SPECIFICATIONS AND OTHER BIDDING AND CONTRACT DOCUMENTS

ALAMEDA COUNTY BID # 902791

PWA FLOOD OFFICE CARPET REPLACEMENT

RESPONSE DUE:

Sealed Bids will be received until 2:00 pm, October 13, 2026 through

County of Alameda Procurement Portal

ALAMEDA COUNTY

GENERAL SERVICES AGENCY-BUILDING MAINTENANCE DEPARTMENT

https://procurement.opengov.com/portal/acgov

Alameda County General Services Agency PROJECT# 902791

ALAMEDA COUNTY, GENERAL SERVICES AGENCY-

BUILDING MAINTENANCE DEPARTMENT

TABLE OF CONTENTS

DIVISION 00 PROCUREMENT AND CONTRACTING REQUIREMENTS

00 01 09 Summary Bidding Calendar

00 01 15 List of Drawings

00 01 20 List of Schedules

00 11 16 Notice to Bidders

00 21 13 Instructions to Bidders

00 22 19 Elation Application and Project Stabilization/Community Benefits Agreement

00 31 19 Existing Conditions Information

00 31 32 Geotechnical Data

00 41 00 Bid Forms

00 41 13 Bid Form - Price Submission

00 45 26 Workers' Compensation Certification

00 45 46.01 Prevailing Wage and Related Labor Requirements Certification

00 45 46.04 Hazardous Materials Certification

00 45 46.06 Imported Materials Certification

00 51 00 Notice of Award

00 51 13 Notice of Intent to Award

00 52 13 Agreement Form - Stipulated Sum (Single-Prime Contract)

00 52 13.1 Debarment and Suspension Certification Form

00 55 00 Notice to Proceed

00 56 00 Escrow of Bid Documents

00 57 00 Escrow Agreement for Security Deposits in Lieu of Retention

00 61 13.13 Performance Bond Form

00 61 13.16 Payment Bond Form

00 65 19.26 Final Settlement Certificate Form

00 65 36 Warranty Form

00 72 13 General Conditions

00 73 13 Special Conditions

00 73 56 Hazardous Materials Procedures & Requirements

DIVISION 01 GENERAL REQUIREMENTS

01 11 00 Summary of Work

01 22 00 Unit Prices and Alternates

01 26 00 Contract Modifications

01 29 00 Payment Procedures

01 31 19 Project Meetings

01 33 00 Submittal Procedures

01 41 00 Regulatory Requirements

01 42 13 Abbreviations and Acronyms

01 42 16 Definitions and Reference Standards

01 43 00 Quality Assurance - Materials and Equipment

01 45 00 Quality Control

01 50 00 Temporary Facilities and Controls

01 62 00 Product Options and Substitutions

01 65 00 Delivery, Storage and Handling

01 71 23 Field Engineering

01 73 29 Cutting and Patching

01 74 19 Construction Waste Management

01 76 00 Protecting Installed Construction

01 77 00 Contract Closeout

01 78 23 Operation and Maintenance Instructions

01 78 36 Warranties

01 78 39 Project Record Documents

PROVISIONS ADDITIONAL CONTRACT PROVISIONS

County of Alameda The Iran Contracting Act (ICA) of 2010

Attachments:

A - Exhibit A - Floor Plan

B - Exhibit B - Floor Specifications

C - STD Exh C7 Bldr Risk (Construction)

D - Exhibit D - Existing Condition Requirements

DOCUMENT 00 01 09

SUMMARY BIDDING CALENDAR

NOTICE – THIS SUMMARY IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT LIST

ALL DATES, OR TIMES IN THE BIDDING DOCUMENTS. The dates and times listed may not be relied upon or enforced. This summary does not form a part of the contract documents and does not establish contractual obligations. All bidders and contractors must refer to the actual documents for all applicable dates, times and time periods.

Project Release Date: September 10, 2026

Pre-Bid Site Visit (Mandatory): September 24, 2026, 10:00am

951 Turner Court, Hayward, California

Pre-Bid Conference (Mandatory): September 24, 2026, 2:00pm

The pre-bid conference will be held online only via Microsoft Teams.

To Attend Online Visit:

https://teams.microsoft.com/meet/29974757

2566160?p=safrWpksMdr0gKnqW7

Meeting ID: 299 747 572 566 160;

Passcode: di6oB3Mq

Or Dial In: 1 415-915-3950; Phone conference ID: 463 477 692#

Written Question Deadline: September 29, 2026, 5:00pm

Request for Substitutions Deadline: September 29, 2026, 5:00pm https://teams.microsoft.com/meet/299747572566160?p=safrWpksMdr0gKnqW7

Bid Submission Deadline: October 13, 2026, 2:00pm

Bid Opening: Bids will be opened and publicly read aloud via online video via online video conference.

To Attend Online Visit:

https://teams.microsoft.com/meet/22128248

3995761?p=QpGWp20Cn04wGjZAJ7

Meeting ID: 221 282 483 995 761;

Passcode: vA7jF9Z3

Or Dial In: 1 415-915-3950; Phone conference ID: 372 455 475#

Estimated Date of Notice of Intent to Award: October 22, 2026

Last Day to Submit Bid Protest: October 29, 2026

Estimated Date of Notice of Award: December 22, 2026

Contract Duration: 180 Days

Contract Duration Begins: January 22, 2027

Contract Duration Ends: July 21, 2027 https://teams.microsoft.com/meet/221282483995761?p=QpGWp20Cn04wGjZAJ7

DOCUMENT 00 01 15

LIST OF DRAWINGS

Not used.

END OF DOCUMENT

DOCUMENT 00 01 20

LIST OF SCHEDULES

Not Used.

DOCUMENT 00 11 16

NOTICE TO BIDDERS

1. Notice is hereby given that The County of Alameda General Services Agency (“GSA”)

(“County” or “Owner”) will receive sealed bids for the following project, Bid No. 902791

(“Project” or “Contract”): PWA Flood Office Carpet Replacement (Project Name)

2. Sealed Bids will be received until 2:00 pm, Tuesday, October 13, 2026, online through the

County of Alameda Procurement Portal, at or after which time the bids will be opened and publicly read aloud via online video conference.

To attend the online bid opening visit: Microsoft Teams Meeting; Meeting ID: 221 282 483

995 761; Passcode: vA7jF9Z3 or Dial in Number: 1 415-915-3950; Phone conference ID:

372 455 475#. Any claim by a bidder of error in its bid must be made in compliance with

§5100 et seq. of the Public Contract Code. Any bid that is submitted after this time shall be considered non-responsive and returned to the bidder.

The County strongly recommends uploading early; technical difficulties in downloading/submitting documents through the County of Alameda Procurement Portal will not extend the due date and time. All bids must be uploaded and received by the County by the above deadline to be considered.

3. The Project consists of:The contractor shall furnish all expertise, labor, materials, parts, equipment, and incidentals necessary to provide a complete floor replacement project at the

Public Works Agency Flood Office building, located at 951 Turner Ct, Hayward, California.

The contractor shall remove approximately 23,000 square feet of existing flooring and associated materials and install approximately 19,000 square feet of new carpet tile and

4,000 square feet of new luxury vinyl flooring. The work includes demolition of existing flooring, temporary moving or lifting furniture, moisture testing, substrate preparation, installation of new flooring systems, transition strips, rubber base, final cleaning, attic stock, warranties, and all work necessary to provide a complete installation.

This is a full turn-key project, and the Contractor shall provide all necessary work required to complete the floor replacement.

The budgetary estimate for the scope of work is approximately $400,000. The time to complete this project is one hundred eighty (180) calendar days from the Notice to Proceed.

4. All bids shall be on the electronic Bid Form Document 00 41 13 provided in the Procurement

Portal. Each bid must conform to and be responsive to all pertinent Contract Documents, including, but not limited to, the Instructions to Bidders Document 00 21 13.

5. This project is not federally funded or federally assisted. If the project is federally funded, then all federal funding provisions and requirements mentioned apply.

6. To bid on this Project, the Bidder is required to possess the following State of California

Contractor Licenses:

B or C-15

The Bidder's license must remain active and in good standing throughout the term of the

Contract.

7. A bid bond by an admitted surety insurer on the form provided by the County, an electronic bid bond by use of Surety2000, or a cashier's check or a certified check, drawn to the order of the County of Alameda, in the amount of ten percent (10%) of the total bid price, shall accompany the Bid Form, as a guarantee that the Bidder will, within seven (7) calendar days after the date of the Notice of Award, enter into a contract with the County for the performance of the services as stipulated in the bid.

a. Bidders who are submitting an electronic bid bond must do so through use of

Surety2000 (https://surety2000.com/), as an integrated feature of the County of Alameda

Procurement Portal. The bid bond must be executed using the Project ID of the solicitation on which you are bidding. If you are having trouble, please contact

Surety2000 at 1-800-660-3263 or email help@surety2000.com.

b. Bidders who are submitting a physical bid bond, cashier’s check, or certified check, must submit an originally executed hard copy of the bid security, in addition to the electronically scanned copy, to be received no later than the sealed bid due date and time addressed to: County of Alameda, General Services Agency-Building

Maintenance Department, 2054 Fairmont Drive, San Leandro, CA 94578. Please have the Bidder Name, Bid Title, and Bid Number listed clearly on the outside of the envelope.

8. The successful Bidder shall be required to furnish a 100% Performance Bond and a 100%

Payment Bond if it is awarded the contract for the Work.

9. The successful Bidder may substitute securities for any monies withheld by the County to ensure performance under the Contract, in accordance with the provisions of §22300 of the

Public Contract Code.

10. The Contractor and all Subcontractors under the Contractor shall pay all workers on all work performed pursuant to this 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 Department of Industrial Relations, State of California and by the Director of the U.S. Department of Labor, for the type of work performed and the locality in which the work is to be performed within the boundaries of the County, pursuant to §§1770 et seq. of the California Labor Code. Prevailing wage rates are also available from the County or on the Internet at: http://www.dir.ca.gov and http://www.dol.gov.

A. The Contractor shall comply with all provisions of the California Labor Code, however, if the Project is Federally assisted, then Federal labor standards, including the Davis-Bacon requirements, will be enforced.

B. Under the provisions of said Labor Code, the State of California, Department of

Industrial Relations will ascertain the prevailing hourly rate in dollars and details pertinent thereto for each craft, classification or type of workers or mechanic needed to execute any contract which may be awarded by the County. If the Project is Federally assisted, the U.S.

Department of Labor will ascertain the prevailing hourly rate. However, if Federal and State wage rates are applicable, the higher of the two will prevail.

https://surety2000.com/) mailto:help@surety2000.com http://www.dir.ca.gov/ http://www.dol.gov/

C. Projects will clearly identify if any Federal assistance is being used, and if Federal labor standards apply.

11. This project is subject to compliance monitoring and enforcement by the Department of

Industrial Relations. The following requirements apply to this bid and contract:

A. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of

Industrial Relations pursuant to Labor Code §1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code §1771.1(a)].

B. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of

Industrial Relations pursuant to Labor Code §1725.5.

12. For all Projects designated by the County as Federally Assisted, the successful Bidder shall comply with all applicable Federal Provisions including requirements of the Uniform

Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards

(Uniform Guidance) including all relevant provisions of 2 CFR Part 200, Appendix II. Refer to

Additional Contract Provisions – Federal Provisions.

13. For Projects where the bid amount is over $1,000,000, the Work performed pursuant to this

Contract will be subject to the requirements of the “PROJECT

STABILIZATION/COMMUNITY BENEFITS AGREEMENT for the COUNTY OF ALAMEDA” as described in Project Stabilization/ Community Benefit Document 00 73 49B. In consideration of the award of a Contract to perform the Work, the Contractor agrees to be party to and bound by the “PROJECT STABILIZATION/COMMUNITY BENEFITS

AGREEMENT for the COUNTY OF ALAMEDA”. Contractor agrees to execute the

“PROJECT STABILIZATION/COMMUNITY BENEFITS AGREEMENT for the COUNTY OF

ALAMEDA” Contractor Agreement to be Bound Document 00 73 49B Exhibit B and shall require all of its subcontractors, of whatever tier, to become similarly bound for all work within the scope of this Contract by signing an identical Agreement to be Bound.

14. A mandatory pre-bid conference and site visit will be held on Thursday, September 24, 2026. All participants are required to sign in at the site. If mandatory, failure to attend or arrival after the material start of the meeting will render bid ineligible.

A. The mandatory site visit will be held at 10:00 a.m. at 951 Turner Ct, Hayward, California. All participants are required to sign in at the site. The site visit is expected to take approximately 1 hour.

B. The mandatory pre-bid conference will be held at 2:00 p.m. online only via Microsoft

Teams. To attend online visit: Microsoft Teams Meeting ; Meeting ID: 299 747 572 566 160;

Passcode: di6oB3Mq or Dial in Number: 1 415-915-3950; Conference ID: 463 477 692#.

C. Contractors must attend both mandatory meetings.

15. Contract Documents are available online at the County of Alameda Procurement Portal website at https://procurement.opengov.com/portal/acgov.

16. The County has found and determined that the following item(s) shall be used on this

Project based on the purpose(s) indicated. (Public Contract Code §3400(b)): A particular material, product, thing, or service is designated by specific brand or trade name for the following purpose(s):

(1) [PatCraft, ShawContract]: In order to match other products in use on a particular public improvement either completed or in the course of completion.

17. It is County policy to minimize the expenditure of County funds on goods and services produced by any entity which buys, sell, leases or distributes commodities and/or professional services to (1) the government of Burma; or (2) any entity organized under the laws of Burma; or (3) any entity which does business with any private or public entity located in Burma, or conducts operations in Burma. Contractors are urged to comply with the policy in making purchases and subcontracts. (ref. Alameda County, Cal., Adm. Code tit.4, §4.32.050(B),(F) )

18. The County reserves the right to reject any and all bids and/or waive any irregularity in any bid received. If the County awards the Contract, the security of unsuccessful bidder(s) shall be returned within sixty (60) days from the time the award is made. Unless otherwise required by law, no bidder may withdraw its bid for ninety (90) days after the date of the bid opening.

19. The County shall award the Contract, if it awards it at all, to the lowest responsive responsible bidder based on:

A. The base bid amount only.

DOCUMENT 00 21 13

INSTRUCTIONS TO BIDDERS

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

County will evaluate information submitted by the apparent low Bidder and, if incomplete or unsatisfactory to County, Bidder's bid may be rejected at the sole discretion of County.

1. Bids are requested for a general construction contract, or work described in general, for the following project (“Project” or “Contract”):

PWA Flood Office Carpet Replacement (Project Name)

2. County will receive sealed Bids from Bidders as stipulated in the Notice to Bidders

Document 00 11 16.

3. Bidders must submit Bids on Document 00 41 13 (Bid Form) and all other required County forms online through County of Alameda Procurement Portal. Bids not submitted on the

County’s required forms shall be deemed non-responsive and shall not be considered.

Additional sheets required to fully respond to requested information are permissible. The

County strongly recommends uploading early; technical difficulties in downloading/submitting documents through the County of Alameda Procurement Portal will not extend the due date and time. Bidders must submit an electronic version of their bid, any files submitted should be as a PDF file. All bids must be uploaded and received by the

County by the deadline to be considered.

4. Bidders must supply all information required by each Bid Document. Bids must be completed, successfully uploaded, and submitted in full online through County of Alameda

Procurement Portal. County 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 following documents with Bid Form Document 00 41 13:

a. Document 00 43 13 Bid Security Form or other security

b. Document 00 43 36 Designated Subcontractors List

c. Document 00 45 01 Site-Visit Certification, if a site visit was required

d. Document 00 45 13 Non-Collusion Affidavit

e. Document 00 52 13.1 Completed Debarment Form.

f. Certification for Contracts, Grants, Loans and Cooperative Agreements (Certification

Regarding Lobbying), if Project is Federally Assisted

5. Bidders must submit with their Bids a cashier's check or a certified check payable to County, or a Bid Bond or electronic bid bond by use of Surety2000 of not less than ten percent

(10%) of amount of base Bid, plus all additive alternates. Required form of corporate surety, Bid Security Form, is provided by County and must be used and fully completed by Bidders choosing to provide a Bid Bond as security. The Surety on Bidder’s Bid Bond must be an https://procurement.opengov.com/portal/acgov https://procurement.opengov.com/portal/acgov insurer admitted in the State of California and authorized to issue surety bonds in the State of California. Bids submitted without necessary bid security will be deemed non-responsive and will not be considered.

a. Bidders who are submitting an Electronic Bid Bond must do so through use of

Surety2000 (https://surety2000.com/), as an integrated feature of the County of Alameda

Procurement Portal. The bid bond must be executed using the Project ID of the solicitation on which you are bidding. If you are having trouble, please contact

Surety2000 at 1-800-660-3263 or email help@surety2000.com.

b. Bidders who are submitting a physical bid bond, cashier’s check, or certified check, must submit an originally executed hard copy of the bid security, in addition to the electronically scanned copy, to be received no later than the sealed bid due date and time addressed to: County of Alameda, General Services Agency-Building

Maintenance Department, 2054 Fairmont Drive, San Leandro, CA 94578. Please have the Bidder Name, Bid Title, and Bid Number listed clearly on the outside of the envelope.

6. If Bidder to whom Contract is awarded shall for SEVEN (7) calendar days after the date of the Notice of Award, fail or neglect to enter into Contract and submit required bonds, insurance certificates, and all other required documents, County may deposit Bid Bond, cash, cashier's check, or certified check for collection, and proceeds thereof may be retained by County as liquidated damages for failure of Bidder to enter into Contract, in the sole discretion of County. It is agreed that calculation of damages County may suffer as a result of Bidder's failure to enter into the Contract would be extremely difficult and impractical to determine and that the amount of the Bidder's required bid security shall be the agreed and conclusively presumed amount of damages.

7. Bidders must submit with the Bid the Designated Subcontractors List for those subcontractors who will perform any portion of Work, including labor, rendering of service, or specially fabricating and installing a portion of the Work or improvement according to detailed drawings contained in the plans and specifications, in excess of one half of one percent (0.5%) of total Base Bid. Failure to submit this list when required by law shall result in Bid being deemed non-responsive and the Bid will not be considered.

8. If a mandatory pre-bid conference and site visit (“Site Visit”) is requested as referenced in the Instructions to Bidders, then Bidders must submit the Site-Visit Certification with their

Bid. County will transmit to all prospective Bidders of record such Addenda as County in its discretion considers necessary in response to questions arising at the Site Visit. Oral statements shall not be relied upon and will not be binding or legally effective. Addenda issued by the County as a result of the Site Visit, if any shall constitute the sole and exclusive record and statement of the results of the Site Visit.

9. Bidders shall submit the Non-Collusion Affidavit with their Bids. Bids submitted without the

Non-Collusion Affidavit shall be deemed non-responsive and will not be considered.

10. Bids shall be clearly written without erasure or deletions. County reserves the right to reject any Bid containing erasures or deletions.

https://surety2000.com/) mailto:help@surety2000.com

11. Bidders shall not modify Document 00 41 13 (Bid Form-Stipulated Sum) or qualify their

Bids. Bidders shall not submit to the County a scanned, re-typed, word-processed, or otherwise recreated version of Document 00 41 13 (Bid Form-Stipulated Sum) or other

County-provided document.

12. The successful Bidder and all its subcontractors shall pay all workers on all work performed pursuant to this 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

Department of Industrial Relations, State of California, for the type of work performed and the locality in which the work is to be performed within the boundaries of the County, pursuant to §§1770 et seq. of the California Labor Code.

a. The Contractor shall comply with all provisions of the California Labor Code, however, if any Project is Federally assisted, then Federal labor standards, including the Davis-

Bacon requirements, will be enforced.

b. Under the provisions of said Labor Code, the State of California, Department of

Industrial Relations will ascertain the prevailing hourly rate in dollars and details pertinent thereto for each craft, classification or type of workers or mechanic needed to execute any contract which may be awarded by the County. If the Job Order is Federally assisted, the U.S. Department of Labor will ascertain the prevailing hourly rate. If

Federal and State wage rates are applicable, the higher of the two will prevail.

c. Projects will clearly identify if any Federal assistance is being used, and if Federal labor standards apply.

13. For all Projects designated by the County as Federal Assisted, the successful Bidder shall comply with all applicable Federal Provisions including requirements of the Uniform

Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards

(Uniform Guidance) including all relevant provisions of 2 CFR Part 200, Appendix II. Refer to

Additional Contract Provisions – Federal Provisions.

14. Submission of Bid signifies Contractor agreement to be party to and bound by the

“PROJECT STABILIZATION/COMMUNITY BENEFITS AGREEMENT for the COUNTY OF

ALAMEDA” for all Projects where the bid amount is over $1,000,000. Contractor agrees to execute the “PROJECT STABILIZATION/COMMUNITY BENEFITS AGREEMENT for the

COUNTY OF ALAMEDA” Agreement to be Bound and shall require all of its subcontractors, of whatever tier, to become similarly bound for all work within the scope of this Contract by signing an identical Agreement to be Bound. Refer to Document 00 73 49 Project

Stabilization/Community Benefits Agreement (PSCBA) of the County of Alameda Forms and

Document 00 73 49B Exhibit B (Agreement to be Bound).

15. Submission of Bid signifies careful examination of Contract Documents and 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 County that Bidder has fully completed the following:

a. Bidder has visited the Site and has examined thoroughly and understood 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 Sum, 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 County 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 County is acceptable to Bidder;

e. Bidder has made a complete disclosure in writing to County of all facts bearing upon any possible interest, direct or indirect, that Bidder believes any representative of County or other officer or employee of County 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 this document and that Bidder represents in its Document 00 41 13 (Bid form-Stipulated Sum) and the Agreement that it performed prior to bidding. Bidders are charged with all information and knowledge that a reasonable bidder would ascertain from having performed this required work, investigation, research, and analysis. Bid prices must include entire cost of all work "incidental" to completion of the Work.

g. Conditions Shown on the Contract Documents: Information as to underground conditions, as-built conditions, or other conditions or obstructions, indicated in the

Contract Documents, e.g., on Drawings or in Specifications, has been obtained with reasonable care, and has been recorded in good faith. However, County only warrants, and Bidder may only rely, on the accuracy of limited types of information.

(1) 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 its Bid, Bidder shall rely on the results of its own independent investigation. In submitting its Bid, Bidder shall not rely on County-supplied information regarding above-ground conditions or as-built conditions.

(2) As to any subsurface condition shown or indicated in the Contract Documents, Bidder may rely only upon the general accuracy of actual reported depths, actual reported character of materials, actual reported soil types, actual reported water conditions, or actual obstructions shown or indicated. County is not responsible for the completeness of such information for bidding or construction; nor is County responsible in any way for any conclusions or opinions of Bidder drawn from such information; nor is

County responsible for subsurface conditions that are not specifically shown (for example, County is not responsible for soil conditions in areas contiguous to areas where a subsurface condition is shown).

h. Conditions Shown in Reports and Drawings Supplied for Informational Purposes:

Reference is made to the Document 00 31 32 Geotechnical Data, and the Document 00

31 19 Existing Conditions Information, for identification of:

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

(2) Physical Conditions: Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that has been utilized by

Architect in preparing the Contract Documents.

(3) These reports and drawings are not Contract Documents and, except for any

"technical" data regarding subsurface conditions specifically identified in Geotechnical

Data and Document 00 31 19 Existing Conditions Information, and underground facilities data, Bidder may not in any manner rely on the information in these reports and drawings. Subject to the foregoing, Bidder must make its own independent investigation of all conditions affecting the Work and must not rely on information provided by County.

16. Bidders may examine any available "as-built" drawings of previous work by giving County reasonable advance notice. County will not be responsible for accuracy of "as-built" drawings. The Document 00 31 19 Existing Conditions Information applies to all supplied

"as-built" drawings.

17. Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by Director of the State of

California Department of Industrial Relations and by Director of the U.S. Department of

Labor, are on file at the County’s principal office. Prevailing wage rates are also available from the County or on the internet at www. dir.ca.gov and http://www.dol.gov.

18. All questions about the meaning or intent of the Contract Documents are to be directed in writing online to County through the “Question & Answer” feature in the County of Alameda

Procurement Portal. Interpretations or clarifications considered necessary by County in response to such questions will be issued in writing by Addenda on the County of Alameda

Procurement Portal. Questions received less than TEN (10) business days prior to the date for opening Bids may not be answered. Only questions answered by formal written https://www.dir.ca.gov/ http://www.dol.gov/ https://procurement.opengov.com/portal/acgov https://procurement.opengov.com/portal/acgov

Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

19. Addenda may also be issued to modify other parts of the Contract Documents as deemed advisable by County.

20. Each Bidder must acknowledge each Addendum issued or its Bid shall be considered non-responsive. Addenda shall be part of the Contract Documents. A complete listing of

Addenda is available in the County of Alameda Procurement Portal. Each Bidder is responsible for checking the website and procurement portal for any Addendums and other notices related to this Bid.

21. Bids shall be based on products and systems specified in Contract Documents or listed by name in Addenda. County is not responsible and/or liable in any way for a Bidder’s damages and/or claims related, in any way, to that Bidder’s basing its bid on any requested substitution that County has not approved. Bidders and materials suppliers who submit requests for substitutions prior to the award of the Contract must do so in writing and in compliance with Public Contract Code §3400. All requests must comply with the following:

a. County must receive any request for substitution a minimum of TEN (10) business days prior to bid opening.

b. Requests for substitutions shall contain sufficient information to assess acceptability of product or system and impact on Project, including, without limitation, the requirements specified in the Document 00 73 13 (Special Conditions) and the

Specifications. Insufficient information shall be grounds for rejection of substitution.

c. Approved substitutions shall be listed in Addenda. County reserves the right not to act upon submittals of substitutions until after bid opening.

d. Substitutions may be requested after Contract has been awarded only if indicated in and in accordance with requirements specified in the Document 00 73 13 (Special

Conditions) and the Specifications.

22. All Bids must be completed, successfully uploaded, and submitted online through County of

Alameda Procurement Portal, with exception of the physical bid security, which must be submitted as described in item 5 above. Bids will be received as indicated in the Notice to

Bidders.

a. Bids must be submitted at the place and by date and time shown in the Notice to

Bidders.

b. Bids must contain all documents as required herein.

23. Bids will be opened publicly immediately after the time indicated for receipt of bids.

24. This Contract may include alternates. Alternates are defined as alternate products, materials, equipment, systems, methods, or major elements of the construction that may, at the County's option and under terms established in the Contract and pursuant to §20103.8 of the Public Contract Code, be selected for the Work. County shall award the Contract, if it awards it at all, to the lowest responsive responsible bidder based on the criteria as indicated in these contract documents.

https://procurement.opengov.com/portal/acgov

25. Time for Completion: County may issue a Notice to Proceed within NINETY (90) calendar days from the date of the Notice of Award. Once Contractor has received the Notice to

Proceed, Contractor shall complete the Work within the period of time indicated in the

Contract Documents.

a. In the event that County desires to postpone issuing the Notice to Proceed beyond the

90-day period above, it is expressly understood that with reasonable notice to the

Contractor, County may postpone issuing the Notice to Proceed.

b. It is further expressly understood by Bidder that 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-day period. If the Contractor believes that a postponement of issuance of the Notice to Proceed will cause a hardship to the

Contractor, the Contractor may terminate the Contract. Contractor’s termination due to a postponement beyond this 90-day period shall be by written notice to County within TEN

(10) calendar days after receipt by Contractor of County’s notice of postponement.

c. It is further understood by Bidder that in the event that Contractor terminates the

Contract as a result of postponement by County, County shall only be obligated to pay

Contractor for the Work that Contractor had performed at the time of notification of postponement and which County 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, County shall have the authority to award the Contract to the next lowest responsive responsible bidder.

26. The Bidder to whom Contract is awarded shall execute and submit the following documents by 5:00 p.m. of the SEVENTH (7th) calendar day following the date of the Notice of

Award. Failure to properly and timely submit these documents entitles County to reject the bid as non-responsive.

a. Document 00 52 13 Agreement: To be executed by successful Bidder. Submit four (4) copies, each bearing an original signature or one (1) copy bearing an original electronic

DocuSign signature.

b. Document 00 56 00 Escrow of Bid Documentation: This must include all required documentation. See the document Escrow of Bid Documentation for more information.

c. Document 00 61 13.13 Performance Bond (100%): On the form provided in the Contract

Documents and fully executed as indicated on the form.

d. Document 00 61 13.16 Payment Bond (100%) (Contractor's Labor and Material

Bond): On the form provided in the Contract Documents and fully executed as indicated on the form.

e. Insurance Certificates and Endorsements as required.

f. Document 00 45 26 Workers' Compensation Certification.

g. Document 00 45 46.01 Prevailing Wage and Related Labor Requirements Certification.

h. Document 00 45 46.04 Hazardous Materials Certification.

i. Document 00 45 46.06 Imported Materials Certification.

j. Document 00 52 13.1 Debarment and Suspension Certificate Form.

k. Contractor’s Safety Plan specifically adapted for the Project.

l. Document 00 73 49B Exhibit B "PROJECT STABILIZATION/COMMUNITY BENEFITS

AGREEMENT for the COUNTY OF ALAMEDA" Agreement to be Bound (For Projects over $1,000,000 only)

m. County of Alameda Iran Contracting Act (ICA) of 2010 Form (For Projects over

$1,000,000 only)

n. Additional Contract Provisions – Federal Provisions Forms, if Project is Federally

Assisted

27. Any Bid protest by any Bidder regarding any other Bid must be submitted in writing to the

County’s GSA–Office of Acquisition Policy, ATTN: Contract Compliance Officer, located at

1401 Lakeside Drive, 10th Floor, Oakland, CA 94612, Email: GSA-BidProtests@acgov.org, before 5:00 p.m. of the FIFTH (5th) business day following the date of issuance of the

Document 00 51 13 (Notice of Intent to Award), not the date received by the Bidder. A Bid protest received after 5:00 p.m. is considered received as of the next business day.

a. The Bid protest must contain a complete statement of the reasons and facts for the protest.

b. The protest must refer to the specific portions of all documents that form the basis for the protest.

c. The protest must include the name, address, email address, fax number and telephone number of the person representing the protesting party.

d. The County Agency/Department will notify all bidders of the protest as soon as possible.

e. Upon receipt of written protest, GSA–Office of Acquisition Policy, or designee, will review and evaluate the protest and issue a written decision. The GSA–Office of Acquisition

Policy, may, at its discretion, investigate the protest, obtain additional information, provide an opportunity to settle the protest by mutual agreement, and/or schedule a meeting(s) with the protesting Bidder and others (as appropriate) to discuss the protest.

The decision on the bid protest will be issued at least ten (10) business days prior to the

Board hearing or GSA award date.

f. The decision will be communicated by e-mail, fax, or US Postal Service mail, and will inform the bidder whether or not the recommendation to the Board of Supervisors or

GSA in the Notice of Intent to Award is going to change. A copy of the decision will be furnished to all Bidders affected by the decision. As used in this paragraph, a Bidder is affected by the decision on a Bid protest if a decision on the protest could have resulted in the Bidder not being the apparent successful Bidder on the Bid.

g. The decision of the GSA-Office of Acquisition Policy on the bid protest may be appealed to the Auditor-Controller's Office of Contract Compliance & Reporting (OCCR) located at

1221 Oak St., Room 249, Oakland, CA 94612, Fax: (510) 272-6502 unless the OCCR determines that it has a conflict of interest in which case an alternate will be identified to hear the appeal and all steps to be taken by OCCR will be performed by the alternate. The Bidder whose Bid is the subject of the protest, all Bidders affected by the

GSA-Office of Acquisition Policy's decision on the protest, and the protestor have the right to appeal if not satisfied with the GSA-Office of Acquisition Policy's decision. All appeals to the Auditor-Controller's OCCR shall be in writing and submitted within five (5) business days following the issuance of the decision by the GSA-Office of Acquisition

Policy, not the date received by the Bidder. An appeal received after 5:00 p.m. is considered received as of the next business day. An appeal received after the FIFTH

(5th) business day following the date of issuance of the decision by the GSA-Office of

Acquisition Policy shall not be considered under any circumstances by the GSA or the

Auditor-Controller OCCR.

h. The appeal shall specify the decision being appealed and all the facts and circumstances relied upon in support of the appeal.

i. In reviewing protest appeals, the OCCR will not re-judge the proposal(s). The appeal to the OCCR shall be limited to review of the procurement process to determine if the contracting department materially erred in following the Bid or, where appropriate, County contracting policies or other laws and regulations.

j. The appeal to the OCCR also shall be limited to the grounds raised in the original protest and the decision by the GSA-Office of Acquisition Policy. As such, a Bidder is prohibited from stating new grounds for a Bid protest in its appeal. The Auditor-Controller (OCCR) shall only review the materials and conclusions reached by the GSA-Office of Acquisition

Policy or department designee, and will determine whether to uphold or overturn the protest decision.

k. The Auditor’s Office may overturn the results of a bid process for ethical violations by

Procurement staff, County Selection Committee members, subject matter experts, or any other County staff managing or participating in the competitive bid process, regardless of timing or the contents of a bid protest.

l. The decision of the Auditor-Controller’s OCCR is the final step of the appeal process. A copy of the decision of the Auditor-Controller’s OCCR will be furnished to the protestor, the Bidder whose Bid is the subject of the Bid protest, and all Bidders affected by the decision.

m. The County will complete the Bid protest/appeal procedures set forth in this paragraph before a recommendation to award the Contract is considered by the Board of

Supervisor or GSA.

n. The procedures and time limits set forth in this paragraph are mandatory and are each

Bidder's sole and exclusive remedy in the event of Bid Protest. A Bidder’s failure to timely complete both the Bid protest and appeal procedures shall be deemed a failure to exhaust administrative remedies. Failure to exhaust administrative remedies, or failure to comply otherwise with these procedures, shall constitute a waiver of any right to further pursue the Bid protest, including filing a Government Code Claim or legal proceedings.

28. A responsive bid is a solicited bid that has been determined to be in conformance with the conditions, completion or delivery requirements, and specifications detailed in the solicitation for bid. Responsive bids are those submitted on time; contain complete information, and required submittals and/or supporting documentation.

29. A responsible bidder is defined by the California Public Contract Code §1103 as "a bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform this public works contract."

30. County 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 County believes that it would not be in the best interest of County 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 County. County 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 some work items and/or enhanced prices for other work items.

31. Discrepancies between written words and figures, or words and numerals, will be resolved in favor of the figures or numerals.

32. Prior to the award of Contract, County reserves the right to consider the responsibility of the

Bidder. County may conduct investigations as County deems necessary to assist in the evaluation of any bid and to establish the responsibility, including, without limitation, qualifications and financial ability of Bidders, proposed subcontractors, suppliers, and other persons and organizations to perform and furnish the Work in accordance with the Contract

Documents to County’s satisfaction within the prescribed time.

33. All of the above documents are required to be submitted online through the County of

Alameda Procurement portal. Bidders must submit an electronic version of their bid, any files submitted should be as a PDF file.

DOCUMENT 00 22 19

ELATION APPLICATION AND PROJECT STABILIZATION/COMMUNITY BENEFITS

AGREEMENT

Section I. General

1. PURPOSE

1.1.

By submitting a bid, Bidders acknowledge and agree to all Document 00 22 19 provisions.

1.2.

In the event of conflict between the terms of this Document 00 22 19 and the PROJECT

STABILIZATION / COMMUNITY BENEFITS AGREEMENT for the COUNTY OF ALAMEDA, (Document 00 73 49B) the terms of the PROJECT STABILIZATION / COMMUNITY BENEFITS

AGREEMENT for the COUNTY OF ALAMEDA shall take priority.

2. APPLICATION

2.1.

The provisions outlined in this Document 00 22 19 apply to this contract for the construction of the above-referenced project.

3. HIRING OF LOCAL APPRENTICES, YOUTH, UNEMPLOYED AND UNDEREMPLOYED

RESIDENTS

3.1.

The County of Alameda strongly encourages the hiring of local apprentices, youth, unemployed, and under-employed County residents to complete the work required for this project. Those firms that can demonstrate the ability and willingness to provide jobs required to complete this project to local apprentices, youth, unemployed and underemployed County residents should include such evidence in their bid response.

4. NONDISCRIMINATION

4.1.

The Contractor shall comply with the Americans with Disabilities Act and Title VII of the Civil

Rights Act of 1964 and shall not, in regard to any position for which an employee or applicant for employment is qualified, discriminate against any employee or applicant for employment because of race, creed, color, religion, disability, sex (including pregnancy, sexual orientation, or gender identity), political affiliation, national origin, age (40 or older), and genetic information (including family medical history) or by any other non-merit factors be otherwise subjected to discrimination.

The Contractor shall ensure applicants are employed and that employees are treated during employment without regard to their race, age, religion, Vietnam Era Veteran’s status, political affiliation, or any other non-merit factors. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising;

layoff or termination; rates of pay or other terms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

4.2.

Contractor shall, in all solicitations or advertisements for employees placed on behalf of the

County, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, disability, sex (including pregnancy, sexual orientation, or gender identity), national origin, age, religion, Vietnam Era Veteran’s status, political affiliation, genetic information, or any other non-merit factors.

Section II. Contract Compliance Requirements

1. APPLICATION

1.1.

The following provisions shall apply to all contracts.

2. ALAMEDA COUNTY CONTRACT COMPLIANCE SYSTEM

2.1.

Alameda County utilizes the Elation Systems contract compliance application as part of its commitment to assist contractors to comply with certain legal and contractual requirements. The

Elation Systems, a secure web-based computer system, was implemented to monitor compliance and to track and report certified payroll and payment participation in County contracts.

2.2.

The prime contractor and all participating subcontractors awarded contracts as a result of the bid process for this project are required to use the Elation System to submit payroll and payment information including, but not limited to, weekly certified payrolls, monthly progress payment reports and other information related to project progress. Use of the Elation System, support and training are available at no charge to prime and subcontractors participating in County contracts.

2.3.

Upon contract award:

2.3.1.

The County will provide contractors and subcontractors participating in any contract awarded as a result of this bid process, a code that will allow them to register and use the

Elation System free of charge.

2.3.2.

Contractors should schedule a representative from their office/company, along with each of their subcontractors, to attend Elation Systems training.

2.3.2.1.

Free Elation Systems training session videos are available online within the Elations

Systems application.

2.4.

It is the Contractor’s responsibility to ensure that they and their subcontractors are registered…