1003980 East 12th Street Bikeway Project Special Provisions 05-26-2026.pdf

Project Special Provisions 1 Bid Documents: June 18, 2024 Update

Project No. & Name: 1003980 E 12th Bikeways Project

CITY OF OAKLAND

STANDARD SPECIFICATIONS

FOR

PUBLIC WORKS CONSTRUCTION

AKA

“SPECIAL PROVISIONS”

The work to be performed under the contract includes the work described in the Notice to Bidders, all items listed in the Bid Schedule, and work shown on the plans or included in the project specifications.

The work shall be performed in accordance with:

1. The “Standard Specifications for the Public Works Construction, 2015 Edition” adopted by City Council Ordinance No. 13455 C.M.S. on October 3, 2017 (aka Greenbook and hereinafter referred to as the “Standard Specifications”); and

2. These Special Provisions that modify said Standard Specifications; and

3. The “City of Oakland Standard Details for Public Works Construction 2002 Edition”

(hereinafter referred to as the “Standard Details”); and

4. The latest State of California, Department of Transportation, “Standard Specifications and

Standard Plans”, shall apply for certain applicable State Standard drawings that are specified herein.

The section numbers used herein (e.g., “1-2 DEFINITIONS”) correspond to the section numbers of the Standard Specifications that are modified by the Special Provisions.

Copies of said Standard Specifications (GREEN BOOK) may be purchased through http://www.bnibooks.com. A digital version of the Standard Details is available online at https://www.oaklandca.gov/resources/standard-details-for-public-works-construction

Project Special Provisions 2 Bid Documents: June 18, 2024 Update

TABLE OF CONTENTS

SECTION 1 - TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND

SYMBOLS 3

SECTION 2 - SCOPE AND CONTROL OF WORK 4

SECTION 3 - CHANGES IN WORK 10

SECTION 4 - CONTROL OF MATERIALS 15

SECTION 5 - UTILITIES 17

SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 19

SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 23

SECTION 9 - MEASUREMENT AND PAYMENT 38

PART 2 - CONSTRUCTION MATERIALS 42

SECTION 200 -- ROCK MATERIALS 42

SECTION 201 -- CONCRETE, MORTAR AND RELATED MATERIALS 42

SECTION 206 – MISCELLANOUS METAL ITEMS 60

SECTION 210 -- PAINT AND PROTECTIVE COATINGS 60

SECTION 211 - MATERIAL TESTS 60

SECTION 213-ENGINEERING GEOSYNTHETICS 63

SECTION 214-TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND

PAVEMENT MARKERS 63

SECTION 215 – NOT USED 64

SECTION 216 – PRECAST REINFORCED CONCRETE BOX 64

SECTION 217 – BEDDING AND BACKFILL MATERIALS 64

SECTION 300-EARTHWORK 65

SECTION 301 – SUBGRADE PEPARATION, TREATED MATERIALS, AND

PLACEMENT OF BASE MATERIALS 65

SECTION 302 - ROADWAY SURFACING 66

SECTION 303 – CONCRETE AND MASONRY CONSTRUCTION 69

SECTION 304 – METAL FABRICATION AND CONSTRUCTION 82

SECTION 306 – OPEN TRENCH CONDUIT CONSTRUCTION 83

SECTION 310 – PAINTING 89

SECTION 313 – PAVEMENT BASE REPAIR 93

SECTION 314 – TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS,

DELINEATORS, AND PAVEMENT MARKERS 94

PART 4 -- ROCK PRODUCTS 96

SECTION 400 – ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND

CEMENT CONCRETEAND UNTREATED BASE MATERIAL 96

PART 5 – PIPELINE SYSTEM REHABILITATION 96

PART 6 – TEMPORARY TRAFFIC CONTROL 97

SECTION 600 – ACCESS 97

SECTION 601 – WORK AREA TRAFFIC CONTROL 97

PART 7 - STREET LIGHTING AND TRAFFIC SIGNAL SYSTEMS

SECTION 700 – MATERIALS

PART 8 – LANDSCAPING AND IRRIGATION 137

ADD THE FOLLOWING: 146

PART 9 – EAST 12TH STREET OVERCROSSING 146

SECTION 900 – PEDESTRIAN FENCING 146

Project Special Provisions 3 Bid Documents: June 18, 2024 Update

PART 1 - GENERAL PROVISIONS

Part 1 of the Special Provisions shall conform to Part 1 of the Standard Specifications except as modified herein.

SECTION 1 - TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND

SYMBOLS

1-2 DEFINITIONS.

CHANGE THE DEFINITIONS OF THE FOLLOWING WORDS OF SUBSECTION 1-2:

Addendum: A change or changes made in one or more of the contract documents after bids are invited and before bids are received.

Agency: The City of Oakland, California, a municipal corporation.

Board: The Council of the City of Oakland.

Contract: The written agreement covering performance of the work including, but not limited to, the executed formal contract, Notice to Bidders, proposal, bonds, plans, specifications, addenda and any executed change orders.

Engineer: The City Engineer of the City of Oakland, acting either directly or through authorized agents, such agents acting within the scope of the particular duties entrusted to them.

ADD THE FOLLOWING NEW DEFINITIONS TO SUBSECTION 1-2:

Acceptance: The Engineer’s formal written acceptance of an entire contract that has been completed in all respects in accordance with the plans and specifications and any modifications thereof previously approved.

Architect: Same as "Engineer."

Building Sewer: The 4-inch, 5-inch, 6-inch, or 8-inch sewer pipe, also known as "lateral", within both the public right-of way and the private property connecting the building or house to, and including, the connection at the public sewer in the right-of-way or easement. Includes both the "house sewer" and the "house connection sewer."

Building Sewer Connection: (House Connection) The connection at the public sewer in the public right-of-way or easement, to the 4-inch, 5-inch, 6-inch, or 8-inch building sewer.

City: Same as "Agency."

City Clerk: The City Clerk of the City of Oakland.

Council: Same as "Board."

City Administrator: City Administrator of the City of Oakland.

City Treasury: City Treasury of the City of Oakland.

Contract Services: The Contract Services Division of the Department of Public Works. This division is responsible for advertising, bidding and executing the contracting process.

Contract Compliance: The Contracts and Compliance Division of the City Administrator's Office.

Contract Compliance Officer: A subordinate of the Contracts and Compliance Division who is responsible for enforcement of the labor, subcontractor, and supplier provisions of the contract.

Electrolier Standard: The shaft or pole used to support the luminaire arm, luminaire, etc.

Inspector: Same as "Engineer."

Hearing Officer: The Engineer or his/her designee. The Hearing Officer shall be at least one administrative level above the Inspector or Resident Engineer assigned to the project.

Laboratory: The official materials testing laboratory of the City of Oakland or other laboratories authorized by the Engineer to provide quality assurance. The records and reports of tests may be examined if they are available at the job site.

Landscape Architect: Same as "Engineer."

Local Public Agency: The City of Oakland.

Lower Lateral: (House Connection Sewer) That portion of the building sewer existing from the

Project Special Provisions 4 Bid Documents: June 18, 2024 Update building sewer connection to the Two-Way cleanout.

Owner: The City of Oakland.

Payment Bond: Material and Labor Bond.

Performance Bond: Faithful Performance Bond.

Public Body: The City of Oakland.

Specifications: The term used herein refers to both the Standard Specifications and Special Provisions.

Two-way Cleanout: (Also known House Connection Cleanout or 2-Way Cleanout.) A 4-inch or 6-inch two-way fitting, no hub, cast iron cleanout installed on the building sewer within the public right-of-way.

Upper Lateral: (House Sewer) That portion of the building sewer existing from the Two-Way Cleanout to the building connection.

1-3 ABBREVIATIONS.

ADD THE FOLLOWING NEW ABBREVIATIONS TO SUBSECTION 1-3:

ABAG: Association of Bay Area Governments ADA: Americans with Disability Act CAL-OSHA: California Occupational Safety and Health Administration CALTRANS: California Department of Transportation EBMUD: East Bay Municipal Utility District HR: Hour OMC: Oakland Municipal Code OPW: Oakland Public Works Department of the City of Oakland ISA: International Society of Arboriculture PAV: Pressure Aging Vessel RTFO: Rolling Thin Film Oven PG: Performance Graded SFRWQCB: San Francisco Regional Water Quality Control Board

SECTION 2 - SCOPE AND CONTROL OF WORK

CHANGE SUBSECTION 2-1 TO READ:

2-1 AWARD AND EXECUTION OF THE CONTRACT.

2-1.1 City Ordinance. The bidder shall conform to provisions of Ordinance No. 7937 CMS of the City of Oakland, as amended, that may be applicable to its bid or to the contract awarded it.

2-1.2 Approximate Estimate. Unless otherwise specified in the Special Provisions or bid documents as being lump sum items, any quantities given in the specifications, proposal and contract forms are approximate only, being given as a basis for comparing bids. The City of Oakland, does not, expressly or by implication, agree that the actual work amount will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work, as may be deemed necessary or advisable by the Engineer.

2-1.3 Examination of Plans, Specifications, and Site of Work. The bidder shall examine carefully the contemplated work site and the proposal, plans, specifications and contract forms. It will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and quantities of work to be performed and materials to be furnished, and as to the requirements of these specifications and the contract. It is mutually agreed that submission of a proposal shall be considered prima facie evidence that the bidder has made such examination.

2-1.4 Proposal Form. All proposals must be made upon forms contained in the proposal section of the bound project documents.

Bids are required for the entire work. The bid amount, for comparison purposes, will be the total of all items. The total of unit basis items will be determined by extension of the item price bid on the basis of the estimated quantity set forth for the item.

The bidder shall set forth for each item of work, in clearly legible figures, an item price and a total price for the item in the respective spaces provided for this purpose. In the case of unit basis items, Project Special Provisions 5 Bid Documents: June 18, 2024 Update the amount set forth under the "Total" column shall be the extension of the item price bid on the basis of the estimated quantity.

In case of a discrepancy between the item price and the total set forth for the item, the item price shall prevail. However, if the amount set forth as an item price is ambiguous, unintelligible, or uncertain for any cause, or if omitted, or in the case of unit basis items, is the same amount as the entry on the "Total" column, then the amount set forth in the "Total" column for the items shall prevail in accordance with the following:

1) As to lump sum items, the amount set forth in the "Total" column shall be the item price.

2) As to unit basis items, the amount set forth in the "Total" column shall be divided by the estimated quantity for the item and the price thus obtained shall be the item price. All bids shall be clearly and distinctly written. The bidder, who shall fill in all blanks in the proposal forms as therein required, shall sign the proposal.

3) As to add or subtract alternate bids, any discrepancy between the proposal form and changes made by the bidder, the amount shown will be for the alternate as shown on the proposal form.

2-1.5 Bid Security. Each bidder shall submit with the bid security either cash, certified check or cashier's check of or on some responsible United States Bank, in favor of and payable at sight to the City of Oakland, in an amount not less than ten percent (10%) of the base bid amount. The Contractor must use only the City of Oakland bid security form included with the project documents; bid security forms originating from other institutions will not be accepted. Any contractors not complying with this requirement may be determined to be non-responsive/non-responsible bidders.

To be valid, the original copy must be delivered to the City Clerk's Office within 24 hours of the time and date of the bid opening. If the bidder to which the contract is awarded shall, for 20 calendar days after receipt of such contract, fail or neglect to enter into the contract and file the required bonds, the bid security shall be forfeited as liquidated damages. The City Administrator shall draw the money due on such bid security and pay the same or any cash deposited into the City Treasury, and under no circumstances shall it be returned to the defaulting bidder. In lieu of the foregoing, any bid may be accompanied by a surety bond on a forfeiture form supplied by the City of Oakland in said amount furnished by a corporate surety authorized to do a surety business in the State of California, guaranteeing to the City that said bidder will enter into the contract and file the required bonds within said period.

The bidder’s failure to enter into the contract after award will result in damages to the City. Such damages are, and will continue to be, impracticable and extremely difficult to determine.

All bid securities and bid bonds will be returned to the unsuccessful bidders after contract award to the successful bidder. The bid security and bid bond of the successful bidder shall be returned after execution of the contract and deposit of the necessary bonds.

If all the bids are rejected, all bids and bid bonds will be returned to the bidders.

2-1.6 Submission and Opening of Bids. All bids shall be sealed, identified as bids on the envelope, and submitted to the City Clerk at the place and time specified in the public Notice to Bidders. The City Administrator or his/her designated representative will open the bids, in public, at the time and place designated in the Notice to Bidders. Bids received after the specified time shall not be accepted, and shall be returned to the bidder unopened.

2-1.7. Rejection of Proposals. Proposals may be rejected if they contain erasures, interlineations, or irregularities of any kind. The Council reserves the right to reject any and all bids. The Council may reject the bid of any party who has been delinquent or unfaithful in any former contract with the City, and shall reject all bids other than the lowest responsible regular bid.

More than one proposal from an individual, firm, partnership, corporation or combination thereof under the same or different name will not be considered.

Reasonable grounds for believing that any individual, firm, partnership, corporation or combination thereof has a financial interest in more than one proposal for the work contemplated may cause the rejection of all proposals in which such individual, firm, partnership, corporation or combination thereof is interested. If there is reason for believing that collusion exists among bidders, any or all proposals may be rejected. Proposals in which the prices obviously are unbalanced may be rejected. If all bids are rejected, the Agency may again invite sealed proposals as in the first instance.

2-1.8 Complaints. Any bidder or other interested party desiring to enter a complaint against any part

Project Special Provisions 6 Bid Documents: June 18, 2024 Update or provision of these specifications or the requirements in bidding must file the same in writing in the Office of the City Clerk not later than five working days preceding the date set for submission of the bids.

2-1.8.1 Protests. Any bidder or other interested party desiring to protest against any party bid must file a written statement with the Office of the City Clerk not later than five (5) working days after the bid opening date.

2-1.8.2 Release From Bid. A bidder shall not be relieved of the bid unless by consent of the City, nor shall any change be made in the bid because of a mistake. A bidder may be relieved of its bid if:

a mistake is made; he or she gave the Contracts and Compliance Unit and the City Clerk notice within five working days after the bid opening of the mistake, specifying in the notice in detail how the mistake occurred; the mistake made the bid materially different than he or she intended it to be; and, the mistake was made in filling out the bid and not due to error in judgment or to carelessness in inspecting the work site, or in reading the plans and specifications.

2-1.9 Award of Contract. The contract award, if made, will be by the Council and will be to the lowest responsible bidder whose proposal complies with all the requirements of the Specifications and Ordinance No. 7937 CMS as amended. If the contract award is made within 90 days from opening of the bids, the Contractor will be required to hold the bid price. If the contract award is made more than 90 days, the contractor has the option to notify the City in writing to withdraw their bid within 5 working days from the contract award date. Otherwise, the contractor must hold the bid price. All bids will be compared on the basis of the Engineer's estimate of quantities of work to be done and/or lump sum bid items. The Council reserves the right to waive any informality or minor irregularity in the bids.

2-1.10 Contract Execution. The contract shall be signed by the successful bidder and returned together with the contract bonds, appropriate insurance documents and a copy of Form DE6 (Quarterly Wage Report) for the prime and subcontractors listed in the bid proposal, within 20 days after the receipt of such contract. If the bidder fails or refuses to enter into the contract to do the work, or fails to provide the contract bonds, appropriate insurance documents and the prime and subcontractor’s Form DE6 (Quarterly Wage Report) as required, then the certified check or bid bond accompanying this bid and the amount herein mentioned shall be forfeited, and/or a fine of $1,000 per day, shall be collected by the City of Oakland and paid into the City Treasury.

2-1.11 Return of Guaranty of the Successful Bidder. The check, or bid bond accompanying the accepted bid will be held by the City Clerk until the contract has been entered into, and the bonds accompanying the same are approved and filed, whereupon the certified check or bid bond will be returned to the successful bidder.

2-3 SUBCONTRACTS.

2-3.2 Self Performance.

REPLACE SUB-SECTION 2.3.2 WITH THE FOLLOWING:

The Contractor shall perform, with its own organization, Contract work amounting to at least 30 percent of the Contract Price except that any designated "Specialty Items" may be performed by subcontract and the amount of any such "Specialty Items" so performed will be deducted from the Contract Price before computing the amount required to be performed by the Contractor with its own organization. "Specialty Items" will be identified by the Agency in the Bid or in the Special Provisions.

Where an entire item is subcontracted, the value of work subcontracted will be based on the Contract Unit Price. When a portion of an item is subcontracted, the value of work subcontracted will be based on the estimated percentage of the Contract Unit Price. This will be determined from information submitted by the Contractor, and subject to approval by the Engineer.

ADD NEW SUBSECTION 2-3.4:

2-3.4 Miscellaneous. The Contractor may utilize the service of specialty Subcontractors on those parts of the work that, under normal contracting practices, is performed by specialty Subcontractors.

The Contractor shall not award any work to any Subcontractor without prior written approval of the City. Approval will not be given until the Contractor submits to the City a written statement concerning the proposed award to the Subcontractor, which statement shall contain such information

Project Special Provisions 7 Bid Documents: June 18, 2024 Update as the City may require.

The Contractor shall be as fully responsible to the City for the acts and omissions of persons directly employed by him.

The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind Subcontractors to the Contractor by the terms of the General Provisions and other contract documents insofar as applicable to the work of Subcontractors and to give the Contractor the same power as regards terminating any subcontract that the City may exercise over the Contractor under any provisions of the contract documents.

Nothing contained in this contract shall create any contractual relation between any Subcontractor and the City.

2-4 CONTRACT BONDS.

REPLACE THE SECOND AND THIRD SENTENCES OF THE FIRST PARAGRAPH WITH THE

FOLLOWING:

All surety bonds, including bid, performance and payment bonds, must be furnished by a corporate surety admitted in the State of California or Lloyds of London, except as follows:

• If the contract award is $5,000,000 or less, the surety bond may be furnished by a United States non-admitted corporate surety which appears on the Treasury List subject to the bonding limits which the Treasury List imposes on such surety; or,

• If the contract award is $1,000,000 or less, the surety bond may be furnished by a United States non-admitted corporate surety which has an A.M. Best rating of A+; or,

• If the contract award is $500,000 or less, the surety bond may be furnished by a United States non-admitted corporate surety that has an A.M. Best rating of A-.

ADD THE FOLLOWING AFTER THE SECOND SENTENCE OF THE THIRD PARAGRAPH:

The percentage of the Payment Bond shall be as listed in the Notice to Bidders. The Payment Bond shall guarantee payment of all claims for labor and material unfurnished, for amounts due under the Unemployment Insurance Act with respect to such work or labor, or any amounts required to be deducted, withheld and paid over to the Franchise Tax Board from the wages of employees pursuant to Section 18806 of Revenue and Taxation Code with respect to such work and labor as required by the California Civil Code Section 3247, et. seq.

REPLACE THE FOURTH PARAGRAPH WITH THE FOLLOWING:

The percentage of the Performance Bond shall be as listed in the Notice to Bidders. The Performance Bond shall guarantee faithful performance of all work, within the time prescribed, in a manner satisfactory to the Agency, and that all materials and workmanship will be free from original or developed defects. The Performance Bond must remain in effect until the end of all warranty periods set forth in the Contract.

2-5 PLANS AND SPECIFICATIONS.

2-5.1 General.

ADD THE FOLLOWING TO THE END OF SUBSECTION 2-5.1:

All work shall be performed in compliance with all applicable (most recent editions) federal, state and local codes, code amendments, and ordinances such as, but not limited to, the following:

• California Manual of Uniform Traffic Control Devices (MUTCD);

• Uniform Building Code, State Building Code,

• Uniform Plumbing Code,

• Uniform Mechanical Code,

• Uniform Fire Code,

• Uniform Electrical Code,

• "Work Area Traffic Control Handbook."

Unless otherwise noted in the contract documents, the Uniform Building Code shall apply to the construction, alteration or repair of all City facilities including bridges, pedestrian walkways, and pumping stations.

Project Special Provisions 8 Bid Documents: June 18, 2024 Update

2-5.3 Submittals.

2-5.3.1 General.

ADD NEW PARAGRAPHS AT END OF SUBSECTION 2-5.3.1.1 TO READ:

2-5.3.1.1 Electronic Submittals. The Contractor shall provide submittals in electronic format when possible and as directed by the City. The Contractor shall establish electronic submittal transfer application or sharable portals as necessary to transmit electronic submittal files too large to be submitted via email.

ADD NEW PARAGRAPHS AT END OF SUBSECTION 2-5.3.3 TO READ:

Attachment 1, the project submittal list, at the end of the Special Provisions details project submittal requirements. This list is intended to be comprehensive, but no claim for completeness is implied, and submittal of each and every item on the lists shall not relieve the Contractor of supplying all information needed, or of complying with any of the other requirements of the specifications.

Revised lists may be issued and items may be added to the list supplied.

The Contractor shall use Attachment 2, the submittal transmittal form at the end of the Special Provisions, to certify that the proposed submittal meets the requirements of the project Special Provisions and the Standard Specifications. This form indicates what party (i.e. Contractor = CONTR;

Subcontractor = SUB) shall sign the transmittal form.

The Contractor is responsible for providing all required submittals. The City may request additional itemized lists of materials, equipment and fixtures furnished and installed by the Contractor.

These requests for itemized lists shall be made in writing specifying the items and details required.

The Contractor shall provide these itemized lists within ten working days of the receipt of the written request. The Contractor’s failure to provide said lists will delay payment to the Contractor until such lists are received. In the event that material, equipment and fixture lists are requested and not timely received at the conclusion of field construction, the Engineer may withhold the retention payment until requested lists are received and approved by the Engineer.

The Contractor shall provide submittals showing the locking or theft-deterrent mechanisms to be installed on all City streetscape furniture such as trash receptacles, benches, tree grates, bollards, newspaper racks, etc. Such mechanisms shall be as recommended by the product manufacturer.

Such theft-deterrent devices shall not pose a tripping hazard to pedestrians. The Contractor shall not order these items until the Engineer has approved the locking procedure detailed in the submittal.

ADD NEW SUBSECTION 2-5.3.7 TO READ:

2-5.3.7 Submittal Schedule. The Contractor shall, within fifteen (15) calendar days after receipt from the City of the Notice to Proceed on this Contract, or another period of time as determined by the City, prepare and submit to the City, for Review and Concurrence, a comprehensive submittal schedule. This schedule shall identify all submittal items required by the Contract, or as otherwise requested by the City.

The submittal schedule shall include the date by which the item will be submitted to the City, whether the submittal is for approval or for record, the date by which approval is required, and the date by which the material or equipment must be on site in order not to delay the progress of the Work.

In preparing the submittal schedule, the Contractor shall consider the nature and complexity of each submittal item and shall allow adequate time for review, revision or correction, resubmittal, and approval sufficiently in advance of the construction requirements in order not to delay the progress of the Work. The submittal schedule shall allow adequate time for review of each submittal item prior to submittal to the City.

Review and Concurrence of the submittal schedule is a precondition to the City making the first progress payment under the payment provisions of this contract.

2-6 WORK TO BE DONE.

ADD NEW PARAGRAPH TO THE END OF SUBSECTION 2-6 TO READ:

Project Special Provisions 9 Bid Documents: June 18, 2024 Update

Any work done beyond lines and grades established by the Engineer pursuant to the plans or any extra work done without written authority of the Engineer, shall be considered as unauthorized work and no compensation will be allowed therefor. The Engineer shall have the authority to have such work removed and the area restored, and to deduct the cost thereof from money due the Contractor.

REPLACE SUBSECTION 2-8 WITH THE FOLLOWING:

2-8 RIGHT-OF-WAY. The Contractor shall perform work within the public right-of-way or easements shown on the plans. The right to enter onto private property outside the public right-of-way or easement shall be obtained in writing from the property owner by the Contractor at the Contractor's expense. Mobilization and staging areas outside the City right-of-way shall be obtained at the Contractor's expense.

The Contractor shall be solely responsible for damages to persons or property occurring during or as a result of the Contractor's entry onto private property outside the right-of-way or easement area.

The Contractor shall defend and hold the City harmless from any and all claims, causes of action, demands or judgments resulting from the Contractor's entry onto private property outside the right-of-way or easement area.

2-9 SURVEYING.

2-9.1 Permanent Survey Markers.

REPLACE THE LAST SENTENCE OF THE FIRST PARAGRAPH OF SUBSECTION 2-9.1 WITH

THE FOLLOWING:

The Contractor’s California-Licensed surveyor shall reference the location and file a corner record with the County Surveyor of Alameda for all known project monuments and provide official copies of the County’s corner records to the City Surveyor prior to doing any construction work. The Contractor shall note that it can take Alameda County Records Office up to four weeks to accept and file corner records. The unit price paid for each bid item Pre and Post Construction Monument Verification shall include full compensation for all labor, materials, surveying, incidentals, and filing costs as required by law.

If it is necessary to remove or replace a City monument in conjunction with the work associated with this contract, the Contractor shall provide two week’s notification to the office of the City Surveyor and, under the direction and supervision of the City Surveyor, the monument will either be temporarily removed and later replaced or it will be relocated to another location. The unit price for each bid item Reset Monument shall include full compensation for all labor, materials, surveying, incidentals, and filing costs as required by law for resetting (raising its frame and cover to meet new grades)/relocating a monument. Markers that otherwise are lost or disturbed by its operations shall be replaced at the Contractor's expense by a City survey crew or by a person licensed to practice land surveying in California as determined by the Engineer.

2-9.2 Survey Service.

DELETE SUBSECTION 2-9.2.

2-9.3 Private Engineers.

ADD THE FOLLOWING TO THE END OF SUBSECTION 2-9.3:

All surveying shall be performed by a person licensed to practice land surveying in California. Cut sheet shall be prepared and submitted to the Engineer for review and approval two weeks before performing work. The unit price for bid item Construction Survey and Staking shall include full compensation for all labor, materials, surveying, and staking required for all construction work.

2-10 AUTHORITY OF BOARD AND ENGINEER.

ADD THE FOLLOWING THREE PARAGRAPHS TO SUBSECTION 2-10:

No member of or Delegate of Congress, or Resident Commissioner shall be admitted to any share

Project Special Provisions 10 Bid Documents: June 18, 2024 Update or part of this contract or to any benefit that may arise there from, but this provision shall not be construed to extend to this contract if made with a corporation for its general benefit.

No official of the City who is authorized in such capacity and on behalf of the City to negotiate, make, accept or approve, or to take part in negotiating, making, accepting or approving any architectural, engineering, inspection, construction or material supply contract or any subcontract in connection with the construction of the project, shall become directly or indirectly interested personally in this Contract or in any part hereof. No officer, employee, architect, attorney, engineer or inspector of or for the City who is authorized in such capacity and on behalf of the City to exercise any legislative, executive, supervisory, or other similar functions in connection with the construction of the project, shall become directly or indirectly interested personally in this contract or in any part thereof, any material supply contract, subcontract, insurance contract or any other contract pertaining to the project.

Prior federal approval may be required on changes in the work and final acceptance.

ADD NEW SUBSECTION 2-13 TO READ:

2-13 RE-INSPECTION AT THE END OF THE WARRANTY PERIOD. The Contractor shall include in the bid the cost for re-inspection of completed work just prior to the expiration period of the warranty.

The Contractor and Engineer shall meet together on the project site to re-inspect all of the work just prior to the expiration of the warranty period. If any warranty items are discovered then corrective work shall be completed within 60 calendar days.

ADD NEW SUBSECTION 2-14 TO READ:

2-14 GPS COORDINATES AND VERTICAL DATUM. GPS coordinates shall be based on one of these two systems:

1. NAD_1983_StatePlane_California_III_FIPS_0403_Feet [NAD83] or in

2. WGS 84

The vertical datum shall be NAVD88.

SECTION 3 - CHANGES IN WORK

3-1 CHANGES REQUESTED BY THE CONTRACTOR.

REPLACE SUBSECTION 3-1.1 WITH THE FOLLOWING:

3-1.1 General. The General Contractor shall submit to the Engineer, in writing, requests for changes in products, materials, equipment, and construction methods required by the contract documents.

These requests for changes will be received and considered by the Engineer when the Contractor has demonstrated and/or indicated in writing that:

• the request does not require extensive revision to the contract documents;

• that the proposed changes are in keeping with the general intent of the contract documents;

and

• the request is timely, fully documented and properly submitted.

In addition, the requests for changes will only be considered if they do not impair, in any manner, essential project functions or characteristics, including but not limited to service life, economy of operation, ease of maintenance, desired appearance, or design and safety standards. These requests for changes shall be submitted only during the substitution period stipulated in the contract documents, or within 15 calendar days of the Notice to Proceed date if no substitution period is stipulated. All requests received more than 15 calendar days after the Notice to Proceed date or after the stipulated substitution period will be rejected.

It is not the intent of these Specifications to exclude the use of any meritorious product of equal value, however the burden of proof of equality lies with the Contractor. Proposed substitutions that increase the cost of Work or Contract Time will not be accepted.

Substitution requests shall meet the following requirements:

a) The Contractor shall present each substitution request individually. If the proposed

Project Special Provisions 11 Bid Documents: June 18, 2024 Update substitute is found to be not acceptable, then the specified item shall be supplied.

b) For any substitution request to be considered, it must be submitted in six copies, the first page of each shall be a completed Attachment 3, “MATERIAL OR PRODUCT OR METHOD SUBSTITUTION REQUEST. Attachment 3 (located in the Attachments section at the end of the Special Provisions) must be filled out within its entirety. The Contractor’s failure to do so will result in immediate return of the request to the Contractor without the City’s review.

c) If the City deems the proposed substitute to be acceptable, authorization for its inclusion in the Work will be issued as a Change Order with appropriate action.

d) The Contractor’s failure to order materials and/or equipment in a timely manner will not constitute justification for substitution.

e) A substitution request constitutes a representation that the Contractor:

(1) has investigated the proposed product/method of rehabilitation and determined that it meets or exceeds the quality level of the specified item;

(2) will provide the same warranty for the substitution as for the specified item;

(3) will coordinate installation and make changes to other work which may be required for the work to be completed with no additional cost to the City;

(4) waives claims for additional cost or time extension which may subsequently become apparent;

(5) waives claims and assume responsibilities at no cost to the City to resolve any conflict as a result of the substitution; and

(6) will reimburse the City for review or redesign services associated with re-evaluation process.

f) Substitutions will not be considered without separate written request when they are indicated or implied on shop drawing or product data submittals. Substitutions will also not be considered when acceptance will require untimely revisions to the Contract Documents.

g) No substitutions shall be incorporated in the project without the Engineer’s written approval.

The Engineer will render his/her written decision not later than 35 calendar days after receipt of any proposed substitutions.

h) The City may require the Contractor to furnish a written warranty, with adequate safeguards to the City, assuring satisfactory performance of a proposed substitute item or system for a stated minimum period of time, usually one year.

i) The Contractor’s failure to submit a proposed substitution for approval in the manner described above, and within ample time before scheduled installation, shall be deemed sufficient cause for the Engineer’s disapproval of any substitution otherwise proposed.

j) Substitutions may be considered when a product becomes unavailable through no fault of the Contractor.

Changes in the Plans and Specifications, requested in writing by the Contractor, which do not materially affect the Work and which are not detrimental to the Work or to the interests of the City, may be granted by the Engineer to facilitate the Work, when approved in writing by the Engineer.

3-2 CHANGES INITIATED BY THE AGENCY.

REVISE SUBSECTION 3-2.1 TO READ:

3-2.1 General. The Agency may change the plans, specifications, character of the work, or work quantity, provided the total arithmetic dollar value of all such changes, does not exceed 25 percent of the contract price.

The Agency delegates to the City Administrator or his/her designee the authority to approve such changes. Should it become necessary to exceed this limitation, the change shall be by written change order between the Contractor and the agency, and shall be approved by the City Council.

A contract change order, approved by the Engineer, may be issued to the Contractor at any time prior to contract completion. Upon receipt of the approved contract change order, the Contractor shall proceed with the ordered work. If ordered in writing by the Engineer, the Contractor shall proceed with the work so ordered prior to actual receipt of an approved contract change order therefore. In such cases, the Engineer will, as soon as practical, issue an approved contract change order for such work. The provisions in 3-5 "Disputed Work" shall be fully applicable to such subsequently issued contract change order.

Project Special Provisions 12 Bid Documents: June 18, 2024 Update

A contract change order, approved by the Engineer and executed by the Contractor, is an executed contract change order.

3-2.4 Agreed Prices.

ADD THE FOLLOWING TO THE END OF SUBSECTION 3-2.4:

Proposals for extra work submitted by the Contractor for increases or decreases to the contract price shall include a detailed cost estimate in the format and for the items described in Section 3-3.

3-3 EXTRA WORK.

3-3.2 Payment.

3-3.2.2 Basis for Establishing Costs.

REPLACE THE FIRST PARAGRAPH WITH THE FOLLOWING:

3-3.2.2.1 Labor. The Contractor will be paid the cost of labor for workers used in the actual and direct performance of the work. The labor cost will be the sum of the following:

1) Actual Wages. The actual wages paid shall include, but not limited to, base wages plus any employer payments to or on behalf of the workers for health and safety, pension, welfare, vacation, holiday, sick leave, union training and similar purposes.

2) Labor Surcharge. To the actual wages paid as defined in 1) above, will be added a labor surcharge set forth in the CALTRAN's publication entitled “Labor Surcharge and Equipment Rental Rates”, which is in effect on the date upon which the work is performed. This document is available on the web at http://www.dot.ca.gov/hq/construc/eqrr/Book_2015.pdf. The labor surcharge shall constitute full compensation for payments imposed by State and Federal laws for Workers' Compensation, Social Security, Medicare, Federal Unemployment, State Unemployment, and State Training taxes.

CHANGE THE LAST PARAGRAPH OF SUBSECTION 3-3.2.2.1 TO READ:

Indirect labor costs including, but not limited to, superintendence, office personnel, timekeepers, and maintenance mechanics shall be considered part of the markup of 3-3.2.3.1. All labor classifications used in the performance of extra work shall be subject to the Engineer’s approval.

3-3.2.2.3 Tool and Equipment Rental.

REPLACE THE SECOND PARAGRAPH OF SUBSECTION 3-3.2.2.3 WITH THE FOLLOWING

THREE PARAGRAPHS:

The Contractor will be paid for the use of contractor-owned equipment at the current rental rates in effect on the work date as listed for such equipment in the State of California, Department of Transportation publication entitled, "Equipment Rental Rate and General Prevailing Wage Rates."

The Engineer will establish a suitable rental rate if equipment other than that listed in the above publication is used for the work performance.

Equipment rented and not owned by the Contractor will be paid for at the actual rental rates from rental invoices provided by the Contractor. The rental time to be paid for equipment on extra work shall be the time the equipment is in operation on the extra work being performed and twice the time required to move the equipment to the location of the extra work. However, moving time will not be paid for if the equipment is used at the site of the extra work on other than such extra work. The rental time paid per day will be in accordance with the following:

Hours Equipment is in Operation Hours to be Paid 0-2 2 2-4 4 4-6 6 6-8 8

Equipment at the work site idled due to unforeseen events not caused by the Contractor may be compensated for, as approved, by the Engineer. Compensation will be computed using the delay factor, overtime factor and rental rates listed for equipment in the most recently published State of California Department of Transportation publication entitled "Equipment Rental Rate and General Prevailing Wages."

Project Special Provisions 13 Bid Documents: June 18, 2024 Update

CHANGE SUBSECTION 3-3.2.3 TO READ:

3-3.2.3 Markup.

3-3.2.3.1 Work by the Contractor. The following percentages shall be added to the Contractor's direct costs and shall constitute the full markup for all overhead and profits. Direct labor cost is defined as actual wages plus labor surcharge.

Direct Labor Cost 33% Materials 15% Equipment Rental 15% Other Items and Expenditures 15%

This markup shall fully compensate the Contractor for all personnel not included in Section 3- 3.2.2(a) hereinabove, indirect labor costs, bond and insurance premium, temporary construction facilities, field engineering, schedule updating, As-Built drawings, home office cost, estimating cost, and any other indirect cost incidental to the performance of the change in Work.

3-3.2.3.2 Work by a Subcontractor. When all or any part of the extra work is actually performed by a first tier Subcontractor, the markup established in 3-3.2.3.1 shall be applied to the first tier Subcontractor’s actual cost of such work calculated under Section 3-3.2.2.1 hereinabove. The Contractor may add a markup of fifteen percent (15%) on the first $5,000 of the total subcontracted portion of the extra work and a markup of seven and one-half percent (7-1/2%) on work added in excess of $5,000 of the subcontracted portion of the extra work.

When the extra work is actually performed by a second or lower tier subcontractor, the total markup of the Contractor and the upper tier subcontractors shall not exceed eighteen percent (18%) on the first $5,000 of the total subcontracted portion of the extra work, and ten percent (10%) on work added in excess of $5,000 of the subcontracted portion of the extra work.

Markups on work performed by Subcontractors shall be considered full payment for estimating, handling, office processing and field superintendence of extra work.

3-5 DISPUTED WORK.

ADD THE FOLLOWING TWO PARAGRAPHSTO THE END OF SUBSECTION 3-5.

Should the Contractor disagree with any terms or conditions set forth in an approved contract change order that it has not executed, it shall submit a written protest to the Engineer within two weeks after the receipt of such approved contract change order, and proceed with the work. If a written protest is not submitted, payment will be made as set forth in the approved contract change order and such payment shall constitute full compensation for all work included therein or required thereby.

Such unprotested approved contract change orders will be considered as executed contractor change orders.

The procedures in Section 3-5 through Section 3-8 are established for disputes and claims related to the construction aspect of the work. For other disputes and claims, such as compliance with the City’s Small Local Business Enterprise Program, the Local Employment Program, prevailing wages, stop notices, etc., these procedures are not applicable.

ADD NEW SUBSECTION 3-6:

3-6 PROCEDURE FOR PROTEST BY THE CONTRACTOR.

If in disagreement with some aspect of the Work, the Contractor shall:

1. File a written Notice of Potential Claim with the Resident Engineer within five calendar days after the event creating the disagreement.

2. Supplement the written protest, within ten calendar days of its filing, with a written statement that:

a. Cites contract provisions that support the protest,

b. Estimates the dollar cost, if any, of the protested work, and

c. Estimates the amount of added time incurred, if any, and

3. Provide the Resident Engineer with a written statement of actual adjustment requested with supporting documentation as soon as possible.

Throughout any protested work, the Contractor shall keep records of costs and time incurred.

The Contractor shall furnish copies and permit the Resident Engineer access to these and any other

Project Special Provisions 14 Bid Documents: June 18, 2024 Update records needed in order to evaluate the protest.

The Resident Engineer will evaluate all protests and potential claims and provide a written answer to the Contractor within ten (10) calendar days of receipt of the supporting information described in

(2) and (3) above. If a protest is valid, the Engineer will adjust contract time or payment by an equitable amount. No adjustment will be made for an invalid protest.

If the Contractor does not agree with the ruling of the project Resident Engineer, the Contractor may pursue the protest further by filing a formal claim as outlined in Section 3-7.

By failing to follow the procedures of this subsection, the Contractor waives any claims for protested, claimed or disputed work.

ADD NEW SUBSECTION 3-7:

3-7 CLAIMS PROCEDURES.

For claims of $375,000 or less, the Contractor shall use the accelerated claims procedures outlined in Subsections 3-7 and 3-8 of these Special Provisions.

If the Contractor claims that additional payment or time is due and the Contractor has pursued and exhausted all the means provided in Sections 3-6 and 6-6 to resolve a dispute (protest or potential claim), the Contractor may file a claim as provided in this subsection.

A Claims Resolution Hearing will be held within thirty (30) calendar days of a properly filed claim.

The claim shall be addressed to the Supervising Civil Engineer or Construction Supervisor who will act as Hearing Officer. The Hearing Officer will render a written decision within ten calendar days of the close of the Claims Resolution Hearing.

If the written notifications provided in Sections 3-6 and 6-6 were not provided or if the Engineer is not afforded reasonable access to the Contractor’s records of actual cost and additional time incurred, or if a claim is not filed as provided in this subsection, then the Contractor agrees to waive any claim for additional payment or time. The fact that the Contractor has provided proper notification, provided a properly filed claim, or provided the Resident Engineer access to records of actual cost, shall not be construed as proving or substantiating the claim’s validity.

If the Hearing Officer determines that the claim has merit, the Resident Engineer will make an equitable adjustment either in the amount of costs to be paid or in the time required for the work, or both. If the Hearing Officer determines that the claim does not have merit, no adjustment will be made.

All claims filed by the Contractor shall be in writing and in sufficient detail to enable the Hearing Officer to ascertain the basis and amount of the claim. The City may request, in writing, any copies of any additional documentation supporting the claim or relating to defense to the claim the City may have against the contractor. At a minimum, the following information must accompany each claim submitted.

1. A statement indicating that the Contractor is filing the claim under Section 3-7 of the Special Provisions.

2. A detailed, factual statement of the claim for additional compensation and/or time, providing all necessary dates, locations, and items of work affected by the claim.

3. The name of each individual, official, or employee involved in or knowledgeable about the claim.

4. The specific provisions of the Contract that support the claim and a statement of the reasons such provisions support the claim.

5. Any documents and the written communications that support the claim, including but not limited to, daily reports, cancelled checks, original bid estimates and worksheets, payroll records, contracts with subcontractors, correspondences between contractor and subcontractors, etc.

6. If a time extension is sought:

a. The specific days and dates for which it is sought;

b. The specific reasons the Contractor believes a time extension should be granted;

c. An As-Built critical path schedule that identifies all events causing delays to the project’s critical path.

7. If additional compensation is sought, the exact amount sought and a breakdown of that amount into the following categories (refer to Section 3-3):

Project Special Provisions 15 Bid Documents: June 18, 2024 Update

a. Direct labor,

b. Direct materials.

c.…