ECC Ceramics Renovation and Addition.pdf

Table of Contents [I] San Diego Community College District

SAN DIEGO COMMUNITY COLLEGE DISTRICT

SAN DIEGO EDUCATIONAL CULTURAL COMPLEX

CERAMICS RENOVATION AND ADDITION

BID MANUAL

BID/PROJECT # HH26270515

Table of Contents [I] San Diego Community College District

TABLE OF CONTENTS PAGE NO.

NOTICE INVITING BIDS

INSTRUCTIONS TO BIDDERS

REFERENCE DOCUMENTS & EXISTING INFORMATION CONCERNING PROJECT

BID FORM

CONTRACTOR’S CERTIFICATE REGARDING WORKERS’ COMPENSATION

SMALL/HISTORICALLY UNDERUTILIZED BUSINESS ENTERPRISE (S/HUBE) PARTICIPATION

IRAN CONTRACTING ACT CERTIFICATION

PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION

BID BOND

DESIGNATION OF SUBCONTRACTORS

INFORMATION REQUIRED OF BIDDERS

ASBESTOS-FREE MATERIALS CERTIFICATION

RECYCLED CONTENT CERTIFICATION

DRUG-FREE WORKPLACE CERTIFICATION

NON-COLLUSION DECLARATION

CONTRACT

GENERAL CONDITIONS

SPECIAL CONDITIONS

COMMUNITY BENEFITS AGREEMENT

SUPPLEMENTARY CONDITIONS

SDCCD SITE ACCESS CLEARANCE CHECK CONSTRUCTION REQUIREMENT

SAFETY AND PROFESSIONAL DEVELOPMENT

SDCCD’S CREW SUPPORT PROGRAM

TABLE OF TECHNICAL SPECIFICATIONS

TABLE OF DRAWINGS

BID EXHIBIT LIST

FORTHCOMING ADDENDA

Table of Contents [II] San Diego Community College District

DOCUMENTS THAT BIDDERS MUST SUBMIT AS PART OF THEIR BID

A. Bid Form

B. Public Works Contractor Registration Certification

C. Bid Bond (Notarized)

D. Designated Subcontractor List

E. Information Required of Bidders

F. Non-Collusion Declaration

G. Contractor’s Certificate Regarding Workers’ Compensation

CONTRACT REQUIRED DOCUMENTS (NOT REQUIRED AT TIME OF BID)

A. Iran Contracting Act Certificate

B. Asbestos-Free Materials Certification

C. Recycled Content Certification

D. Drug-Free Workplace Certification

E. Performance Bond (Notarized)

F. Labor and Materials Payment Bond (Notarized)

GENERAL INFORMATION

All firms interested in bidding as a General or Prime contractor for construction contracts valued at more than $1,000,000 for San Diego Community College District (SDCCD) projects must complete this Prequalification Application and receive District approval. Only prequalified applicants may submit bids for these projects. This Prequalification Application complies with Public Contract Code §20651.5, requiring prospective bidders to submit standardized questionnaires, financial statements, and other information to demonstrate qualifications for public works construction.

Contracts of $1,000,000 or more are subject Contract of the District’s Community Benefits Agreement:

(https://go.boarddocs.com/ca/sdccd/Board.nsf/files/DBVTR8789476/$file/Signed%20Community%20Ben efits%20Agreement%20(CBA)%20_PLA_SDCCD-1.pdf)

Bidders shall reference the prequalification requirements at the following link: Doing Business with SDCCD | San Diego Community College District

END OF PAGE

https://go.boarddocs.com/ca/sdccd/Board.nsf/files/DBVTR8789476/%24file/Signed%20Community%20Benefits%20Agreement%20(CBA)%20_PLA_SDCCD-1.pdf https://go.boarddocs.com/ca/sdccd/Board.nsf/files/DBVTR8789476/%24file/Signed%20Community%20Benefits%20Agreement%20(CBA)%20_PLA_SDCCD-1.pdf https://go.boarddocs.com/ca/sdccd/Board.nsf/files/DBVTR8789476/%24file/Signed%20Community%20Benefits%20Agreement%20(CBA)%20_PLA_SDCCD-1.pdf https://www.sdccd.edu/departments/operations/Doing-Business-with-SDCCD.aspx https://www.sdccd.edu/departments/operations/Doing-Business-with-SDCCD.aspx

Notice Inviting Bids [1] San Diego Community College District

NOTICE INVITING BIDS

NOTICE IS HEREBY GIVEN that the San Diego Community College District (“District”) invites and will receive sealed bids (“Bids”) from general contractors (“Contractor(s)” or “Bidder(s)”) for the furnishing to District of all labor, equipment, materials, tools, services, transportation, permits, utilities, and all other items necessary for the following project (“Project”):

EDUCATIONAL CULTURAL COMPLEX

Bids must be electronically received no later than 2:00 PM on Tuesday, Aug 18, 2026, (“Due Date”). Refer to Section 20 Submission of Electronic Bids. The District's electronic bidding system will not accept Bids submitted after the Due Date and time, and any late Bid will not be considered. Bids shall be valid for a period of 120 calendar days from the Due Date.

Unless otherwise provided in the Instructions for Bidders, each Bidder shall be a licensed “B” contractor pursuant to sections 7000 et seq. of the Business and Professions Code in the following classification(s) throughout the time it submits its Bid and for the duration of the contract: “B” Contractors License is Required.

Time for Completion The Contractor shall complete all Work required by the Contract Documents within Three Hundred Four (304) calendar days from the commencement date stated in the Notice to Proceed (“Contract Time”).

Bidders may obtain a copy of the Contract Documents from PlanetBids at the following link: https://vendors.planetbids.com/portal/57760/portal-home

To the extent required by section 20103.7 of the Public Contract Code, upon request from a contractor plan room service, the District shall provide an electronic copy of the Contract Documents at no charge to the contractor plan room.

Bids must be complete and responsive to all portions of the Contract Documents. Bids must be submitted on the District’s Bid Forms. Any addenda will be posted on PlanetBids, https://vendors.planetbids.com/portal/57760/portal-home . Bidders must check the Website on a daily basis through the Due Date for any applicable addenda or updates.

The District does not assume any liability or responsibility based on any defective or incomplete copying, excerpting, scanning, faxing, downloading or printing of the Bid Documents. Information on PlanetBids may change without notice to prospective bidders.

The Contract Documents shall supersede any information posted or transmitted by PlanetBids.

Each Bid shall be accompanied by cash, a certified or cashier’s check, or Bid Bond as bid security secured from a California admitted surety company the form provided by the District in the Contract Documents (“Bid Security”). The amount of the Bid Security shall be at least ten percent (10%) of Bidder’s Total Bid Price, made payable to the San Diego Community College District. The Bid Security shall be provided as a guarantee that within five (5) working days after the District provides the successful Bidder the Notice of Award, the successful Bidder will enter into a contract and provide the necessary bonds and certificates of insurance. The successful bidder will forfeit the Bid Security if the Bidder https://vendors.planetbids.com/portal/57760/portal-home https://vendors.planetbids.com/portal/57760/portal-home

Notice Inviting Bids [2] San Diego Community College District fails to comply. No interest will be paid on funds deposited with District.

Mandatory Pre-Bid Site Walk (Bidders must attend the pre-bid conferences for their bids to be considered responsive).

Mandatory Pre-Bid Site Walk Date: August 6, 2026, at 1:30 AM (Pacific Time)

Pre-Bid Conference Location: 4343 Ocean View Boulevard, San Diego, CA 92113

Job site location: 4343 Ocean View Boulevard, San Diego, CA 92113

RFI due date: Monday, Aug 10, 2026, at 2:00 PM.

Addendum issue date: Final Addendum Issued Wednesday, Aug 12, 2026 by 2:00PM local time.

Bid Due Date: August 17, 2026, at 10:00 AM. Submissions ONLY accepted via PlanetBids.

Anticipated Award: Thursday, September 10, 2026, at Board of Trustees Meeting.

At the Pre-Bid Conference, Representatives of the District and, if any, consulting engineers will be present. Questions asked by Bidders in-person at the conference will not be answered. All questions must be submitted via PlanetBids and will be answered by addenda. Bids will not be accepted from any bidder who did not attend the mandatory Pre- Bid Conference.

The successful Bidder will be required to furnish a Performance Bond and a Labor and Material Payment Bond, from a California admitted surety company and, on the forms, provided in the Contract Documents, each in an amount equal to one hundred percent (100%) of the Contract Price.

Contractor shall require all subcontractors providing labor and materials in excess of $25,000.00 to supply Payment and Performance Bonds in the amounts of the subcontract and in a manner required of the Contractor. The Contractor shall specify this requirement for subcontractor bonds in its written or published request for subcontractor bids in accordance with Public Contract Code section 4108.

Pursuant to Section 22300 of the Public Contract Code of the State of California, the successful Bidder may substitute certain securities for funds withheld by District to ensure its performance under the contract.

The successful Bidder and all Bidder’s Subcontractors must pay all workers on work performed pursuant to a contract for the Project 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 Department of Industrial Relations, State of California (“DIR”), for the type of work performed and the locality in which the work is to be performed, pursuant to sections 1770 et seq. of the Labor Code. 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 Director of the DIR, are on file at the District’s administrative office. Prevailing wage rates are available on the internet at (http://www.

http://www/

Notice Inviting Bids [3] San Diego Community College District dir.ca.gov).

Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No Bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. The Project is subject to compliance monitoring and enforcement by the DIR.

The successful Bidder must post job site notices, as prescribed by regulation. The successful Bidder must comply with all requirements of Labor Code section 1771.4, except the requirements that are exempted by the Labor Commissioner of California (“Labor Commissioner”) for the Project. All Bidders must comply with the registration and compliance monitoring provisions of Labor Code section 1771.4, including furnishing its certified payroll records to the Labor Commissioner and complying with enforcement by the DIR.

The California Air Resources Board (“CARB”) implemented amendments to the In-Use Off-Road Diesel Fueled Fleets Regulations (“Regulation”) which are effective on January 1, 2024, and apply broadly to all self-propelled off-road diesel vehicles 25 horsepower or greater and other forms of equipment used in California. A copy of the Regulation is available at https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2022/off-roaddiesel/appa-1.pdf. Bidders are required to comply with all CARB and Regulation requirements, including, without limitation, all applicable sections of the Regulation, as codified in Title 13 of the California Code of Regulations section 2449 et seq. throughout the duration of the Project. Bidders must provide, with their Bid, copies of Bidder’s and all listed subcontractors’ most recent, valid Certificate of Reported Compliance (“CRC”) issued by CARB. Failure to provide valid CRCs as required herein may render the Bid nonresponsive.

Substitution requests shall be made within 35 calendar days after the award of the contract. Pursuant to Public Contract Code section 3400(b), the District may make findings designating that certain additional materials, methods or services by specific brand or trade name other than those listed in the Standard Specifications be used for the Project.

Such findings, if any, as well as the materials, methods or services and their specific brand or trade names that must be used for the Project may be found in the Special Conditions.

District shall award the contract for the Project to the lowest responsive, responsible Bidder as determined by the District from the Total Bid Price ONLY. District reserves the right to reject any or all bids or to waive any irregularities or informalities in any bids or in the bidding process.

Any claim by Bidder that its Bid contains an error, or request for relief from its Bid, made after the time for opening of Bids, MUST be made in compliance with Public Contract Code section 5100 et seq. Upon written request, Bidder may withdraw its Bid prior to the time for opening of Bids without forfeiting its Bid Security. Upon written request, Bidder may withdraw its Bid prior to the time for opening of Bids without forfeiting its Bid Security.

Any request to withdraw a Bid must be executed by the Bidder or its duly authorized representative. Bidder’s withdrawal of its Bid does not prejudice the Bidder’s right to submit a new Bid before the time of Bid opening.

All communications with, or questions to, the District in any way concerning the Project, https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2022/off-roaddiesel/appa-1.pdf https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2022/off-roaddiesel/appa-1.pdf

Notice Inviting Bids [4] San Diego Community College District

Contract Documents, or Bid, must be in writing and submitted via PlanetBids, Questions must be received NO LATER THAN the RFI Due Date noted above.

END OF NOTICE INVITING BIDS

Instructions to Bidders [5] San Diego Community College District

INSTRUCTIONS TO BIDDERS

1. AVAILABILITY OF CONTRACT DOCUMENTS

Bids must be submitted to the District on the Bid Forms which are a part of the Bid Package for the Project. Prospective bidders may obtain one (1) complete set of Contract Documents at no cost. Contract Documents may be obtained from the District at the location(s) and at the time(s) indicated in the Notice Inviting Bids. Prospective bidders are encouraged to telephone in advance to determine the availability of Contract Documents. Any applicable charges for the Contract Documents are outlined in the Notice Inviting Bids.

The District may also make the Contract Documents available for review at one or more plan rooms, as indicated in the Notice Inviting Bids. Please Note: Prospective bidders who choose to review the Contract Documents at a plan room must contact the District to obtain the required Contract Documents if they decide to submit a bid for the Project.

2. EXAMINATION OBLIGATIONS

a. General Overview. The District has made copies of the Contract Documents available, as indicated above. Bidders shall be solely responsible for examining the Project Site and the Contract Documents, including any Addenda issued during the bidding period, and for informing themselves with respect to local labor availability, means of transportation, necessity for security, laws and codes, local permit requirements, wage scales, local tax structure, contractors’ licensing requirements, availability of required insurance, and other factors that could affect the Work. Bidders are responsible for consulting the standards referenced in the Contract. Failure of Bidder to so examine and inform itself shall be at its sole risk, and no relief for error or omission will be given except as required under State law.

b. Site Examination. Each prospective Bidder is responsible for fully acquainting itself with the conditions of the Project Site (which may include more than one site), as well as those relating to the construction and labor of the Project, to fully understand the facilities, difficulties and restrictions which may impact the cost or effort required to complete the Project. To this end, a Pre-Bid Conference and Site Walk will be held on the date(s) and time(s) indicated in the Notice Inviting Bids. Storm, surface, nuisance, or other waters may be encountered at various times during construction of the Project. Federal and State laws require the District and its contractors to appropriately manage such waters pursuant to the requirements of California State Water Resources Control Board Order Number 2009-0009-DWQ and any amendment or renewal thereof, other permits noted herein, the Federal Clean Water Act, and the California Porter Cologne Water Quality Control Act. By submitting a Bid, each bidder acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.

c. Bidder Diligence. Submission of a Bid signifies careful examination of the Contract Documents and a complete understanding of the nature, extent, and location of Work to be performed. Bidders must complete the tasks listed below as a condition to bidding, and submission of Bid shall constitute the Bidder's express representation to District that Bidder has fully completed the following:

Instructions to Bidders [6] San Diego Community College District

a. Bidder has visited the Project Site, if required, and has examined thoroughly and understood the nature and extent of the Contract Documents, Work, Project Site, locality, actual conditions, as-built conditions, and all local conditions and federal, state and local laws, and regulations that in any manner may affect cost, progress, performance, or furnishing of Work or that relate to any aspect of the means, methods, techniques, sequences, or procedures of construction to be employed by Bidder and safety precautions and programs incident thereto;

b. Bidder has conducted or obtained and has understood all examinations, investigations, explorations, tests, reports, and studies that pertain to the subsurface conditions, as-built conditions, underground facilities, and all other physical conditions at or contiguous to the Site or otherwise that may affect the cost, progress, performance, or furnishing of Work, as Bidder considers necessary for the performance or furnishing of Work at the Contract Price, within the Contract Time, and in accordance with the other terms and conditions of Contract Documents, including specifically the provisions of the General Conditions. Bidder has notified the District if it contends that it requires additional examinations, investigations, explorations, tests, reports, studies, or similar information or data prior to submitting its bid;

c. Bidder has correlated its knowledge and the results of all observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents;

d. Bidder has given the District prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it has discovered in or among the Contract Documents and the actual conditions, and the written resolution thereof by the District is acceptable to Bidder;

e. Bidder has made a complete disclosure in writing to the District of all facts bearing upon any possible interest, direct or indirect, that Bidder believes any representative of the District or other officer or employee of the District presently has or will have in this Contract or in the performance thereof or in any portion of the profits thereof;

f. Bidder must, prior to bidding, perform the work, investigations, research, and analysis required by the Instructions to Bidders and that Bidder represented in its Bid Form and the Agreement that it performed prior to bidding. Bidder is charged with all information and knowledge that a reasonable bidder would ascertain from having performed this required work, investigation, research, and analysis. Bid prices must include entire cost of all work “incidental” to completion of the Work.

g. Conditions Shown on the Contract Documents: Information as to underground conditions, as-built conditions, or other conditions or obstructions, indicated in the Contract Documents, e.g., on Drawings or in Specifications, has been obtained with reasonable care, and has been recorded in good faith. However, District only warrants, and Bidder may only rely, on the accuracy of limited types of information.

i. As to above-ground conditions or as-built conditions shown or indicated in the Contract Documents, there is no warranty, express or implied, or any

Instructions to Bidders [7] San Diego Community College District representation express or implied, that this information is correctly shown or indicated. This information is verifiable by independent investigation and Bidder is required to make that verification as a condition to bidding. In submitting its Bid, Bidder shall rely on the results of its own independent investigation. In submitting its Bid, Bidder shall not rely on District-supplied information regarding above-ground conditions or as-built conditions.

ii. As to any subsurface condition shown or indicated in the Contract

Documents, Bidder may rely only upon the general accuracy of actual reported depths, actual reported character of materials, actual reported soil types, actual reported water conditions, or actual obstructions shown or indicated. District is not responsible for the completeness of this information for bidding or construction; nor is District responsible in any way for any conclusions or opinions of Bidder drawn from that information; nor is District responsible for subsurface conditions that are not specifically shown if those subsurface conditions are reasonably determinable by above-ground conditions and observation or as-built conditions (e.g., subsurface soil conditions in areas contiguous to areas where an above-ground condition is shown; utility pipes between a manhole and a water source, etc.).

h. Conditions Shown in Reports and Drawings Supplied for Informational

Purposes: Reference is made to the document entitled Existing Information and Documentation Regarding Project Site, for identification of:

i. Subsurface Conditions: Those reports of explorations and tests of subsurface conditions at or contiguous to the Project Site that have been utilized by Architect in preparing the Contract Documents; and

ii. Physical Conditions: Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Project Site that has been utilized by Architect in preparing the Contract Documents.

iii. These reports and drawings are not Contract Documents and, except for any “technical” data regarding subsurface conditions specifically identified in the document titled “Reference Documents & Existing Information Concerning Project” and underground facilities data, Bidder may not in any manner rely on the information in these reports and drawings

3. QUESTIONS & INTERPRETATION OF CONTRACT DOCUMENTS

Discrepancies in, and/or omissions from the Plans, Specifications or other Contract Documents or questions as to their meaning shall be immediately brought to the attention of the District by submission of a written request for an interpretation or correction to the District.

Questions and requests for clarification regarding the Contract Documents must be made in writing to the project in PlanetBids and made no later than the date and time indicated in the Notice Inviting Bids. No other members of the District’s staff or Governing Board should be contacted about this project during the bidding process. Any and all inquiries and comments must be communicated in writing, unless otherwise instructed by the District. The District may, in its sole discretion, disqualify any Bidder who engages in any prohibited communications.

Instructions to Bidders [8] San Diego Community College District

Any interpretation of the Contract Documents will be made only by written addenda duly issued by the District. The District will not be responsible for any explanations or interpretations provided in any other manner. In the event that an addendum or bulletin setting forth material changes, additions, or deletions is issued by the Construction Manager and/ or the Architect when there is 72 hours or less to the bid deadline, the District will extend the bidding deadline by at least 72 hours. No person is authorized to make any oral interpretation of any provision in the Contract Documents to any bidder, and no bidder should rely on any such oral interpretation.

Bids shall include complete compensation for all items that are noted in the Contract Documents as the responsibility of the Contractor.

4. ADDENDA

The District reserves the right to revise the Contract Documents prior to the bid opening date.

Revisions, if any, shall be made by written Addenda. All addenda issued by the District shall be included in the bid and made part of the Contract Documents. Pursuant to Public Contract Code section 4104.5, if the District issues an Addendum which includes material changes to the Project less than 72 hours prior to the deadline for submission of bids, the District will extend the deadline for submission of bids. The District may determine, in its sole discretion, whether an Addendum warrants postponement of the bid submission date. Please Note: Bidders are responsible for ensuring that they have received any and all Addenda. Addenda will be issued through PlanetBids. If a Bidder fails to indicate that they have received all Addenda in the Bid Form, the District may determine that the Bid is nonresponsive.

5. ALTERNATE BIDS

If alternate bid items are called for in the Contract Documents, the lowest bid will be determined on the basis of the base bid only. However, the District may choose to award the Contract on the basis of the base bid alone or the base bid and any alternate or combination of alternates. The time required for completion of the alternate bid items has been factored into the Contract duration and no additional Contract time will be awarded for any of the alternate bid items. The District may elect to include one or more of the alternate bid items, or to otherwise remove certain work from the Project scope of work. Accordingly, each Bidder must ensure that each bid item contains a proportionate share of profit, overhead and other costs or expenses which will be incurred by the bidder.

6. COMPLETION OF BID FORMS

Bids shall only be prepared using copies of the Bid Forms which are included in the Contract Documents. The use of substitute bid forms other than clear and correct photocopies of those provided by the District will not be permitted. Bids shall be executed by an authorized signatory as described in these Instructions to Bidders. 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 form may result in the bid being deemed non-responsive.

Instructions to Bidders [9] San Diego Community College District

7. MODIFICATIONS OF BIDS

Each bidder shall submit its Bid in strict conformity with the requirements of the Contract Documents. Unauthorized additions, modifications, revisions, conditions, limitations, exclusions or provisions attached to a Bid may render it non-responsive and may cause its rejection. Bidders shall neither delete, modify, nor supplement the printed matter on the Bid Forms, nor make substitutions thereon. Oral, telephonic and electronic modifications will not be considered, unless the Notice Inviting Bids authorizes the submission of electronic bids and modifications thereto and such modifications are made in accordance with the Notice Inviting Bids.

8. DESIGNATION OF SUBCONTRACTORS

Pursuant to Public Contract Code section 4100, et seq., the Bidders must designate the name, address of the place of business, and contractor license number of each subcontractor who will perform work or render services for the Bidder in an amount that exceeds one-half of one percent (1/2%) of the Bidder’s Total Bid Price, as well as the portion of work each such subcontractor will perform on the form provided herein by the District. No additional time will be provided to bidders to submit any of the requested information in the Designation of Subcontractor form.

9. LICENSING REQUIREMENTS

Pursuant to Section 7028.15 of the Business and Professions Code and section 3300 of the Public Contract Code, all bidders must possess proper licenses for performance of this Contract.

Subcontractors must possess the appropriate licenses for each specialty subcontract. Pursuant to Section 7028.15 of the Business and Professions Code, the District shall consider any bid submitted by a contractor not currently licensed in accordance with state law and pursuant to the requirements found in the Contract Documents to be nonresponsive, and the District shall reject the Bid. The District shall have the right to request, and bidders shall provide within five (5) calendar days, evidence satisfactory to the District of all valid license(s) currently held by that bidder and each of the bidder’s subcontractors, before awarding the Contract.

Notwithstanding anything contained herein, if the Work involves federal funds, the Contractor shall be properly licensed by the time the Contract is awarded, pursuant to the provisions of Public Contract Code section 20103.5.

10. BID GUARANTEE (BOND)

Each bid shall be accompanied by: (a) cash; (b) a certified check made payable to the District;

(c) a cashier’s check made payable to the District; or (d) a bid bond payable to the District executed by the bidder as principal and surety as obligor in an amount not less than 10% of the maximum amount of the bid. Personal sureties and unregistered surety companies are unacceptable. The surety insurer shall be California admitted surety insurer, as defined in Code of Civil Procedure Section 995.120. The cash, check or bid bond shall be given as a guarantee that the bidder shall execute the Contract if it be awarded to the bidder, shall provide the payment and performance bonds and insurance certificates and endorsements as required herein within ten (10) calendar days after notification of the award of the Contract to the bidder. Failure to provide the required documents may result in forfeiture of the bidder’s bid deposit or bond to the District and the District may award the Contract to the next lowest responsible bidder, or may call for new bids.

Instructions to Bidders [10] San Diego Community College District

11. REQUIRED CERTIFICATIONS

Each Bidder, and any Subcontractor if applicable as indicated in the specific form, shall complete and submit the following certifications in the forms included in this bid package:

A. Contractor’s Certificate Regarding Workers’ Compensation

B. Designated Subcontractor List

C. Information Required of Bidders

D. Non-Collusion Declaration

These forms are included with the bid package and must be signed under the penalty of perjury and dated.

12. PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION

Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded a contract, the bidder and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project. To this end, Bidder shall sign and submit with its Bid the Public Works Contractor Registration Certification on the form provided, attesting to the facts contained therein. Failure to submit this form may render the bid non-responsive. In addition, each Bidder shall provide the registration number for each listed subcontractor in the space provided in the Designation of Subcontractors form.

13. BIDDER INFORMATION AND EXPERIENCE FORM

Each Bidder shall complete the “Information Required of Bidders” form provided herein and shall submit the form along with its Bid. Failure to provide all information requested within the questionnaire along with the Bid may cause the bid to be rejected as non-responsive. The District reserves the right to reject any Bid if an investigation of the information submitted does not satisfy the Engineer that the Bidder is qualified to properly carry out the terms of the contract.

14. SUBSTITUTION OF SECURITY

The Contract Documents call for monthly progress payments based upon the percentage of the Work completed. The District will retain five percent (5%) of each progress payment as provided by the Contract Documents. At the request and expense of the successful bidder, the District will substitute securities for the amount so retained in accordance with Public Contract Code section 22300.

15. PREVAILING WAGES

The District has obtained from the Director of the Department of Industrial Relations the general prevailing rate of per diem wages in the locality in which this work is to be performed for each craft or type of worker needed to execute the Contract. These rates may be obtained online at

Instructions to Bidders [11] San Diego Community College District http://www.dir.ca.gov/dlsr. A copy of these rates must be posted by the successful bidder at the site(s).

16. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS

In accordance with the provisions of the Labor Code, contractors or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Section 1777.1 or Section 1777.7 of the Labor Code. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid to a debarred subcontractor by the Contractor for the Project shall be returned to the District. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the Project.

17. REQUEST FOR SUBSTITUTIONS

The successful bidder shall comply with the substitution request provisions set forth in the General Conditions, including any deadlines for substitution requests which may occur prior to the bid opening date.

18. SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES AND FEES

Contractor and its subcontractors performing work under this Contract will be required to pay California sales tax and other applicable taxes, and to pay for permits, licenses and fees required by the agencies with authority in the jurisdiction in which the work will be located, unless otherwise expressly provided by the Contract Documents.

19. SIGNING OF BIDS

All Bids submitted shall be executed by the bidder or its authorized representative. Bidders may be asked to provide evidence in the form of an authenticated resolution of its Board of Directors or a Power of Attorney evidencing the capacity of the person signing the Bid to bind the bidder to each Bid and to any Contract arising therefrom. If a bidder is a joint venture or partnership, it may be asked to submit an authenticated Power of Attorney executed by each joint venturer or partner appointing and designating one of the joint venturers or partners as a management sponsor to execute the Bid on behalf of bidder. Only that joint venturer or partner shall execute the Bid. The Power of Attorney shall also: (1) authorize that particular joint venturer or partner to act for and bind bidder in all matters relating to the Bid; and (2) provide that each venturer or partner shall be jointly and severally liable for any and all of the duties and obligations of bidder assumed under the Bid and under any Contract arising therefrom. The Bid shall be executed by the designated joint venturer or partner on behalf of the joint venture or partnership in its legal name.

20. SUBMISSION OF ELECTONIC BIDS

ONCE THE BID AND SUPPORTING DOCUMENTS HAVE BEEN COMPLETED AND SIGNED

AS SET FORTH HEREIN, ALONG WITH THE BID GUARANTEE AND OTHER REQUIRED

MATERIALS, IT SHALL BE SUBMITTED ELECTRONICALLY THOROUGH THE DISTRICT’S

PLANETBIDS PORTAL:

HTTPS://VENDORS.PLANETBIDS.COM/PORTAL/57760/PORTAL-HOME.

ONLY WHERE EXPRESSLY PERMITTED IN THE NOTICE INVITING BIDS, MAY BIDDERS

http://www.dir.ca.gov/dlsr https://vendors.planetbids.com/PORTAL/57760/PORTAL-HOME

Instructions to Bidders [12] San Diego Community College District

SUBMIT THEIR BIDS VIA ELECTRONIC TRANSMISSION PURSUANT TO PUBLIC

CONTRACT CODE SECTIONS 1600 AND 1601.

21. OPENING OF BIDS

At the date and time specified in the Notice Inviting Bids, the District will electronically open all Bids timely submitted through the District's electronic bidding system. Any Bid submitted after the deadline established in the solicitation will not be accepted by the electronic bidding system and will not be considered.

It is the Bidder's sole responsibility to ensure that its Bid is successfully submitted through the District's electronic bidding system prior to the deadline for submission. Bids may be submitted at any time before the specified deadline.

Bid opening results may be made available electronically through the District's bidding platform.

The District reserves the right to postpone the Bid opening and evaluation process, if necessary.

The District reserves the right to reject any or all Bids and to waive any immaterial informality or irregularity in any Bid to the extent permitted by law.

22. WITHDRAWAL OF BID

Prior to bid opening, a Bid may be withdrawn by the bidder only by means of a written request signed by the bidder or its properly authorized representative. 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. After the opening of Bids, a Bid may be withdrawn by providing written notice to the District within five (5) working days after the Bid opening and in compliance with to Public Contract Code section 5100, et seq., or as otherwise may be allowed with the consent of the District.

23. BASIS OF AWARD; BALANCED BIDS

The District shall award the Contract to the lowest responsible bidder submitting a responsive Bid.

The District may reject any Bid which, in its opinion when compared to other bids received or to the District’s internal estimates, does not accurately reflect the cost to perform the Work. The District may reject as non-responsive any bid which unevenly weights or allocates costs, including but not limited to overhead and profit to one or more particular bid items.

24. DISQUALIFICATION OF BIDDERS; INTEREST IN MORE THAN ONE BID

No bidder shall be allowed to make, submit, or be interested in more than one bid. However, a person, firm, corporation or other entity that has submitted a subproposal to a bidder, or that has quoted prices of materials to a bidder, is not thereby disqualified from submitting a subproposal or quoting prices to other bidders submitting a bid to the District. No person, firm, corporation, or other entity may submit subproposal to a bidder, or quote prices of materials to a bidder, when also submitting a prime bid on the same Project.

25. AWARD PROCESS

Once all Bids are opened and reviewed to determine the lowest responsive and responsible bidder, the District Board may award the Contract. The apparent successful bidder should begin to prepare the following documents: (1) the Performance Bond; (2) the Payment Bond; and (3)

Instructions to Bidders [13] San Diego Community College District the required insurance certificates and endorsements. Once the District notifies the bidder of the award, the bidder will have ten (10) consecutive calendar days from the date of this notification to execute the Contract and supply the District with all the required documents and certifications.

Regardless whether the bidder supplies the required documents and certifications in a timely manner, the Contract time will begin to run ten (10) calendar days from the date of the notification.

Once the District receives all of the properly drafted and executed documents and certifications from the bidder, the District shall issue a Notice to Proceed to that bidder. FILING OF BID PROTESTS Bidders may file a “protest” of a Bid with the District’s Operations, Enterprise Services, and Facilities Division office. In order for a bidder’s protest to be considered valid, the protest must:

A. Be filed in writing within five (5) calendar days after the bid opening date;

B. Clearly identify the specific irregularity or accusation;

C. Clearly identify the specific District staff determination or recommendation being protested;

D. Specify, in detail, the grounds of the protest and the facts supporting the protest; and E. Include all relevant supporting documentation with the protest at time of filing.

If the protest does not comply with each of these requirements, it may be rejected as invalid. If the protest is valid, the District’s Operations, Enterprise Services, and Facilities Contract Specialist, or other designated District staff member, shall review the basis of the protest and all relevant information. The Operations, Enterprise Services, and Facilities Contract Specialist, or designee, will provide a written decision to the protestor. The protestor may then appeal the decision of the Operations, Enterprise Services, and Facilities Division to the District Architect.

The procedure and time limits set forth in this Article are mandatory and are the sole and exclusive remedy in the event of a Bid protest. Failure to comply with these procedures shall constitute a failure to exhaust administrative remedies and a waiver of any right to further pursue the bid protest, including filing a Government Code Claim or legal proceedings.

26. INSURANCE REQUIREMENTS

The San Diego Community College District has an Owner Controlled Insurance Program (OCIP), see Exhibit 1: Owner Controlled Insurance Program Manual. The successful bidder must meet all minimum requirement to enroll in the program. Contractors must ensure that their subcontractors are eligible to enroll in OCIP and also exclude costs for these coverages. OCIP Coverages include: Worker’s Compensation, Employer’s Liability Insurance, General/Excess Liability, Contractor’s Pollution Liability, and Builder’s Risk.

27. PERFORMANCE BOND AND PAYMENT BOND REQUIREMENTS

Within the time specified in the Contract Documents, the bidder to whom a Contract is awarded shall deliver to the District four identical counterparts of the Performance Bond and Payment Bond in the form supplied by the District and included in the Contract Documents. Failure to do so may, in the sole discretion of District, result in the forfeiture of the Bid Guarantee. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure section 995.120, authorized to do business as such in the State of California and satisfactory to the District. The Performance Bond and the Payment Bond shall be for one hundred percent (100%) of the Contract Price.

Instructions to Bidders [14] San Diego Community College District

28. EXECUTION OF CONTRACT

As required herein the bidder to whom an award is made shall execute the Contract in the amount determined by the Contract Documents. The District may require appropriate evidence that the persons executing the Contract are duly empowered to do so. The contract and bond forms to be executed by the successful Bidder are included herein and shall not be detached.

END OF INSTRUCTIONS TO BIDDERS

Reference Documents [15] San Diego Community College District

REFERENCE DOCUMENTS & EXISTING INFORMATION CONCERNING PROJECT

1. SUMMARY

This document describes existing conditions at or near the Project and use of information available regarding existing conditions. This document is not part of the Contract Documents.

See General Conditions for definition(s) of terms used herein. Contractor is required to request from the District a copy of any reports that it believes are necessary to perform Contractor’s Work in a safe, efficient and workman-like manner.

2. REPORTS AND INFORMATION ON EXISTING CONDITIONS

a. Documents providing a general description of the Project Site and conditions of the Work may have been collected by District, its consultants, contractors, and tenants. These documents may include previous contracts, contract specifications, tenant improvement contracts, as-built drawings, utility drawings, and information regarding underground facilities.

b. Information regarding existing conditions may be inspected at the District offices or the

Construction Manager’s offices, if any, and copies may be obtained at cost of reproduction and handling upon Bidder's agreement to pay for such copies. These reports, documents, and other information are not part of the Contract Documents.

c. Information regarding existing conditions may also be included in the Contract Documents, but shall not be considered part of the “Contract Documents” for the purposes of the Contract.

d. The reports and other data or information regarding existing conditions and underground facilities at or contiguous to the Project are the following:

(1) Geotechnical Data. Geotechnical data at or near the Project that is in the District's possession available for Contractor’s review.

(A) Geotechnical Reports. Geotechnical reports that may have been prepared for and around the Site by soil investigation engineers hired by the District and its consultants, contractors, and tenants. Geotechnical reports may be inspected at the District offices or the Construction Manager’s offices, if any, and copies may be obtained at cost of reproduction and handling upon Bidder's agreement to pay for such copies.

These reports are not part of the Contract Documents. The reports and drawings of physical conditions that may relate to the Project are the following:

(2) Soils Investigation Report-N/A

(3) Original Construction Drawings- Yes

(4) Survey of Site – N/A

(5) Hazardous Material Reports – N/A

Reference Documents [16] San Diego Community College District

3. USE OF INFORMATION

a. Information regarding existing conditions was obtained only for use of District and its consultants, contractors, and tenants for planning and design and is not part of the Contract Documents.

b. District does not warrant, and makes no representation regarding, the accuracy or thoroughness of any information regarding existing conditions. Bidder represents and agrees that in submitting a bid it is not relying on any information regarding existing conditions supplied by District.

c. Under no circumstances shall District be deemed to warrant or represent existing above-ground conditions, as-built conditions, or other actual conditions, verifiable by independent investigation. These conditions are verifiable by Contractor by the performance of its own independent investigation that Contractor must perform as a condition to bidding, and Contractor should not and shall not rely on this information or any other information supplied by District regarding existing conditions.

d. Any information shown or indicated in the reports and other data supplied herein with respect to existing underground facilities at or contiguous to the Project may be based upon information and data furnished to District by the District's employees and/or consultants or builders of such underground facilities or others. District does not assume responsibility for the completeness of this information, and Bidder is solely responsible for any interpretation or conclusion drawn from this information.

e. District shall be responsible only for the general accuracy of information regarding underground facilities, and only for those underground facilities that are owned by District, and only where Bidder has conducted the independent investigation required of it pursuant to the Instructions to Bidders, and discrepancies are not apparent.

4. LIMITED RELIANCE ON CERTAIN INFORMATION

a. Reference is made herein for identification of:

(1) Reports of explorations and tests of subsurface conditions at or contiguous to the Site that have been utilized by District in preparation of the Contract Documents.

(2) Drawings of physical conditions in or relating to existing subsurface structures (except underground facilities) that are at or contiguous to the Site and have been utilized by District in preparation of the Contract Documents.

b. Bidder may rely upon the general accuracy of the “technical data” contained in the reports and drawings identified above, but only insofar as it relates to subsurface conditions, provided Bidder has conducted the independent investigation required pursuant to Instructions to Bidders, and discrepancies are not apparent. The term “technical data” in the referenced reports and drawings shall be limited as follows:

(1) The term “technical data” shall include actual reported depths, reported quantities, reported soil types, reported soil conditions, and reported material, equipment or structures that were encountered during subsurface exploration. The term “technical

Reference Documents [17] San Diego Community College District data” does not include, and Bidder may not rely upon, any other data, interpretations, opinions or information shown or indicated in such drawings or reports that otherwise relate to subsurface conditions or described structures.

(2) The term “technical data” shall not include the location of underground facilities.

(3) Bidder may not rely on the completeness of reports and drawings for the purposes of bidding or construction.