City Funded Project 1 City Project

B.P. Revised 12/05/2017 March 2026

SPECIFICATIONS FOR THE CONSTRUCTION

OF

ON-CALL SIGNAGE AND STRIPING SERVICES

City Project

March 2026

TO DOWNLOAD PLANS AND SPECIFICATIONS

AND TO CHECK BID RESULTS

Contact Engineering & Transportation at (510) 583-4730

FOR INFORMATION REGARDING THIS PROJECT

Contact Lucas Woodward at (510) 583-4783

FOR CONTRACT COMPLIANCE

Contact Rita Perez at (510) 583-4801

City Funded Project 1 City Project

TABLE OF CONTENTS

PAGE NO.

SPECIAL PROVISIONS 5

PART 1 – GENERAL PROVISIONS

Section 1. Specifications and Plans

Section 2. Bidding

2-1.01 General

2-1.02 Nondiscrimination/Non-preferential Treatment

2-1.03 Disadvantaged Business Enterprise and Women Business Enterprise

(DBE/WBE) Voluntary Participation

2-1.04 Outreach Efforts

2-1.05 Resource Lists for this Project

2-1.06 Subcontracting

2-1.07 Supplemental Project Information Available to Bidders

2-1.08 Product Substitution

Section 3. Award and Execution of Contract

3-1.01 General

3-1.02 Reserved

3-1.03 Contractor’s Reference Information

3-1.04 Contract Award and Execution

3-1.04A Bid Protest Procedures

3-1.05 Contract Bonds

Section 4. Beginning of Work, Time of Completion, and Liquidated Damages

Section 5-1. Miscellaneous

5-1.01 Equipment Rental Rates and Labor Surcharge

5-1.02 General Prevailing Wage Rates

5-1.03 Engineer’s Authority

5-1.04 Inspection and Working Hours

5-1.05 Labor Nondiscrimination

5-1.06 Contractor License

5-1.07 Indemnification and Insurance Requirements

5-1.08 Contractor’s Control Termination

5-1.08A Contract Termination

5-1.09 Claims and Dispute Resolution

5-1.10 Partial Payments

5-1.10A Schedule of Values for Lump Sum Bid Items

5-1.11 Payment of Withheld Funds

5-1.12 Cost Reduction Incentive/Value Engineering

City Funded Project 2 City Project

5-1.13 Payment Adjustments for Price Index Fluctuation

5-1.14 Changed Quantity Payment Adjustments

5-1.15 Final Inspection and Contract Acceptance

5-1.16 Payment after Acceptance

5-1.17 Guarantees

5-1.18 Removal of Asbestos and Hazardous Substances

5-1.19 Permits, Licenses, Agreements and Certifications

5-1.19A City Permits & Licenses

5-1.19C Blank

5-1.19D Blank

5-1.19E Areas for Contractor’s Use

5-1.20 Reserved

5-1.21 Sound Control Requirements

5-1.22 Project Appearance

5-1.23 Nuclear-Free Hayward

5-1.24 Migratory Bird Treaty Act

5-1.25 Archaeological Discoveries

Section 6. City of Hayward Requirements

Section 6-1. City of Hayward Nondiscriminatory Employment Practices Provision

Section 6-2. City of Hayward Resource Lists for Labor, Consultants, and Contractors

Section 7. RESERVED

PART 2 – TECHNICAL PROVISIONS

Section 8. MATERIALS

Section 8-1. Miscellaneous

8-1.01 General

8-1.02 City-Furnished Materials

8-1.03 Submittals

8-1.04 Certificates of Compliance

8-1.05 Hazardous Materials

Section 9. Description of Work

Section 10. Construction Details

Section 10-1. General

10-1.01 Order of Work

10-1.02 Project Schedule

10-1.03 Cooperation

10-1.04 Obstructions

10-1.05 Blank

10-1.06 Blank

10-1.07 Dust Control

City Funded Project 3 City Project

10-1.08 Mobilization

10-1.09 Construction Area Signs

10-1.10 Barricades

10-1.11 Maintaining Traffic

10-1.12 Traffic Control System for Lane Closure

10-1.13 Existing Highway Facilities

10-1.13A Blank

10-1.13B Blank

10-1.13C Blank

10-1.13D Remove Traffic Stripe, Pavement Markers and Pavement Markings

10-1.13E Blank

10-1.14 Survey Monuments

10-1.15 Water Pollution Control and Storm Drain Pollution Prevention

10-1.16 Requirements for Recycling Construction & Demolition Debris

10-1.17 Compensation for Work Not Listed in Bid Sheets

10-1.18 Adjustment of Work

10-1.19 Administrative Change Orders

10-1.20 Record Drawings

10-1.21 Warranties, Guarantees, and Instruction Sheets

Section 10-2. CONSTRUCTION PROVISIONS

10-2.01 Remove Traffic Stripe, Pavement Marker and Pavement Markers

10-2.02 Temporary Pavement Striping and Marking

10-2.03 Blank

10-2.04 Blank

10-2.05 Blank

10-2.06 Blank

10-2.07 Blank

10-2.08 Blank

10-2.10 Blank

10-2.11 Blank

10-2.12 Blank

10-2.13 Blank

10-2.14 Blank

10-2.15 Blank

10-2.16 Blank

10-2.19 Blank

10-2.20 Blank

10-2.21 Blank

10-2.22 Thermoplastic Striping, Marking, and Pavement Markers

City Funded Project 4 City Project

10-2.23 Thermoplastic Colored Bike Lane Pavement Markings and Pavement Legends

10-2.24 Temporary Pavement Striping and Marking

10-2.25 Blue Retroreflective Pavement Markers

10-2.26 Signs

10-2.28 Flexible Posts

CONSTRUCTION & DEMOLITION DEBRIS RECYCLING EXHIBITS ............................................. EXHIBIT A

TRAFFIC CONTROL SYSTEM FOR LANE CLOSURE T11 TO T13 ............................................... EXHIBIT B

TEMPORARY “NO PARKING” SIGN .......................................................................................... EXHIBIT C

ADMINISTRATIVE CHANGE ORDER FORM (SAMPLE) ............................................................. EXHIBIT D

PEDESTRIAN CONTROL SYSTEM FOR SIDEWALK CLOSURE .................................................. EXHIBIT E

STOP HUMAN TRAFFICKING POSTER (CA SENATE BILL 1193) ............................................. EXHIBIT F

COMMUNITY WORKFORCE AGREEMENT ................................................................................ EXHIBIT G

SUBSTITUTION REQUEST ....................................................................................................... EXHIBIT H

PROPOSAL ...................................................................................................................... P-1

BID SHEET .............................................................................................................. P-2.1 TO P-2.3

DIRECTION TO BIDDERS ............................................................................................................ P-3

INSTRUCTION FOR LISTING SUBCONTRACTORS .......................................................................... P-4

LIST OF ALL SUBCONTRACTORS AND SUPPLIERS

(INCLUDING BIDDER’S DBE AND WBE VOLUNTARY PARTICIPATION INFORMATION) ............ P-5 & P-6

SIGNATURE OF BIDDER ............................................................................................................. P-7

BIDDER'S BOND TO ACCOMPANY PROPOSAL ............................................................................. P-8

AFFIRMATION OF NON-INVOLVEMENT IN DEVELOPMENT OR

PRODUCTION OF NUCLEAR WEAPONS ....................................................................................... P-9

CONTRACT AGREEMENT ............................................................................................................... C-1

SIGNATURE SHEET ........................................................................................................................ C-2

LABOR AND MATERIALS BOND ........................................................................................... C-3 AND C-4

PERFORMANCE BOND ....................................................................................................... C-5 AND C-6

City Funded Project 5 City Project

CITY OF HAYWARD

DEPARTMENT OF PUBLIC WORKS & UTILITIES

S P E C I A L P R O V I S I O N S

FOR

On-Call Signage and Striping Services

City Project

PART I – GENERAL PROVISIONS

SECTION 1. SPECIFICATIONS AND PLANS

The work embraced herein shall be done in accordance with the 2018 State of California Standard Specifications (“State Standard Specifications” or “Standard Specifications” or "STD Specs"), the 2018 Standard Plans (“State Standard Plans” or “Standard Plans” or "STD Plans"), and the latest version of the City of Hayward Standard Details ("CoH STD Specs/Details"), insofar as the same may apply and in accordance with the following Special Provisions. The latest City of Hayward Standard Details may be downloaded from the City’s website: https://www.hayward-ca.gov/documents/hayward-standard-details.

In case of conflict between the various contract documents, the following order shall govern: the Special Provisions, the Technical Specifications, the Project Plans, the City Standard Details, the State Standard Plans, and then the State Standard Specifications.

Definitions and Terms. Wherever in the Standard Specifications or Standard Plans, the following definitions and terms are used, the intent and meaning shall be interpreted as follows:

California Public Contract Code. State Contract Act - The provisions of the California Public Contract Code and of other applicable laws form and constitute a part of the provisions of this contract to the same extent as if set forth herein in full, except for those laws which are expressly made inapplicable herein, and except to the extent those laws are modified herein. The State Contract Act, being Chapter 1 (commencing with Section 10100) of Part 2, Division 2, California Public Contract Code, does not form or constitute any part of this contract. Section 20162 of the California Public Contract Code does not apply to work performed by City work forces.

Contract - Written and executed contract between the Department, the City Manager, and the Contractor.

Contract Documents – Those items so designated in the Contract. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor submittals and the reports and drawings of subsurface and physical conditions are not Contract Documents.

Department - The Department of Public Works of the City of Hayward.

Director - The Director of Public Works of the City of Hayward.

City Funded Project 6 City Project

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

Highway - The streets of the City of Hayward, which shall include the total right of way or area which is reserved for and secured for use in constructing the roadway or street and its appurtenances.

Laboratory - The Office of Materials and Foundations of the Department of Transportation/ of the State of California or the City of Hayward testing laboratory or laboratories authorized by the Engineer to test materials and work involved in the contract.

Legal Holidays – For the purpose of calculating working days, legal holidays are January 1, the third Monday in January, February 12, the third Monday in February, the last Monday in May, July 4, the first Monday in September, September 9, the second Monday in October, November 11, Thanksgiving Day, and December 25. When a legal holiday falls on a Sunday, the following Monday shall be a legal holiday.

Liquidated Damages - The amount prescribed in the Special Provisions, pursuant to authority of Government Code Section 53069.85, to be paid to the City of Hayward or to be deducted from any payments due or to become due to the Contractor for each day's delay in completing the whole or any specified portion of the work beyond the time allowed in the Special Provisions.

Office of Structure Design - The office of the Engineer of the City of Hayward. When the specifications require working drawings to be submitted to the Office of Structure Design, the drawings shall be submitted to: City of Hayward Department of Public Works, Engineering and Transportation Division, 2nd Floor, 777 B Street, Hayward, CA 94541, Telephone (510) 583-4730.

Special Provisions - The Special Provisions are specific clauses setting forth conditions or requirements peculiar to the work and supplementary to the Standard Specifications. The Department of Transportation publications entitled “Labor Surcharge and Equipment Rental Rates” and “General Prevailing Wage Rates” are to be considered as a part of the Special Provisions.

Standard Plans - The 2018 edition of the Standard Plans of the State of California, Department of Transportation, and the latest City of Hayward Standard Details. The Standard Details of the City of Hayward shall govern over both the State of California Department of Transportation Standard Plans and Standard Specifications.

Standard Specifications – The 2018 edition of the Standard Specifications of the State of California, Department of Transportation.

Any reference within the Standard Specifications to the State of California or a State agency, office or officer shall be interpreted to refer to the City or its corresponding agency, office, or officer.

SECTION 2. BIDDING

2-1.01 General

The bidder's attention is directed to the provisions in Section 2, "Bidding," of the Standard Specifications and these Special Provisions for the requirements and conditions which he must observe in the preparation of the proposal forms and the submission of the bid.

City Funded Project 7 City Project

The City will furnish to each bidder:

With the purchase of the project specifications, an additional set of proposal forms that are detached from the Special Provisions, which, when filled out and executed shall be submitted as the bid.

The Contractor shall enclose their proposal in an envelope clearly identifying the project.

Bids not presented on the project proposal forms provided in the Special Provisions will be disregarded.

Section 2-1.34, “Bidder’s Security,” of the Standard Specifications is amended to read:

All bids shall be submitted under sealed cover and accompanied by one of the following forms of bidder’s security made payable to the City of Hayward equal to at least 10 percent of the bid:

1. Cashier's check

2. Certified check

3. Bidder's bond signed by a responsible corporate surety insurer authorized to issue such bonds in the State of California

If using a bidder's bond, it shall be properly filled out and executed and shall conform to the bond form entitled “Bidder’s Bond to Accompany Proposal” in the proposal attached at the end of these Special Provisions.

The Contractor's attention is directed to Section 2-1.46 “Bid Rejection,” of the Standard Specifications.

The Department reserves the right to:

1. Reject any and all bids

2. Reject a nonresponsive bid

3. Waive any informalities or irregularities in bids received

More than one proposal from an individual, firm, partnership, corporation, or combination thereof under the same or different names will not be considered. If it appears that the same individual, firm, partnership, corporation or combination thereof is interested in more than one proposal for the work contemplated, all such proposals shall be rejected. If there is a reason for believing that collusion exists among the bidders, any or all proposals may be rejected. Proposals in which the prices obviously are unbalanced may be rejected. Being listed as a subcontractor does not constitute interest in a bid.

A bid may be rejected on the basis of a bidder, any officer of such bidder, or any employee of such bidder who has a proprietary interest in such bidder, having been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local project because of a violation of law or a safety regulation.

2-1.02 Nondiscrimination/Non-preferential Treatment

The successful bidder shall, in the performance of the Agreement, be required to comply with all applicable Federal, State, and City nondiscrimination/nonpreference laws and regulations.

The successful bidder should not discriminate against any subcontractor on the grounds of race, color, religion, national origin, sex, age, or disability.

City Funded Project 8 City Project

2-1.03 Disadvantaged Business Enterprise and Women Business Enterprise (DBE/WBE) Voluntary Participation

The City of Hayward strongly urges prime bidders to consider utilization of subcontractors and to provide DBE/WBE subcontractors with a full and fair opportunity to submit proposals to participate on this contract. "Disadvantaged Business Enterprise (DBE) or Women Owned Business Enterprise (WBE)" means a small business concern: (a) which is at least 51 percent owned by one or more socially and economically disadvantaged individuals or women, or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more socially and economically disadvantaged individuals or women, (b) whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals or women who own it, and (c) and for DBEs only, is located within the City of Hayward or certifies that it has actively participated or attempted to be active in the business community within the jurisdiction of the City of Hayward.

Prime bidders are urged but are not obligated to take the suggested “outreach efforts” listed below to reach out to potential DBE/WBE subcontractors.

The City of Hayward requests that the bidder who participates in DBE/WBE outreach completes the “Participation of DBE and WBE Information” form, which is combined with the “List of All Subcontractors and Suppliers” form in the proposal packet.

2-1.04 Outreach Efforts

Outreach efforts are made by the prime bidder to obtain DBE/WBE participation on the contract. The following list of examples of outreach efforts is not exclusive or exhaustive. Other outreach efforts may also be effective.

1. Identify appropriate subcontractor opportunities.

2. Send a written solicitation to certified DBE/WBEs licensed or reputed to be qualified to provide the identified work before proposals are due providing them with information about the requirements for the project and the identified items of work.

3. Follow up on initial solicitations to DBE/WBEs to determine interest.

4. Contact chambers of commerce or women’s business organizations to provide information regarding opportunities and to obtain information regarding DBE/WBEs.

2-1.05 Resource Lists for this Project

Certified DBE and WBE resource lists ACCEPTABLE for this project are as follows:

1. California Department of Transportation (Caltrans) and Department of General Services

2. City and County of San Francisco

3. County of Alameda

4. City of Oakland

5. And City’s, County’s, or other governmental agency listing provided that agency performs certifications and, can attest to the accuracy of the information contained within the listing.

2-1.06 Subcontracting

City Funded Project 9 City Project

Attention is directed to the provisions in Section 5-1.13, "Subcontracting," of the Standard Specifications, Section 2, "Bidding," of the Standard Specifications and these Special Provisions, and Section 3, "Award and Execution of Contract," of these Special Provisions.

The Contractor shall perform with the Contractor’s own organization, contract work amounting to not less than 30 percent of the original total contract price, less the administrative change order and any designated "Specialty Items" that may be performed by subcontract. The amount of any such "Specialty Items" so performed and the amount for administrative change order shall be deducted from the original contract price before computing the amount of work required to be performed by the Contractor with the Contractor’s own organization.

In accordance with the requirements of the Subletting and Subcontracting Fair Practices Act, commencing with Section 4100 of the California Public Contract Code, each bidder shall list in his proposal the name and the location of the place of business, the California contractor license number and public works contractor registration number issued pursuant to Section 1725.5 of the Labor Code of each subcontractor who will perform work or labor or render service to the prime Contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime Contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent of the prime Contractor's total bid. Said list shall include name and address of each subcontractor. Upon request and within two (2) business days after the date of the bid opening, the bidder also shall provide information to the Engineer about the listed subcontractor(s) identifying the description of work subcontracted; and the subcontract amount. The prime Contractor shall list only one subcontractor for each portion as is defined by the prime Contractor in his or her bid.

An inadvertent error in listing the California contractor license number or public works contractor registration number provided pursuant to the above paragraph shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive if the corrected contractor's license number is submitted to the public entity by the prime contractor within 24 hours after the bid opening and provided the corrected contractor's license number corresponds to the submitted name and location for that subcontractor.

Any information requested by the City concerning any subcontractor who the prime contractor is required to list under this subdivision, other than the subcontractor's name, location of business, the California contractor license number, and the public works contractor registration number, may be submitted by the prime contractor up to 24 hours after the deadline established by the City for receipt of bids by prime contractors.

A sheet for listing all the subcontractors is included in the proposal.

2-1.07 Supplemental Project Information Available to Bidders

The information referenced herein will be furnished to bidders upon request by contacting City’s project manager by email Lucas.Woodward@hayward-ca.gov. The information is furnished as reference material and is not part of the Contract Documents. The information is to be used by Bidders “For Information Only”.

2-1.08 Product Substitution

Attention is directed to Public Contract Code §3400.

City Funded Project 10 City Project

Unless otherwise specified, where a material, product, thing, or service is identified by specific brand or trade name in these specifications and plans, the bidder may furnish or propose an equivalent material, product, thing, or service, subject to approval of the City Engineer.

As further limitation on Bidder’s privilege to substitute items, pursuant to Public Contract Code § 3400(c), the City Council of the City of Hayward has found that certain items are designed as City of Hayward standards and certain items are designed to match existing items in use on a particular public improvement, either completed or in the course of completion. As to such items, City of Hayward will not permit substitution.

The bidder shall provide data substantiating a request for a substitution of “an equal” item no later than 35 days after the date of Notice of Award. After that date, the City of Hayward will not accept “or equal” substitution requests. No substitutions requests will be accepted or considered by the City of Hayward prior to the bid opening date. To assess “or equal” acceptability of product or system, submittals of substitutions shall contain the information set forth below. Insufficient information will be grounds for rejection of substitution. The City Engineer’s decision regarding a request for substitution of “an equal” item shall be final. If the bidder fails to submit supporting data within the time frame specified, the City reserves the right to reject the substitution request.

Substitution Submittals

A. Pre-bid substitution requests will not be considered. No Substitution request will be accepted or considered by City of Hayward prior to bid.

B. Submit Substitution Request packages using the form provided, “Substitution Request Form

– Exhibit H.”

C. Identify the product, or installation method to be replaced in each request. Include related Specification Section and Drawing numbers. Document compliance with requirements for substitutions, and the following information, as appropriate:

1. Product Data, including Drawings and descriptions of products, fabrication, and installation procedures.

2. Samples, where applicable or requested.

3. Detailed comparison of significant qualities of proposed substitution with those of the Work specified. Significant qualities may include attributes such as performance, weight, size, durability, visual effect, and specific features and requirements indicated.

4. All variations of the proposed substitute from the material specified including, but not limited to, principles of operation, materials, or construction finish, thickness or gauge of materials, dimensions, weight, and tolerances.

5. List of similar installations for completed projects with project names and addresses and names and addresses of architects and owners.

6. A list of changes or modifications needed to other parts of the Work and to construction performed by the Owner and separate Contractors that will be necessary to accommodate the proposed substitution.

7. Material test reports from a qualified testing agency indicating and interpreting test results for compliance with requirements indicated.

8. Detailed comparison of Contractor's Construction Schedule using proposed substitution with products specified for the Work, including effect on the overall Contract Time. If specified product or method of construction cannot be provided within the Contract Time, include letter from manufacturer, on manufacturer's letterhead, stating lack of availability or delays in delivery.

City Funded Project 11 City Project

9. A statement indicating the substitution's effect on the Construction Schedule compared to the schedule without approval of the substitution. Indicate the effect of the proposed substitution on overall Contract Time.

10. Cost information, including a proposal of the net change, if any in the Contract Sum.

11. Certification that the substitution is equal-to or better in every respect to that required by Contract Documents, and that it will perform adequately in application indicated. Include Contractor's waiver of rights to additional payment or time that may be necessary because of the substitution's failure to perform adequately.

12. The Contractor waives claim for additional costs and time associated with the proposed product, which may subsequently become apparent.

13. The Contractor shall provide information on availability of maintenance service, repair, and source of replacement materials, and provide a sample of Manufacturer’s standard form of guarantee or warranty for proposed product.

Increases or decreases in operating, maintenance, repair, replacement, and spare parts costs.

Substitutions

A. Conditions: The Contractor's substitution request will be received and considered by the Engineer when one (1) or more of the following conditions are satisfied, as determined by the Engineer; otherwise, requests will be returned without action except to record noncompliance with these requirements.

1. Extensive revisions to Contract Documents are not required.

2. Proposed changes are in keeping with the general intent of the Contract Documents.

3. The request is timely, fully documented and properly submitted.

4. The request is directly related to an "or equal" clause or similar language in the

Contract Documents.

5. The specified product or method of construction cannot be provided within the

Contract Time. The request will not be considered if the product or method cannot be provided because of failure to pursue the Work promptly or coordinate activities properly.

6. A substantial advantage is offered the Owner, in terms of cost, time, energy conservation or other considerations of merit, after deducting offsetting responsibilities the Owner may be required to bear. Additional responsibilities for the Owner may include additional compensation to the Engineer for redesign and evaluation services, increased cost of other construction by the Owner or Separate Contractors, and similar considerations.

7. The specified product or method of construction cannot be provided in a manner that is compatible with other materials, and where the Contractor certifies that the substitution will overcome the incompatibility.

8. The specified product or method of construction cannot be coordinated with other materials, and where the Contractor certifies that the proposed substitution can be coordinated.

9. The specified product or method of construction cannot provide a warranty required by the Contract Documents and where the Contractor certifies that the proposed substitution provides the required warranty.

B. No substitutions shall be made until approved, in writing, by the Engineer. The burden of proof as to equality of any material, process, or article shall rest with Contractor. The Contractor warrants that if substitutes are approved:

1. The proposed substitute is equal or superior in all respects to that specified, and that such proposed substitute is suitable and fit for the intended purpose and will perform

City Funded Project 12 City Project adequately the function and achieve the results called for by the general design and the Contract Documents.

2. The Contractor provides the same warranties and guarantees for the substitute that would be provided for that specified.

3. The Contractor shall be fully responsible for the installation of the substitute and any changes in the Work required, either directly or indirectly, because of the acceptance of such substitute, with no increase in Contract Price or Contract Time. Incidental changes or extra component parts required to accommodate the substitute will be made by the Contractor without a change in the Contract Price or Contract Time.

4. The Contractor shall be responsible for any re-design costs occasioned by Owner's acceptance and/or approval of any substitute; and

5. The Contractor shall, if a substitute is less costly than that specified, credit the Owner with one hundred percent (100%) of the net difference between the substitute and the originally specified material. In this event, the Contractor agrees to execute a deductive Change Order to reflect that credit.

C. In the event Contractor furnishes a material, process, or article more expensive than that specified, the difference in the cost of that material, process, or article so furnished shall be borne by Contractor.

D. In no event shall the Owner be liable for any increase in Contract Price or Contract Time due to any claimed delay in the evaluation of any proposed substitute or in the acceptance or rejection of any proposed substitute.

E. The Contractor's submittal and Engineer's acceptance of Shop Drawings, Product Data or

Samples that relate to construction activities not complying with the Contract Documents, does not constitute an acceptable or valid request for substitution, nor does it constitute approval.

SECTION 3. AWARD AND EXECUTION OF CONTRACT

3-1.01 General

The bidder's attention is directed to the provisions in Section 3, "Contract Award and Execution," of the Standard Specifications and “Award, and Execution of Contract,” of these Special Provisions for the requirements and conditions concerning award and execution of contract.

Contractor’s attention is directed to Section 6-1, “City of Hayward Non-Discriminatory Employment Practices Provision,” of these Special Provisions.

Subcontractors must be named in the bid. See Section 2-1.06 "Subcontracting," of these Special Provisions.

3-1.02 Reserved

3-1.03 Contractor’s Reference Information

If the successful bidder (low bidder) has not had a contract with the City in the last five (5) years for similar type and size of work, the low bidder may be requested to submit the reference information to the City after the bids are received. When requested, the low bidder shall submit information on all construction projects the bidder has been engaged in within the last 5 years. Reference information shall include project owner and address, project manager and/or inspector’s name and phone number, project description, project size in dollars, and status of completion. Additionally, if any listed work was

City Funded Project 13 City Project under a subcontract, the low bidder shall also provide the prime Contractor’s name and contact information. The reference information shall be submitted to the office of the Engineer within two days from the date of the request. Failure to submit the required Contractor’s reference information by the time specified will be grounds for finding the bid or proposal non-responsive. Other bidders need not submit information unless requested to do so by the City. When such request is made, the Contractor’s reference information of such bidders shall be submitted within 2 days of the request.

Responsible Bidder: Means a Bidder who can demonstrate they have the qualifications, fitness, capacity, and experience in all respects to perform fully the requirements under the Contract Documents and who has the integrity and reliability to assure good faith performance, including:

1. Financial, material, equipment, facility, and personnel resources and expertise necessary to meet contractual requirements.

2. A record of integrity.

3. A record of Successful Project Completions defined as:

a. Completion of project on time and without liquidated damages.

b. Completion of project without excessive defective work issues.

c. Completion of project without excess or meritless claims or disputes issues.

4. Qualified legally to contract with the City.

5. Has not failed to supply any necessary information in connection with the inquiry concerning responsibility, and.

6. Bidder has the experience and qualifications required by the Contract Documents, including, but not limited to, completion of a minimum of three (3) construction contracts of similar scope and value. Project references to be included in the Proposal Form.

Bidder understands and acknowledges that compliance with these requirements and related sections of the Contract Documents go to the responsibility of Bidder, and to be eligible for award of the Contract.

3-1.04 Contract Award and Execution

The Contractor’s attention is directed to Section 2-1.46, “Bid Rejection,” of the Standard Specifications.

The right is reserved to reject any and all proposals. The right is also reserved to waive any informalities or irregularities in bids received.

The award of the contract, if it be awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements prescribed. Such award, if made, will be made within 45 days after the opening of the proposals. This period of time specified above within which the award of contract may be made shall be subject to extension for such further period as may be agreed upon in writing between the Department and the bidder concerned.

All bids will be compared on the basis of the Engineer's Estimate of the quantities of the work to be done.

Section 3-1.18 “Contract Execution,” of the Standard Specifications is amended to read:

The successful bidder must sign the Contract form and shall deliver the following to the Engineer:

1. Signed Contract form

2. Contract bonds

3. Certificate of insurance with documents to verify any self-insurance coverage as required by Section 3-1.07, “Insurance Policies,” of the Standard Specifications and Section 5-1.07, “Indemnification and Insurance Requirements” of these Special Provisions. At the discretion of the Engineer, a copy of insurance policies

City Funded Project 14 City Project may be also required to be submitted with the submission of the certificate of insurance within a specified time period.

4. Contractor’s Reference Information, if requested

5. Draft copy of the proposed contract with each sub-contractor that will be working on the project, if requested. An executed copy shall be submitted prior to construction.

The Engineer must receive these documents within ten (10) business days after the bidder receives the contract for execution.

The bidder's security may be forfeited for failure to execute the contract within the time specified (Pub Cont Code §§ 10181, 10182, and 10183).

A copy of the Contract form is included at the end of these Special Provisions.

3-1.04A Bid Protest Procedures

Any bid protest of the proposed award of bid to the bidder deemed the lowest responsible bidder must be submitted in writing no later than 5:00 p.m. on the fifth (5th) business day following the date of the bid opening to the following address: City of Hayward, Office of the City Clerk, 777 B Street, Hayward, CA 94541. The following conditions will apply to all protests:

1. At time of filing the bid protest, a processing fee of $500.00 will be charged.

2. The initial protest document must contain a complete statement of the basis for the protest.

3. The protest must state the facts and refer to the specific portion of the document or the specific statute that forms the basis for the protest.

4. The protest must include the name, address, and telephone number of the person representing the protesting party. If a fax number or email address is available, it should also be included.

5. The party filing the protest must have actually submitted a bid on the project or must be a legal representative of a party that has actually submitted a bid on the project. A subcontractor of a party filing a bid on this project may not submit a Bid Protest.

6. The party filing the protest must concurrently transmit a copy of the initial protest document and any attached documentation to all other parties with a direct financial interest that may be adversely affected by the outcome of the protest.

Such parties shall include all other Bidders who appear to have a reasonable prospect of receiving or being denied an award depending upon the outcome of the protest.

The procedure and time limits set forth in this paragraph are mandatory and are the bidder’s sole and exclusive remedy in the event of a bid protest. The Bidder’s failure to comply with these procedures shall constitute a waiver of any right to further pursue the bid protest, including filing a challenge of the award pursuant to the California Public Contracts Code, filing of a claim pursuant to the California Government Code, or filing of any other legal proceedings. A Bidder must not rely on a Bid Protest submitted by another Bidder but must timely pursue its own protest.

The City will respond to any properly submitted protest within fifteen (15) calendar days. The City shall not be required to hold an administrative hearing to consider a timely protest but may do so at the option of the Engineer, or if otherwise legally required. At the time of the City Councils’

City Funded Project 15 City Project consideration of the award of the bid, the City Council shall also consider the merits of any timely protests and the Engineer’s recommendation thereon. The City Council may either accept the protest and award the bid to the next lowest responsible bidder or reject the protest and award to the lowest responsible bidder. Nothing in this section shall be construed as a waiver of the City Council’s right to reject all bids. The City’s decision on the protest shall be final.

The City reserves the right to waive any bid irregularities not affecting the amount of the bid, except where such waiver would give the low bidder an advantage or benefit not allowed to other bidders.

3-1.05 Contract Bonds

Section 3-1.05, "Contract Bonds (PUB CONT CODE §§ 10221 AND 10222)," of the Standard Specifications is amended to read:

At the time of the execution of the contract agreement for the work and at his own expense, the successful bidder must furnish 2 separate surety bonds:

1. Payment bond to secure the claim payments of laborers, workers, mechanics, or materialmen providing goods, labor, or services under the Contract. This bond must be equal to at least 110 percent (110%) of the total bid.

2. Performance bond to guarantee the faithful performance of the Contract. This bond must be equal to at least 110 percent (110%) of the total bid. This obligation may be reduced to an amount equal to at least ten percent (10%) of the contract price upon final acceptance, for a period of one year from the date of acceptance of work.

Sureties on each of said bonds shall be executed by a corporate surety authorized to engage in such business in the State of California and shall be satisfactory to the City Attorney.

Bond forms are included in the Contract at the end of these Special Provisions.

City Funded Project 16 City Project

SECTION 4. BEGINNING OF WORK, TIME OF COMPLETION, AND LIQUIDATED DAMAGES

Attention is directed to the provisions in Section 8-1.04, "Start of Job Site Activities," in Section 8-1.05, "Time," and in Section 8-1.10, "Liquidated Damages," of the Standard Specifications and elsewhere in these Special Provisions. These provisions are supplemented by the following.

Preconstruction Conference: Prior to the issuance of the Notice to Proceed, a pre-construction conference will be held at the Office of the Engineer for the purpose of discussing with the Contractor the scope of the work, contract plans and specifications, and the Contractor's schedule. Unless otherwise approved by the Engineer, the Contractor's proposed superintendent shall be present and at least one representative from each listed subcontractor. The time and date for the pre-construction conference will be scheduled by the Engineer.

Notice to Proceed: A Notice to Proceed will be issued for each task order, with the first chargeable working day on the following workday. The Contractor shall begin work within 10 calendar days after receiving the Notice to Proceed.

City Funded Project 17 City Project

Section 5. General

SECTION 5-1. MISCELLANEOUS

5-1.01 Equipment Rental Rates and Labor Surcharge

The labor surcharge, equipment rental rates and the right of way delay factors for each classification of equipment are listed in the Department of Transportation publication entitled Labor Surcharge and Equipment Rental Rates.

5-1.02 General Prevailing Wage Rates

Attention is directed to Section 7-1.02K (1), “General,” of the Standard Specifications.

The following sentence is added to the end of the first paragraph in Section 7-1.02K (1), “General,” of the Standard Specifications:

Any Contractor who is awarded a public works project and intends to use a craft or classification not shown on the general prevailing wage determinations, may be required to pay the wage rate of the craft or classification most closely related to it as shown in the general determinations in effect on the date of advertisement for the project.

The second paragraph in Section 7-1.02K (2), “General,” of the Standard Specifications are amended to read:

The general prevailing wage rates and any applicable changes to these wage rates are available:

1. At the office of the Engineer, Department of Public Works & Utilities, Engineering and Transportation Division, 2nd floor, of the Hayward City Hall, 777 “B” Street, Hayward, CA 94541.

2. From the Department of Industrial Relations’ Web site at http:/www.dir.ca.gov

Pursuant to Section 1773.2 of the Labor Code, general prevailing wage rates that are in effect on the date of the advertisement for the project and by reference are made a part of the contract, shall be posted by the Contractor at a prominent place at the site of the work.

The last sentence in the fourth paragraph in Section 7-1.02K (2), “General,” of the Standard Specifications is amended to read:

Changes in general prevailing wage determinations that conform to Labor Code Section

1773.6 and Title 8 California Code of Regulations Section 16204 shall apply to the project when issued by the Director of Industrial Relations by the date of the advertisement for the project.

The Contractor shall have full responsibility, and subsequent liability for enforcing the general prevailing wage rate requirements upon all subcontractors utilized by the Contractor in the performance of this contract.

Attention is directed to Section 7-1.02K (3), “Certified Payroll Records (Labor Code §1776),” of the Standard Specifications. Regulations implementing said Section 1776 are located in Sections 16000 et seq of Title 8, California Code of Regulations.

City Funded Project 18 City Project

The first sentence of 7-1.02K (3), “Certified Payroll Records (Labor Code §1776),” of the Standard Specifications is amended to read:

Two copies of all payroll’s records, weekly, including those of subcontractors shall be submitted weekly to the Engineer.

Registration with DIR: No contractor or subcontractor may be awarded a contract for work on a public works project or may perform any work on a public works project, unless the contractor or subcontractor is currently registered with the DIR and qualified to perform public work pursuant to Labor Code Section 1725.5. Notwithstanding anything to the contrary, if at any time during the performance of the Work, the Contractor or any of its subcontractors is not duly registered pursuant to Labor Code Section 1725.5 (including, without limitation, if the DIR revokes the registration), the City may cancel the Agreement and/or replace the Contractor or subcontractor with a contractor or subcontractor that is duly registered pursuant to Labor Code Section 1725.5.

5-1.03 Engineer’s Authority

Section 5-1.03, “Engineer’s Authority” of the Standard Specifications is amended to read:

The Engineer shall decide all questions which may arise as to the quality or acceptability of materials furnished and work performed and as to the manner of performance and rate of progress of the work; all questions which may arise as to the interpretation of the plans and specifications; all questions as to the acceptable fulfillment of the contract on the part of the Contractor; and all questions as to compensation.

The Engineer makes the final decision on questions regarding the Contract, including:

1. Work quality and acceptability

2. Manner of performance of the work

3. Drawing and specification interpretation

4. Acceptable contract fulfillment on the part of the Contractor

5. Time and rate of progress of the work

6. Measurement and payment

Failure to enforce a Contract part does not waive enforcement of any other Contract provision.

The Engineer may reject work that does not comply with the Contract at any time, including after a payment has been made.

5-1.04 Inspection and Working Hours

The Engineer shall, at all times, have safe access to the work during its construction, and shall be furnished with every reasonable facility for ascertaining that the materials and the workmanship are in accordance with the requirements and intentions of these specifications, the special provisions and the plans. All work done and all materials furnished shall be subject to the Engineer’s inspection.

The inspection of the work or materials shall not relieve the Contractor of any of the Contractor’s obligations to fulfill the contract as prescribed. Work and materials not meeting the requirements shall be made good and unsuitable work or materials may be rejected, notwithstanding that the work or materials have been previously inspected by the Engineer or that payment therefor has been included in a progress estimate.

The Contractor shall coordinate inspections from various City departments and allow in his schedule the time necessary for scheduling of the inspections and the actual inspection time. The Department

City Funded Project 19 City Project of Public Works & Utilities – Engineering & Transportation has no authority over the City Building Division or Fire Department Inspectors and will not provide coordination between these separate City entities. No additional working days or compensation will be allowed for due to inspection scheduling and the actual inspection.

Working Hours

All work performed on Saturdays, Sundays, any trade union holidays, or on weekdays before 7:30 a.m.

or after 4:30 p.m. may be subject to charges for overtime inspection by City’s Forces. The overtime inspection is charged at one and one-half times the hourly rate. Inspection performed on City (Legal) holidays, which are trade union workdays, will not be charged to the Contractor. The hourly rate for inspectors shall be as set forth in the current City of Hayward Positions and Salaries Resolution.

All Contractors’ work shall also meet the time restriction requirements specified in the sections 5-1.21 “Sound Control Requirements,” and 10-1.11 “Maintaining Traffic,” elsewhere in these Special Provisions. The following is a summary of the various hours for contractor’s operation for the project. It is the Contractor’s responsibility to read the details and requirements in each section mentioned in the table. Any deviation from these hours requires written approval of the Engineer.

DESCRIPTION HOURS DAYS

SECTION TITLE

(Location) Contractor’s Normal Working or Normal Inspection Hours 7:30 a.m. to 4:30 p.m.

Weekdays except trade union holidays

INSPECTION

(Section 5)

Sound Control (Noise level may exceed 6 dba above the ambient noise in residential areas only during the hours shown)

7:00 a.m. to 7:00 p.m. Daily

SOUND

CONTROL

REQUIREMENTS

(Section 5)

10:00 a.m. to 6:00 p.m.

Sundays and designated legal holidays*

Traffic Control For Lane Closure

8:00 a.m. to 4:00 p.m.

Monday through Friday except designated legal holidays

MAINTAINING

TRAFFIC

(Section 10-1)

*Same as the “designated legal holidays” defined in “Maintaining Traffic”

5-1.05 Labor Nondiscrimination

Section 7-1.02I (2), “Nondiscrimination,” of the Standard Specifications is amended to read:

Attention is directed to Section 1735 of the Labor Code, which reads as follows:

“No discrimination shall be made in the employment of persons upon public works because of the race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, or sex of such persons, except as provided in Section 12940 of the Government Code, and every contractor for public works violating this section is subject to all the penalties imposed for a violation of this chapter.”

The Contractor is directed to Section 6, “City of Hayward Requirements,” of these Special Provisions for the Nondiscrimination Provisions.

5-1.06 Contractor License

City Funded Project 20 City Project

Section 3-1.06, “Contractor License,” of the Standard Specifications is amended to read:

Attention is directed to the provisions of Chapter 9 of Division 3 of the…