1-CUPCCAA-Bid Form.pdf

NOTICE TO BIDDERS / INVITATION TO BID

INVITING INFORMAL BIDS FOR

CALIFORNIA UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT (“CUPCCAA”)

NOTICE IS HEREBY GIVEN that the Ontario-Montclair School District, acting by and through its Governing Board, hereinafter referred to as “District”, will receive prior to 1:00 pm on the 20th Day of October, 2026 sealed Prime bids for the award of a Contract for the following:

Lehigh Elementary School – Concrete Ramp Project

BID NO. C-267-425- PROJECT AH18

All bids shall be made and presented only on the forms presented by the District and Construction Manager. Bids shall be submitted on Bonfire and will be opened and read publicly via Zoom at the above set date and time. No bids will be accepted after the time specified above or after any extensions due to material changes shall remain unopened.

For a more detailed discussion on Contract Time, Trade Contractor must refer to the General Conditions, Supplementary Conditions, Trade Contractor Scope of Work and General Requirements regarding Milestones and Liquidated Damages.

There will be a non-mandatory Pre-Bid Walk on October 6, 2026, at 9:00 AM at Lehigh Elementary School, 10200

Lehigh Ave., Montclair, CA 91763. We will meet at the front of the site near the Main Office. The District requires that bidders possess the following classification(s) of contractor’s license at the time that the Contracts are awarded:

B License

If the license classification specified herein is that of a “specialty contractor,” the specialty contractor awarded the contract for this work shall itself PERFORM a majority of the work.

This project shall be completed within Sixty (60) consecutive calendar days from the date stated in the Notice of Award. Failure to complete the work within the specified time will result in the imposition of liquidated damages for each day of delay as specified in the Information for Bidders.

Additive/ Deductive Bid Alternates (See Instruction to Bidders) If the District has included additive/ deductive alternates which require all bidders to price as part of their bid, the District will utilize the following method to determine the lowest bidder in accordance with Public Contract Code Section 20103.8:

❑ The lowest bid shall be the lowest bid price on the base contract without consideration of the prices on the additive or deductive items.

**Note: Pursuant to Public Contract Code Section 20103.8, the selection process selected does not preclude the District from using any of the additive or deductive alternates from the Contract after the lowest responsible responsive bidder has been determined.

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Miscellaneous Information

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

The bid documents are available on September 24, 2026, for download via Bonfire. Please utilize this link to obtain access to the bid documents https://omsd.bonfirehub.com/portal/?tab=openOpportunities

Each bidder shall be a licensed contractor pursuant to the California Business and Professions Code, and be licensed to perform the work called for in the Contract Documents. The successful bidder must possess a valid and active license in the Trade of Work as designated in the Trade Contractor Scope of Work and must be properly licensed at the time of bid and throughout the duration of this Contract. The Contractor’s California State License number shall be clearly stated on the bidder’s proposal

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

Each bid must strictly conform with and be responsive to the Contract Documents as defined in the General Conditions.

The District reserves the right to reject any or all bids or to waive any irregularities or informalities in any bids or in the bidding.

Each bidder shall submit with its bid on the form furnished with the Contract Documents a list of the designated subcontractors on this Project as required by the Subletting and Subcontracting Fair Practices Act, California Public Contract Code Sections 4100 et seq.

In accordance with California Public Contract Code Section 22300, the District will permit the substitution of securities for any moneys withheld by the District to ensure performance under the Contract. At the request and expense of the Trade Contractor, securities equivalent to the amount withheld shall be deposited with the District, or with a state or federally chartered bank as the escrow agent, who shall then pay such moneys to the Trade Contractor. Upon satisfactory completion of the Contract, the securities shall be returned to the Trade Contractor.

Each bidder’s bid must be accompanied by one of the following forms of bidder’s security: (1) cash; (2) a cashier’s check made payable to the District; (3) a certified check made payable to the District; or (4) a bidder’s bond executed by a California admitted surety as defined in Code of Civil Procedure Section 995.120, made payable to the District in the form set forth in the Contract Documents. Such bidder’s security must be in an amount not less than ten percent (10%) of the maximum amount of bid as a guarantee that the bidder will enter into the proposed Contract, if the same is awarded to such bidder, and will provide the required Performance and Payment Bonds, insurance certificates and any other required documents. In the event of failure to enter into said Contract or provide the necessary documents, said security will be forfeited.

The Contractor and all subcontractors shall comply with the requirements set forth in Division 2, Part 7, Chapter 1 of the Labor Code. The District has obtained from the Director of the Department of Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which this work is to be performed for each craft, classification or type of worker needed to execute the Contract. These per diem rates, including holiday and overtime work, as well as employer payments for health and welfare, pension, vacation, and similar purposes, are on file at the District, and are also available from the Director of the Department of Industrial Relations. Pursuant to California Labor Code Sections 1720 et seq., it shall be mandatory upon the Trade Contractor to whom the Contract is awarded, and upon any subcontractor under such Trade Contractor, to pay not less than the said specified rates to all workers employed by them in the execution of the Contract.

A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in the Labor Code, unless currently registered and qualified to perform public work pursuant to Labor Code section 1725.5. It is not https://omsd.bonfirehub.com/portal/?tab=openOpportunities

OMSD – CUPCCAA Bid Form Page 3 a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.

The Contractor and all subcontractors shall furnish certified payroll records as required pursuant Labor Code section 1776 directly to the Labor Commissioner in accordance with Labor Code section 1771.4 on at least on a monthly basis (or more frequently if required by the District or the Labor Commissioner) and in a format prescribed by the Labor Commissioner.

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

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

Separate payment and performance bonds, each in an amount equal to 100% of the total Contract amount, are required, and shall be provided to the District prior to execution of the Contract and shall be in the form set forth in the Contract Documents.

All bonds (Bid, Performance, and Payment) must be issued by a California admitted surety as defined in California Code of Civil Procedure Section 995.120.

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

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

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

It is each bidder’s sole responsibility to ensure its bid is timely uploaded and received on Bonfire. Any bid received at the designated location after the scheduled closing time for receipt of bids shall remain unopened.

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ONTARIO-MONTCLAIR SCHOOL DISTRICT (OMSD)

BID FORM FOR

CALIFORNIA UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT (“CUPCCAA”)

PROJECT: LEHIGH ELEMENTARY SCHOOL CONCRETE RAMP PROJECT

1. Bid. 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:

2. Allowances. The Bidder’s Base Bid shall NOT include the following potential Allowance(s). The District will add some or all of the following Allowance(s) amount(s) to the successful bidder’s Contract, at the District’s discretion. Contractor shall be permitted to invoice for Work under an Allowance in the identical structure as a Change Order.

Allowance: Ten Thousand Dollars Allowance will be used for any unforeseen conditions as determined by the district. Any unused portion of the allowance will be credited back to Ontario-Montclair School District

$ 10,000.00 Dollars

3. 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) described in the Contract Documents.

4. 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.

5. Subcontractors. Contractor shall provide the following for each subcontractor that will perform work or labor or render service in or about the construction of the Work or improvement in an amount in excess of one-half of 1 percent (0.5%) of the Contractor's total bid. Use extra sheets/extra space as needed. The District may, in its sole discretion, find Contractor’s Bid non-responsive if Contractor fails to include all the information identified below.

Subcontractor Name: Portion of Work (Scope): Location of Business: CSLB No.:

DIR No.:

Subcontractor Name: Portion of Work (Scope): Location of Business: CSLB No.:

DIR No.:

Subcontractor Name: Portion of Work (Scope): Location of Business: CSLB No.:

DIR No.:

6. 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.

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

8. 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.

9. Prevailing Wages. 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 on file and available from the District at the District’s office 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.

10. 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 Certified Payroll Reports (“CPR”) 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.

11. Bid Protests. Any bid protest by any Contractor regarding any other bid on this Project must be submitted in writing to the District to Angie.Redelsperger@omsd.net or Kassy.Martinez@omsd.net, at before 5:00 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.

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

No.: ________ Date: __________________ No.: ________ Date: __________________

13. 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: INSURANCE 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.

Date:

Proper Name of Bidder:

Signature:

By: (Print Name)

Title:

mailto:Angie.Redelsperger@omsd.net mailto:Kassy.Martinez@omsd.net

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Address of Bidder:

Telephone Number:

Fax Number:

E-mail:

Webpage:

Bidder’s Taxpayer Identification No.:

Bidder’s DIR Registration No.:

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

No.: _____________ Class: _____ Expiration Date: ____________

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. Contractors must ensure 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 for opening bids.

Contractors must submit bids electronically via the District's Online Vendor Portal.

• Pushing the submit button on the electronic system may not be instantaneous and may take time for the Bidder’s documents to upload and transmit before the Bid is accepted.

• It is the Bidder’s sole responsibility to ensure their document(s) are timely uploaded, transmitted, and received electronically.

• Once a Bidder’s bid is successfully uploaded to the Online Vendor Portal, the Bidder will receive an electronic receipt.

This electronic receipt is each Bidder’s proof of submission of its bid. If a Bidder does not receive an electronic receipt, the Bidder’s upload was not successful or was not timely received by the District, i.e., received after the Bid date / time.

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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.)

The undersigned, _________________________________________________________ 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

________________ School District (“District”) as Obligee, in the sum of $ _______________________ Dollars, lawful money of the United States, for the payment to the District will and truly to be made pursuant to the provisions herein.

Principal and Surety each of us, bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally.

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 and if the District awards the contract to the Principal and, within the time and manner required under the Contract Documents, after the prescribed forms are presented to Principal for signature, the Principal 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 and the Surety shall immediately issue full payment of the sum stated above to the Obligee upon notification from the Obligee that the Principal has not taken all steps to nullify or void this obligation.

Surety agrees that no change, extension of time, alteration or addition to the terms of 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 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 that 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:

__________________________________, 20_____ (Enter date here).

Principal: _______________________________

Signature: _______________________________

Print Name: _____________________________

Print Title: _______________________________

Surety: _______________________________

Signature: _______________________________

Print Name: _____________________________

Print Title: _______________________________

Name, Address, Email, and Telephone # 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.

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NONCOLLUSION DECLARATION

Public Contract Code § 7106

TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID

The undersigned declares:

I am the _____________________________________________________________ [PRINT YOUR TITLE] of __________________________________________________________________ [PRINT FIRM NAME], 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 the following date:

Date:

Proper Name of Bidder:

City, State:

Signature:

By: (Print Name)

Title:

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CONTRACT C-267-425

CALIFORNIA UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT (“CUPCCAA”)

THIS CONTRACT is made and entered into this 20th day of November, 2026 (“Contract”), by and between _______________________ (“Contractor”) and Ontario-Montclair School District (“District”). Contractor and District may be referred to herein individually as a “Party” or collectively as the “Parties.”

1. Contract Price & Services.

a. After the District has issued a Notice to Proceed, the Contractor shall furnish to the District the repairs, maintenance or construction services identified below and as more fully described in Exhibit A attached hereto (“Services” or “Work”) subject to the conditions below and for the price indicated below (“Contract Price”):

LEHIGH ELEMENTARY SCHOOL CONCRETE RAMP PROJECT

Base Contract $ _______________________________ Dollars

Allowance to ___________

$ 10,000.00

Dollars

Contract Price $ _______________________________ Dollars

b. Allowances: If this Contract includes allowances, an allowance is a value added to the Base Contract amount for scope items defined by the District. Allowance items shall only be used by Contractor with the District’s prior written permission. Contractor shall use the change order provisions of this Contract to apply for the use of an Allowance item. All unused allowance values at the end of the Project shall be retained by the District.

2. Payment. Payment for the Work shall be made in accordance with the Terms and Conditions to Contract (“Terms and

Conditions”) attached hereto.

3. Site. Contractor shall perform the Work at Lehigh Elementary School Concrete Ramp Project. The “Project” is the scope of Work performed at the Site.

4. Contract Time & Liquidated Damages. Work shall be completed within SIXTY (60) 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 $500 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.

5. 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. The District reserves to waive this requirement in writing at its sole discretion in the event the Contract Price is below $25,000.

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, with Products and Completed Operations Coverage

$1,000,000 each occurrence $2,000,000 aggregate

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Automobile Liability, Any Auto, Combined Single Limit

$1,000,000 each occurrence $2,000,000 aggregate

Workers Compensation Statutory limits pursuant to State law Employers’ Liability $1,000,000 each incident, disease

$2,000,000 policy limit Sexual Abuse / Molestation $1,000,000 each incident

$2,000,000 policy limit Builder’s Risk (Course of Construction) Issued for the value and scope of work.

DISTRICT MAY ADJUST THESE LIMITS, IN WRITING, AT THE DISTRICT’S SOLE DISCRETION BASED ON SIZE AND SCOPE

OF THE CONTRACT.

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, and the certificate(s) of insurance and endorsements have been provided to the District; provided, however, that the District reserves the right to reject an insurance policy(ies) if they do not conform with the above insurance requirements.

6. Project Oversight.

a. The District representative for the Project is _______________________.

b. The architect for the Project is _______________________ (“Architect”).

c. The project manager on the Project is _______________________ (“Project Manager”).

7. Terms & Conditions. The Contractor agrees to comply with the Terms and Conditions attached hereto.

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

____ Bid Form ____ Bid Bond ____ Notice to Proceed ____ Terms and Conditions to Contract ____ Noncollusion Declaration ____ Certifications to be Completed by Contractor ____ Criminal Background Investigation Certification

____ Insurance Certificates and Endorsements ____ Performance Bond ____ Payment Bond ____ Exhibit A (Scope of Work), plus:

____ Plans ____ Work Specifications

____ _______________________ [Other]

9. Notice. Any notice required or permitted to be given under this Contract 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:

District:

________________ School District

_______________________, CA _____________

Attn: _________________________________

Contractor:

_______________________, CA _____________

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.

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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_____

Ontario-Montclair School District

Signature: _____________________________________

Print Name: ____________________________________

Print Title: _____________________________________

Dated: _______________________, 20_____

Contractor

Signature: _____________________________________

Print Name: ____________________________________

Print Title: _____________________________________

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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 bid and signing this Contract, 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. CONSTRUCTION SCHEDULE / SUBCONTRACTOR LIST:

Contractor shall provide the District a Construction Schedule for the Work and a Subcontractor List as indicated in Contractor’s Bid Form. Both the Construction Schedule and Subcontractor List are subject to the District’s approval.

4. 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.

5. 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.

6. 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 or otherwise breaches 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.

7. 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.

8. CHANGE IN SCOPE OF WORK:

8.1. No Change Without Authorization: Any change in the

scope of the Work, method of performance, nature of materials or price thereof, the time for performance, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted by the District unless that change, addition, or deletion is approved in advance and in writing by a valid change order executed by the District.

8.2. District Right to Request Changes: 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. The District may accomplish any of the foregoing, in its discretion, by issuing a unilateral change order.

8.3. Proposed Change Order:

8.3.1. Submission / Time to Submit: Contractor may

seek an adjustment to the Contract Time or Contract Price only by submitting a proposed change order to the District within five

(5) days of the date Contractor discovers, or reasonably should discover, the circumstances giving rise to the proposed change order, unless additional time to submit a proposed change order is granted in writing by the District.

8.3.2. Content of Proposed Change Order:

Contractor and subcontractors shall include the following in any proposed change order:

8.3.2.1. Labor: Labor breakdown by trade

classification, wage rates, and estimated hours. Wages shall not exceed current prevailing wages in the locality for performance of the changes. The Contractor’s or subcontractors’ (including second-tier subcontractors’) labor burden and Workers’ Compensation premium shall only be charged at 20% of the total charge for labor costs. In no event shall Contractor include any other charges than as indicated herein without the District’s prior written approval.

8.3.2.2. Material: Material quantities, and

types of products, and transportation costs, if applicable.

8.3.2.3. Equipment: Equipment breakdown by

make, type, size, rental rates (if not owned), equipment hours and transportation costs, if applicable. The equipment costs shall not exceed one hundred percent (100%) of the Association of Equipment Distributors (AED) rental rates and delay factors or Caltrans rates and delay factors, whichever is less. Hourly, daily, or weekly rates shall be used, whichever is lower. Hourly rates including operator shall not be used. The time to be paid for equipment shall be the actual time that the equipment is in (1)

OMSD CUPCCAA Bid Documents Page 13 productive operation on the Work or (2) idled because of the event or circumstance giving rise to the proposed change order.

8.3.2.4. Mark-Up for Overhead and Profit:

Mark-up for overhead and profit in a proposed change order shall be calculated as follows:

8.3.2.4.1. Subcontractor-Performed

Work: Subcontractors shall be entitled to a total cumulative mark-up for overhead and profit of 8% on the total of Labor (including labor burden and Workers’ Compensation premium), Material, and Equipment only for both the subcontractor and the subcontractor’s subcontractor(s) (e.g., all “lower-tier” subcontractors) performed Work. Contractor shall be entitled to a 6% mark-up on the same items, excluding subcontractor’s mark-up for overhead and profit.

8.3.2.4.2. Contractor-Performed

Work: Contractor shall be entitled to a mark-up for overhead and profit of 6% of the total of the Labor (including labor burden and Workers’ Compensation premium), Material, and Equipment for Contractor performed Work.

8.3.3. Contract Time: Any request for an adjustment

to the Contract Time must be supported by a time impact analysis identifying critical schedule activities delayed by an event beyond the Contractor’s reasonable control.

8.4. Determination of Change Order Cost: The District shall

use any reasonable means to calculate the cost of a change order in its sole discretion, including, without limitation: the acceptance of a proposed change order; agreement between the District and Contractor; and, the actual and necessary costs incurred by Contractor based on cost records produced to the District and based on the District’s reasonable evaluation of the Work and market research.

8.5. Contractor Obligation to Substantiate: Contractor

agrees to provide the District with all information requested to substantiate the cost of any change order and to inform the District whether the Work will be done by the Contractor or a subcontractor. If Contractor fails to reasonably substantiate any requested change in the scope of work, or Contractor fails to timely cooperate with the District to provide substantiation for the costs of any change order, Contractor waives any claim for additional compensation. 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.

8.6. Waiver: 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.

Contractor waives any claim for additional compensation for any change in the scope of work if Contractor performs the work without written approval of the District.

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 with and provide to the District a fully executed Criminal Background Investigation /Fingerprinting Certification, attached hereto, prior to mobilizing at the Site.

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 that are caused by the Contractor’s failure to comply with the

OMSD CUPCCAA Bid Documents Page 14 standard of care required herein. If Contractor fails to correct any those errors, the District reserves the right to deduct the value of the work from any payment(s) owed to Contractor, or to perform the work itself and deduct from any payment(s) owed to contractor the cost to perform the work.

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 to monitor the use of equipment and the quality of workmanship.

19. PERSONNEL: Contractor, Contractor’s employees, Subcontractors, Subcontractors’ employees, or any person associated with the Work shall conduct themselves in a manner appropriate for a school site. The District will not permit any (1) verbal or physical contact with neighbors, students, and faculty;

(2) profanity, or inappropriate attire or behavior; (3) photographing, videoing, or audio recording of any neighbors, students, and faculty or any posting of any photographs, videos, or audio recordings of any neighbors, students, and faculty on any internet site, social media platform of any kind, regardless of source of any photograph, video, or audio recording. District may require Contractor to permanently remove noncomplying persons from Project Site

20. 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.

21. 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.

22. 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.

23. 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.

24. 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.

25. OCCUPANCY: There is no “Substantial Completion” or “Beneficial Occupancy” for this Project, although the District reserves the right to occupy buildings at any time before formal Contract completion and that occupancy shall not constitute final acceptance or approval of any part of the Work covered by this Contract, nor shall that occupancy extend the date specified for completion of the Work.

26. 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, pandemic, 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. Any delay associated with Covid-19, or any derivative or similar strain thereof, or any federal, state, or local order relating thereto, shall not be considered a Force Majeure Event unless it renders Contractor’s performance of the Work impossible, and that event was not reasonably foreseeable at the time of the execution of the Contract.

27. 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…