DEPARTMENT OF PUBLIC WORKS

NOTICE TO CONTRACTORS, SPECIAL

PROVISIONS, PROPOSAL, AND CONTRACT

FOR CONSTRUCTION OF

HAYWARD EXECUTIVE AIRPORT (HWD) –

TAXIWAY A1 AND TAXIWAY Z RECONSTRUCTION

PROJECT

City of Hayward

FOR USE IN CONNECTION WITH THE 2018 STANDARD SPECIFICATIONS AND

STANDARD PLANS OF THE CALIFORNIA DEPARTMENT OF TRANSPORTATION,

THE LATEST FEDERAL AVIATION ADMINISTRATION SPECIIFCATIONS, THE

LATEST CITY OF HAYWARD STANDARD DETAILS, CITY SPECIFICATIONS FOR

CONSTRUCTION OF SANITARY SEWER MAINS AND CITY SPECIFICATIONS FOR

CONSTRUCTION OF WATER MAINS

City Project No. 06819 State Project No. ……………

Federal FAA AIP No. 3-06-0103-XXX-2025

April 2025

Alex Ameri Director of Public Works

City Engineer R.C.E. No. 40155

Expiration Date: 9/30/26

SPECIFICATIONS & SPECIAL PROVISIONS FOR THE

CONSTRUCTION

OF

HAYWARD EXECUTIVE AIRPORT (HWD) –

TAXIWAY A1 AND TAXIWAY Z RECONSTRUCTION

PROJECT

City of Hayward

City Project No. 06819 State Project No. ………

Federal FAA AIP No. 3-06-0103-XXX-2025

April 2025

TO PURCHASE PLANS AND SPECIFICATIONS

AND TO CHECK BID RESULTS

Contact Engineering & Transportation at (510) 583-4734

FOR INFORMATION REGARDING THIS PROJECT

Contact Sundaresh Begur at (510) 583-4767

FOR CONTRACT COMPLIANCE

Contact Rita Perez at (510) 583-4801

CITY OF HAYWARD

DEPARTMENT OF PUBLIC WORKS

Revised NOTICE TO CONTRACTORS

SEALED proposals will be received at the office of the City Clerk, First Floor, Rotunda, 777 “B” Street, Hayward, California 94541-5007, until 2:00 p.m. on TUESDAY, May 20, 2025, at which time they will be publicly opened and read aloud in the Hayward City Hall Rotunda, of said building, for construction in accordance with the project plans and specifications to which special reference is made, as follows:

Title: Hayward Executive Airport (HWD) - Taxiway A1 & Taxiway Z Reconstruction Project

City Project No. 621-06819 FAA AIP No. 3-06-0103-XXX-2025

Project Description: The work consists, in general, of reconstruction of Taxiway A1 & Taxiway Z West at certain locations, drainage and grading of infield areas and related improvements and performing other items or details, not mentioned above, that are required by the plans, and as specified in the Standard Specifications or these Special Provisions.

Bids must include the base bid and all bid alternates to be considered complete and responsive.

The amount of the bid for purposes of comparison and award will be the Base Bid only. However, the City reserves the right to award only the Base Bid or the Base Bid plus all Bid Alternatives (1-

2) or Base Bid plus any Bid Alternatives.

The anticipated start date of construction is tentatively, Summer 2025.

The Engineer's estimated cost of construction for Base Bid is $1,850,670.

The Engineer's estimated cost of construction for Alternate Bid No. 1 is $913,400.

The Engineer's estimated cost of construction for Alternate Bid No. 2 is $2,133,470.

The work for Base Bid shall be completed within seventy-five (75) consecutive working days.

The work for Alternate Bid No. 1 shall be completed within twenty (20) consecutive working days.

The work for Alternate Bid No. 2 shall be completed within thirty (30) consecutive working days.

The Contractor shall pay to the City of Hayward the sum of $3,000 per day in excess of the number of calendar days prescribed above, for each calendar day delay in finishing the work. See details in the Special Provisions.

At the time this contract is awarded, the Contractor shall possess either a Class A or C-12, which constitute most of the work.

This project has a contract goal of 3.4 percent Disadvantaged Business Enterprise (DBE) participation. The City of Hayward affirms that in any contract entered pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation. As a condition of the award of contract, the bidder shall meet the established DBE participation goal or demonstrate to the satisfaction of the City, that he/she made a good faith effort to do so.

When the Engineer's estimated cost of construction is greater than $1,000,000, the contract is subject to the Community Workforce Agreement (CWA) which has an effective date of July 6, 2017.

The successful bidder and all subcontractors, at any tier, will be required to sign an Agreement to be Bound which can be found in an Exhibit in the Special Provisions as a condition precedent to entering any contract for this project.

Pursuant to Section 1770 of the Labor Code, the Director of the Department of Industrial Relations has ascertained the general prevailing rate of per diem wages applicable to the work to be performed, which rates are filed in the office of the Engineer, and copies of which are available to any interested parties on request.

In accordance with Labor Code Section 1771.1, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, or engage in the performance of any contract for public work unless currently registered with the State Department of Industrial Relations and qualified to perform public work pursuant to Labor Code Section 1725.5. Section 1771.1 applies to any bid proposal submitted on or after March 1, 2015 and/or any contract for public work entered on or after April 1, 2015.

Job Site Notices. Contractor shall post a Job Site Notice for this project pursuant to Title 8 California Code of Regulations Section 16451.

A bid submitted by any Contractor who is not licensed to engage in business or act in the capacity of a Contractor shall be considered non-responsive and shall be rejected, except for those exceptions governed by Section 7028.15 of the Business and Professions Code.

The City of Hayward hereby notifies all bidders that bidders will not be discriminated against on the grounds of race, color, religion, national origin, ancestry, place of birth, sex, sexual orientation, age, or disability in consideration for an award.

A hybrid pre-bid conference will be held on Wednesday, May 7, 2025, at 10:00 A.M. at the Hayward Executive Airport and via Microsoft Teams Meeting (visit www.bidnetdirect.com for website URL). A physical site walk is available after the meeting for those interested. The purpose of this conference is to answer Contractor's questions regarding the project requirements. Attending this conference is not a condition of submitting a bid, but prospective bidders are encouraged to attend.

Bidders are required to submit any questions in writing, via e-mail to Sundaresh.begur@hayward- ca.gov, no later than Wednesday, May 14, 2025 by 4:00PM, no exceptions. No other questions will be received after the deadline. Only written inquiries will be permitted. Copies of questions and answers will then be posted on the Construction Bidboard at www.bidnetdirect.com in a written document to all parties who are registered plan holders on Construction Bidboard.

Each bid must be accompanied by certified or cashier's check, or bidder's bond duly executed by a responsible corporate surety authorized to issue such bonds in the State of California, made payable to the City of Hayward for an amount equal to at least ten (10) percent of the amount bid.

The successful bidder shall furnish a Labor and Materials Bond and a Faithful Performance Bond. Each Bond shall be for 110% of the bid amount.

Bidder's attention is directed to Section 6-1, "City of Hayward Non-Discriminatory Employment Practices Provision," of the Special Provisions.

http://www.bidnetdirect.com/ mailto:Sundaresh.begur@hayward-ca.gov mailto:Sundaresh.begur@hayward-ca.gov http://www.bidnetdirect.com/

Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in the county, or counties, in which the work is to be done have been determined by the Director of the California Department of Industrial Relations. These wages are set forth in the General Prevailing Wage. Rates for this project, available at the office of the City Engineer and available from the California Department of Industrial Relations’ Internet web site at https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm. The Federal minimum wage rates for this project as predetermined by the United States Secretary of Labor are available at the Internet web site at https://www.dol.gov/general/topic/wages/govtcontracts and are included in these special provisions. Addenda to modify the Federal minimum wage rates, if necessary, will be issued to all plan holders. Future effective general prevailing wage rates, which have been predetermined and are on file with the California Department of Industrial Relations are referenced but not printed in the general prevailing wage rates.

If there is a difference between the minimum wage rates predetermined by the United States Secretary of Labor and the general prevailing wage rates determined by the Director of the California Department of Industrial Relations for similar classifications of labor, the Contractor and subcontractors shall pay not less than the higher wage rate. The City will not accept lower State wage rates not specifically included in the Federal minimum wage determinations. This includes "helper" (or other classifications based on hours of experience) or any other classification not appearing in the Federal wage determinations. Where Federal wage determinations do not contain the State wage rate determination otherwise available for use by the Contractor and subcontractors, the Contractor and subcontractors shall pay not less than the Federal minimum wage rate which most closely approximates the duties of the employees in question.

The Contractor may elect to receive 100 percent of payments due under the contract from time to time, without retention of any portion of the payment by the City, by depositing securities of equivalent value with the City in accordance with the provisions of Sections 22300 of the Public Contract Code. All expenses of such substitute deposit shall be borne by the Contractor. Securities eligible for investment under the section shall include those listed in Section 16430 of the California Government Code or certificates of deposit of a bank or savings and loan association. The Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. Such securities, if deposited by the Contractor, shall be valued by the City's Finance Director (Treasurer), whose decision on valuation of the securities shall be final.

Alternatively, upon the Contractor's request, the City will make payment of retentions earned directly to the escrow agent. The Contractor may direct the investment of the payments into securities, and the Contractor shall receive the interest earned on the investments upon the same terms provided for securities deposited by the Contractor. Upon satisfactory completion of the contract, the Contractor shall receive from the escrow agent all securities, interest and payments received by the escrow agent from the City, pursuant to the terms in Section 22300 of the Public Contract Code.

Prospective bidders and interested parties may download copies of the bid documents, related attachments and all future communication and correspondences regarding this bid process from BidNet Direct at www.bidnetdirect.com. The City’s current advertised projects on BidNet Direct can be accessed, and bid documents downloaded for FREE, through the City’s website at https://www.hayward-ca.gov/business/doing-business-with-hayward/bidding-construction. The City of Hayward will not be a distribution point for the bid documents. The bid documents may also be reviewed at the various builders exchanges and construction service offices throughout the San Francisco Bay Area.

https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm https://www.dol.gov/general/topic/wages/govtcontracts https://www.hayward-ca.gov/business/doing-business-with-hayward/bidding-construction

Project Addendum notifications will be issued through BidNet Direct at www.bidnetdirect.com. BidNet Direct will email notifications to all plan holders.

MIRIAM LENS - City Clerk

State and Federal Funded Project Project No. 06819 B.P. Revised Approved May 2023 1 April 2025

IMPORTANT

SPECIAL NOTICE

BIDDERS ARE ADVISED THAT:

1. As required by federal law, the City of Hayward is replacing its UDBE program with federal DBE regulations. Section 2, "Bidding" under subsection titled "Disadvantaged Business Enterprises and Women Business Enterprise (DBE/WBE) Voluntary Participation" and Section 5, "General," under subsection titled "General Prevailing Wage Rates" of these special provisions cover the DBE requirements.

2. Federal regulations are very strict as to the amount of effort which can be considered a “good faith effort” by the bidder to solicit and obtain DBE participation. Bidders are cautioned that failure to obtain the established goal or failure to provide documentation that a good faith effort was made, may be cause for rejection of bid.

3. The Contractor’s attention is directed to the FAA AIP Federal Requirements attached in these Special Provisions for additional requirements.

4. In addition to the typical daytime work shift, this project require may night time work to complete the project in the allotted time frame as shown in the project phasing plan drawings and these Special Provisions.

5. Night time ONLY work is required for this project as detailed in these Special Provisions.

6. The Hayward Executive Airport maintenance department shall furnish to the Contractor the use of a pair of portable lighted “X” runway closure markers if applicable and requested by the Contractor.

B.P. Revised Approved May 2023 2 April 2025

Table of Contents

NOTICE TO CONTRACTORS

PART I – GENERAL PROVISIONS

Section 1. Specifications and Plans

Section 2. Bidding

2-1.01 General 2-1.02 Non-discrimination/Non-preferential Treatment

2-1.02 A Federal Lobbying Restrictions 2-1.03 Disadvantaged Business Enterprise and Women Business Enterprise (DBE/WBE) Voluntary Participation 2-1.04 Disadvantaged Business Enterprise (DBE) 2-1.05 Outreach Efforts 2-1.06 Resource Lists 2-1.07 Subcontracting 2-1.08 Examination of Contract Documents and Project Site 2-1.09 Supplemental Project Information Available to Bidders 2-1.10 City Disclaimer on Supplemental Project Information 2-1.11 Subsurface Conditions 2-1.12 Existing Record Documents 2-1.13 Novel Coronavirus (COVID-19) Safety Requirements (UNLESS WAIVED) 2-1.14 Product Substitution 2-1.15 Performance of Subcontractors

Section 3. Award and Execution of Contract

3-1.01 General 3-1.02 Community Workforce Agreement (CWA) 3-1.03 Contractor’s Reference Information 3-1.04 Award and Execution of Contract 3-1.04 A Bid Protest Procedures 3-1.05 Contract Bonds

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

Section 5. GENERAL

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 Non-discrimination 5-1.06 Contractor License AND OR DIR REGISTRATION 5-1.07 Indemnification and Insurance Requirements 5-1.08 Contractor’s Control Termination 5-1.08A Contract Termination 5-1.08A.1 General 5-1.08A.2 Relief from Responsibility for Work 5-1.08A.3 Responsibility for Materials

B.P. Revised Approved May 2023 3 April 2025

5-1.08A.4 Contract Acceptance after Termination 5-1.08A.5 Payment Adjustment for Termination 5-1.09 Claims and Dispute Resolution 5-1.09A Deletion of State Standard Specifications for Partnering, Alternative Dispute Resolution and Arbitration 5-1.09B Addition of Mediator(s) under California Public Contract Code (PCC) §9204 5-1.09C Potential Claims; Claims; Dispute Resolution Requirements 5-1.09D Timing; Requirement to Complete Potential Claim Records 5-1.09E Application of California Government Code §930.2 et seq 5-1.09F Application of Public Contract Code §7105(d)(2) 5-1.09G Application of California Public Contract Code Section 20104.2 5-1.09H Final 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 5-1.13 Payment Adjustments for Price Index Fluctuation 5-1.14 Reserved 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 5-1.19B Encroachment Permits 5-1.19C Right of Entry 5-1.19D Temporary Construction Easements 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 5-1.26 Protection of Work 5-1.27 Provisions Required by Law 5-1.28 Excavation Deeper Than Four Feet 5-1.29 Trench Safety Plan 5-1.30 Main or Trunk Line Utility Facilities 5-1.31 Liquidated Damages 5-1.32 Project Records and Audit

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

Section 8. MATERIALS

8-1. Miscellaneous 8-1.01 General

B.P. Revised Approved May 2023 4 April 2025

8-1.02 City-Furnished Materials 8-1.02A Construction Staking 8-1.02B Survey Monuments 8-1.03 Submittals 8-1.04 Certificates of Compliance 8-1.05 Hazardous Materials

Section 9. Description of Work

Section 10. Construction Details

10-1 General 10-1.01 Work Area and Storage Area 10-1.02 Order of Work 10-1.03 Project Schedule 10-1.04 Dust Control 10-1.05 Mobilization 10-1.06 Public Safety

10-1.06 A Operational Safety on Airport During Construction……………………………… 10-1.06 B Limitation of Operations ……………………………………………………………… 10-1.07 Protection and Restoration of Property and Landscape………………………………………….. 71

10-1.08 Cooperation 10-1.09 Notifications 10-1.10 Vehicle Detector Loops 10-1.11 Supervision 10-1.12 Utility Location (Potholing)

10-1.12 A Contractor's Responsibility for Utility Service and Facilities of Others ………… 10-1.13 Obstructions – Existing Utilities 10-1.14 Test Pit Excavation (Subsurface Exploration) 10-1.15 Construction Area Signs 10-1.16 Barricades

10-1.16 A Barricades, Warning Signs, Construction Signs And Hazard Markings ………… 10-1.17 Maintaining Traffic

10-1.17 A Maintaining Traffic – Hayward Executive Airport ……………………………… 10-1.18 Traffic Control System for Lane Closure 10-1.19 Existing Highway Facilities

10-1.19 A Opening Sections of the Work to Traffic 10-1.19 B Adjust/Replace Survey Monuments and Runway Lights to Grade

10-1.20 Survey Monuments 10-1.21 Water Pollution Control and Storm Drain Pollution Prevention 10-1.22 Watering 10-1.23 Requirements for Recycling Construction & Demolition Debris 10-1.24 Demolition and Removal 10-1.25 Fences & Gates 10-1.26 Compensation for Work Not Listed in Bid Sheets 10-1.27 Adjustment of Work 10-1.28 Administrative Change Order (ACO) 10-1.29 Record Drawings 10-1.30 Warranties, Guarantees, and Instruction Sheets 10-2. Project Meetings

B.P. Revised Approved May 2023 5 April 2025

CONSTRUCTION & DEMOLITION DEBRIS RECYCLING EXHIBITS EXHIBITS A & B

TRAFFIC CONTROL SYSTEM FOR LANE CLOSURE T11 TO T13 EXHIBIT C

MONTHLY DBE TRUCKING VERIFICATION EXHIBIT D

FINAL REPORT OF UTILIZATION OF DISADVANTAGED BUSINESSES EXHIBIT E

DISADVANTAGED BUSINESS ENTERPRISES CERTIFICATION STATUS CHANGE EXHIBIT F

AIRPORT CONSTRUCTION SAFETY (CSSP) PLAN EXHIBIT G

FAA AIP FEDERAL REQUIREMENTS EXHIBIT H

SUBSTANTIAL COMPLETION DOCUMENT EXHIBIT I

FEDERAL MINIMUM WAGE RATES (LATEST DAVIS-BACON WAGE RATE) EXHIBIT J

ADMINISTRATIVE CHANGE ORDER FORM (SAMPLE) EXHIBIT K

STOP HUMAN TRAFFICKING POSTER (CA SENATE BILL 1193) EXHIBIT L

COMMUNITY WORKFORCE AGREEMENT EXHIBIT M

SUBSTITUTION REQUEST FORM EXHIBIT N

LOCAL AGENCY BIDDER-DBE COMMITMENT

(CONSTRUCTION CONTRACT) EXHIBIT 15-G

LOCAL AGENCY BIDDER-DBE INFORMATION EXHIBIT 15-G

DBE INFORMATION - GOOD FAITH EFFORTS EXHIBIT 15-H

PROPOSAL P-1

BID SHEET P-2.1 TO P-2.8

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

EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION P-7

BUY AMERICA P-8

NON-SEGREGATION FACILITIES P-9

PUBLIC CONTRACT CODE (STATEMENTS, QUESTIONNAIRE

AND NONCOLLUSION AFFIDAVIT) P-10

DEBARMENT AND SUSPENSION CERTIFICATION P-11

NONLOBBYING CERTIFICATION P-12

DISCLOSURE OF LOBBYING ACTIVITIES P-13

SIGNATURE OF BIDDER P-14

BIDDER'S BOND TO ACCOMPANY PROPOSAL P-15

AFFIRMATION OF NON-INVOLVEMENT IN DEVELOPMENT OR

PRODUCTION OF NUCLEAR WEAPONS P-16

FAA REQUIRED BID FORMS P-17

CONTRACT AGREEMENT C-1

SIGNATURE SHEET C-2

LABOR AND MATERIALS BOND C-3 AND C-4

PERFORMANCE BOND C-5 AND C-6

CONTRACT DRAWINGS

B.P. Revised Approved May 2023 6 April 2025

DRAWING TOTAL NUMBER TITLE

File No. of Sheets

E-2240 37 Hayward Executive Airport (HWD) – Taxiway And Taxiway Z Reconstruction Project City Project No.621-06819 FAA AIP No.3-06-0103-022-2020

PART II – TECHNICAL SPECIFICATIONS

PART III - FAA AIP REQUIREMENTS GENERAL GUIDELINES SPECIFICATIONS

1. FAA AIP GPs

2 FAA GENERAL PROVISIONS

3-COMBINED FEDERAL CONTRACT PROVISIONS

PART IV - 150-5370-2G OPERATIONAL SAFETY

PART V - HWD GEOTECHNICAL ENGINEERING REPORT

PART VI – CROSS-SECTIONS (UPON REQUEST)

B.P. Revised Approved May 2023 7 April 2025

CITY OF HAYWARD

DEPARTMENT OF PUBLIC WORKS

REVISED NOTICE TO CONTRACTORS

SEALED proposals will be received at the office of the City Clerk, First Floor, Rotunda, 777 “B” Street, Hayward, California 94541-5007, until 2:00 p.m. on TUESDAY, May 20, 2025, at which time they will be publicly opened and read aloud in the Hayward City Hall Rotunda, of said building, for construction in accordance with the project plans and specifications to which special reference is made, as follows:

Title: Hayward Executive Airport (HWD) - Taxiway A1 & Taxiway Z Reconstruction

Project City Project No. 621-06819 FAA AIP No. 3-06-0103-XXX-2025

Project Description: The work consists, in general, of reconstruction of Taxiway A1 & Taxiway Z West at certain locations, drainage and grading of infield areas and related improvements and performing other items or details, not mentioned above, that are required by the plans, and as specified in the Standard Specifications or these Special Provisions.

Bids must include the base bid and all bid alternates to be considered complete and responsive. The amount of the bid for purposes of comparison and award will be the Base Bid only. However, the City reserves the right to award only the Base Bid or the Base Bid plus all Bid Alternatives (1-2) or Base Bid plus any Bid Alternatives.

The anticipated start date of construction is tentatively, Summer 2025.

The Engineer's estimated cost of construction for Base Bid is $1,850,670.

The Engineer's estimated cost of construction for Alternate Bid No. 1 is $913,400.

The Engineer's estimated cost of construction for Alternate Bid No. 2 is $2,133,470.

The work for Base Bid shall be completed within seventy-five (75) consecutive working days.

The work for Alternate Bid No. 1 shall be completed within twenty (20) consecutive working days.

The work for Alternate Bid No. 2 shall be completed within thirty (30) consecutive working days.

The Contractor shall pay to the City of Hayward the sum of $3,000.00 per day in excess of the number of calendar days prescribed above, for each calendar day delay in finishing the work. See details in the Special Provisions.

At the time this contract is awarded, the Contractor shall possess either a Class A or C-12, which constitute most of the work.

This project has a contract goal of 3.4 percent Disadvantaged Business Enterprise (DBE) participation.

The City of Hayward affirms that in any contract entered pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation. As a condition of the award of contract, the bidder shall meet the established DBE participation goal or demonstrate to the satisfaction of the City, that he/she made a good faith effort to do so.

B.P. Revised Approved May 2023 8 April 2025

When the Engineer's estimated cost of construction is greater than $1,000,000, the contract is subject to the Community Workforce Agreement (CWA) which has an effective date of July 6, 2017. The successful bidder and all subcontractors, at any tier, will be required to sign an Agreement to be Bound which can be found in an Exhibit in the Special Provisions as a condition precedent to entering any contract for this project.

Pursuant to Section 1770 of the Labor Code, the Director of the Department of Industrial Relations has ascertained the general prevailing rate of per diem wages applicable to the work to be performed, which rates are filed in the office of the Engineer, and copies of which are available to any interested parties on request.

In accordance with Labor Code Section 1771.1, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, or engage in the performance of any contract for public work unless currently registered with the State Department of Industrial Relations and qualified to perform public work pursuant to Labor Code Section 1725.5. Section 1771.1 applies to any bid proposal submitted on or after March 1, 2015 and/or any contract for public work entered on or after April 1, 2015.

Job Site Notices. Contractor shall post a Job Site Notice for this project pursuant to Title 8 California Code of Regulations Section 16451.

A bid submitted by any Contractor who is not licensed to engage in business or act in the capacity of a Contractor shall be considered non-responsive and shall be rejected, except for those exceptions governed by Section 7028.15 of the Business and Professions Code.

The City of Hayward hereby notifies all bidders that bidders will not be discriminated against on the grounds of race, color, religion, national origin, ancestry, place of birth, sex, sexual orientation, age, or disability in consideration for an award.

A hybrid pre-bid conference will be held on Wednesday, May 7, 2025, at 10:00 A.M. at the Hayward Executive Airport and via Microsoft Teams Meeting (visit www.bidnetdirect.com for website URL). A physical site walk is available after the meeting for those interested. The purpose of this conference is to answer Contractor's questions regarding the project requirements. Attending this conference is not a condition of submitting a bid, but prospective bidders are encouraged to attend.

Bidders are required to submit any questions in writing, via e-mail to Sundaresh.begur@hayward-ca.gov, no later than Wednesday, May 14, 2025 by 4:00PM, no exceptions. No other questions will be received after the deadline. Only written inquiries will be permitted. Copies of questions and answers will then be posted on the Construction Bidboard at www.bidnetdirect.com in a written document to all parties who are registered plan holders on Construction Bidboard.

Each bid must be accompanied by certified or cashier's check, or bidder's bond duly executed by a responsible corporate surety authorized to issue such bonds in the State of California, made payable to the City of Hayward for an amount equal to at least ten (10) percent of the amount bid.

The successful bidder shall furnish a Labor and Materials Bond and a Faithful Performance Bond.

Each Bond shall be for 110% of the bid amount.

Bidder's attention is directed to Section 6-1, "City of Hayward Non-Discriminatory Employment Practices Provision," of the Special Provisions.

Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in the county, or counties, in which the work is to be done have been determined by the Director of the California Department of Industrial Relations. These wages are set forth in the General Prevailing Wage. Rates for this project, available at the office of the City Engineer and available from the California Department of Industrial Relations’ Internet web site at https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm.

The Federal minimum wage rates for this project as predetermined by the United States Secretary of

B.P. Revised Approved May 2023 9 April 2025

Labor are available at the Internet web site at https://www.dol.gov/general/topic/wages/govtcontracts and are included in these special provisions. Addenda to modify the Federal minimum wage rates, if necessary, will be issued to all plan holders. Future effective general prevailing wage rates, which have been predetermined and are on file with the California Department of Industrial Relations are referenced but not printed in the general prevailing wage rates.

If there is a difference between the minimum wage rates predetermined by the United States Secretary of Labor and the general prevailing wage rates determined by the Director of the California Department of Industrial Relations for similar classifications of labor, the Contractor and subcontractors shall pay not less than the higher wage rate. The City will not accept lower State wage rates not specifically included in the Federal minimum wage determinations. This includes "helper" (or other classifications based on hours of experience) or any other classification not appearing in the Federal wage determinations. Where Federal wage determinations do not contain the State wage rate determination otherwise available for use by the Contractor and subcontractors, the Contractor and subcontractors shall pay not less than the Federal minimum wage rate which most closely approximates the duties of the employees in question.

The Contractor may elect to receive 100 percent of payments due under the contract from time to time, without retention of any portion of the payment by the City, by depositing securities of equivalent value with the City in accordance with the provisions of Sections 22300 of the Public Contract Code. All expenses of such substitute deposit shall be borne by the Contractor. Securities eligible for investment under the section shall include those listed in Section 16430 of the California Government Code or certificates of deposit of a bank or savings and loan association. The Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. Such securities, if deposited by the Contractor, shall be valued by the City's Finance Director (Treasurer), whose decision on valuation of the securities shall be final.

Alternatively, upon the Contractor's request, the City will make payment of retentions earned directly to the escrow agent. The Contractor may direct the investment of the payments into securities, and the Contractor shall receive the interest earned on the investments upon the same terms provided for securities deposited by the Contractor. Upon satisfactory completion of the contract, the Contractor shall receive from the escrow agent all securities, interest and payments received by the escrow agent from the City, pursuant to the terms in Section 22300 of the Public Contract Code.

Prospective bidders and interested parties may download copies of the bid documents, related attachments and all future communication and correspondences regarding this bid process from BidNet Direct at www.bidnetdirect.com. The City’s current advertised projects on BidNet Direct can be accessed, and bid documents downloaded for FREE, through the City’s website at https://www.hayward-ca.gov/business/doing-business-with-hayward/bidding-construction. The City of Hayward will not be a distribution point for the bid documents. The bid documents may also be reviewed at the various builders exchanges and construction service offices throughout the San Francisco Bay Area.

Project Addendum notifications will be issued through BidNet Direct at www.bidnetdirect.com. BidNet Direct will email notifications to all plan holders.

MIRIAM LENS - City Clerk

B.P. Revised Approved May 2023 10 April 2025

CITY OF HAYWARD

DEPARTMENT OF PUBLIC WORKS

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

FOR

HAYWARD EXECUTIVE AIRPORT (HWD) – TAXIWAY A1 AND TAXIWAY Z RECONSTRUCTION PROJECT

PROJECT NO. 06819 FAA AIP NO. 3-06-0103-XXX-2025

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.

B.P. Revised Approved May 2023 11 April 2025

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.

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

AASHTO - The American Association of State Highway and Transportation Officials, the successor association to AASHO.

Access road - The right-of-way, the roadway and all improvements constructed thereon connecting the airport to a public highway.

B.P. Revised Approved May 2023 12 April 2025

Advertisement - A public announcement, as required by local law, inviting bids for work to be performed and materials to be furnished.

Airport Improvement Program (AIP) - A grant-in-aid program, administered by the Federal Aviation Administration (FAA).

Air operations area (AOA) - For the purpose of these specifications, the term air operations area (AOA) shall mean any area of the airport used or intended to be used for the landing, takeoff, or surface maneuvering of aircraft. An air operation area shall include such paved or unpaved areas that are used or intended to be used for the unobstructed movement of aircraft in addition to its associated runway, taxiway, or apron.

Airport - Airport means an area of land or water which is used or intended to be used for the landing and takeoff of aircraft; an appurtenant area used or intended to be used for airport buildings or other airport facilities or rights of way; and airport buildings and facilities located in any of these areas, and includes a heliport.

ASTM International (ASTM) - Formerly known as the American Society for Testing and Materials (ASTM).

Award - The Owner’s notice to the successful bidder of the acceptance of the submitted bid.

Bidder - Any individual, partnership, firm, or corporation, acting directly or through a duly authorized representative, who submits a proposal for the work contemplated.

Building area. An area on the airport to be used, considered, or intended to be used for airport buildings or other airport facilities or rights-of-way together with all airport buildings and facilities located thereon.

Calendar day - Every day shown on the calendar.

Change order - A written order to the Contractor covering changes in the plans, specifications, or proposal quantities and establishing the basis of payment and contract time adjustment, if any, for the work affected by such changes. The work, covered by a change order, must be within the scope of the contract.

Contract - The written agreement covering the work to be performed. The awarded contract shall include, but is not limited to: Advertisement, Contract Form, Proposal, Performance Bond, Payment Bond, any required insurance certificates, Specifications, Plans, and any addenda issued to bidders.

Contract item (pay item) - A specific unit of work for which a price is provided in the contract.

Contract time. The number of calendar days or working days, stated in the proposal, allowed for completion of the contract, including authorized time extensions. If a calendar date of completion is stated in the proposal, in lieu of a number of calendar or working days, the contract shall be completed by that date.

B.P. Revised Approved May 2023 13 April 2025

Contractor. The individual, partnership, firm, or corporation primarily liable for the acceptable performance of the work contracted and for the payment of all legal debts pertaining to the work who acts directly or through lawful agents or employees to complete the contract work.

Contractor’s laboratory - The Contractor’s quality control organization in accordance with the Contractor Quality Control Program.

Construction Safety and Phasing Plan (CSPP) - The overall plan for safety and phasing of a construction project developed by the airport operator, or developed by the airport operator’s consultant and approved by the airport operator. It is included in the invitation for bids and becomes part of the project specifications.

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.

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

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

Drainage system. The system of pipes, ditches, and structures by which surface or subsurface waters are collected and conducted from the airport area.

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.

Equipment - All machinery, together with the necessary supplies for upkeep and maintenance, and also all tools and apparatus necessary for the proper construction and acceptable completion of the work.

Extra work - An item of work not provided for in the awarded contract as previously modified by change order or supplemental agreement, but which is found by the Engineer to be necessary to complete the work within the intended scope of the contract as previously modified.

FAA - The Federal Aviation Administration of the U.S. Department of Transportation. When used to designate a person, FAA shall mean the Administrator or his or her duly authorized representative.

Federal specifications - The Federal Specifications and Standards, Commercial Item Descriptions, and supplements, amendments, and indices thereto are prepared and issued by the General Services Administration of the Federal Government.

Force account - Force account work is planning, engineering, or construction work done by the Sponsor’s employees.

B.P. Revised Approved May 2023 14 April 2025

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.

Intention of terms - Whenever, in these specifications or on the plans, the words “directed,” “required,” “permitted,” “ordered,” “designated,” “prescribed,” or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation, or prescription of the Engineer is intended; and similarly, the words “approved,” “acceptable,” “satisfactory,” or words of like import, shall mean approved by, or acceptable to, or satisfactory to the Engineer, subject in each case to the final determination of the Owner.

Any reference to a specific requirement of a numbered paragraph of the contract specifications or a cited standard shall be interpreted to include all general requirements of the entire section, specification item, or cited standard that may be pertinent to such specific reference.

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.

Lighting - A system of fixtures providing or controlling the light sources used on or near the airport or within the airport buildings. The field lighting includes all luminous signals, markers, floodlights, and illuminating devices used on or near the airport or to aid in the operation of aircraft landing at, taking off from, or taxiing on the airport surface.

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.

Materials. Any substance specified for use in the construction of the contract work.

Notice to Proceed (NTP) - A written notice to the Contractor to begin the actual contract work on a previously agreed to date. If applicable, the Notice to Proceed shall state the date on which the contract time begins.

Owner - The term “Owner” shall mean the party of the first part or the contracting agency signatory to the contract. Where the term “Owner” is capitalized in this document, it shall mean airport Sponsor only.

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.

Pavement - The combined surface course, base course, and subbase course, if any, considered as a single unit.

B.P. Revised Approved May 2023 15 April 2025

Plans - The official drawings or exact reproductions which show the location, character, dimensions and details of the airport and the work to be done and which are to be considered as a part of the contract, supplementary to the specifications.

Project - The agreed scope of work for accomplishing specific airport development with respect to a particular airport.

Runway - The area on the airport prepared for the landing and takeoff of aircraft.

Specifications -A part of the contract containing the written directions and requirements for completing the contract work. Standards for specifying materials or testing which are cited in the contract specifications by reference shall have the same force and effect as if included in the contract physically.

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.

Taxiway - For the purpose of this document, the term taxiway means the portion of the air operations area of an airport that has been designated by competent airport authority for movement of aircraft to and from the airport’s runways, aircraft parking areas, and terminal areas.

Work - The furnishing of all labor, materials, tools, equipment, and incidentals necessary or convenient to the Contractor’s performance of all duties and obligations imposed by the contract, plans, and specifications.

Working day - A working day shall be any day other than a legal holiday, Saturday, or Sunday on which the normal working forces of the Contractor may proceed with regular work for at least six (6) hours toward completion of the contract. When work is suspended for causes beyond the Contractor’s control, it will not be counted as a working day. Saturdays, Sundays and holidays on which the Contractor’s forces engage in regular work will be considered as working days.

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.

B.P. Revised Approved May 2023 16 April 2025

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…