Rancho Santiago Community College District Bid #1503 Science Center Compressor Replacement Project at Santiago Canyon College

PROCUREMENT AND CONTRACTING PROVISIONS

(PART 1)

FOR THE

RANCHO SANTIAGO COMMUNITY COLLEGE DISTRICT

FOR

BID NO. 1503

SCIENCE CENTER COMPRESSOR REPLACEMENT AT SANTIAGO CANYON

COLLEGE

SANTIAGO CANYON COLLEGE

LOCATED AT

8045 EAST CHAPMAN AVENUE, ORANGE, CA 92869

RANCHO SANTIAGO COMMUNITY COLLEGE DISTRICT

FACILITY PLANNING, CONSTRUCTION & DISTRICT SUPPORT SERVICES

2323 NORTH BROADWAY, SUITE 112

SANTA ANA, CA 92706

JULY 23, 2026

TABLE OF CONTENTS

NOTICE INVITING BIDS ......................................................................... Error! Bookmark not defined.

INSTRUCTIONS TO BIDDERS

PRE-BID CLARIFICATION FORM

PRE-BID SUBSTITUTION REQUEST FORM

CHECKLIST OF MANDATORY BID SUBMITTAL

BID PROPOSAL FORM

BID BOND

DESIGNATED SUBCONTRACTORS LIST

DESIGNATED SUBCONTRACTORS LIST (CONTINUED)

SITE VISIT CERTIFICATION

IRAN CONTRACTING ACT CERTIFICATION

LOCAL HIRES AND LOCAL BUSINESSES PARTICIPATION STATEMENT

INSTRUCTIONS FOR LOCAL HIRES AND LOCAL BUSINESS PARTICIPATION STATEMENT . 32

LOCAL HIRES AND LOCAL BUSINESSES PARTICIPATION STATEMENT OPTIONS FORM

CONTRACTOR CERTIFICATION FOR LOCAL HIRES AND LOCAL BUSINESSES

PARTICIPATION STATEMENT

LOCAL HIRE AND LOCAL BUSINESS GOOD FAITH EFFORT WORKSHEETS

LOCAL HIRE AND LOCAL BUSINESS GOOD FAITH EFFORT WORKSHEETS CERTIFICATION37

STATEMENT OF INTENT TO MEET DISABLED VETERAN BUSINESS ENTERPRISE (DVBE)

PARTICIPATION GOALS

CALIFORNIA AIR RESOURCES BOARD (CARB) COMPLIANCE CERTIFICATION

CHECKLIST FOR BID DOCUMENTS UPON RECEIPT OF NOTICE OF AWARD

ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION

CONSTRUCTION SERVICES AGREEMENT FORM

PERFORMANCE BOND

LABOR AND MATERIALS PAYMENT BOND

SUBMITTAL OF CERTIFIED PAYROLL RECORDS TO LABOR COMMISSIONER

INSURANCE DOCUMENTS & ENDORSEMENTS

WORKERS' COMPENSATION CERTIFICATION

DRUG-FREE WORKPLACE CERTIFICATION

CONTRACTOR’S CERTIFICATE REGARDING ALCOHOLIC BEVERAGE AND TOBACCO-FREE

CAMPUS POLICY

ASBESTOS AND OTHER HAZARDOUS MATERIALS CERTIFICATION

LEAD-BASED MATERIALS CERTIFICATION

CRIMINAL BACKGROUND INVESTIGATION / FINGERPRINTING CERTIFICATION

ROOFING CONTRACT FINANCIAL INTEREST CERTIFICATION

END OF TABLE OF CONTENTS

NOTICE INVITING BIDS

NOTICE IS HEREBY GIVEN that the Rancho Santiago Community College District RSCCD) of Orange County, California, acting by and through its Board of Trustees (“District”), will, in accordance with Public Contract Code §22034, receive, up to but not later than the below-stated date and time, sealed bids for an award of a Contract for Bid #1503 Science Center Compressors Replacement at Santiago Canyon College.

1. Contractors’ License Classification. Bidders must possess the following classification(s) of California Contractors License at the time that the Bid Proposal is submitted and at time the Contract for the Work is awarded: C-20 Warm-Air Heating, Ventilating and Air-Conditioning. The Bid Proposal of a Bidder who does not possess a valid and in good standing Contractors’ License in the classification(s) set forth above will be rejected for non-responsiveness. Any Bidder not duly and properly licensed is subject to all penalties imposed by law. No payment shall be made for the Work unless and until the Registrar of Contractors verifies to the District that the Bidder awarded the Contract is properly and duly licensed for the Work.

2. Contract Time. The Contract Time is 85 calendar days from date of Notice to Proceed to Final Completion. Failure to achieve the Contract Time will result in the assessment of Liquidated Damages as set forth in the Contract.

3. Job Walk. The District will conduct an optional Job Walk for General Contractors and optional for

Subcontractors on Tuesday, July 28, 2026, beginning at 9:00 A.M. Bidders are to meet at Santiago Canyon College, located at 8045 East Chapman Avenue, Orange, CA 92869 (enter from Newport Blvd.

to campus entrance to parking lot # 2) and meet west side of Building B. Visitor parking stalls may be utilized for the duration of the job walk, if available (Lot 2 at Santiago Canyon College). No day parking permit is required for the job walk.

4. Submittal of Bid Proposals. All Bid Proposals must be submitted on forms furnished by the District prior to 2:00 P.M., Wednesday, August 12, 2026. Submit Bids to RSCCD Facility Planning, Construction and District Support Services at 2323 North Broadway, Suite 112, Santa Ana, CA 92706.

Bidders are solely responsible for timely submission of Bid Proposals to the District at the designated location. The District shall not be responsible for any delays or issues with mail delivery. Any bid received after the scheduled closing time for receipt of bids shall be returned to the bidder unopened.

Bid Summary will be posted on the District’s website (www.rsccd.edu then click on “Bid Opportunities”)

5. Bid and Contract Documents. The Bid and Contract Documents are available to all Bidders online at the District website, (www.rsccd.edu then click on “Bid Opportunities”), no later than 5:00 P.M. on Thursday, July 23, 2026. The Bid and Contract Documents may be available from sources other than the Purchasing Webpage, including plan rooms. The District is not responsible for the accuracy or completeness of Bid or Contract Documents obtained from any source other than the Purchasing Webpage. Bidders are solely responsible for the risk of inaccurate or incomplete Bid or Contract Documents obtained from any source other than the Purchasing Webpage.

6. CUPCCAA. This Project is being let in accordance with the California Uniform Public Construction Cost Accounting Act (“CUPCCAA”) set forth in Public Contract Code section 22000 et seq. Contractors are invited to complete and submit the Contractors Letter of Interest Application to Purchasing Services Department as instructed on the application. The Contractors Letter of Interest Application is available on the District’s webpage (www.rsccd.edu, click on Departments, Purchasing Services and then click on “Contractors Letter of Interest Application”).

http://www.rsccd.edu/ https://rsccd.edu/Departments/Purchasing/Pages/Bidding-Opportunities.aspx https://rsccd.edu/Departments/Purchasing/Pages/Bidding-Opportunities.aspx http://www.rsccd.edu/ https://rsccd.edu/Departments/Purchasing/Pages/Bidding-Opportunities.aspx

7. Purchasing Webpage Posting of Addenda and Bidder Questions Responses. During the course of bidding, the District may issue addenda (“Addenda”) or issue responses to bidder questions that do not result in issuance of Addenda (“Bidder Questions Responses”). The District will not distribute Addenda or Bidder Questions Responses; Addenda and Bidder Questions Responses will be posted on the Purchasing Webpage. The District’s posting of Addenda and/or Bidder Questions Responses on the Purchasing Webpage is deemed the District’s distribution of Addenda and/or Bidder Questions Responses to all bidders.

8. Project Plan Holder List. The District’s Project Plan Holder List will be compiled exclusively from the sign-in sheet at the Mandatory Job Walk. The District will not have a third party maintain a bid registry/plan holder list and will not distribute addenda directly to bidders/plan holders.

9. Prevailing Wage Rates. Pursuant to California Labor Code §1773, the Director of the Department of Industrial Relations of the State of California (“DIR”) has determined the generally prevailing rates of wages in the locality in which the Work is to be performed. Copies of the prevailing wage rates in the locality where the Work is to be performed, entitled PREVAILING WAGE SCALE are available to any interested party at http://www.dir.ca.gov/dlsr/statistics_research.html. The Contractor awarded the Contract for the Work shall post a copy of all applicable prevailing wage rates for the Work at conspicuous locations at the Site of the Work. The Contractor and all Subcontractors performing any portion of the Work shall pay not less than the applicable prevailing wage rate for the classification of labor provided by their respective workers in prosecution and execution of the Work. During the Work and pursuant to Labor Code §1771.4(a)(4), the DIR shall monitor compliance with prevailing wage rate requirements and enforce the Contractor’s prevailing wage rate obligations.

10. Bidder and Subcontractors DIR Registered Contractor Status. Each Bidder must be a DIR

Registered Contractor when submitting a Bid Proposal. The Bid Proposal of a Bidder who is not a DIR Registered Contractor when the Bid Proposal is submitted will be rejected for non-responsiveness. All Subcontractors identified in a Bidder’s Designated Subcontractors’ List must be DIR Registered contractors at the time the Bid Proposal is submitted. The Contractor may be subject to penalties by DIR of up to $10,000 for contracting with any subcontractor that is not DIR registered. The foregoing notwithstanding, a Bid Proposal is not subject to rejection for non-responsiveness for listing Subcontractor the Subcontractors List who is/are not DIR Registered contractors if such Subcontractor(s) complete DIR Registration pursuant to Labor Code §1771.1(c)(1) or (2). Further, a Bid Proposal is not subject to rejection if the Bidder submitting the Bid Proposal listed any Subcontractor(s) who is/are not DIR Registered contractors and such Subcontractor(s) do not become DIR Registered pursuant to Labor Code §1771.1(c)(1) or (2), but the Bidder, if awarded the Contract, must request consent of the District to substitute a DIR Registered Subcontractor for the non-DIR Registered Subcontractor pursuant to Labor Code §1771.1(c)(3), without adjustment of the Contract Price or the Contract Time.

11. Bid Security. Each Bid Proposal shall be accompanied by Bid Security in an amount equal to Ten

Percent (10%) of the maximum amount of the Bid Proposal, inclusive of any additive Alternate Bid Item(s). Failure of any Bid Proposal to be accompanied by Bid Security in the form and in the amount required shall render such Bid Proposal to be non-responsive and rejected by the District.

12. Labor & Materials Payment Bond; Performance Bond. Prior to commencement of the Work, the

Bidder awarded the Contract shall deliver to the District two (2) each of Labor & Material Payment Bond and a Performance Bond issued by a California Admitted Surety in the form and content included http://www.dir.ca.gov/dlsr/statistics_research.html in the Contract Documents each of which shall be in a penal sum equal to One Hundred Percent (100%) of the Contract Price.

13. No Withdrawal of Bid Proposals. Bid Proposals shall not be withdrawn by any Bidder for a period of

90 calendar days after the opening of Bid Proposals. During this time, all Bidders shall guarantee prices quoted in their respective Bid Proposals.

14. Award of Contract. The Contract for the Work, if awarded, will be by action of the District’s Board of

Trustees to the responsible Bidder submitting the lowest priced responsive Bid Proposal. If the Bid Proposal requires Bidders to propose prices for Alternate Bid Items, the District’s selection of Alternate Bid Items, if any, for determination of the lowest priced Bid Proposal and for inclusion in the scope of the Contract to be awarded shall be in accordance with the Instructions to Bidders. The District reserves the right to waive immaterial irregularities or informalities in any Bid Proposal or in the bidding process.

Additionally, the District reserves the right to reject all Bid Proposals. The lowest responsive bid for the Work shall be determined as follows: Base Bid Amount .

15. Disabled Veteran Business Enterprises (“DVBE”) Participation Goal. Pursuant to Military &

Veterans Code §999.2 and the District’s Board Policy, the District has established a Good Faith Participation Goal for DVBEs of Three Percent (3%) of the value of the Work.

16. American Disabilities Act (ADA). It is the intention of the Rancho Santiago Community College District to comply with the Americans with Disabilities Acts (ADA) in all respects. If, as an attendee or a participant at this meeting, you will need special assistance, the Rancho Santiago Community College District will attempt to accommodate you in every reasonable manner. Please contact the Rancho Santiago Community College District, Facility Planning, Construction and District Support Services at 2323 N. Broadway, Suite 112, Santa Ana, California, 714-480-7510, three business days prior to the meeting to inform us of your particular needs so that appropriate accommodations may be made.

Advertisement publication date: 7/23/2026

INSTRUCTIONS TO BIDDERS

Bidders shall follow the instructions in this document, and shall submit all documents, forms, and information required for consideration of their Bid.

Rancho Santiago Community College District (“District” or “Owner”) will evaluate information submitted by all bidders, and, if incomplete in any way, the Bidder's bid may be rejected as nonresponsive.

1. Project. Bids are requested for a general construction contract, or work described in general, for the Project, Bid #1503 Science Center Compressor Replacement Project at Santiago Canyon College.

2. Job-Walk.

A. Job Walk. The District will conduct an optional Job-Walk for General Contractors and optional for Subcontractors at the time(s) and place(s) designated in the Notice Inviting Bids (“Notice to Bidders”).

Any late attendees will not be allowed to sign-in.

B. District Additional Job Walk. The District may, in its sole and exclusive discretion, elect to conduct one or more Job Walk(s) in addition to that set forth in the Notice to Bidders, in which event the District shall notify all Bidders who have theretofore obtained the Contract Documents pursuant to the Notice to Bidders of any such additional Job Walk. If the District elects to conduct any Job Walk in addition to that set forth in the Notice to Bidders, the District shall, in its notice of any such additional Job Walk(s), indicate whether Bidders’ attendance at such additional Job Walk(s) is/are mandatory.

C. Bidder Requested Additional Job Walk. Any Bidder who has obtained the Bid Documents pursuant to the Notice to Bidders may, by written request to the District, request an additional Job Walk if the District has designated a Job Walk in the Notice to Bidders or a Job Walk if the District has not designated a Job Walk in the Notice to Bidders. The District may, in its sole and exclusive discretion, conduct such requested Job-Walk taking into consideration factors such as the time remaining prior to the scheduled opening of Bid Proposals. Any such requested Job Walk will be conducted only upon the requesting Bidder’s agreement to reimburse the District for the actual and/or reasonable costs for the District’s staff and its agents and representatives in arranging for and conducting such additional Job Walk.

3. Preparation and Submittal of Bid Proposal.

A. Bid Proposal Preparation. All information required by the bid forms must be completely and accurately provided. Numbers shall be stated in both words and figures where so indicated in the bid forms;

conflicts between a number stated in words and in figures are governed by the words. Partially completed Bid Proposals or Bid Proposals submitted on other than the bid forms included herein are non-responsive and will be rejected. Bid Proposals not conforming to these Instructions for Bidders and the Notice to Bidders may be deemed non-responsive and rejected.

B. Bid Proposal Submittal. Bid Proposals shall be submitted at the place designated in the Notice to Bidders in sealed envelopes bearing on the outside the Bidder’s name and address along with an identification of the Work for which the Bid Proposal is submitted. Bidders are solely responsible for timely submission of Bid Proposals to the District at the place designated in the Notice to Bidders.

C. Date and Time of Bid Proposal Submittal. A Bid Proposal is submitted only if the outer envelope containing the Bid Proposal is marked with the Project title and is received by a District Facility Planning, Construction and District Support Services Department representative for logging-in at (or before) the latest date and time for submittal of Bid Proposals. The electronic clock and date stamper located in the Facility Planning, Construction and District Support Services is controlling and determinative as to the time of the Bidder’s submittal of the Bid Proposal. The foregoing notwithstanding, whether or not Bid Proposals are opened exactly at the time fixed in the Notice to

Bidders, no Bid Proposals shall be received or considered by the District after it has commenced the public opening and reading of Bid Proposals; Bid Proposals submitted after such time are non-responsive and will be returned to the Bidder unopened.

4. Bid Opening. {RESERVED}

5. Bid Form. Bidders must submit Bids on the Bid Form and all other required District forms. Bids not submitted on the District's required forms shall be deemed non-responsive and shall not be considered.

Additional sheets required to fully respond to requested information are permissible. Bidders shall not modify the Bid Form or qualify their Bids. Bidders shall not submit scanned, re-typed, word-processed, or otherwise recreated versions of the Bid Form or other District-provided documents.

6. Signature. The Bid Proposal and all other documents submitted with the Bid Proposal which require a signature (“Bid Materials”) shall be executed by an individual with authority to bind the Bidder (“Bid Signatory”). Each Bid Signatory warrants and represents to the District that she/he is: (i) duly authorized by the Bidder to execute the Bid Proposal or Bid Materials, as applicable; and (ii) has authority to bind and commit the Bidder to the Bid Proposal or Bid Materials submitted to the District.

7. Erasures, Inconsistent or Illegible Bids. The Bid Proposal and Bid Materials submitted by a Bidder must not contain any erasures, interlineations, or other corrections (“Bid Changes”) unless the Bid Changes create no inconsistency and are authenticated by affixing in the margin immediately adjacent to a Bid Change the signature or initials of the Bid Signatory. In the event the District determines any Bid Proposal is unintelligible, inconsistent, or ambiguous, the District may reject such Bid Proposal as not being responsive to material bidding requirements.

8. Bidder 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 to Bidders. No oral or telephonic modification of any bid submitted will be considered.

9. 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.

10. Bidder Responsibility. Prior to award of the Contract, the District reserves the right to consider the responsibility of the Bidder. The District may conduct investigations as the District deems necessary to assist in the evaluation of the responsibility, including without limitation, qualifications and financial ability of the Bidder.

11. Complete Bid Proposal. Bidders must supply all information required by each Bid Document. Bids must be full and complete. The District reserves the right in its sole discretion to reject any Bid as non-responsive as a result of any error or omission in the Bid. Bidders must complete and submit all of the documents with the Bid Form as identified on the Checklist of Mandatory Bid Submittal.

12. Responsive Bid Proposal. A responsive Bid Proposal shall mean a Bid Proposal which conforms to and complies with material requirements of the Bid and Contract Documents. A Bid Proposal that does not conform to material bidding requirements, as reasonably determined by the District, is subject to rejection for non-responsiveness.

13. Bidder Due Diligence. Submission of 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 the District that Bidder has fully completed the following:

A. Bidder has visited the Project Site, if required, and has examined thoroughly and understands the nature and extent of the Contract Documents, Work, 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; and no additional examinations, investigations, explorations, tests, reports, studies, or similar information or data are or will be required by Bidder for such purposes;

C. Bidder has correlated its knowledge and the results of all such 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 their Bid Form and the Construction Services 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.

14. Designation of Subcontractors; Subcontractors List. Each Bidder shall submit a list of its proposed Subcontractors for the proposed Work who will perform/provide portions of the Work valued at or more than one-half (1/2) of one percent (1%) of the amount proposed by the Bidder for the Work, including any Alternate Bid Items as required by the Subletting and Subcontracting Fair Practices Act (California Public Contract Code §4100 et seq.) on the form of Designated Subcontractors List furnished with the Contract Documents.

A. The foregoing information is set forth in the Designated Subcontractors Form. Each Bidder must provide all information required in the Designated Subcontractors Form for each Subcontractor identified therein. Failure of a Bidder to provide all information required by the Designated

Subcontractors Form for a Subcontractor identified therein will result in rejection of the Bidder’s Bid Proposal for non-responsiveness.

B. Work of Subcontractors. All Bidders are referred to the Contract Documents and the notation therein that all Contract Documents are intended to be complimentary and that the organization or arrangements of the Specifications and Drawings shall not limit the extent of the Work of the Contract Documents.

Accordingly, all Bidders are encouraged to disseminate all of the Specifications, Drawings and other Contract Documents to all persons or entities submitting sub-bids to the Bidder. The omission of any portion or item of Work from the Bid Proposal or from the sub-bidders’ sub-bids which is/are necessary to produce the intended results and/or which are reasonably inerrable from the Contract Documents is not a basis for adjustment of the Contract Price or the Contract Time. Dissemination of the Contract Documents to sub-bidders and dissemination of addenda issued during the bidding process is solely the responsibility of each Bidder.

C. Subcontractor Bonds. Pursuant to California Public Contract Code §4108, if a Bidder requires a bond or bonds of its Subcontractor(s), whether the expense of procuring such bond or bonds are to be borne by the Bidder or the Subcontractor(s), such requirements shall be specified in the Bidder’s written or published request for sub-bids. Failure of the Bidder to comply with these requirements shall preclude the Bidder from imposing bonding requirements upon its Subcontractor(s) or rejection of a Subcontractor’s bid under California Public Contract Code §4108(b).

15. Withdrawal or Modification of Submitted Bid Proposal. A Bidder may not withdraw or modify a Bid Proposal submitted to the District except in strict conformity to the following. Bid Proposals may be withdrawn or modified only if: (i) the Bidder submitting the Bid Proposal submits a request for withdrawal or modification in writing to the District; and (ii) the written withdrawal or modification request is actually received by the District prior to the latest date/time for submittal of Bid Proposals. Requests for withdrawal of a Bid Proposal after the public opening of Bid Proposals pursuant to Public Contract Code §5100 et seq.

will be considered only if in strict conformity with requirements of Public Contract Code §5100 et seq.

16. Contractor’s License. No Bid Proposal will be considered from a Bidder who, at the time Bid Proposals are opened, is not licensed to perform the Work of the Contract Documents, in accordance with the Contractors’ License Law, California Business & Professions Code §7000 et seq. This requirement is not a mere formality and will not be waived by the District or its Board of Trustees. The required California Contractors’ License classification(s) for the Work is set forth in the Notice to Bidders.

17. 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, the District only warrants, and Bidder may only rely, on the accuracy of limited types of information.

A. Above Ground Conditions and Data. 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 representation express or implied, that such information is correctly shown or indicated. This information is verifiable by independent investigation and Bidder is required to make such verification as a condition to bidding.

In submitting their Bid, Bidder shall rely on the results of their own independent investigation. In submitting their Bid, Bidder shall not rely on the District-supplied information regarding above-ground conditions or as-built conditions.

B. Subsurface Data. By executing the Construction Services Agreement, the Contractor acknowledges that it has examined the boring data and other available subsurface data and has satisfied itself as to the character, quality and quantity of surface and subsurface materials, including without limitation, obstacles which may be encountered in performance of the Work. Subsurface data or other soils investigation report provided by the District hereunder are not a part of the Contract Documents.

Information contained in such data or report regarding subsurface conditions, elevations of existing grades, or below grade elevations are approximate only and is neither guaranteed or warranted by the District to be complete and accurate. The District assumes no responsibility for any conclusions or interpretations of the Contractor on the basis of available subsurface data or other information furnished by District under the Contract Documents.

18. Examination of Site and Contract Documents. Each Bidder shall, at its sole cost and expense, inspect the Site and to become fully acquainted with the Contract Documents and conditions affecting the Work. Failure of a Bidder to receive or examine any of the Contract Documents or to inspect the Site shall not relieve such Bidder from any obligation with respect to the Bid Proposal, or the Work required under the Contract Documents. The District assumes no responsibility or liability to any Bidder for, nor shall the District be bound by, any understandings, representations or agreements of the District’s agents, employees or officers concerning the Contract Documents or the Work made prior to execution of the Contract which are not in the form of Bid Addenda duly issued by the District. The submission of a Bid Proposal shall be deemed prima facie evidence of the Bidder’s full compliance with the requirements of this section.

19. As-Builts. Bidders may examine any available “as-built” drawings of previous work by giving the District reasonable advance notice. District will not be responsible for accuracy of “as-built” drawings. The document entitled Existing Conditions applies to all supplied “as-built” drawings.

20. Pre-Bid Questions. All Bidder questions about the meaning or intent of the Contract Documents shall be directed to the District in writing by email to facilitiesbid@rsccd.edu (“Pre-Bid Questions”), referencing the applicable bid number in the subject line, by utilizing the District’s Pre-Bid Clarification Form provided within. Pre-Bid Questions and requests for clarifications must be submitted to the District by 5:00 P.M.

August 3, 2026. Bidders are solely responsible for submission of Pre-Bid Questions prior to such time/date;

the District will not respond to Pre-Bid Questions submitted after such time/date. Responses to timely submitted Pre-Bid Questions will be in the form of Addenda posted on the District’s Purchasing Department webpage. Bidders are solely responsible for review of the District’s Purchasing Department webpage to obtain Addenda issued during the bidding process. No person is authorized to: (i) render an oral interpretation, correction or modification of any portion of the Contract Documents; or (ii) provide oral responses to Pre-Bid Questions. No Bidder may rely on any such oral interpretation, correction, modification or response.

21. Addenda. Each Addenda shall be part of the Contract Documents. Pursuant to the Notice to Bidders, the District will not distribute Addenda to Bidders. All addendums issued for this project will be issued by posting on the District’s website (www.rsccd.edu then click on “Bid Opportunities”) then search the project by the bid number and project title. Bidders are solely responsible for regularly checking the website for Addenda.

22. District’s Right to Modify Contract Documents. Before the public opening and reading of Bid Proposals, the District may modify the Work, the Contract Documents, or any portion(s) thereof by the issuance of written addenda posted on the District’s Purchasing Department webpage who have obtained a copy of the Specifications, Drawings and Contract Documents pursuant to the Notice to Bidders. If the District issues any addenda during the bidding, the failure of any Bidder to acknowledge such addenda in its Bid Proposal will render the Bid Proposal non-responsive and rejected.

23. Bidder’s Assumptions. The District is not responsible for any assumptions made or used by the Bidder in calculating its Bid Proposal Amount including, without limitation, assumptions regarding costs of labor, materials, equipment or substitutions/alternatives for any material, equipment, product, item or system incorporated into or forming a part of the Work which have not been previously expressly approved and accepted by the District. The successful Bidder, upon award of the Contract by the District, if any, will be required to complete the Work for the amount bid in the Bid Proposal within the Contract Time and in accordance with the Contract Documents.

mailto:facilitiesbid@rsccd.edu http://www.rsccd.edu/ https://rsccd.edu/Departments/Purchasing/Pages/Bidding-Opportunities.aspx

24. Bidders Interested in More Than One Bid Proposal; Non-Collusion Affidavit. No person, firm, corporation or other entity shall submit or be interested in more than one Bid Proposal for the same Work;

provided, however, that a person, firm or corporation that has submitted a sub-proposal to a Bidder or who has quoted prices for materials to a Bidder is not disqualified from submitting a sub-proposal, quoting prices to other Bidders or submitting a Bid Proposal for the proposed Work to the District. The form of Non- Collusion Affidavit included in the Contract Documents must be completed and duly executed on behalf of the Bidder; failure of a Bidder to submit a completed and executed Non-Collusion Affidavit with its Bid Proposal will render the Bid Proposal non-responsive.

25. Preference for Materials, Equipment, Product or Service Substitutions. Whenever the Contract Documents indicate any designated material, equipment, product or service or any specific name, make, trade name, or catalog number, with or without the words, “or equal,” such designation shall be read as if the language “or equal” is incorporated. Such designation shall be deemed to establish a minimum standard of quality or performance and shall not be construed as limiting competition. All requests for substitution, together with the substantiating information and/or documentation establishing the equivalency of a proposed substitution or alternative for designated material, equipment, product or service, shall be submitted by Contractor no later than Five (5) calendar days prior to the scheduled bid opening date; any request for approval of proposed alternatives or substitutions submitted thereafter may be rejected summarily. The foregoing notwithstanding, if any material, equipment, product, service or other item is designated in the Contract Documents as a “District Standard” or similar words/terms, the District shall be deemed to have made a finding that such material, equipment, product, service or other item is designated and specified pursuant to Public Contract Code §3400 to match other materials, equipment, products, services or other item in use in a completed or to be completed work of improvement and not subject to substitution. If any material, equipment, product, service or other item is identified in the Contract Documents as being the only source of the material, equipment, product, service or other item necessary to accomplish the intended result(s), such material, equipment or other item shall be deemed a "sole source" and shall not be subject to substitution.

26. Substitution for Designated Materials, Equipment, Product and/or Services. Bids shall be based on the materials, equipment, products, services, and systems designated in Contract Documents or approved substitutions listed by name in Addenda. All requests must comply with the requirements specified in Article 16 of the General Conditions and Specification Section 016000.

27. Rejection of Bids. The District reserves the right to reject any or all bids, including without limitation, the right to reject any or all nonconforming, non-responsive, unbalanced, or conditional Bids, to re-bid, and to reject the Bid of any Bidder if the District believes that it would not be in the best interest of the District to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by the District.

The District also reserves the right to waive inconsequential deviations not involving price, time, or changes in the Work. For purposes of this paragraph, an “unbalanced bid” is one having nominal prices for work item(s) that represent substantive work and/or overly-enhanced prices for nominal work item(s).

28. Bid Protests.

A. Submittal of Bid Protest. Any Bidder submitting a Bid Proposal to the District may file a protest of the District’s intent to award the Contract provided that all of the following are complied with: (i) the bid protest is in writing; (ii) the bid protest is filed and received by the District’s Assistant Vice Chancellor, c/o Carri Matsumoto, Facility Planning, Construction and District Support Services located at 2323 North Broadway, Suite 112, Santa Ana, CA 92706 before 5:00 P.M. not more than five (5) calendar days from the date of the bid opening; and (iii) the written bid protest sets forth, in detail, all grounds for the bid protest, including without limitation all facts, supporting documentation, legal authorities and argument in support of the grounds for the bid protest; any matters not set forth in the written bid protest shall be deemed waived. All factual contentions must be supported by competent, admissible, and creditable evidence. Any bid protest not conforming to the foregoing shall be rejected by the District as invalid.

B. District Review and Disposition of Bid Protest. Provided that a bid protest is filed in strict conformity with the foregoing, the District’s Assistant Vice Chancellor, Facility Planning, Construction and District Support Services or such individual(s) as may be designated by him/her (“Designee”) will review and evaluate the basis of the bid protest. The District’s Assistant Vice Chancellor, Facility Planning, Construction and District Support Services, or Designee shall provide the Bidder submitting the bid protest with a written statement concurring with or denying the bid protest (“Bid Protest Response”).

The Bid Protest Response is deemed the final action of the District and not subject to appeal or reconsideration by any other employee or officer of the District or the Board of Trustees of the District.

The issuance of the Bid Protest Response by the District’s Assistant Vice Chancellor, Facility Planning, Construction and District Support Services, or the Designee is an express condition precedent to the institution of any legal or equitable proceedings relative to the bidding process, the District’s intent to award the Contract, the District’s disposition of any bid protest or the District’s decision to reject all Bid Proposals. If any such legal or equitable proceedings are instituted and the District is named as a party thereto, the prevailing party(ies) shall recover from the other party(ies), as costs, all attorneys’ fees and costs incurred in connection with any such proceeding, including any appeal arising therefrom. Each Bidder shall acknowledge in the Bid Proposal that the foregoing is a binding attorneys’ fee agreement pursuant to Civil Code §1717 and shall be enforceable against the Bidder and the District.

29. Alternates and Determination of Lowest Responsive Bid. The Contract may include alternates.

Alternates are defined as alternate products, materials, equipment, systems, methods, or major elements of the construction that may at the District's option and under terms established in the Contract and pursuant to Section 20103.8 of the Public Contract Code, be selected for the Work. The District shall award the Contract, if it awards it at all, to the lowest responsive responsible bidder based on the criteria as indicated in the Notice to Bidders.

30. Determination of Lowest Responsive Bid. The lowest responsive bid for the Work shall be determined as the lowest bid shall be the lowest bid price on the total base amount.

31. Award to Lowest Responsive Responsible Bidder. If the Bidder submitting this Bid Proposal is awarded the Contract, the undersigned will execute and deliver to the District the Construction Services Agreement in the form attached hereto within five (5) calendar days after notification of award of the Contract.

Concurrently with delivery of the executed Construction Services Agreement to the District, the Bidder awarded the Contract shall deliver to the District the documents identified on the checklist for Bid documents upon receipt of the Award Letter. Failure of the Bidder awarded the Contract to strictly comply with the preceding may result in the District’s rescinding award of the Contract and/or forfeiture of the Bidder’s Bid Security. In such event, the District may, in its sole and exclusive discretion elect to award the Contract to the responsible Bidder submitting the next lowest priced Bid Proposal or to reject all Bid Proposals.

32. Agreement and Bonds. The Construction Services Agreement which the successful Bidder, as Contractor, will be required to execute along with the forms Labor and Material Payment Bond, Performance Bond and other documents and instruments which are required to be furnished are included in the Contract Documents and shall be carefully examined by the Bidder. The required number of executed copies of the Construction Services Agreement and the form and content of the Performance Bond and the Labor and Material Payment Bond and other documents or instruments required at the time of execution of the Construction Services Agreement are specified in the Contract Documents.

33. Bid Security Return. The Bid Security of the Bidders submitting the three lowest priced Bid Proposals, the number being solely at the discretion of the District, will be held by the District for ten (10) days after the period for which Bid Proposals must be held open (which is set forth in the Call for Bids) or until posting by the successful Bidder(s) of the bonds, certificates of insurance required and return of executed copies of the Construction Services Agreement, whichever first occurs, at which time the Bid Security of such other Bidders will be returned to them.

34. 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, workload, organization available for the performance of the Contract, and other factors pertinent to a Project of the scope and complexity involved.

35. Notice to Proceed. The District may issue a Notice to Proceed within 90 calendar days from the date of the Notice of Intent to Award. Upon receipt of the Notice to Proceed, the Contractor shall complete the Work within the period indicated in the Contract Documents. It is further expressly understood by Contractor that Contractor shall not be entitled to any claim of additional compensation or additional time when the Notice to Proceed is issued within the 90 calendar days.

A. The District may postpone issuing the Notice to Proceed beyond the 90 calendar days, upon reasonable notice to Contractor.

B. It is further expressly understood by the Contractor that the Contractor shall not be entitled to any claim of additional compensation as a result of the postponement of the issuance of the Notice to Proceed beyond the 90 calendar days. If the Contractor believes that a postponement will cause a hardship to it, the Contractor may terminate the Contract with written notice to the District within ten (10) days after receipt by the Contractor of the District’s notice of postponement. Should the Contractor terminate the Contract as a result of a notice of postponement, the District shall have the authority to award the Contract to the next lowest responsible Bidder, if applicable.

C. It is further understood by the Contractor that in the event the Contractor terminates the Contract as a result of postponement by the District, the District shall only be obligated to pay the Contractor for the Work that the Contractor had performed at the time of notification of postponement and which the District had in writing authorized Contractor to perform prior to issuing a Notice to Proceed.

D. Should the Contractor terminate the Contract as a result of a notice of postponement, the District shall have the authority to award the Contract to the next lowest responsive responsible Bidder.

36. Iran Contracting Act Certification. Bidders shall submit the Iran Contracting Act Certification with their Bids. Bids submitted without the Iran Contracting Act Certification shall be deemed non-responsive and will not be considered.

37. Workers’ Compensation Insurance. Pursuant to California Labor Code § 3700, the successful Bidder shall secure Workers’ Compensation Insurance for its employees engaged in the Work of the Contract. The successful Bidder shall execute and deliver to the District the form of Workers Compensation Certification included in the Contract Documents concurrently with such Bidder’s delivery of the executed Construction Services Agreement to the District.

38. Prevailing Wages. Pursuant to sections 1770 et seq. of the California Labor Code, the Contractor and all Subcontractors shall pay all workers on all work performed pursuant to the Contract not less than the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work as determined by the Director of the State of California Department of Industrial Relations (DIR) for the type of work performed and the locality in which the work is to be performed within the boundaries of the District.

Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by the DIR are available from the District or on the internet (http://www. dir.ca.gov).

39. Non-Discriminatory Employment Practices. It is the policy of the District that 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, marital status or other legally protected classification. All Bidders agree to comply with the District’s non-discrimination policy and all applicable Federal and California anti-discrimination laws including but not limited to the California Fair Employment & Housing Act beginning with California Government Code §§ 12940 et seq. and California Labor Code § 1735. In addition, all Bidders agree to require like compliance by any Subcontractor employed by them on the Work of the Contract.

40. Debarment. Bidder may also be subject to debarment, in addition to seeking remedies for False Claims under Government Code Section 12650 et seq. and Penal Code Section 72, the District may debar a Contractor if the Board, or the Board may designate a hearing officer who, in their discretion, finds the Contractor has done any of the following:

A. Intentionally or with reckless disregard, violated any term of a contract with the District

B. Committed an act or omission which reflects on the Contractor’s quality, fitness, or capacity to perform work for the District;

C. Committed an act or offense which indicates a lack of business integrity or business honesty; or, D. Made or submitted a false claim against the District or any other public entity (See Government Code Sections 12650, et seq., and Penal Code Section 72)

41. Compliance with Immigration Reform and Control Act of 1986. The Bidder is solely and exclusively responsible for employment of individuals for the Work of the Contract in conformity with the Immigration Reform and Control Act of 1986, 8 USC §§1101, et seq. (the “IRCA”); the successful Bidder shall also require that any person or entity employing labor in connection with any of the Work of the Contract shall so similarly comply with the IRCA.

42. Public Records. Bid Proposals and other documents responding to the Notice to Bidders become the exclusive property of the District upon submittal to the District. Pursuant to these Instructions for Bidders, all Bid Proposals and other documents submitted in response to the Notice to Bidders become a matter of public record and shall be thereupon be considered public records, except for information contained in such Bid Proposals deemed to be Trade Secrets (as defined in California Civil Code § 3426.1).