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HomeMy WebLinkAboutCO 2025-077 - ACC Contractors, Inc. CITY OF RANCHO CUCAMONGA CONTRACT Westside Library Expansion Awarded: Wednesday, June 4, 2025 Docusign Envelope ID: 004E0C8B-6947-4361-B9D1-D710CBFFC6A5 PROJECT FILE: 800-2024-16 CITY OF RANCHO CUCAMONGA NOTICE INVITING BIDS FOR PROPOSAL, CONTRACT AND SPECIFICATIONS FOR "WESTSIDE LIBRARY EXPANSION" PREPARED BY: CITY OF RANCHO CUCAMONGA 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA 91730 (909)477-2740 __________________________________________ JASON C. WELDAY DIRECTOR OF ENGINEERING SERVICES/CITY ENGINEER RCE NO. 67514 Docusign Envelope ID: 004E0C8B-6947-4361-B9D1-D710CBFFC6A5 TABLE OF CONTENTS Notice Inviting Bids ....................................................................................................... N-1 thru 4 Instructions to Bidders ............................................................................................... I-1 thru I-7 A.Proposals B.Delivery of Proposals C.Withdrawal of Proposals D.Disqualification of Bidders and Proposals E.Addendum F.Examination of Plans, Specifications, and Site of Work G.Estimated Quantities H.Competency of Bidder I.Award and Execution of Contract J.Return of Proposal Guarantee K.City Business License L.Equivalent Materials M.Relief of Bidders Contract Agreement ................................................................................................. C-1 thru 6 Faithful Performance Bond .................................................................................................. B-1 Labor and Materials Bond .......................................................................................... B-2 thru 3 Compensation Insurance Certificate ................................................................................. INS-1 Maintenance Guarantee Bond .......................................................................................... MB-1 Docusign Envelope ID: 004E0C8B-6947-4361-B9D1-D710CBFFC6A5 Table of Contents CITY OF RANCHO CUCAMONGA PROJECT SPECIAL PROVISIONS CITY OF RANCHO CUCAMONGA PROJECT SPECIAL PROVISIONS ................................. ME-1 CITY OF RANCHO CUCAMONGA PROJECT SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION AMENDMENTS to "Green Book" Standard Specifications, the City of Rancho Cucamonga Specifications for Public Works Construction ....................................................................... ME-1 PART 1 - GENERAL PROVISIONS Section 1 - General, Terms, Definitions, Abbreviations, Units of Measure and Symbol .. ME-1 thru 2 Section 2 - Scope of the Work ................................................................................................. ME-2 Section 3 - Changes in Work ......................................................................................... ME-3 thru 8 Section 4 - Control of Materials .................................................................................... ME-8 thru 10 Section 5 – Legal Relations and Responsibilities ....................................................... ME-10 thru 18 Section 6 - Prosecution, Progress and Acceptance of the Work ................................ ME-18 thru 19 Section 7 – Measurement and Payment .................................................................... ME-19 thru 22 Section 8 - Facilities for Agency Personnel ............................................................................ ME-22 PART 2 -CONSTRUCTION MATERIALS Section 200- Rock Materials 200-1 Rock Products ................................................................................................. ME-23 200-2 Untreated Base Materials ................................................................................. ME-23 Section 201 – Concrete, Mortar and Related Materials 201-1 Portland Cement Concrete ............................................................................... ME-24 Section 203 – Bituminous Materials 203-6 Asphalt Concrete ............................................................................................. ME-25 203-11 Asphalt-Rubber Hot Mix (ARHM) .................................................................... ME-25 203-17 Asphalt-Rubber Crack and Joint Sealant ......................................................... ME-25 PART 3 - CONSTRUCTION METHODS Section 300 – Removals and Earthwork 300-1 Clearing and Grubbing ..................................................................................... ME-26 300-2 Unclassified Excavation ................................................................................... ME-26 300-3 Structure Excavation and Backfill ..................................................................... ME-26 300-4 Unclassified Fill ................................................................................................ ME-27 Section 301 – Subgrade Preparation, Treated Materials, and Placement of Base Materials 301-2 Untreated Base ................................................................................................ ME-27 Section 302 - Roadway Surfacing 302-2 Chip Seal ......................................................................................................... ME-27 302-4 Slurry Seal Surfacing ....................................................................................... ME-28 302-5 Asphalt Concrete Pavement ............................................................................ ME-29 302-7 Pavement Fabric .............................................................................................. ME-31 Docusign Envelope ID: 004E0C8B-6947-4361-B9D1-D710CBFFC6A5 Table of Contents 302-9 Asphalt Rubber Hot Mix (AHRM) ..................................................................... ME-31 302-10 Asphalt Rubber Aggregate Membrane ............................................................. ME-33 302-15 Existing Asphalt Surface Preparation ............................................................... ME-33 Section 303 - Concrete and Masonry Construction 303-1 Concrete Structures ......................................................................................... ME-36 303-4 Masonry Construction ...................................................................................... ME-38 303-5 Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps and Driveways ................................................................................................. ME-38 303-9 Interlocking Concrete Pavers ........................................................................... ME-40 Section 306 – Open Trench Conduit Construction 306-3 Trench Excavation ........................................................................................... ME-41 306-6 Bedding ........................................................................................................... ME-42 306-12 Backfill ............................................................................................................. ME-43 306-13 Trench Resurfacing .......................................................................................... ME-43 306-14 Measurement ................................................................................................... ME-44 306-15 Payment .......................................................................................................... ME-44 Section 313 – Signs 313-1 Roadside Signs ............................................................................................... ME-45 Section 314 – Traffic Striping, Curb and Pavement Markings, and Pavement Markers 314-2 Removal of Traffic Striping and Curb and Pavement Markings ........................ ME-45 314-3 Removal of Pavement Markers ........................................................................ ME-45 314-4 Application of Traffic Striping and Curb and Pavement Markings ..................... ME-46 314-5 Pavement Markers ........................................................................................... ME-48 Section 315 – Fiber Optic Communication System 315-1 General ............................................................................................................ ME-48 315-2 Products .......................................................................................................... ME-54 315-3 Execution ......................................................................................................... ME-54 315-4 Fiber Optic Cable ............................................................................................. ME-54 315-5 Execution ......................................................................................................... ME-60 315-6 Patch Cords ..................................................................................................... ME-67 315-7 Conduit ............................................................................................................ ME-68 315-8 Pull Box B40/C40 Communication ................................................................... ME-72 315-9 Splice Enclosures ............................................................................................ ME-74 315-10 Fiber Distribution Unit ...................................................................................... ME-75 315-11 Fiber Optic Patch Panel ................................................................................... ME-77 315-12 10 Base-T/100 Base-T Ethernet Switch ........................................................... ME-79 315-13 Gigabit Ethernet Switch.................................................................................... ME-81 PART 4 – EXISTING IMPROVEMENTS Section 400 – Protection and Restoration 400-1 General .............................................................................................................. GP-1 Section 401 – Removal 401-3 Concrete and Masonry Improvements ............................................................... GP-1 Section 402 – Utilities 402-1 Location ............................................................................................................. GP-2 402-4 Relocation .......................................................................................................... GP-2 Docusign Envelope ID: 004E0C8B-6947-4361-B9D1-D710CBFFC6A5 Table of Contents 402-7 Utility Connection ............................................................................................... GP-2 Section 403 – Manhole Adjustment and Reconstruction 403-1 General .............................................................................................................. GP-2 403-3 Manholes in Asphalt Concrete Pavement .......................................................... GP-2 403-5 Payment ............................................................................................................ GP-3 Section 404 – Cold Milling 404-9 Traffic Signal Loop Detectors ............................................................................. GP-4 404-11 Measurement ..................................................................................................... GP-4 Docusign Envelope ID: 004E0C8B-6947-4361-B9D1-D710CBFFC6A5 Table of Contents APPENDICES 1. Architectural Specifications 2. City Working Days Calendar 3. Water Quality Management Plan 4. Geotechnical Report 5. Hazardous Building Materials Survey Report 6. Topographic Survey 7. Roof Survey 8. Utility Scan Report 9. RC Cabling Standards 10. RC Fiber Standards 11. Lions Center East - RH test report 12. Bid Schedule Reference Docusign Envelope ID: 004E0C8B-6947-4361-B9D1-D710CBFFC6A5 N-1 NOTICE INVITING SEALED BIDS FOR PROPOSALS FOR "WESTSIDE LIBRARY EXPANSION" NOTICE IS HEREBY GIVEN that the City of Rancho Cucamonga will receive through the City’s online bid management system (“Planet Bids”), on or before the hour of 2:00 p.m. on May 20, 2025, sealed bids for the "WESTSIDE LIBRARY EXPANSION" in said City. The scope of work to be performed consists of, but not limited to, improvements on existing buildings and associated site work. The contract documents call for 282 working days to complete this construction. Engineer’s Estimate is $12,500,000. An optional pre-bid meeting is scheduled for 9:00 a.m. on April 29, 2025, at 9191 Base Line Rd, Rancho Cucamonga, CA 91730. The City strongly recommends that all prospective bidders attend in order to familiarize themselves with the existing site conditions, potential constraints, and any factors that may affect their bid preparation. Failure to attend the pre-bid meeting shall not relieve the bidder from complying with all project requirements or constitute grounds for claims related to site conditions. Bids must be submitted on the City’s bid forms as discussed within this document. A Bidder (“Bidder”) may obtain a copy of the Contract Documents from Planet Bids. The schedule of events for this bid is listed in the following table. Schedule of Events Event Description Date & Time Bid Posted on Planet Bids April 22, 2025 Pre-bid Meeting April 29, 2025, 9:00 am Questions Due May 6, 2025, 9:00 am Addendum Issued May 13, 2025 Bid Response Due Date May 20, 2025, 2:00 pm After said bid closing time, Bids will be publicly released on Planet Bids. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. As such, a copy of prevailing wage rates may be found at https://www.dir.ca.gov/Public-Works/Prevailing-Wage.html. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 Docusign Envelope ID: 004E0C8B-6947-4361-B9D1-D710CBFFC6A5 N-2 (with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)). No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. For all projects, the contractors and subcontractors must furnish electronic certified payroll records to the Labor Commissioner. Pursuant to provisions of Labor Code Section 1775, the Contractor shall forfeit, as penalty to the City of Rancho Cucamonga, not more than two hundred dollars ($200.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages herein before stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: A. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request of certificate, or B. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or D. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Docusign Envelope ID: 004E0C8B-6947-4361-B9D1-D710CBFFC6A5 N-3 Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor or Subcontractor shall forfeit, as a penalty to the City of Rancho Cucamonga, twenty-five dollars ($25.00) for each worker employed in the execution of the contract by the respective contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of this article. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreement filed in accordance with Labor Code Section 1773.1. The bidder must submit with his proposal, cash, cashier's check, certified check, or bidder's bond, payable to the City of Rancho Cucamonga for an amount equal to at least 10% of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him, and in event of failure to enter into such contract said cash, cashiers' check, certified check, or bond shall become the property of the City of Rancho Cucamonga. The Bid Security must be submitted in original hard copy directly to the City at 10500 Civic Center Drive, Rancho Cucamonga, California Attn: City Clerk’s Office prior to the specified date and time for bid opening as set forth in the Instructions to Bidders. If the City of Rancho Cucamonga awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City of Rancho Cucamonga to the difference between the low bid and the second lowest bid, and the surplus, if any shall be returned to the lowest bidder. The amount of the bond to be given to secure a faithful performance of the contract for said work shall be 100% of the contract price thereof, and an additional bond in an amount equal to 100% of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Rancho Cucamonga for the construction of said work. Contractor shall possess any and all contractor licenses, in form and class as required by any and all applicable laws with respect to any and all of the work to be performed under this contract; including, but not limited to, a Class "B" License (General Building Contractor) in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 et. seq.) and rules and regulation adopted pursuant thereto. The Contractor, pursuant to the "California Business and Professions Code," Section 7028.15, Docusign Envelope ID: 004E0C8B-6947-4361-B9D1-D710CBFFC6A5 N-4 shall indicate his or her State License Number on the bid, together with the expiration date, and be signed by the Contractor declaring, under penalty of perjury, that the information being provided is true and correct. The work is to be done in accordance with the plans, and specifications of the City of Rancho Cucamonga on file in the Office of the City Clerk at 10500 Civic Center Drive, Rancho Cucamonga, California. Digital copies of the plans, specifications, and bid proposal, including any future addenda or revisions to the bid documents, are available on Planet Bids. It is the responsibility of each prospective Bidder to download and print all Contract Documents for review and to verify the completeness of Contract Documents before submitting a Bid. Note, copies of the plans, specifications, bid proposal, addendums and revisions will not be provided, digital copies must be downloaded from the above website. Prospective bidders must register for an account on Planet Bids to be included on the prospective bidder’s list(s) and to receive email updates of any addenda or revisions to the bid documents. Be advised that the information contained on this site may change over time and without notice to prospective bidders or registered users. While effort is made to keep information current and accurate and to notify registered prospective bidders of any changes to the bid documents, it is the responsibility of each prospective bidder to register with Planet Bids and to check this website on a DAILY basis through the close of bids for any applicable addenda or updates. The successful bidder will be required to enter into a contract satisfactory to the City of Rancho Cucamonga. In accordance with the requirements of Section 9-3.2 of the General Provisions, as set forth in the Plans and Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). The City of Rancho Cucamonga, reserves the right to reject any or all bids. Questions regarding this Notice Inviting Sealed Bids for "WESTSIDE LIBRARY EXPANSION" shall be submitted two weeks prior to bid opening through Planet Bids, per the schedule of events. All written questions, if answered, will be answered in writing, conveyed to all interested Bidders, and posted through Planet Bids. Oral statements regarding this Bid by any persons should be considered unverified information unless confirmed in writing. ADVERTISE ON: April 22, 2025 and April 29, 2025 Docusign Envelope ID: 004E0C8B-6947-4361-B9D1-D710CBFFC6A5 C-1 INSTRUCTIONS TO BIDDERS A.PROPOSALS Proposals under these specifications shall be submitted through Planet Bids on the blank forms furnished as part of the contract documents. When presented, all forms must be completely made out in the manner and form indicated and must also meet the following requirements: 1.The proposal must be properly signed by the bidder, whose address, telephone number, and California Contractor's license number must be shown. Electronic signatures are acceptable on all forms except for the Bidder’s Bond. 2.The Contractor shall perform with his own organization and with workmen under his immediate supervision, work of a value not less than 50% of the total value of all work embraced in the contract, except that any designated “Specialty Items” may be performed by subcontract and the amount of any such “Specialty Items” so performed may be deducted from the Contract Price before computing the amount required to be performed by the Contractor with its own organization. “Specialty Items” will be identified by the Agency in the Bid or Proposal. Where an entire item is subcontracted, the value of work subcontracted will be based on the Contract Unit Price. When a portion of an item is subcontracted, the value of work subcontracted will be based on the estimated percentage of the Contract Unit Price. This will be determined from information submitted by the Contractor, and subject to approval by the Engineer. With the proposal, the Contractor shall list (a) the name, address, and the CaliforniaContractor License Number of each subcontractor who will perform work included in thecontract, and (b) the portion of work which will be done by each subcontractor. Allsubcontractors performing work in excess of 1/2% of the total value of the contract or, inthe case of bids or offers for the construction of streets or highways, including bridges, inexcess of 1/2% of the total value of the contract or ten thousand dollars ($10,000.00)whichever is greater, shall be listed. The successful bidder shall be prohibited fromperforming work on this project with a subcontractor who is ineligible to perform work onthe project pursuant to Section 1777.1 or 1777.7 of the Labor Code. 3.The correction of any discrepancies in or omission from the drawings, specifications or other contract documents or any interpretation thereof during the bidding period will be made only by written addendum. See Item E, Addendum, for further information and instructions. 4.Bids shall not contain any recapitulation, inserted by the Bidder, of work to be done. Alternative proposals will not be considered unless specifically requested. No oral or telephone modifications will be considered. 5.Each bid shall be valid for no less than sixty (60) days after the opening of the proposals. 6.No mention shall be made in the proposal of Sales Tax, Use Tax, or any other tax, as all amounts bid will be deemed and held to include any such taxes which may be applicable. Docusign Envelope ID: 004E0C8B-6947-4361-B9D1-D710CBFFC6A5 C-2 BID BOND Bid must be accompanied by cash, cashier's check, certified check, or surety bond in an amount not less than 10% of the total amount of bid. Checks and bond shall be made payable to the City of Rancho Cucamonga. The bid security must be submitted in original hard copy directly to the City Clerk’s office at 10500 Civic Center Drive, Rancho Cucamonga, California Attn: City Clerk’s Office prior to specified time and date for the Bid opening. BID SCHEDULE The Bid Schedule is available on Planet Bids through the “Line Items” tab. Bidders must insert and submit their Bid prices directly through Planet Bids by selecting “Place eBid” under the “Line Items” tab. The Bid Schedule will be incorporated into the Contract Documents. Failure to submit the Bid Schedule will render a bid nonresponsive. Bidders must provide pricing for every bid item. The costs of any Work shown or required in the Contract Documents, but not specifically identified as a Pay Item are to be included in related Pay Items and no additional compensation shall be due Contractor by virtue of Contractor’s compliance with the Contract Documents. Appendix 12 includes a list of items that shall be included in each Line Item. This list is provided as a basis for reference only, and the City does not, expressly or by implication, agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any portion of the work, or to omit any portion of the work, as may be deemed advisable or necessary by the Designer or Engineer. It is the Bidder’s responsibility to confirm that all necessary items to construct the improvements are accounted for within each line item. COMPLETION OF BID FORMS Bids shall only be prepared using copies of the Bid Forms which are included in the Contract Documents posted on Planet Bids. The use of substitute Bid Forms other than clear and correct photocopies of those provided by the City will not be permitted. Bids shall be executed by an authorized signatory as described in these Instructions to Bidders. Electronic signatures are acceptable on all forms except for the Bidder’s Bond. In addition, Bidders shall fill in all blank spaces (including inserting “N/A” where applicable), and initial all interlineations, alterations, or erasures to the Bid Forms. Bidders shall neither delete, modify, nor supplement the printed matter on the Bid Forms nor make substitutions thereon. USE OF BLACK OR BLUE INK, INDELIBLE PENCIL, OR A TYPEWRITER IS REQUIRED. Deviations in the Bid Forms may result in the Bid being deemed non-responsive. The following listed documents includes all bid forms that are required to be submitted for the Bidder to be considered responsive. These forms are identified in the lower right corner as “Bid Forms” and shall be fully executed and submitted at the time of opening of Bids. All forms can be submitted electronically through Planet Bids directly with the exception of the Bid Bond as discussed above. Details for submitting the Bid Schedule via Planet Bids are discussed above. •Bid Schedule – Line Item Pricing (Through Planet Bids) •Bidder Agreement •Bidder Information •Subcontractor Information Docusign Envelope ID: 004E0C8B-6947-4361-B9D1-D710CBFFC6A5 C-3 •Declaration of Eligibility to Contract •Certificate of Non-Discrimination by Contractors •Non-Collusion Declaration •Bid Bond (Original hard copy directly to the City Clerk’s office as discussed above) •Signed Addendum Forms (If Necessary) – Submitted as one combined PDF Failure of a Bidder to fully execute and submit all of the listed documents with the Bid will render a Bid as non-responsive and subject to rejection. SIGNATURE OF CONTRACTOR Corporation The signature must contain the name of the corporation, must be signed by the President, Secretary, or Assistant Secretary. Other persons may sign for the corporation in lieu of the above; however, a Certified copy (including the original corporate seal) of a resolution of the corporate board of directors so authorizing them to do so must also be provided to the City Clerk's office as part of the Bidder’s response. Partnership The names of all persons comprising the partnership or copartnership must be stated. The bid must be signed by all partners comprising the partnership unless proof in the form of a certified copy of a certificate of partnership acknowledging the signer to be a general partner authorized to sign the contract on behalf of the partnership is presented to the City Clerk, in which case the general partner may sign. Joint Venture Bids submitted as a joint venture must so state and be signed by each joint venture. Individual Bids submitted by an individual must be signed by the bidder, unless a general power of attorney, not more than 60 days old, must be provided as part of the Bidder’s response to the City Clerk's office, in which case the attorney in fact may sign for the individual. The above rules also apply in the case of the use of a fictitious business name. In addition, where a fictitious name is used, it must be so indicated in the signature. B.DELIVERY OF PROPOSAL Bids shall be submitted electronically through the Planet Bids as individual attachments. No other method of submitting Bids will be accepted. Bidders may not submit Bids by fax, email, telephone, mail, or other means; any Bids received through any means other than Planet Bids will be returned unopened. Docusign Envelope ID: 004E0C8B-6947-4361-B9D1-D710CBFFC6A5 C-4 It is the responsibility solely of Bidder to see that its Bid is properly submitted to Planet Bids in proper form and prior to the stated closing time. THE ELECTRONIC BID MANAGEMENT SYSTEM WILL NOT ACCEPT LATE BIDS. City will only consider Bids that have transmitted successfully and have been issued a confirmation number with a time stamp from Planet Bids indicating that the Bid was submitted successfully. Bidders shall be solely responsible for informing themselves with respect to the proper utilization of the online bid management system, for ensuring the capability of their computer system to upload the required documents, and for the stability of their internet service. Failure of the Bidder to successfully submit an electronic Bid shall be at the Bidder’s sole risk, and no relief will be given for late and/or improperly submitted Bids. Bidders experiencing any technical difficulties with the bid submission process may contact Planet Bids Support at (818) 992-1771. Neither the City nor Planet Bids make any guarantee as to the timely availability of assistance or assurance that any given problem will be resolved by the bid submission date and/or time. C.WITHDRAWAL OF PROPOSALS Any Bid may be withdrawn through Planet Bids, incurring no penalty, at any time prior to the scheduled closing time for receipt of bids. Requests to withdraw Bids shall be worded so as not to reveal the amount of the original Bid. Withdrawn Bids may be resubmitted until the time and day set for the receipt of bids, provided that resubmitted Bids are in conformance with the instructions herein. D.DISQUALIFICATION OF BIDDERS AND PROPOSALS The bidder's attention is directed to the "California Business and Professions Code," Section 7028.15, which requires the Contractor to indicate his or her State License Number on the bid, together with the expiration date, and be signed by the Contractor declaring, under penalty of perjury, that the information being provided is true and correct. "Any bid not containing this information, or a bid containing information which is subsequently proven false, shall be considered non-responsive and shall be rejected by the public agency." More than one proposal for the same work from any individual, firm partnership, corporation, or association under the same or different names will not be accepted; and reasonable grounds for believing that any bidder is interested in more than one proposal for the work will be cause for rejecting all proposals in which such bidder is interested. Proposals in which the prices are obviously unbalanced, and those which are incomplete or show any alteration of form or contain any additions or conditional or alternate bids that are not called for or otherwise permitted, may be rejected. A proposal on which the signature of the bidder has been omitted will be rejected. E.ADDENDUM The correction of any discrepancies in or omission from the drawings, specifications or other contract documents or any interpretation thereof during the bidding period will be made only by written addendum. A copy of each such addendum will be posted on Planet Bids, and it shall be the bidder’s responsibility to download all posted addenda and a signed copy of the addendum Docusign Envelope ID: 004E0C8B-6947-4361-B9D1-D710CBFFC6A5 C-5 shall be submitted as part of the bid documents through Planet Bids. Failure to do so may result in bid rejection. Said addendum shall be made part of the contract. Any other interpretation or explanation of such documents will not be considered binding. Please Note: Bidders are responsible for ensuring that they have received any and all Addenda. To this end, each Bidder should visit Planet Bids to verify that it has received all Addenda issued, if any, prior to the Bid opening. The Bidder shall indicate the Addenda received prior to bidding in the space provided in the Bid Form. Failure to indicate all Addenda may be sufficient cause for rejecting the Bid. F.EXAMINATION OF PLANS, SPECIFICATIONS, AND SITE OF WORK The plans and specifications to which the proposal forms refer are on file and open to inspection in the office of the City Engineer. Bidders must satisfy themselves by personal examination of the work site, plans, specifications, and other contract documents, and by any other means as they may believe necessary, as to the actual physical conditions, requirements and difficulties under which the work must be performed. No bidder shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature of amount of work necessary for the satisfactory completion of the job. Any errors, omissions, or discrepancies found in the plans, specifications, or other contract documents shall be called to the attention of the Resident Engineer and clarified prior to the submission of proposals. G.COMPETENCY OF BIDDER The bidder shall be licensed under the provisions of Chapter 9, Division 3, of the Business and Professions Code of the State of California to do the type of work contemplated in the contract and shall be skilled and regularly engaged in the general class or type of work called for under this contract. To assist in the determination of competency, the Contractor shall complete the attached "Bidder Information" form. H.AWARD AND EXECUTION OF CONTRACT Acceptance or Rejection The City of Rancho Cucamonga, reserves the right to reject any or all bids. The City reserves the right to waive inconsequential errors and/or irregularities. Award of Contract The lowest responsive bidder will be calculated per Section 20103.8 (a) of the Public Contract Code as the lowest bid price on the base contract without consideration of additive (or deductive) items. The award of a contract, if it be awarded, will be to the above lowest responsive bidder. No proposal will be considered from a Contractor who is not registered as a prospective bidder on the City’s Planet Bids website. The award, if made, will be made as expeditiously as possible after the opening of the proposals and in recognition of Section A.7. above. In no case will an award be made until all necessary investigations are made into the responsibility of the bidder to whom it is proposed to award the Docusign Envelope ID: 004E0C8B-6947-4361-B9D1-D710CBFFC6A5 C-6 contract. Contractor shall possess any and all contractor licenses, in form and class as required by any and all applicable laws with respect to any and all of the work to be performed under this contract; including, but not limited to, a Class "B" License (General Building Contractor) that authorize the contractor and subcontractors to perform the work contemplated under this bid package in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000, et. seq.) and rules and regulations adopted pursuant thereto at the time this contract is awarded. Bonds The Contractor shall furnish a good and sufficient surety bond issued by a surety company authorized to do business in the State of California in the sum equal to 100% of the total bid, conditioned for the Faithful Performance by the Contractor of all covenants, stipulations any agreements contained in said contract; an addition, the Contractor shall furnish a Labor and Materials Bond and a sum equal to 100% of the contract price, as required by the provisions of Section 9554 of the California Civil Code. Workers' Compensation Before commencing any work under the contract, the successful bidder must file with the Engineer a certificate by an insurance carrier authorized under the laws of the State to insure employers against liability for compensation under the "Worker's Compensation Insurance and Safety Act," stating that such bidder has taken out for the term for which the contract is to run, compensation insurance covering his full liability work or labor necessary to carry out the provisions of this contract, and an agreement to immediately notify said Engineer if said policy should lapse or be canceled. In the event that such policy should become inoperative at any time before the completion of the work, all work shall cease immediately until a new policy is obtained and any time so lost shall not entitle Contractor to any extension of time. Execution of Contract The Contract shall be signed by the successful bidder and returned together with the other required documents, within fifteen (15) days after the bidder has received notice that the contract has been awarded, unless extended by said City Council in writing. No proposal shall be considered binding upon the City until the execution of the contract. Failure to execute a contract and file acceptable documents as provided herein within fifteen (15) days from receipt of notice of award shall be just cause for the annulment of the award. In the event of failure to enter into such contract, the lowest bidder’s security (cash, cashier’s check, certified check, or bond) shall become the property of the City of Rancho Cucamonga. If the City of Rancho Cucamonga awards the contract to the next lowest bidder, the amount of the lowest bidder’s security shall be applied by the City of Rancho Cucamonga to the difference between the low bid and the second lowest bid, and the surplus, if any shall be returned to the lowest bidder. Docusign Envelope ID: 004E0C8B-6947-4361-B9D1-D710CBFFC6A5 C-7 Liquidated Damages and Working Days Attention is directed to the provisions of Section 6-9 of the Specifications. The Contractor shall pay to the City of Rancho Cucamonga the sum of $9,500 per day for each and every calendar day's delay in finishing the work in excess of 282 working days. I.RETURN OF PROPOSAL GUARANTEE The cash, check or bond of a bidder to whom the contract has been awarded will be returned to him after all of the acts, for the performance of which said security is required, have been fully performed. The cash, checks or bonds of the remaining qualified bidders will be returned when the bidder to whom the contract has been awarded has properly executed and returned all of the required Contract Documents. Cash, checks or bid bonds of other bidders will be returned when their proposals are rejected or in any event at the expiration of sixty (60) days from the date of award of contract. J.CITY BUSINESS LICENSE Municipal Ordinances requires the issuance of a City Business License as a condition precedent to being engaged as a Contractor within the City. K.EQUIVALENT MATERIALS Attention is directed to the provisions of Section 4-1.6 of the Standard Specifications for Public Works Construction. L.RELIEF OF BIDDERS Attention is directed to the provisions of Government Code Sections 14350 to 14355, inclusive, (State Contract Act) concerning relief of bidders and in particular to the requirement therein, that if the bidder claims a mistake was made in his bid, the bidder shall give the City written notice within five days after the opening of the bids of the alleged mistake, specifying in the notice in detail how the mistake occurred. Docusign Envelope ID: 004E0C8B-6947-4361-B9D1-D710CBFFC6A5 Docusign Envelope ID: 004E0C8B-6947-4361-B9D1-D710CBFFC6A5 Docusign Envelope ID: 004E0C8B-6947-4361-B9D1-D710CBFFC6A5 Docusign Envelope ID: 004E0C8B-6947-4361-B9D1-D710CBFFC6A5 May 13, 2025 ADDENDUM NO. 2 Westside Library Relocation Project To: All Plan Holders Pursuant to the Specifications, Instruction to Bidders, Section E, Addendums, holders of bid proposals, contracts and specifications and project plans of the above project are hereby directed to make the following corrections, additions, and/or deletions to any and all copies of plans and specifications in their possession. 1. The bidder’s attention is directed to Attachment 1. All bid responses shall be in accordance with the signed plan set including both addendum #1 and #2. 2. The bidder’s attention is directed to Instructions to Bidders, Page C-1, Section A, Item 2: Contractor is now required to provide no less than 35% self-performance, see attachment 3. 3. The bidder’s attention is directed to the Q&As: Question Answer 1 where is information on job? All project information is available on PlanetBids. 2 Can you tell me what the Engineer's Estimate is? The Engineer’s Estimate is $12,500,000. 3 Are there plans and specifications available for this project? Yes, both plans and Specifications are available on PlanetBids under the Documents tab. 4 Is there an engineer's estimate for this project? The Engineer’s Estimate is $12,500,000. 5 Are there any contractor prequalification's before the bid date and if so when is it due? No. 6 Would the City consider lowering the 50% self-perform requirement for this project to 20% or waiving this requirement? This large of a self-perform requirement is usually for projects that are mostly flat work. With this being a large building Languages has been updated to “The Contractor shall perform with his own organization and with workmen under his immediate supervision, work of a value not less than 35% of the total value of all work Docusign Envelope ID: 004E0C8B-6947-4361-B9D1-D710CBFFC6A5 renovation, it would disqualify a lot of highly qualified General Contractors from bidding. embraced in the contract…” see attachment 3 7 Please confirm that the bid time should be 2:00PM. The bid time is listed as 2:10AM in PlanetBids currently. The bid time is at 2:00pm on May 20th 8 Is there an estimate for this project? The Engineer’s Estimate is $12,500,000. 9 Keynote 14-11 of sheet AS1.1 calls for a vertical platform lift. This keynote is in conflict with keynote 12 of HS1.0, which states, "accessible lift by others". Please clarify whether the lift is to be within the Contractor's scope of work for this project. HS1.0 is a landscape sheet and refers to others as another design discipline. Lifts are included in scope as shown in architectural drawings. 10 Please advise where are Drainage Notes No. 1 Proposed modular wetland system and No. 3 Proposed 8" PVC storm drain line are on sheets C400 and C401 Grading and Drainage Plans. Drainage notes 1 and 3 are shown at the southeast corner of the parking lot on sheet C401. 11 The provided bid bond form states that it is for "HERITAGE PARK BRIDGE REPLACEMENT PROJECT". Could you please revise and provide us with a bid bond form for this project? The updated bid bond form has been posted on PlanetBids under the Documents tab. 12 The "Instructions to Bidders" section of the NIB states that there is a 50% self- performance requirement, with the amount of "Specialty Items" being deducted from the Contract Price before computing the amount required to be self-performed by the Contractor. The "Specialty Items" are to be identified by the Owner, but we could not locate this list anywhere. Please advise. Languages has been updated to “The Contractor shall perform with his own organization and with workmen under his immediate supervision, work of a value not less than 35% of the total value of all work embraced in the contract…” see attachment 3. No, there are no specialty items. 13 We don't see a line item for the new open air walkway canopy on the PB Line Items. The walkway canopy, per the Scope of Work on sheet G0.1 Cover Sheet of the plans, is an Add Alternate. Please advise where are we going to write our add alternate bid for this scope of work. Not an add alternate item. Canopy is included in scope, G0.1 updated. See attached. 14 Per project specification "The Contractor shall perform with his own organization and with workmen under his immediate supervision, work of a value not less than 50% of the total value of all work". Please Languages has been updated to “The Contractor shall perform with his own organization and with workmen under his immediate supervision, work of a value not less than 35% of the total value of all work Docusign Envelope ID: 004E0C8B-6947-4361-B9D1-D710CBFFC6A5 advise if the City will consider lowering the 50% self-perform requirement for GC to 30%. embraced in the contract…” see attachment 3 15 May we see a copy of the pre-bid meeting sign-in sheet? We are an electrical sub who would support your prime bidders. Thank you! Yes, see attachment. A list of prospective bidders can also be viewed on PlanetBids. 16 Are there any contractor prequalification's before the bid date and if so when is it due? No 17 Sheet A1.2, Keynote FP-4 states that Contractor needs to coordinate with the high-density file storage system vendor. Please clarify who will be executing the transportation, reassembly, and installation of the existing storage system: the vendor or the contractor? Thank you, The Vendor will be executing the relocation, reassembly, and installation of the existing storage system. 18 The new concrete slab on grade footprints on A1.1 Slab Plans are different from those on S2.1 A East Library Foundation and S2.2A West Library Foundation. Please advise which plan/s should we follow for our building concrete as well as saw cutting and removal scopes of work. Follow A1.1 Slab Plans 19 Is there a Prequalification for this project? No 20 Please provide Detail 4/S3.1 Foundation Details. This call out is found on sheet S2.2A West Library Foundation; however, when you go to sheet S3.1, there no such detail number to be found. The detail reference should be 3/S3.1 rather than 4/S3.1. 21 The Bid Bond Form has a different project on it, can you correct it or would you like us to supply one from the bond company? The updated bid bond form has been posted on PlanetBids under the Documents tab. 22 Please provide the specification and information for Div28 Video Surveillance. There is a general note on E2.4A and E2.4B "CCTV Camera Installation" indicating that locations, mounting, models, etc needs to be coordinated with the Police Dept (RCPD). General Notes E0.2 and Architectural Spec Section 271001 -Telecommunications 271001, 1.1.A indicate that the work in scope for cameras includes, but not limited to, URXJKLQfurnishing and installation of CCTV systems. Docusign Envelope ID: 004E0C8B-6947-4361-B9D1-D710CBFFC6A5 Note that there is a conflict of camera models between the plans E0.2 (Samsung Hanwah) and specs (Bosch). Samsung Hanwah Series, or approved equivalent, is acceptable. 23 For DIV 281300 is Genetec required, or we can bid as equal product? Equivalent product is acceptable as long as it meets the project specifications and is compatible with the Police Department system. 24 Can the sub address and percentage of bid be submitted within 24 hours? All required documents shall be submitted on PlanetBids prior to the closing of the bid. 25 Can the self-perform requirements be lowered or waived? Languages has been updated to “The Contractor shall perform with his own organization and with workmen under his immediate supervision, work of a value not less than 35% of the total value of all work embraced in the contract…” see attachment 3 26 On sheet A4.4 PLS5 plaster finish is called out on the rendering elevations for the concrete site walls at 1 spot and not called out anywhere else or gives a typical note call out. Please confirm that the PLS5 plaster finish is to be installed over the concrete site walls/ planters similar to the rendering, and if so please provide floor plan or elevations for their exact locations. Please advise. New site walls are to receive new board form finishes as indicated on HS1.0 keynote 15 and 4/HS2.1. Where existing site walls are remaining, provide PLS-05 to blend with new board formed site walls. 27 I am currently reviewing the plans and specifications for the roofing project. I noticed a discrepancy between the plans, which mention a singly system installation, and Division 7 of the specifications, which indicates a rubberized asphalt system. Could you please clarify which roof system will be used for this project? This clarification will help ensure we proceed with the correct materials and installation methods. On sheet A1.3, keynotes 7-55 and 7-56 indicate which roofing systems are to be provided on which building as both are different types of systems. 28 Is the bidder agreement due at the time of bid? Correct, it shall be submitted on PlanetBids prior to the closing of the bid. Electronic signatures by the President and Secretary or Assistant Secretary are acceptable on all forms except for the Bidder’s Bond. The Docusign Envelope ID: 004E0C8B-6947-4361-B9D1-D710CBFFC6A5 Docusign Envelope ID: 004E0C8B-6947-4361-B9D1-D710CBFFC6A5 UNIT BID NO QTY UNIT DESCRIPTION COST AMOUNT 1 1 LS West Building $4,000,000.00 $4,000,000.00 2 1 LS East Building $4,500,000.00 $4,500,000.00 3 1 LS Site Improvements $3,000,000.00 $3,000,000.00 TOTAL BASE BID AMOUNT:$11,500,000.00 ACC CONTRACTORS, INC. BASE BID BID SUMMARY: BID DATE: _____05/20/2025______ WESTSIDE LIBRARY EXPANSION PROJECT Docusign Envelope ID: 004E0C8B-6947-4361-B9D1-D710CBFFC6A5 Docusign Envelope ID: 004E0C8B-6947-4361-B9D1-D710CBFFC6A5 Docusign Envelope ID: 004E0C8B-6947-4361-B9D1-D710CBFFC6A5 Docusign Envelope ID: 004E0C8B-6947-4361-B9D1-D710CBFFC6A5 Docusign Envelope ID: 004E0C8B-6947-4361-B9D1-D710CBFFC6A5 Docusign Envelope ID: 004E0C8B-6947-4361-B9D1-D710CBFFC6A5 Docusign Envelope ID: 004E0C8B-6947-4361-B9D1-D710CBFFC6A5 Docusign Envelope ID: 004E0C8B-6947-4361-B9D1-D710CBFFC6A5 Docusign Envelope ID: 004E0C8B-6947-4361-B9D1-D710CBFFC6A5 Docusign Envelope ID: 004E0C8B-6947-4361-B9D1-D710CBFFC6A5 Docusign Envelope ID: 004E0C8B-6947-4361-B9D1-D710CBFFC6A5 Docusign Envelope ID: 004E0C8B-6947-4361-B9D1-D710CBFFC6A5 C-8 C O N T R A C T AGREEMENT KNOW ALL MEN BY THESE PRESENT: That the following agreement is made and entered into, in triplicate, as of the date executed by the City Clerk and the Mayor, by and between ACC Contractors, Inc., hereinafter referred to as the "CONTRACTOR" and the City of Rancho Cucamonga, California, hereinafter referred to as "CITY." WHEREAS, pursuant to the Notice Inviting Sealed Bids or Proposals, bids were received, publicly opened, and declared on the date specified in said notice; and WHEREAS, City did accept the bid of Contractor; and WHEREAS, City has authorized the City Clerk and Mayor to enter into a written contract with Contractor for furnishing labor, equipment, and material for the construction of "WESTSIDE LIBRARY EXPANSION." NOW THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1.GENERAL SCOPE OF WORK: Contractor shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the "WESTSIDE LIBRARY EXPANSION." Said work to be performed in accordance with specifications and standards on file in the office of the City Engineer and in accordance with bid prices hereinafter mentioned and in accordance with the instruction of the City Engineer. 2.INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The aforesaid specifications are incorporated herein by reference thereto and made a part hereof with like force and effect as if all of said documents were set forth in full herein. Said documents, the Resolution Inviting Bids attached hereto, together with this written agreement, shall constitute the entire contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the Contractor whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. 3.TERMS OF CONTRACT: The undersigned bidder agrees to execute the contract within fifteen (15) days from the date of notice of award of the contract or upon notice by City after the fifteen (15) days, and to complete his portion of the work within 282 working days from the date specified in the Notice to Proceed. The bidder agrees further to the assessment of liquidated damages in the amount of $9,500 for each calendar day the work remains incomplete beyond the expiration of the completion date. City may deduct the amount thereof from any monies due or that may become due the Contractor under this contract. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 4.INSURANCE: The Contractor shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the Contractor allow any subcontractor to commence work on his subcontract Docusign Envelope ID: 004E0C8B-6947-4361-B9D1-D710CBFFC6A5 C-9 until all insurance required of the subcontractor has been obtained. The Contractor shall take out and maintain at all time during the life of this contract the following policies of insurance: a.Workers Compensation Insurance: Before beginning work, the Contractor shall furnishto the Engineer a certificate of insurance as proof that he has taken out fullcompensation insurance for all persons whom he may employ directly or throughsubcontractors in carrying out the work specified herein, in accordance with the laws ofthe State of California. Such insurance shall be maintained in full force and effect duringthe period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, everycontractor shall secure the payment of compensation to his employees. Contractor,prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require everyemployer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with suchprovisions before commencing the performance of the work of this contract." b.For all operations of the Contractor or any subcontractor in performing the workprovided for herein, insurance with the following minimum limits and coverage: (1)General Liability - Bodily Injury (not auto) $2,000,000 each person; $2,000,000 each accident. (2)General Liability - Property Damage (not auto) $1,000,000 each accident; $2,000,000 aggregate. (3)Contractor's Protective - Bodily Injury $1,000,000 each person; $2,000,000 each accident. (4)Contractor's Protective - Property Damage $1,000,000 each accident; $2,000,000 aggregate. (5) Automobile - Bodily Injury $2,000,000 each person; $3,000,000 each accident. (6) Automobile - Property Damage $2,000,000 each accident. c.Each such policy of insurance provided for in paragraph "b." shall: (1)Be issued by an insurance company approved in writing by City, which is qualified to do business in the State of California. The insurance company shall have a policy holder rating of A or higher and a Financial Class VII or higher established by A.M. Best Company Rating Guide; (2)Name as additional insured the City, its elected officials, officers, agents andemployees, and any other parties specified in the bid documents to be soincluded; (3)Specify it acts as primary insurance and that no insurance held or owned by thedesignated additional insured shall be called upon to cover a loss under saidpolicy; (4)Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the Docusign Envelope ID: 004E0C8B-6947-4361-B9D1-D710CBFFC6A5 C-10 amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." (5)Otherwise be in form satisfactory to City. d.The policy of insurance provided for in subparagraph "a." shall contain an endorsementwhich: (1)Waives all right of subrogation against all persons and entities specified insubparagraph 4.c. (2) hereof to be listed as additional insured in the policy ofinsurance provided for in paragraph "b." by reason of any claim arising out of orconnected with the operations of Contractor or any subcontractor in performingthe work provided for herein; (2)Provides it shall not be canceled or altered without thirty (30) days' written noticethereof given to City by registered mail. e.The Contractor shall at the time of the execution of the contract present the originalpolicies of insurance required in paragraphs "a." and "b." hereof, or present a certificateof the insurance company, showing the issuance of such insurance, and the additionalinsured and other provisions required herein. 5.PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Rancho Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. Pursuant to provisions of Labor Code Section 1775, the Contractor shall forfeit, as penalty to City, not more than two hundred dollars ($200.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof if such laborer, workman, or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. 6.APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code as amended by Chapter 971, Statutes of 1939, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in Section 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Docusign Envelope ID: 004E0C8B-6947-4361-B9D1-D710CBFFC6A5 C-11 Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: a.When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate, or b.When the number of apprentices in training in the area exceeds a ratio of one to five, or c.When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or d.When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticable trade on such contracts and if other contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. 7.LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3, of the Labor Code of the State of California as amended. The Contractor or Subcontractor shall forfeit, as a penalty to the City of Rancho Cucamonga, twenty-five dollars ($25.00) for each worker employed in the execution of the contract by the respective contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of this article. 8.TRAVEL AND SUBSISTENCE PAY: Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.1. Docusign Envelope ID: 004E0C8B-6947-4361-B9D1-D710CBFFC6A5 C-12 9.CONTRACTOR'S LIABILITY: The City of Rancho Cucamonga and its elected officials, officers, agents and employees shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen, employees of the Contractor or his subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The Contractor shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever, except the sole negligence or willful misconduct of the City, its employees, servants, or independent contractors who are directly responsible to City during the progress of the work or at any time before its completion and final acceptance. The Contractor will indemnify City against and will hold and save City harmless from any and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the Contractor, his agents, employees, subcontractors, or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City, but excluding such actions, claims, damages to persons or property, penalties, obligations, or liabilities arising from the sole negligence or willful misconduct of City, its employees, servants, or independent contractors who are directly responsible to City, and in connection therewith: a.The Contractor will defend any action or actions filed in connection with any of saidclaims, damages, penalties, obligations, or liabilities and will pay all costs andexpenses, including attorneys' fees incurred in connection therewith. b.The Contractor will promptly pay any judgment or award rendered against theContractor or City covering such claims, damages, penalties, obligations, and liabilitiesarising out of or in connection with such work, operations, or activities of the Contractorhereunder or reasonable settlement in lieu of judgment or award, and the Contractoragrees to save and hold the City harmless therefrom. c.In the event City is made a party to any action or proceeding filed or prosecuted againstthe Contractor for damages or other claims arising out of or in connection with theproject, operation, or activities of the Contractor hereunder, the Contractor agrees topay to City any and all costs and expenses incurred by City in such action or proceedingtogether with reasonable attorneys' fees. So much of the money due to the Contractor under and by virtue of the contract as shallbe considered necessary by City may be retained by City until disposition has beenmade of such actions or claims for damage as aforesaid. 10.NON-DISCRIMINATION: No discrimination shall be made in the employment of persons upon public works because of age, disability, race, color, religion, sex, sexual orientation or national origin of such persons, and every contractor for public works violating this section is subject to all the penalties imposed for a violation of Division 2, Part 7, Chapter 1 of the Labor Code in accordance with the provisions of Section 1735 of said Code. Docusign Envelope ID: 004E0C8B-6947-4361-B9D1-D710CBFFC6A5 C-13 11.CONTRACT PRICE AND PAYMENT: City shall pay to the Contractor for furnishing the material and doing the prescribed work per the unit prices set forth in accordance with Contractor's Proposal. IN WITNESS WHEREOF, the parties hereto have caused these present to be duly executed with all the formalities required by law on the respective dates set forth opposite their signatures. State of California Contractor's License #: 468940 Date By: Signature Print Name &Title By: Signature Print Name &Title CITY OF RANCHO CUCAMONGA, CALIFORNIA By:BY: L. Dennis Michael, Mayor Kim Sevy, City Clerk Date Contractor's Business Phone Number: 626-969-9797 . Emergency Name and Phone Number at which Contractor can be reached at any time: Jorge Polanco 626-633-2913____________________________ ACC Contractors, Inc. 737 W. 9th Street, Azusa, CA 91702 Docusign Envelope ID: 004E0C8B-6947-4361-B9D1-D710CBFFC6A5 6/6/2025 | 8:53 AM PDT V.PRESIDENTAFAF AJAMIAN Setrak AjamianPRESIDENT 6/7/2025 | 11:15 AM PDT B-1 C O N T R A C T FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENT: THAT ACC Contractors, Inc. as Principal, and , as Surety, are held and firmly bound unto the City of Rancho Cucamonga, hereinafter called City, in the just and full amount of $11,500,000.00 (Written) (Figures) payment whereof we hereby bind ourselves, our heirs, executors administrators, successors and assigns, jointly and severally, firmly by these presents. Given under our hands and sealed with our seal this day of , 20 . The condition of the foregoing obligation is such that, WHEREAS, the above-named principal is about to enter into a contract with the City, whereby said principal agrees to construct "WESTSIDE LIBRARY EXPANSION" in accordance with the AGREEMENT dated , which said contract is hereby referred to and made a part hereof to the same extent as if the same were herein specifically set forth; NOW, THEREFORE, if the said principal shall well and truly do and perform all things agreed by the principal in said contract to be done and performed, then this obligation is to be void; otherwise it will remain in full force and effect; PROVIDED, that for value received the undersigned stipulate and agree that no amendment, change, extension of time, alteration or addition to said contract, or agreement, or of any feature or item or items of performance required therein or thereunder shall in any manner affect the obligations of the undersigned under this bond; and the surety does hereby waive notice of such amendment, limitation of time for bringing action on this bond by the City, change, extension of time, alteration or addition to said contract or agreement and of any feature or time of performance required therein or thereunder. WITNESS our hands this day of , 20 . By: Title: Surety: By: Individual Partnership Corporation Other, explain SIGNATURES OF CONTRACTOR MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC. PLEASE ATTACH APPROPRIATE ACKNOWLEDGMENT FORMS (INDIVIDUAL, PARTNERSHIP, CORPORATION, ETC.). Eleven million five hundred thousand and 00/100 Docusign Envelope ID: 004E0C8B-6947-4361-B9D1-D710CBFFC6A5 B-2 Bond No.: PAYMENT BOND (Labor and Materials) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the CITY OF RANCHO CUCAMONGA (name of City) (“City”) has awarded to (Name and address of Contractor) (“Principal”), a contract (the “Contract”) for the work described as follows: “WESTSIDE LIBRARY EXPANSION” WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law. NOW THEREFORE, we, the undersigned Principal, and (Name and address of Surety) (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto City in the penal sum of ($ ), this amount being not less than one hundred percent (100%) of the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 9100 of the California Civil Code, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to work or labor performed under the Contract, the Surety will pay for the same in an amount not exceeding the penal sum specified in this bond; otherwise, this obligation shall become null and void. ACC Contractors, Inc. 737 W. 9th Street, Azusa, CA 91702 Docusign Envelope ID: 004E0C8B-6947-4361-B9D1-D710CBFFC6A5 B-3 Payment Bond (continued) This bond shall insure to the benefit of any of the persons named in Section 9100 of the California Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon the bond. In case the suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys’ fees in an amount fixed by the court. FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Date: “Principal” “Surety” By: By: Its Its By: By: Its Its (Seal) (Seal) Note: This bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. Docusign Envelope ID: 004E0C8B-6947-4361-B9D1-D710CBFFC6A5 INS-1 C O N T R A C T WORKER'S COMPENSATION INSURANCE CERTIFICATE The Contractor shall execute the following form as required by the California Labor Code, Sections 1860 and 1861: I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date (Contractor) By: (Signature) (Title) Attest: By: (Signature) (Title) Docusign Envelope ID: 004E0C8B-6947-4361-B9D1-D710CBFFC6A5 6/6/2025 | 8:53 AM PDT V.PRESIDENT AFAF AJAMIAN PRESIDENT MB-1 MAINTENANCE GUARANTEE BOND FOR “WESTSIDE LIBRARY EXPANSION” WHEREAS, the City Council of the City of Rancho Cucamonga, State of California, and (hereinafter designated as “Contractor”) have entered into an agreement, Contract # , whereby Contractor agrees to install and complete certain designated public improvements, which said agreement, dated , 20 , and identified as project located is hereby referred to and made a part hereof; and WHEREAS, said Contractor is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement, guaranteeing all improvements free of all defects for a period of one (1) year after acceptance of by the City. NOW, THEREFORE, we the Contractor and as surety, are held and firmly bound unto the City of Rancho Cucamonga (hereinafter called “City”), in the penal sum of Dollars ($ ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bonded Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein specified, and in all respects according to their true intent and meaning, and shall indemnify and same harmless City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreements or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Contractor and surety above named on , 20 . CONTRACTOR SURETY Name Name Address Address By: By: PLEASE ATTACH POWER OF ATTORNEY TO ALL BONDS SIGNATURES MUST BE NOTARIZED Docusign Envelope ID: 004E0C8B-6947-4361-B9D1-D710CBFFC6A5 Last Revised: 6/5/2025 Page 1 of 1 AMENDMENT NO. 001 to Professional Services Agreement Between ACC Contractors, Inc. DBA: ACC Contractors, Inc. (hereinafter “Independent Contractor”) and City of Rancho Cucamonga (hereinafter the “City”) This Addendum No. 001 will serve to amend the Professional Services Agreement (hereinafter “Agreement”), to incorporate the following: Section 4 (b) Insurance shall be amended to include the following: MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 7. Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions. Contractor shall procure and maintain for the duration of the contract, and for 2 years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors. All other Terms and Conditions of the original Agreement will remain in full effect. IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Addendum by way of signature by both parties and on the date indicated below. Please return signed copies to the City no later than June 18, 2025. The City will process copies for signature and provide ACC Contractors, Inc. with one (1) fully executed copy of the Addendum. ACC Contractors, Inc. City of Rancho Cucamonga DBA: ACC Contractors, Inc. By: ___________________________ By: __________________________ Name Date Name Date ___________________________ __________________________ Title Title By: ___________________________ By: __________________________ Name Date Name Date __________________________ __________________________ Title Title (two signatures required if corporation) Approval _____Buyer II Purchasing _____ Alternate, Risk Management Coordinator Docusign Envelope ID: 004E0C8B-6947-4361-B9D1-D710CBFFC6A5 6/6/2025 | 8:53 AM PDT V.PRESIDENT PRESIDENT 6/6/2025 | 8:56 AM PDT Mayor/President 6/7/2025 | 11:15 AM PDT Certificate Of Completion Envelope Id: 004E0C8B-6947-4361-B9D1-D710CBFFC6A5 Status: Completed Subject: Complete with Docusign: Construction Contract - Westside Library Expansion Project - ACC Contra... Source Envelope: Document Pages: 50 Signatures: 9 Envelope Originator: Certificate Pages: 6 Initials: 0 Cara Vera AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) cara.vera@cityofrc.us IP Address: 199.201.174.250 Record Tracking Status: Original 6/5/2025 1:13:39 PM Holder: Cara Vera cara.vera@cityofrc.us Location: DocuSign Signer Events Signature Timestamp AFAF AJAMIAN eileen@acccontractors.com V.PRESIDENT Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 2600:6c88:d540:5c:7588:33de:39a7:5237 Sent: 6/5/2025 2:33:54 PM Resent: 6/5/2025 2:49:49 PM Resent: 6/5/2025 2:51:41 PM Viewed: 6/5/2025 2:56:26 PM Signed: 6/6/2025 8:53:53 AM Electronic Record and Signature Disclosure: Accepted: 6/5/2025 2:36:34 PM ID: 44a642e4-c00a-4d7c-bce6-bc59c7a1ddcc Setrak Ajamian set@acccontractors.com PRESIDENT Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 2600:6c88:d540:5c:7588:33de:39a7:5237 Sent: 6/6/2025 8:53:55 AM Viewed: 6/6/2025 8:55:37 AM Signed: 6/6/2025 8:56:31 AM Electronic Record and Signature Disclosure: Accepted: 6/6/2025 8:55:37 AM ID: e5acd697-160c-4170-a683-57c104594669 L. Dennis Michael Dennis.Michael@cityofrc.us Mayor/President City of Rancho Cucamonga Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 172.116.88.134 Signed using mobile Sent: 6/7/2025 11:07:16 AM Viewed: 6/7/2025 11:14:29 AM Signed: 6/7/2025 11:15:06 AM Electronic Record and Signature Disclosure: Not Offered via Docusign Kim Sevy kim.sevy@cityofrc.us Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 47.153.241.7 Signed using mobile Sent: 6/7/2025 11:15:08 AM Resent: 6/9/2025 4:23:58 PM Resent: 6/9/2025 4:31:03 PM Viewed: 6/9/2025 4:40:24 PM Signed: 6/9/2025 4:40:45 PM Electronic Record and Signature Disclosure: Accepted: 6/9/2025 4:40:24 PM ID: bea8f7f7-4d38-4e2c-b7f4-d9bf0848883a In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Cara Vera cara.vera@cityofrc.us Library Services Manager City of Rancho Cucamonga Security Level: Email, Account Authentication (None) Using IP Address: 47.146.44.110 Sent: 6/6/2025 8:56:33 AM Viewed: 6/7/2025 11:07:16 AM Electronic Record and Signature Disclosure: Not Offered via Docusign CityClerk Services Department ClerkContracts@cityofrc.us City Clerk City of Rancho Cucamonga Security Level: Email, Account Authentication (None) Using IP Address: 199.201.174.250 Sent: 6/9/2025 4:40:47 PM Viewed: 6/9/2025 4:41:16 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Carbon Copy Events Status Timestamp Jennifer Palacios jennifer.palacios@cityofrc.us Executive Assistant II Rancho Cucamonga Public Library Security Level: Email, Account Authentication (None) Sent: 6/9/2025 4:40:47 PM Viewed: 6/9/2025 4:46:06 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Krystal Lai krystal.lai@cityofrc.us Security Level: Email, Account Authentication (None) Sent: 6/9/2025 4:40:47 PM Electronic Record and Signature Disclosure: Accepted: 10/30/2023 8:04:32 AM ID: cf418213-ff4d-42bf-8aad-1b1ef80743be Wess Garcia wess.garcia@cityofrc.us Library Director City of Rancho Cucamonga Security Level: Email, Account Authentication (None) Sent: 6/9/2025 4:41:16 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 6/5/2025 2:33:54 PM Envelope Summary Events Status Timestamps Envelope Updated Security Checked 6/5/2025 2:49:48 PM Envelope Updated Security Checked 6/5/2025 2:49:48 PM Certified Delivered Security Checked 6/9/2025 4:41:16 PM Signing Complete Security Checked 6/9/2025 4:40:45 PM Completed Security Checked 6/9/2025 4:41:16 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Rancho Cucamonga City Clerk's Office (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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