BIDDING DOCUMENTS

FOR THE

SAN DIEGO COMMUNITY COLLEGE DISTRICT

FOR

Mesa College Design Center Renovation Project

7250 Mesa College Drive, San Diego, CA, 92111

Bid No. HH26270525

THIS PAGE INTENTIONALLY LEFT BLANK FOR PRINTING PURPOSES

Mesa College Design Center Renovation Project Table of Contents San Diego Community College District Page i

NOTICE INVITING BIDS

INSTRUCTIONS TO BIDDERS

CHECKLIST OF REQUIRED BID FORMS

BID FORM

DESIGNATION OF SUBCONTRACTORS

DESIGNATION OF SUBCONTRACTORS FORM

CONTRACTOR’S CERTIFICATE REGARDING WORKERS’ COMPENSATION FORM

NON-COLLUSION DECLARATION

BID GUARANTEE FORM

BID BOND FORM

REQUEST FOR SUBSTITUTION AT TIME OF BID (“REQUEST FORM”)

ACKNOWLEDGMENT OF BIDDING PRACTICES REGARDING INDEMNITY FORM

CALIFORNIA AIR RESOURCES BOARD (CARB) COMPLIANCE CERTIFICATION

SMALL/HISTORICALLY UNDERUTILIZED BUSINESS ENTERPRISE (S/HUBE)

PARTICIPATION

SITE VISIT CERTIFICATION

CONTRACT FORMS

AGREEMENT FORM

PAYMENT BOND

PERFORMANCE BOND

GUARANTEE

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ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION

INSURANCE DOCUMENTS & ENDORSEMENTS

CONTRACTOR’S CERTIFICATE REGARDING DRUG-FREE WORKPLACE

COMPLIANCE WITH ECONOMIC SANCTIONS IN RESPONSE TO RUSSIA’S ACTIONS IN

UKRAINE

ARTICLE 1 DEFINITIONS

1.1 BASIC DEFINITIONS

1.2 EXECUTION, CORRELATION AND INTENT

1.3 OWNERSHIP AND USE OF ARCHITECT’S DRAWINGS, SPECIFICATIONS

AND OTHER DOCUMENTS

ARTICLE 2 DISTRICT

2.1 INFORMATION AND SERVICES REQUIRED OF THE DISTRICT

2.2 DISTRICT’S RIGHT TO CARRY OUT THE WORK DUE TO PARTIAL

DEFAULT IN A SPECIFIC SEGREGATED AREA OF WORK (48 HOUR

NOTICE TO CURE AND CORRECT)

ARTICLE 3 THE CONTRACTOR

3.1 SUPERVISION AND CONSTRUCTION PROCEDURES

3.2 SUPERVISION

3.3 LABOR AND MATERIALS

3.4 WARRANTY

3.5 TAXES

3.6 PERMITS, FEES AND NOTICES

3.7 SUBMITTALS REQUIRED AT THE COMMENCEMENT OF THE PROJECT

3.8 DOCUMENTS, SAMPLES, AND COMPUTER AT THE SITE

3.9 SUBMITTALS INCLUDING SHOP DRAWINGS, PRODUCT DATA, AND

SAMPLES

3.10 SUBSTITUTIONS

3.11 INTEGRATION OF WORK

3.12 CLEANING UP

3.13 ACCESS TO WORK

3.14 ROYALTIES AND PATENTS

3.15 INDEMNIFICATION

3.16 SUBMISSION OF DAILY REPORTS

3.17 AS-BUILT DRAWINGS AND ANNOTATED SPECIFICATIONS

3.18 EQUIPMENT MANUALS

3.19 DIR REGISTRATION

ARTICLE 4 ADMINISTRATION OF THE CONTRACT AND CLAIMS

4.1 ARCHITECT

4.2 ARCHITECT’S ADMINISTRATION OF THE CONTRACT

4.3 PROJECT INSPECTOR

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4.4 STOP WORK ORDER

4.5 RESPONSIBILITY FOR ADDITIONAL CHARGES INCURRED BY THE

DISTRICT FOR PROFESSIONAL SERVICES

4.6 DISPUTES AND CLAIMS

ARTICLE 5 SUBCONTRACTORS

5.1 DEFINITIONS

ARTICLE 6 CONSTRUCTION BY DISTRICT OR BY SEPARATE CONTRACTORS

6.1 DISTRICT’S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD

SEPARATE CONTRACTS

6.2 CONSTRUCTIVE OWNERSHIP OF PROJECT SITE AND MATERIAL

6.3 DISTRICT’S RIGHT TO CLEAN UP

ARTICLE 7 CHANGES IN THE WORK

7.1 CHANGES

7.2 CHANGE ORDERS (“CO”)

7.3 CONSTRUCTION CHANGE DOCUMENT (CCD Category A, and CCD

Category B) and WORK CHANGE DIRECTIVE (WCD)

7.4 REQUEST FOR INFORMATION (“RFI”)

7.5 REQUEST FOR PROPOSAL (“RFP”)

7.6 CHANGE ORDER REQUEST (“COR”)

7.7 COST OF CHANGES

7.8 ALLOWANCES

ARTICLE 8 TIME AND SCHEDULE

8.1 DEFINITIONS

8.2 HOURS OF WORK

8.3 PROGRESS AND COMPLETION

8.4 EXTENSIONS OF TIME - LIQUIDATED DAMAGES

8.5 REVERSE LIQUIDATED DAMAGES FOR COMPENSABLE DELAY

ARTICLE 9 PAYMENTS AND COMPLETION

9.1 CONTRACT SUM

9.2 COST BREAKDOWN

9.3 PROGRESS PAYMENTS

9.4 APPLICATIONS FOR PROGRESS PAYMENTS

9.5 STOP NOTICE CLAIMS AND WARRANTY OF TITLE

9.6 DECISIONS TO WITHHOLD PAYMENT

9.7 NONCONFORMING WORK

9.8 SUBCONTRACTOR PAYMENTS

9.9 COMPLETION OF THE WORK

9.10 PARTIAL OCCUPANCY OR USE

9.11 COMPLETION AND FINAL PAYMENT

9.12 SUBSTITUTION OF SECURITIES

ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY

10.1 SAFETY PRECAUTIONS AND PROGRAMS

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10.2 SAFETY OF PERSONS AND PROPERTY

10.3 EMERGENCIES

10.4 HAZARDOUS MATERIALS

ARTICLE 11 INSURANCE AND BONDS

11.1 CONTRACTOR’S LIABILITY INSURANCE

11.2 WORKERS’ COMPENSATION INSURANCE

11.3 BUILDER’S RISK/ “ALL RISK” INSURANCE

11.4 FIRE INSURANCE

11.5 AUTOMOBILE LIABILITY

11.6 OTHER INSURANCE

11.7 PROOF OF INSURANCE

11.8 COMPLIANCE

11.9 WAIVER OF SUBROGATION

11.10 PERFORMANCE AND PAYMENT BONDS

ARTICLE 12 UNCOVERING AND CORRECTION OF WORK

12.1 COMPLIANCE WITH TITLE 24 INSTALLATION REQUIREMENTS

12.2 SPECIAL NOTICE OF AMERICANS WITH DISABILITIES ACT

12.3 UNCOVERING OF WORK

12.4 CORRECTION OF WORK

ARTICLE 13 MISCELLANEOUS PROVISIONS

13.1 GOVERNING LAW

13.2 SUCCESSORS AND ASSIGNS

13.3 WRITTEN NOTICE

13.4 RIGHTS AND REMEDIES

13.5 TESTS AND INSPECTIONS

13.6 TRENCH EXCAVATION

13.7 WAGE RATES, TRAVEL, AND SUBSISTENCE

13.8 RECORDS OF WAGES PAID

13.9 APPRENTICES

13.10 ASSIGNMENT OF ANTITRUST CLAIMS

13.11 STATE AND DISTRICT CONDUCTED AUDITS

13.12 COMMUNITY BENEFITS AGREEMENT

13.13 AIR POLLUTION CONTROL

13.14 STORM WATER POLLUTION PREVENTION

ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT

14.1 TERMINATION BY THE CONTRACTOR FOR CAUSE

14.2 TERMINATION BY THE DISTRICT FOR CAUSE

14.3 TERMINATION OF CONTRACT BY DISTRICT (CONTRACTOR NOT AT

FAULT)

14.4 REMEDIES OTHER THAN TERMINATION

ARTICLE 15 DEBARMENT

15.1 DEBARMENT DEFINITION

15.2 BOARD FINDING

15.3 HEARING AND PRESENTATION OF EVIDENCE

San Diego Community College District Page v

SUPPLEMENTARY GENERAL CONDITIONS

COMMUNITY BENEFITS AGREEMENT

OWNER CONTROLLED INSURANCE PROGRAM (“OCIP”)

Mesa College Design Center Renovation Project Notice Inviting Bids San Diego Community College District Page 1

NOTICE INVITING BIDS

SAN DIEGO COMMUNITY COLLEGE DISTRICT

The San Diego Community College District, acting by and through its Governing Board, hereinafter referred to as “District”, will accept electronic bid proposals pursuant to Public Contract Code section 1601 for the Project until the specified date and time below. The Project is generally described as:

MESA COLLEGE

Design Center Renovation Project

BID NUMBER: HH26270525

DEADLINE TIME AND DATE FOR SUBMISSIONS OF BID PROPOSALS:

October 8, 2026

No later than 2:00 p.m. Pacific Standard

All bids shall be made and presented only on the forms presented by the District. Bidders may obtain a copy of the Bid and Contract Documents from District’s PlanetBids portal at the following link:

https://vendors.planetbids.com/portal/57760/portal-home. Bids shall be submitted electronically through the District’s PlanetBids Portal. Any bids received after the time specified above or after any extensions due to material changes shall be considered non-responsive.

The Contract Time is 396 calendar days from the date of the Notice to Proceed.

This Project is being let in accordance with the formal bid requirements of the California Uniform Public Construction Cost Accounting Act (“CUPCCAA”) set forth in Public Contract Code section 22000 et seq. Bidders shall comply with any requirements set forth in the CUPCCAA including all guidelines and requirements in the current California Uniform Public Construction Cost Accounting Commission Cost Accounting Policies and Procedures Manual.

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Prequalification of Bidders

As a condition of bidding for this Project, and in accordance with California Public Contract Code section 20651.5, prospective bidders are required to submit to the District a completed set of prequalification documents on forms provided by the District. These documents will be the basis for determining which bidders are qualified to bid on this Project.

Bids will not be accepted if a Contractor has not been prequalified where prequalification is required. Prequalification documents are available from the San Diego Community College District website at https://www.sdccd.edu/departments/operations/Doing-Business-with-SDCCD.aspx, and at 1450 Frazee Road, Suite 500, San Diego, California, (619) 388-6546. Prequalification documents must be submitted no less than five (5) days prior to bid opening listed herein. Contractors will be notified by email of their prequalification rating within a reasonable period of time after submission of their prequalification documents, but not less than one day prior to the bid opening date.

Additive/ Deductive Bid Alternates

If the District has included additive/ deductive alternates which require all bidders to price as part of their bid, the District will utilize the following method to determine the lowest bidder in accordance with Public Contract Code section 20103.8:

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

Additive Alternate: Unit price for concrete per square foot..

Miscellaneous Information

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 their Bid is successfully submitted through the District’s electronic bidding system prior to the deadline for submission. Bid opening results may be made available electronically through the District’s bidding platform.

There are two Pre-Bid Job Walks scheduled. Bidders must attend at least one complete mandatory Pre-Bid Job Walk to be considered responsive. Contractors who do not attend a full session will be deemed non-responsive.

Mandatory Bid Walk Dates and Times:

Thursday, September 10, 2026, at 7:00 am.

Friday, September 11, at 7:00 am.

The bid walks will start at the Design Center Courtyard adjacent to parking lot 4.

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The District will centralize the purchase of insurance for the activities of the eligible Contractor and Subcontractors of every tier for work performed on-site for this Project. This consolidated purchase of insurance shall be known as the Owner Controlled Insurance Program (“OCIP”) and may include, without limitation, Workers’ Compensation, Employer’s Liability, General and Excess Liability, Contractor’s Pollution Liability and Builder’s Risk coverage for all eligible contractors. Details and documents related to OCIP are provided in the Supplementary General Conditions. Any questions concerning OCIP coverage, exclusions or separate insurance that must be procured by the Contractor must be discussed or raised during the mandatory Pre-bid Conference and submitted via pre-bid RFI.

Each bidder shall be a licensed contractor pursuant to the California Business and Professions Code and be licensed to perform the work called for in the Contract Documents. The successful bidder must possess a valid and active Class B California State Contractor’s License at the time of bid and throughout the duration of this Contract.

Subcontractors shall be licensed pursuant to California law for the trades necessary to perform the work called for in the Contract Documents.

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

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

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

All bids shall be submitted before bid submission deadline date/time electronically using the District’s PlanetBids vendor portal. Bidders are solely responsible for timely submission of Bid Proposals to the District at the place and time designated in the Instructions to Bidders as specified above.

In accordance with California Public Contract Code section 22300, the District will permit the substitution of securities for any moneys withheld by the District to ensure performance under the Contract.

At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the District, or with a state or federally chartered bank as the escrow agent, who shall then pay such moneys to the Contractor. Upon satisfactory completion of the Contract, the securities shall be returned to the Contractor.

Each bidder’s bid must be accompanied by one of the following forms of bidder’s security: (1) cash; (2) a cashier’s check made payable to the District; (3) a certified check made payable to the District;

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

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

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

A Contractor or Subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code or engage in the performance of any contract for public work, as defined in the Labor Code, unless currently registered and qualified to perform public work pursuant to Labor Code section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Labor Code section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Labor Code section 1725.5 at the time the contract is awarded.

The Contractor and all subcontractors shall furnish certified payroll records as required pursuant to Labor Code section 1776 directly to the Labor Commissioner in accordance with Labor Code section

1771.4 on at least on a monthly basis (or more frequently if required by the District or the Labor Commissioner) and in a format prescribed by the Labor Commissioner. Monitoring and enforcement of the prevailing wage laws and related requirements will be performed by the Labor Commissioner/ Department of Labor Standards Enforcement (DLSE).

This Project is subject to the requirements set forth in the Community Benefits Agreement for San Diego Community College District. Local Bond Measures entered into by and between the San Diego Community College District, and the San Diego Building and Construction Trades Council, and the Signatory Craft Councils with an effective date of September 18, 2024, and any amendments thereto (collectively, “CBA”). All bidders and subcontractors of any tier must review carefully the CBA and all of its requirements before submitting a bid for the Project.

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

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

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

Mesa College Design Center Renovation Project Instructions to Bidders San Diego Community College District Page 5

INSTRUCTIONS TO BIDDERS

Electronic Submission of Bid. Bids shall be submitted on the blank forms furnished herewith. All blanks in the bid form and other bid documents must be appropriately filled in, and all proposed prices must be stated clearly and legibly in both words and numerals. The District will receive bids electronically pursuant to Public Contract Code section 1601 through the PlanetBids portal - see the Notice Inviting Bids for link to submit bid documents and for the bid deadline. The electronic bidding system shall provide measures sufficient to confirm that no bid may be opened prior to the established bid deadline. The electronic timestamp maintained by PlanetBids shall be conclusive and shall govern all determinations regarding the timely submission of an electronic bid. Electronic signatures affixed to bid documents shall be deemed equivalent to handwritten signatures to the extent permitted by applicable law. By submitting an electronic bid, the bidder warrants and certifies that all documents submitted are genuine, accurate, and executed by an individual possessing the requisite authority to legally bind the bidder. The District assumes no responsibility for errors, delays, interruptions, or failures in internet service, electronic transmission, network connectivity, or any other technical issues affecting the submission of an electronic bid. The bidder bears sole responsibility for timely and successful submission of its bid and assumes all risks associated with electronic transmission. The District reserves the right to require the bidder to provide original hard-copy versions of any bid documents submitted electronically. Upon receipt of the District’s written request, the bidder shall deliver the requested original documents within twenty-four (24) hours. Failure to provide any requested original document, or the District’s determination that a material discrepancy exists between an electronically submitted document and its corresponding original hard-copy version, may result in the bid being deemed non-responsive and rejected.

Bid Security. Each bid must be accompanied by one of the following forms of bidder’s security: (1) cash;

(2) a cashier’s check made payable to the District; (3) a certified check made payable to the District; or (4) a bidder’s bond executed by a California admitted surety as defined in Code of Civil Procedure section 995.120, made payable to the District, in the form set forth in the Contract Documents. Such bidder’s security must be in an amount not less than ten percent (10%) of the maximum amount of such bidder’s bid as a guarantee that the bidder will enter into the Contract, if the same is awarded to such bidder, and will provide the required Performance and Payment Bonds, insurance certificates and any other required documents. In the event that a bidder is awarded the Contract and such bidder fails to enter into said Contract or provide the surety bond or bonds within five (5) calendar days after the date of the Notice of Award of the Contract to bidder, said security will be forfeited. Bidders must upload a scanned copy of the required bid security as part of the bidder’s electronic bid submission. Additionally, all bidders must deliver the original hard copy of the bidder’s bid security no later than 4:00 p.m. Pacific Standard Time., the next business day after the bid opening date to the following address: 1450 Frazee Road, Suite 500; call 619-388-6827 or 619-388-6546 if assistance is required upon arrival. Failure to meet the requirements above shall render the bidder’s bid non-responsive. The District shall not be responsible for any delivery issues including, but not limited to, mis-directed mail, mailing delays, etc.

Signature. The bid form, all bonds, all designations of subcontractors, the Contractor’s Certificate, the Agreement, and all Guarantees must be signed in permanent ink in the name of the bidder and must bear the signature in longhand of the person or persons duly authorized to sign the bid.

If the bidder is a corporation, the legal name of the corporation shall first be stated, together with the signature or signatures of the officers authorized to enter into contracts and bind the corporation.

Alternatively, the signature of an authorized officer or agent may be affixed, if a certified copy of the resolution of the corporate board of directors authorizing him or her to do so is provided to the District upon request. Such documents shall include the title of such signatories below the signature and shall bear the corporate seal.

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Bids submitted as joint ventures must so state and be signed by each joint venturer.

Bids submitted by individuals must be signed by the bidder unless an up-to-date power-of-attorney is on file in the District office, in which case, said person may sign for the individual.

The above rules also apply in the case of the use of a fictitious firm name. In addition, however, where a fictitious name is used, it must be so indicated in the signature.

Modifications. Changes in or additions to the bid form, recapitulations of the work bid upon, alternative proposals, or any other modification of the bid form which is not specifically called for in the Contract Documents may result in the District’s rejection of the bid as not being responsive to the Notice Inviting Bids. No oral or telephonic modification of any bid submitted will be considered.

Erasures, Inconsistent or Illegible Bids. The bid submitted must not contain any erasures, interlineations, or other corrections unless each such correction creates no inconsistency and is suitably authenticated by affixing in the margin immediately opposite the correction the signature or signatures of the person or persons signing the bid. In the event of inconsistency between words and figures in the bid price, words shall control figures. In the event that the District determines that any bid is unintelligible, inconsistent, or ambiguous, the District may reject such bid as being non-responsive.

Examination of Site and Contract Documents. Each bidder shall visit the site of the proposed work and become fully acquainted with the conditions relating to the construction and labor so that the facilities, difficulties, and restrictions attending the execution of the work under the Contract are fully understood.

Bidders shall thoroughly examine and be familiar with the drawings and specifications and all other documents and requirements that are attached to and/or contained in the Project Manual or other documents issued to bidders. The failure or omission of any bidder to receive or examine any Contract Documents, form, instrument, addendum, or other document or to visit the site and become acquainted with conditions there existing shall not relieve any bidder from obligations with respect to the bid or to the Contract. The submission of a bid shall be taken as prima facie evidence of compliance with this Section. Bidders shall not, at any time after submission of the bid, dispute, complain, or assert that there were any misunderstandings with regard to the nature or amount of work to be done.

Withdrawal of Bids. Any bid may be withdrawn, either personally or by written request, at any time prior to the scheduled closing time for receipt of bids. The bid security for bids withdrawn prior to the scheduled closing time for receipt of bids, in accordance with this paragraph, shall be returned upon request. No bidder may withdraw any bid for a period of ninety (90) calendar days after the date set for the opening of bids.

Agreements, Insurance and Bonds. The Agreement Form which the successful bidder, as Contractor, will be required to execute, and the forms and amounts of surety bonds and insurance endorsements which Contractor will be required to be furnished at the time of execution of the Agreement, are included in the bid documents and should be carefully examined by the bidder. The number of executed copies of the Agreement, the Performance Bond, and the Payment Bond required is one (1). Payment and Performance bonds must be executed by an admitted surety insurer as defined in Code of Civil Procedure 995.120.

Interpretation of Plans and Documents/Pre-Bid Clarification. If any prospective bidder is in doubt as to the true meaning of any part of the Contract Documents, or finds discrepancies in, or omissions, a written request for an interpretation or correction thereof may be submitted to the District. The bidder submitting the request shall be responsible for its prompt delivery. Any interpretation or correction of the Contract Documents will only be made by Addendum duly issued, and a copy of such Addendum will be made

San Diego Community College District Page 7 available for each Contractor receiving a set of the Contract Documents. No person is authorized to make any oral interpretation of any provision in the Contract Documents, nor shall any oral interpretation be binding on the District. If discrepancies on plans, specifications or elsewhere in the Contract Documents are not covered by addenda, bidder shall include in their bid methods of construction and materials for the higher quality and complete assembly. Each request for clarification/request for information (RFI) shall be submitted through the District’s PlanetBids portal and must be received no later than the due date noted herein.

All Requests for Information (“RFI”) must be submitted electronically via PlanetBids Question & Answer (“Q&A”) tab at PlanetBids by 2:00 p.m. Pacific Standard Time on 9/18/2026.

Each transmitted request shall contain Specifications and/or Drawing number by the deadline date noted herein. Requests received after the deadline shall not be considered or responded to. A written response to submitted RFIs which materially affects the bidder’s price will be made by Addendum issued by the District not less than seventy-two (72) hours prior to bid opening.

SUBMITTAL OF A BID WITHOUT A REQUEST FOR CLARIFICATIONS SHALL BE

INCONTROVERTIBLE EVIDENCE THAT THE BIDDER HAS DETERMINED THAT THE BID

DOCUMENTS ARE ACCEPTABLE AND SUFFICIENT FOR BIDDING AND COMPLETING THE

WORK; THAT BIDDER IS CAPABLE OF READING, FOLLOWING AND COMPLETING THE

WORK IN ACCORDANCE WITH THE BID DOCUMENTS; AND THAT BIDDER AGREES THAT

THE WORK CAN AND WILL BE COMPLETED ACCORDING TO THE DISTRICT’S TIMELINES.

Bidders Interested in More Than One Bid. No person, firm, or corporation shall be allowed to make, or file, or be interested in more than one prime bid for the same work unless alternate bids are specifically called for. A person, firm, or corporation that has submitted a proposal to a bidder, or that has quoted prices of materials to a bidder, is not thereby disqualified from submitting a proposal or quoting prices to other bidders or making a prime proposal.

Award of Contract. The Contract will be awarded to the lowest responsive, responsible bidder by action of the governing Board. The District reserves the right to conduct a post-bid review meeting with the apparent low bidder(s) for selected projects. The purpose of the meeting is to verify bid completeness, review the bidder’s understanding of the Project requirements, and evaluate the bidder’s ability and preparedness to perform the Work in accordance with the Contract Documents. Information obtained during the meeting may be considered by the District in its responsibility determination and award recommendation. Nothing discussed during the meeting shall modify the bidder’s bid, the Contract Documents, or permit revision of the bid. The District reserves the right to reject any or all bids, or to waive any irregularities or informalities in any bids or in the bidding. In the event, the District’s Board of Trustees awards the Contract to Bidder, and such bidder fails or refuses to execute the Contract and provide the required documents within five (5) calendar days after the date of the Notice of Award of Contract to bidder, the District may award the Contract to the next lowest responsible and responsive bidder or release all bidders. Each bid must conform and be responsive to the Contract Documents as defined in the General Conditions.

Bid Protest Procedure. Any bidder may file a bid protest. Protests must be submitted in writing to the Operations, Enterprise Services, and Facilities division at DLforOESFBidReview@sdccd.edu not more than five (5) business days after the date of the bid opening. Bidders filing a bid protest must provide an email address to receive the District’s official response. By submitting a bid protest, protesting bidder consents to receipt of e-mail notices for purposes of the protest and protest related questions and protest appeal, if applicable. The protest shall specify the reasons and facts upon which the protest is based.

Resolution of Bid Controversy: Once the bid protest is received, the apparent lowest responsible bidder will be notified of the protest and the evidence presented. If appropriate, the apparent low bidder will be

San Diego Community College District Page 8 given an opportunity to rebut the evidence and present evidence that the apparent low bidder should be allowed to perform the Work. If deemed appropriate by the District, an informal hearing will be held.

District will issue a written decision within fifteen (15) calendar days of receipt of the protest, unless factors beyond the District’s reasonable control prevent such resolution. The decision on the bid protest will be copied to all parties involved in the protest.

Appeal: If the protesting bidder or the apparent low bidder is not satisfied with the decision, the matter may be appealed to the Executive Operations Officer, or his or her designee, within three (3) business days following receipt of the District’s written decision on the bid protest. The appeal must be submitted electronically via email and include all documentation, evidence, and information upon which the appeal is based. Appeals shall be emailed to:

Subject: Bid Protest Appeal – Bid Number HH26270525 – [Bidder Name] To: Joel Peterson, Executive Operations Officer jpeterson@sdccd.edu

Cc: Molly Gardner, Director Bond Office Operations mgardner@sdccd.edu and Kellie Silva, Contracts Specialist ksilva@sdccd.edu

Appeal Review: The Executive Operations Officer, or his or her designee, shall review the decision on the bid protest and issue a written response to the appeal, or if appropriate, appoint a Hearing Office to conduct a hearing and issue a written decision. The written decision of the Executive Operations Officer or the Hearing Officer shall be rendered within fifteen (15) calendar days and shall state the basis for the decision.

The decision concerning the appeal will be final and not subject to any further appeals.

Reservation of Rights to Proceed with Project Pending Appeal. The District reserves the right to proceed to award the Contract for the Project and commence construction pending an Appeal. If there is State Funding or a critical completion deadline, the District may choose to shorten the time limits set forth in this Section due to the urgency of proceeding with the work if written notice is provided to the protesting party.

Notice provided by email to the email address designated by the protesting party shall constitute sufficient written notice and shall be deemed received on the date and time the email is transmitted by the District, as evidenced by the District’s email transmission records. In the absence of a written response to a notice shortening the applicable time limits, the District may proceed with the award.

Finality. Failure to comply with this Bid Protest Procedure shall constitute a waiver of the right to protest and shall constitute a failure to exhaust the protesting bidder’s administrative remedies.

Alternates. If alternate bids are called for, the Contract may be awarded at the election of the Governing Board to the lowest responsible and responsive bidder using the method and procedures outlined in the Notice Inviting Bids and as specified in the Section entitled Alternate/Deductive Bid Alternates. If alternate bids are called for and the bidder intends to use different or additional subcontractors, a separate list of subcontractors must be submitted for each such alternate.

Evidence of Responsibility. Upon the request of the District, a bidder whose bid is under consideration for the award of the Contract shall submit promptly to the District satisfactory evidence showing the bidder’s financial resources, surety and insurance claims experience, construction experience, completion ability, San Diego Community College District Page 9 workload, organization available for the performance of the Contract, and other factors pertinent to a Project of the scope and complexity involved.

Listing Subcontractors. Each bidder shall submit with its bid, on the form furnished with the Contract Documents, a list of the names, license numbers, scopes of work, locations of the places of business, contact information, and Department of Industrial Relations (“DIR”) registration numbers of each subcontractor who will perform work or labor or render service to the bidder in or about the project, or a subcontractor who under subcontract to the bidder, specially fabricates and installs a portion of the work, in an amount in excess of one-half of 1 percent of the bidder’s total bid as required by the Subletting and Subcontracting Fair Practices Act (Public Contract Code section 4100, et seq.) Pursuant to Labor Code section 1725.5, all subcontractors (of any tier) performing work on this Project must be properly registered with DIR.

Workers’ Compensation. In accordance with the provisions of Labor Code section 3700, the successful bidder as the Contractor shall secure payment of compensation to all employees. The Contractor shall sign and file with the District the following certificate prior to performing the work under this contract: “I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for workers’ 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.” The form of such certificate is included as a part of the bid documents.

Contractor’s License. To perform the work required by this notice, the Contractor must possess the contractor’s license as specified in the Notice Inviting Bids, and the Contractor must maintain the license throughout the duration of the Contract. If, at the time of bid, bidder is not licensed to perform the Project in accordance with Division 3, Chapter 9, of the Business and Professions Code for the State of California and the Notice Inviting Bids, such bid will not be considered, and the Contractor will forfeit its bid security to the District.

Anti-Discrimination. It is the policy of the District that in connection with all work performed under contracts, there be no discrimination against any prospective or active employee engaged in the work because of race, color, ancestry, national origin, religious creed, sex, age, or marital status. The Contractor agrees to comply with applicable federal and California laws, including, but not limited to, the California Fair Employment and Housing Act, beginning with Government Code section 12900 and Labor Code section 1735. In addition, the Contractor agrees to require like compliance by any subcontractors employed on the work by such Contractor.

Preference for Materials and Substitutions.

1. One Product Specified. Unless the Plans and Specifications state that no Substitution is permitted, whenever the Contract Documents indicate any specific article, device, equipment, product, material, fixture, patented process, form, method, construction, or any specific name, make, trade name, or catalog number, with or without the words, “or equal,” such specification shall be read as if the language “or equal” is incorporated.

2. Request for Substitution. Bidder may, unless otherwise stated, offer any material, process, article, etc., which is materially equal or better in every respect to that so indicated or specified (“Specified Item”) and will completely accomplish the purpose of the Contract Document. If bidder desires to offer a Substitution for a Specified Item, such bidder must make a request in writing on the District’s Substitution Request Form (“Request Form”) and submit the completed Request Form with the bidder’s bid. The Request Form must be accompanied by evidence as to whether the proposed substitution:

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1) Is equal in quality, service, and ability to the Specified Item as demonstrated by a side-by-side comparison of key characteristics and performance criteria (CSI comparison chart);

2) Will entail no changes in detail, construction and scheduling of related work;

3) Will be acceptable in consideration of the required design and artistic effect;

4) Will provide no cost disadvantage to the District;

5) Will require no excessive or more expensive maintenance, including adequacy and availability of replacement parts; and

6) Will require no change in the Contract Time.

In completing the Request Form, bidder must state with respect to each requested substitution whether bidder will agree to provide the Specified Item in the event that the District denies bidder’s request for substitution of a Specified Item. In the event that bidder does not agree in the Request Form to provide the Specified Item and the District denies the requested Substitution, the bidder’s bid shall be considered non-responsive, and the District may award the Contract to the next lowest bidder or in its sole discretion, release all bidders. In the event that bidder has agreed in the Request Form to provide the Specified Item and the District denies bidder’s requested substitution for a Specified Item, bidder shall execute the Agreement and provide the Specified Item without any additional cost or charge to the District, and if bidder fails to execute the Agreement with the Specified Item(s), bidder’s bid bond will be forfeited.

After the bids are opened, the apparent lowest bidder shall provide, within five (5) calendar days of opening such bids, any and all plans, specifications, samples, performance data, calculations, and other information as may be required to assist the Architect and the District in determining whether the proposed substitution is acceptable. The burden of establishing these facts shall be upon the bidder.

After the District’s receipt of such evidence by bidder, the District will make its final decision as to whether the bidder’s request for Substitution for any Specified Items will be granted. The District shall have sole discretion in deciding as to whether a proposed request for Substitution is equal to or better than a Specified Item. Any request for Substitution which is granted by the District shall be documented and processed through a Change Order/ Construction Change Document. The District may condition its approval of any Substitution upon delivery to the District of an extended warranty or other assurances of adequate performance of the Substitution. Any and all risks of delay due to DSA, or any other governmental agency having jurisdiction shall be on the bidder.

Disqualification of Bidders and Proposals. 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 and the bidder will forfeit their bid security to the District.

Unbalanced or Altered Bids. 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 may be rejected. If, in the District’s sole discretion, it determines any pricing, costs or other information submitted by a bidder may result in an unbalanced bid, the District may deem such bid non-responsive. A bid may be determined by the District to be unbalanced if the bid is based on prices significantly less than cost for some work and prices which are significantly overstated in relation to cost for other work, and if there is a reasonable doubt that the bid will result in the lowest overall cost to the District even though it may be the low evaluated bid, or if it is so unbalanced as to be tantamount to allowing an advanced payment.

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Employment of Apprentices. The Contractor and all Subcontractors shall comply with the provisions of California Labor Code including, but not limited to Sections 1777.5, 1777.6, and 1777.7 concerning the employment of apprentices. The Contractor and all Subcontractors shall comply with the requirements of said Sections, including applicable portions of all subsequent amendments in the employment of apprentices; however, the Contractor shall have full responsibility for compliance with said Labor Code Sections, for all apprenticeable occupations, regardless of any other contractual or employment relationships alleged to exist.

Non-Collusion Declaration. Public Contract Code section 7106 requires bidders to submit declaration of non-collusion with their bids. This form is included with the bid documents and must be signed and dated by the bidder under penalty of perjury.

Wage Rates, Travel and Subsistence.

1. The Contractor and all Subcontractors shall comply with the requirements set forth in Division 2, Part 7, Chapter 1 of the Labor Code. Pursuant to Labor Code section 1770 et seq., the District has obtained from the Director of the Department of Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which this work is to be performed for each craft, classification or type of worker needed to execute the contract. Copies are available from the District to any interested party on request and are also available from the Director of the Department of Industrial Relations. The Contractor shall obtain copies of the above-referenced prevailing wage sheets and post a copy of such wage rates at appropriate, conspicuous, weatherproof points at the Site.

2. Any worker employed to perform work on the Project and such work is not covered by any classification listed in the published general prevailing wage rate determinations or per diem wages determined by the Director of the Department of Industrial Relations, shall be paid not less than the minimum rate of wages specified therein for the classification which most nearly corresponds to the employment of such person in such classification.

3. Holiday and overtime work, when permitted by law, shall be paid for at the rate set forth in the prevailing wage rate determinations issued by the Director of the Department of Industrial Relations or at least one and one-half (1½) times the specified basic rate of per diem wages, plus employer payments, unless otherwise specified in the Contract Documents or authorized by law.

4. These per diem rates, including holiday and overtime work, and employer payments for health and welfare, pension, vacation, and similar purposes, are on file at the administrative office of the District, located as noted above and are also available from the Director of the Department of Industrial Relations. It is the Contractor’s responsibility to ensure the appropriate prevailing rates of per diem wages are paid for each classification. It shall be mandatory upon the Contractor to whom the Contract is awarded, and upon any subcontractor under such Contractor, to pay not less than the said specified rates to all workers employed by them in the execution of the Contract.

DIR Registration of Contractor and Subcontractors. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code or engage in the performance of any contract for public work, as defined in the Labor Code, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.

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This Project is a public works project as defined in Labor Code section 1720. Each contractor bidding on this Project and all subcontractors (of any tier) performing any portion of the Work must comply with the Labor Code sections 1725.5 and 1771.1 and must be properly and currently registered with DIR and qualified to perform public works pursuant to Labor Code section 1725.5 throughout the duration of the Project. For more information and up to date requirements, contractors are recommended to periodically review the DIR’s website at www.dir.ca.gov. Contractor shall be solely responsible for ensuring compliance with Labor Code section 1725.5 as well as any requirements implemented by DIR applicable to its services or its subcontractors throughout the term of the Agreement and in no event shall contractor be granted increased payment from the District or any time extensions to complete the Project as a result of contractor’s efforts to maintain compliance with the Labor Code or any requirements implemented by DIR. Failure to comply with these requirements shall be deemed a material breach of this Agreement and grounds for termination for cause. The contractor and all subcontractors shall furnish certified payroll records as required pursuant to Labor Code section 1776 directly to the Labor Commissioner in accordance with Labor Code section 1771.4 on at least on a monthly basis (or more frequently if required by the District or the Labor Commissioner) and in a format prescribed by the Labor Commissioner. The District reserves the right to withhold contract payments if the District is notified, or determines as the result of its own investigation, that contractor is in violation of any of the requirements set forth in Labor Code section 1720 et seq. at no penalty or cost to the District. Monitoring and enforcement of the prevailing wage laws and related requirements will be performed by the Labor Commissioner/ Department of Labor Standards Enforcement (DLSE).

Community Benefits Agreement. This Project is subject to the requirements set forth in the Community Benefits Agreement for San Diego Community College District Local Bond Measures entered into by and between the San Diego Community College District, and the San Diego Building and Construction Trades Council, and the Signatory Craft Councils with an effective date of September 18, 2024, and any amendments thereto (collectively, “CBA”). All bidders and subcontractors of any tier must review carefully the CBA and all of its requirements before submitting a bid for the Project. The Contractor and all subcontractors of any tier must agree to be bound by the terms and conditions of the CBA through the Letter of Assent in the CBA prior to commencing any work on the Project. The Contractor and all subcontractors of any tier must cooperate and coordinate its work on the Project with the designated Project Labor Coordinator as required in the CBA.

Bid Documents. Bid documents, may be obtained from PlanetBids at:

https://vendors.planetbids.com/portal/57760/portal-home

Bidder shall utilize a complete set of bid documents in preparing a bid. The failure or omission of bidder to receive any bid document, form, instrument, Addendum, or other document shall not relieve bidder from any obligations with respect to the bid and/or Contract.

Addenda. Clarification or any other notice of a change in the bid documents will be issued only by the District and only in the form of a written Addendum, transmitted by e-mail, or available for pick up to all who are known by the issuing office to have received a complete set of bid documents. Any other purported Addenda are void and unenforceable.

Bidder is responsible for ascertaining the disposition of all Addenda issued regardless of District notification and to acknowledge all Addenda in the submitted bid prior to the bid opening. Copies of Addenda. Each Addendum will be numbered, dated, and identified with the Bid Number. Oral statements or any instructions in any form, other than Addendum as described above, shall be void and unenforceable.

Addenda issued by the District and not noted as being acknowledged by bidder as required in the Bid Form, may result in the bid being deemed non-responsive.

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CUPCCAA. This Project is being let…