take possession of said premises or any portion thereof, together with all material and equipment thereon, and may complete the work contemplated by this Agreement or any portion of said work, either by furnishing the tools, equipment, labor or material necessary, or by letting the unfinished portion of said work, or the portion taken over by the DISTRICT to another contractor, or by a combination of such methods. In any event, the procuring of the completion of said work, or the portion thereof taken over by the DISTRICT, shall be a charge against the CONTRACTOR, and may be deducted from any money due or to become due to CONTRACTOR from the DISTRICT, or the CONTRACTOR shall pay the DISTRICT the amount of said charge, or the portion thereof unsatisfied. The sureties provided for under this Agreement shall become liable for payment should CONTRACTOR fail to pay in full any said cost incurred by the DISTRICT.

7. The CONTRACTOR agrees to and does hereby indemnify and hold harmless the DISTRICT, its governing board, officers, agents, and employees from every claim or demand made, and every liability, loss, damage, or expense, of any nature whatsoever, which may be incurred by reason of:

(a) Liability for damages for (1) death or bodily injury to persons; (2) injury to, loss or theft of property; or (3) any other loss, damage or expense arising under either (1) or (2) above, sustained by the CONTRACTOR upon or in connection with the work called for in this Project, except for liability resulting from the sole active negligence, or willful misconduct of the DISTRICT.

(b) Any injury to or death of any person(s) or damage, loss or theft of any property caused by any act, neglect, default or omission of the CONTRACTOR, or any person, firm, or corporation employed by the CONTRACTOR, either directly or by independent contract, arising out of, or in any way connected with the work covered by this Agreement, whether said injury or damage occurs on or off District property.

The CONTRACTOR, at CONTRACTOR's own expense, cost, and risk shall defend any and all actions, suits, or other proceedings that may be brought or instituted against the DISTRICT, its governing board, officers, agents or employees, on any such claim, demand or liability, and shall pay or satisfy any judgment that may be rendered against the DISTRICT, its governing board, officers, agents or employees in any action, suit or other proceedings as a result thereof.

8.	Contractor shall provide the insurance set forth in the General Conditions. The amount of general liability insurance shall be not less than $1,000,000 per occurrence for bodily injury, personal injury and property damage and the amount of automobile liability insurance shall be not less than $2,000,000 per accident for bodily injury and property damage combined single limit.

9.	Public Contract Code Section 22300 permits the substitution of securities for any monies withheld by a public agency to ensure performance under a contract. At the request and expense of the CONTRACTOR, securities equivalent to the amount withheld shall be deposited with the public agency, or with a state or federally chartered bank in California as the escrow agent, who shall then pay such monies to the CONTRACTOR. The District retains the sole discretion to approve the bank selected by the CONTRACTOR to serve as escrow agent. Upon satisfactory completion of the contract, the securities shall be returned to the CONTRACTOR. Securities eligible for investment shall include those listed in Government Code Section 16430 or bank or savings and loan certificates of deposit. The CONTRACTOR shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon.

In the alternative, under Section 22300, the CONTRACTOR may request DISTRICT to make payment of earned retentions directly to the escrow agent at the expense of the CONTRACTOR.	Also at the CONTRACTOR's expense, the CONTRACTOR may direct investment of the payments in securities, and the CONTRACTOR shall receive interest earned on such investment upon the same conditions as provided for securities deposited by CONTRACTOR.	Upon satisfactory completion of the contract, CONTRACTOR shall receive from the escrow agent all securities, interest and payments received by escrow agent from DISTRICT pursuant to the terms of Section 22300. CONTRACTOR shall pay to each subcontractor, not later than 20 days after receipt of such payment, the respective amount of interest earned, net of costs attributed to retention withheld from each subcontractor, on the amount of retention withheld to insure performance of the CONTRACTOR.

10.	Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein and the Agreement shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not currently inserted, then upon application of either party the Agreement shall forthwith be physically amended to make such insertion or correction.

11.	The complete contract as set forth in Paragraph 1 of this Agreement constitutes the entire Agreement of the parties. No other agreements, oral or written, pertaining to the work to be performed, exists between the parties. This Agreement can be modified only by an amendment in writing, signed by both parties and pursuant to action of the Governing Board of the District.

12.	CONTRACTOR shall comply with those provisions of the Labor Code requiring payment of prevailing wages, keeping of certified payroll records, overtime pay, employment of apprentices, and workers' compensation coverage, as further set forth in the General Conditions, and shall file the required workers' compensation certificate before commencing work.

The Contractor and each subcontractor shall furnish a certified copy of all payroll records directly to the Labor Commissioner. Submittal of said records to meet DIR submittal process instructions and requirements.

For public works contracts awarded on and after January 1, 2015, those public works projects shall be subject to compliance monitoring and enforcement by the Department of Industrial Relations.

As of March 1, 2015, a contractor or subcontractor shall not be qualified to submit a bid or to be listed in a bid proposal subject to the requirements of Public Contract Code section 4104 unless currently registered and qualified under Labor Code section 1725.5 to perform public work as defined by Division 2, Part 7, Chapter 1 (§§1720 et seq.) of the Labor Code.
As of April 1, 2015, a contractor or subcontractor shall not be qualified to enter into, or engage in the performance of, any contract of public work (as defined by Division 2, Part 7, Chapter 1 (§§1720 et seq.) of the Labor Code) unless currently registered and qualified under Labor Code section 1725.5 to perform public work.

13.	The Contractor must comply with the applicable requirements of the Division of State Architect (“DSA”) Construction Oversight Process (“DSA Oversight Process”), including but not limited to (a) notifying the Owner’s Inspector of Record/Project Inspector (“IOR”) upon commencement and completion of each aspect of the work as required under DSA Form 156; (b) coordinating the Work with the IOR’s inspection duties and requirements; (c) submitting verified reports under DSA Form 6-C; and (d) coordinating with the Owner, Owner’s Architect, any Construction Manager, any laboratories, and the IOR to meet the DSA Oversight Process requirements without delay or added costs to the Project.

Contractor shall be responsible for any additional DSA fees related to review of proposed changes to the DSA-approved construction documents, to the extent the proposed changes were caused by Contractor’s wrongful act or omissions. If inspected work is found to be in non-compliance with the DSA-approved construction documents or the DSA-approved testing and inspection program, then it must be removed and corrected. Any construction that covers unapproved or uninspected work is subject to removal and correction, at Contractor’s expense, in order to permit inspection and approval of the covered work in accordance with the DSA Oversight Process.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed.

DISTRICT

By: __________________________________ Signature

Michael Johnston Associate Superintendent Title

CONTRACTOR

By: __________________________________ Signature* (see next p.)

_____________________________________ Title

(Second signature required only for corporation)

By: __________________________________ Signature** (see next p.)

_____________________________________ Print Name _____________________________________ Title

(CORPORATE SEAL OF CONTRACTOR, if corporation)

_____________________________________ Contractor's License No.

_____________________________________ Tax ID/Social Security No.

*If CONTRACTOR is a corporation, the first signature must be by one of the following officers of the corporation: Chairman of the Board, President, or any Vice President.

**If CONTRACTOR is a corporation, the second signature must be by a different person from the first signature and must be by one of the following officers of the corporation: Secretary, any Assistant Secretary, the Chief Financial Officer, or any Assistant Treasurer.

Purch Bid fr.lf 9 98

PAYMENT BOND

(Labor and Material)

KNOW ALL MEN BY THESE PRESENTS:

That WHEREAS,

and

Hereinafter designated as the “Principal”, have entered into a contract for the furnishing of all materials and labor, services and transportation, necessary, convenient, and proper to construct

Bid 2999-CAMPUS SECURITY IMPROVEMENTS PHASE 3

Which said agreement dated	, 20	, and all of the contract documents attached to or forming a part of said agreement, are hereby referred to and made a part hereof; and

WHEREAS, the Principal is required, before entering upon the performance of the work, to file a good and sufficient bond with the body by whom the contract is awarded to secure the claims arising under said agreement.

NOW, THEREFORE, THESE PRESENTS WITNESSETH:

That the said Principal and the undersigned

are held and firmly bound unto all laborers, material men, and other persons referred to in said statutes in the sum of	Dollars ($	) which sum well and truly be made, we bind ourselves, our heirs, executors, administrators, successors, or assigns, jointly and severally, by these presents.

The condition of this obligation is that if the said Principal or any of its subcontractors, or the heirs, executors, administrators, successors, or assigns of any, all, or either of them, shall fail to pay for any materials, provisions, provender or other supplies, or teams, used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor thereon of any kind or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay a reasonable attorney’s fee to be awarded and fixed by the Court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims so as to give a right of action to them or their assigns in any suit brought upon this bond.

Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.

And the said Surety, for value received, thereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of said contract or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition.

IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety

this 	day of 	, 20	

(To be signed by	) (Principal and Surety,     )
(and acknowledged and) (Notarial Seal attached )

Principal

Surety

By:
Attorney-in-Fact

The above bond is accepted and approved this 	day of 	, 20	.

END OF SECTION 3.97 (8.98)

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS that we
	as Principal, and
as Surety, are held and firmly bound unto Clovis Unified School District, in the County of Fresno, State of California, hereinafter called the “Owner”, acting on behalf of the State Allocation Board, State of California, in the sum of	Dollars ($	) for the payment of which sum well and truly made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.

The condition of this obligation is such, that whereas the Principal entered into a certain contract with the Owner, dated 	, 20	              for construction of

Bid 2999-CAMPUS SECURITY IMPROVEMENTS PHASE 3

NOW, THEREFORE, if the Principal shall well and truly perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term of said contract and any extensions thereof that may be granted by the Owner, with or without notice to the Surety, and during the life of any guaranty required under the contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of any and all duly authorized modifications of said contract that may hereafter be made, then this obligation to be void, otherwise to remain in full force and virtue.

And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same, shall in any way affect its obligation on 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 to the work, or to the specifications.

IN WITNESS WHEREOF, the above-bounden parties have executed this instrument under their several seals this day of	, 20	hereto affixed and these presents duly signed by its
undersigned representative, pursuant to authority of its governing body.

(To be signed by	) (Principal and Surety,     )
(and acknowledged and) (Notarial Seal attached )

(Affix Corporate Seal)	
(Individual Principal)

(Business Address)

(Affix Corporate Seal)	
(Corporate Principal)

(Business Address)

(Affix Corporate Seal)	

(Corporate Surety)

(Business Address)

By: 	

The rate or premium on this bond is 	per thousand.

The total amount of premium charged is	.

The above must be filled in by Corporate Surety.

END OF SECTION 3.97 (8.98)