October 2024 321216 - 6 City of Madera
Lions Town and Country Regional Park Trail
Restoration Project
1. After first strip has been placed and rolled, place succeeding strips and extend rolling to overlap previous strips. Overlap mix placement about 1 to 1-1/2 inches from strip to strip to ensure proper compaction of mix along longitudinal joints.
2. Complete a section of asphalt base course and binder course before placing asphalt surface course.
C. Promptly correct surface irregularities in paving course behind paver. Use suitable hand tools to remove excess material forming high spots. Fill depressions with hot-mix asphalt to prevent segregation of mix; use suitable hand tools to smooth surface.
3.7 JOINTS
A. Construct joints to ensure a continuous bond between adjoining paving sections. Construct joints free of depressions, with same texture and smoothness as other sections of hot-mix asphalt course.
1. Clean contact surfaces and apply tack coat to joints.
2. Offset longitudinal joints, in successive courses, a minimum of 6 inches.
3. Offset transverse joints, in successive courses, a minimum of 24 inches.
4. Construct transverse joints at each point where paver ends a day's work and resumes work at a subsequent time. Construct these joints using either "bulkhead" or "papered" method in accordance with AI MS-22, for both "Ending a Lane" and "Resumption of Paving Operations."
5. Compact joints as soon as hot-mix asphalt will bear roller weight without excessive displacement.
6. Compact asphalt at joints to a density within 2 percent of specified course density.
3.8 COMPACTION
A. General: Begin compaction as soon as placed hot-mix paving will bear roller weight without excessive displacement. Compact hot-mix paving with hot hand tampers or with vibratory-plate compactors in areas inaccessible to rollers.
1. Complete compaction before mix temperature cools to 185 deg F.
B. Breakdown Rolling: Complete breakdown or initial rolling immediately after rolling joints and outside edge. Examine surface immediately after breakdown rolling for indicated crown, grade, and smoothness. Correct laydown and rolling operations to comply with requirements.
C. Intermediate Rolling: Begin intermediate rolling immediately after breakdown rolling while hot-mix asphalt is still hot enough to achieve specified density. Continue rolling until hot-mix asphalt course has been uniformly compacted to the following density:
1. Average Density, Marshall Test Method: 96 percent of reference laboratory density in accordance with ASTM D6927 or AASHTO T 245, but not less than 94 percent or greater than 100 percent.
2. Average Density, Rice Test Method: 92 percent of reference maximum theoretical density in accordance with ASTM D2041/D2041M, but not less than 90 percent or greater than 96 percent.
IFB 202425-23 Lions Town & Country Park Trail Improvements Attachment A, Technical Specifications by O'Dell Engineering
October 2024 321216 - 7 City of Madera
Lions Town and Country Regional Park Trail
Restoration Project
D. Finish Rolling: Finish roll paved surfaces to remove roller marks while hot-mix asphalt is still warm.
E. Edge Shaping: While surface is being compacted and finished, trim edges of pavement to proper alignment. Bevel edges while asphalt is still hot; compact thoroughly.
F. Repairs: Remove paved areas that are defective or contaminated with foreign materials and replace with fresh, hot-mix asphalt. Compact by rolling to specified density and surface smoothness.
G. Protection: After final rolling, do not permit vehicular traffic on pavement until it has cooled and hardened.
H. Erect barricades to protect paving from traffic until mixture has cooled enough not to become marked.
3.9 INSTALLATION TOLERANCES
A. Pavement Thickness: Compact each course to produce thickness indicated within the following tolerances:
1. Base Course and Binder Course: Plus or minus 1/2 inch.
2. Surface Course: Plus 1/4 inch, no minus.
B. Pavement Surface Smoothness: Compact each course to produce surface smoothness within the following tolerances as determined by using a 10-foot straightedge applied transversely or longitudinally to paved areas:
1. Base Course and Binder Course: 1/4 inch.
2. Surface Course: 1/8 inch.
3. Crowned Surfaces: Test with crowned template centered and at right angle to crown.
Maximum allowable variance from template is 1/4 inch.
3.10 SURFACE TREATMENTS
A. Fog Seals: Apply fog seal at a rate of 0.10 to 0.15 gal./sq. yd. to existing asphalt pavement and allow to cure. With fine sand, lightly dust areas receiving excess fog seal.
B. Slurry Seals: Apply slurry coat in a uniform thickness in accordance with ASTM D3910 and allow to cure.
1. Roll slurry seal to remove ridges and provide a uniform, smooth surface.
3.11 PRIME COAT, PAINT BINDER, SEAL COAT AND ROLLING EQUIPMENT.
A. Reference City of Madera Standard Specification Section 13 Asphalt Concrete Pavement.
IFB 202425-23 Lions Town & Country Park Trail Improvements Attachment A, Technical Specifications by O'Dell Engineering
October 2024 321216 - 8 City of Madera
Lions Town and Country Regional Park Trail
Restoration Project
3.12 FIELD QUALITY CONTROL
A. Testing Agency: Engage a qualified testing agency to perform tests and inspections.
B. Thickness: In-place compacted thickness of hot-mix asphalt courses will be determined in accordance with ASTM D3549/D3549M.
C. Surface Smoothness: Finished surface of each hot-mix asphalt course will be tested for compliance with smoothness tolerances.
D. Asphalt Traffic-Calming Devices: Finished height of traffic-calming devices above pavement will be measured for compliance with tolerances.
E. In-Place Density: Testing agency will take samples of uncompacted paving mixtures and compacted pavement in accordance with ASTM D979/D979M or AASHTO T 168.
1. Reference maximum theoretical density will be determined by averaging results from four samples of hot-mix asphalt-paving mixture delivered daily to site, prepared in accordance with ASTM D2041/D2041M, and compacted in accordance with job-mix specifications.
2. In-place density of compacted pavement will be determined by testing core samples in accordance with ASTM D1188 or ASTM D2726/D2726M.
a. One core sample will be taken for every 1000 sq. yd. or less of installed pavement, with no fewer than three cores taken.
b. Field density of in-place compacted pavement may also be determined by nuclear method in accordance with ASTM D2950/D2950M and coordinated with ASTM D1188 or ASTM D2726/D2726M.
F. Replace and compact hot-mix asphalt where core tests were taken.
G. Remove and replace or install additional hot-mix asphalt where test results or measurements indicate that it does not comply with specified requirements.
3.13 WASTE HANDLING
A. General: Handle asphalt-paving waste in accordance with approved waste management plan required in Section 017419 "Construction Waste Management and Disposal." END OF SECTION 321216
IFB 202425-23 Lions Town & Country Park Trail Improvements Attachment A, Technical Specifications by O'Dell Engineering
October 2024 321313 - 1 City of Madera
Lions Town and Country Regional Park Trail
Restoration Project
SECTION 321313 - CONCRETE PAVING
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section.
1.2 SUMMARY
A. Section includes:
1. Curbs.
B. Related Requirements:
1. See City of Madera Standard Specification Section 14 Concrete Improvements. For current City of Madera Specifications, see City website below:
https://www.madera.gov/home/departments/engineering/standard-drawings/
2. Section 321216 "Asphalt Paving."
3. Section 321723 "Pavement Markings.”
1.3 DEFINITIONS
A. Cementitious Materials: Portland cement alone or in combination with one or more of blended hydraulic cement, fly ash, slag cement, and other pozzolans.
B. W/C Ratio: The ratio by weight of water to cementitious materials.
1.4 PREINSTALLATION MEETINGS
A. Preinstallation Conference: Conduct conference at Project site.
1. Review methods and procedures related to concrete paving, including but not limited to, the following:
a. Concrete mixture design.
b. Quality control of concrete materials and concrete paving construction practices.
2. Require representatives of each entity directly concerned with concrete paving to attend, including the following:
a. Contractor's superintendent.
b. Independent testing agency responsible for concrete design mixtures. c. Ready-mix concrete manufacturer.
d. Concrete paving Subcontractor.
IFB 202425-23 Lions Town & Country Park Trail Improvements Attachment A, Technical Specifications by O'Dell Engineering
October 2024 321313 - 2 City of Madera
Lions Town and Country Regional Park Trail
Restoration Project
e. Manufacturer's representative of stamped concrete paving system used for stamped detectable warnings.
1.5 ACTION SUBMITTALS
A. Product Data: For each type of product.
B. Samples for Initial Selection: For each type of product, ingredient, or admixture requiring color selection.
C. Design Mixtures: For each concrete paving mixture. Include alternate design mixtures when characteristics of materials, Project conditions, weather, test results, or other circumstances warrant adjustments.
1.6 INFORMATIONAL SUBMITTALS
A. Qualification Data: For qualified ready-mix concrete manufacturer and testing agency.
B. Material Certificates: For the following, from manufacturer:
1. Cementitious materials.
2. Steel reinforcement and reinforcement accessories.
3. Fiber reinforcement.
4. Admixtures.
5. Curing compounds.
6. Applied finish materials.
7. Bonding agent or epoxy adhesive.
8. Joint fillers.
C. Material Test Reports: For each of the following:
1. Aggregates.
D. Field quality-control reports.
1.7 PRECONSTRUCTION TESTING
A. Preconstruction Testing Service: Engage a qualified independent testing agency to perform preconstruction testing on concrete paving mixtures.
1.8 FIELD CONDITIONS
A. Traffic Control: Maintain access for vehicular and pedestrian traffic as required for other construction activities.
B. Cold-Weather Concrete Placement: Protect concrete work from physical damage or reduced strength that could be caused by frost, freezing, or low temperatures. Comply with ACI 306.1 and the following:
IFB 202425-23 Lions Town & Country Park Trail Improvements Attachment A, Technical Specifications by O'Dell Engineering
October 2024 321313 - 3 City of Madera
Lions Town and Country Regional Park Trail
Restoration Project
1. When air temperature has fallen to or is expected to fall below 40 deg F, uniformly heat water and aggregates before mixing to obtain a concrete mixture temperature of not less than 50 deg F and not more than 80 deg F at point of placement.
2. Do not use frozen materials or materials containing ice or snow.
3. Do not use calcium chloride, salt, or other materials containing antifreeze agents or chemical accelerators unless otherwise specified and approved in design mixtures.
C. Hot-Weather Concrete Placement: Comply with ACI 301 and as follows when hot-weather conditions exist:
1. Cool ingredients before mixing to maintain concrete temperature below 90 deg F at time of placement. Chilled mixing water or chopped ice may be used to control temperature, provided water equivalent of ice is calculated in total amount of mixing water. Using liquid nitrogen to cool concrete is Contractor's option.
2. Cover steel reinforcement with water-soaked burlap, so steel temperature will not exceed ambient air temperature immediately before embedding in concrete.
3. Fog-spray forms and subgrade just before placing concrete. Keep subgrade moisture uniform without standing water, soft spots, or dry areas.
PART 2 - PRODUCTS
2.1 CONCRETE, GENERAL
A. Reference City of Madera Standard Specifications Section 14 Concrete Improvements.
2.2 FORMS
A. Form Materials: Plywood, metal, metal-framed plywood, or other approved panel-type materials to provide full-depth, continuous, straight, and smooth exposed surfaces.
1. Use flexible or uniformly curved forms for curves with a radius of 100 feet or less.
B. Form-Release Agent: Commercially formulated form-release agent that will not bond with, stain, or adversely affect concrete surfaces and that will not impair subsequent treatments of concrete surfaces.
2.3 STEEL REINFORCEMENT
A. Plain-Steel Welded-Wire Reinforcement: ASTM A1064/A1064M, fabricated from galvanizedsteel wire into flat sheets.
B. Deformed-Steel Welded-Wire Reinforcement: ASTM A1064/A1064M, flat sheet.
C. Epoxy-Coated Welded-Wire Reinforcement: ASTM A884/A884M, Class A, plain steel.
D. Reinforcing Bars: ASTM A615/A615M, Grade 60; deformed.
IFB 202425-23 Lions Town & Country Park Trail Improvements Attachment A, Technical Specifications by O'Dell Engineering
October 2024 321313 - 4 City of Madera
Lions Town and Country Regional Park Trail
Restoration Project
E. Galvanized Reinforcing Bars: ASTM A767/A767M, Class II zinc coated, hot-dip galvanized after fabrication and bending; with ASTM A615/A615M, Grade 60 deformed bars.
F. Epoxy-Coated Reinforcing Bars: ASTM A775/A775M or ASTM A934/A934M; with ASTM A615/A615M, Grade 60 deformed bars.
G. Steel Bar Mats: ASTM A184/A184M; with ASTM A615/A615M, Grade 60 deformed bars; assembled with clips.
H. Plain-Steel Wire: ASTM A1064/A1064M, as drawn.
I. Deformed-Steel Wire: ASTM A1064/A1064M.
J. Epoxy-Coated-Steel Wire: ASTM A884/A884M, Class A; coated, plain.
K. Joint Dowel Bars: ASTM A615/A615M, Grade 60 plain-steel bars; zinc coated (galvanized) after fabrication according to ASTM A767/A767M, Class I coating. Cut bars true to length with ends square and free of burrs.
L. Epoxy-Coated, Joint Dowel Bars: ASTM A775/A775M; with ASTM A615/A615M, Grade 60 plain-steel bars.
M. Tie Bars: ASTM A615/A615M, Grade 60; deformed.
N. Hook Bolts: ASTM A307, Grade A, internally and externally threaded. Design hook-bolt joint assembly to hold coupling against paving form and in position during concreting operations, and to permit removal without damage to concrete or hook bolt.
O. Bar Supports: Bolsters, chairs, spacers, and other devices for spacing, supporting, and fastening reinforcing bars, welded-wire reinforcement, and dowels in place. Manufacture bar supports according to CRSI's "Manual of Standard Practice" from steel wire, plastic, or precast concrete of greater compressive strength than concrete specified, and as follows:
1. Equip wire bar supports with sand plates or horizontal runners where base material will not support chair legs.
2. For epoxy-coated reinforcement, use epoxy-coated or other dielectric-polymer-coated wire bar supports.
P. Epoxy Repair Coating: Liquid, two-part, epoxy repair coating, compatible with epoxy coating on reinforcement.
Q. Zinc Repair Material: ASTM A780/A780M.
2.4 CONCRETE MATERIALS
A. Reference City of Madera Standard Specifications Section 14 Concrete Improvements.
2.5 CURING MATERIALS
A. Reference City of Madera Standard Specifications Section 14 Concrete Improvements.
IFB 202425-23 Lions Town & Country Park Trail Improvements Attachment A, Technical Specifications by O'Dell Engineering
October 2024 321313 - 5 City of Madera
Lions Town and Country Regional Park Trail
Restoration Project
2.6 RELATED MATERIALS
A. Joint Fillers: ASTM D1751, asphalt-saturated cellulosic fiber in preformed strips.
B. Slip-Resistive Aggregate Finish: Factory-graded, packaged, rustproof, nonglazing, abrasive aggregate of fused aluminum-oxide granules or crushed emery aggregate containing not less than 50 percent aluminum oxide and not less than 20 percent ferric oxide; unaffected by freezing, moisture, and cleaning materials.
C. Bonding Agent: ASTM C1059/C1059M, Type II, non-redispersible, acrylic emulsion or styrene butadiene.
D. Epoxy-Bonding Adhesive: ASTM C881/C881M, two-component epoxy resin capable of humid curing and bonding to damp surfaces; of class suitable for application temperature, of grade complying with requirements, and of the following types:
E. Chemical Surface Retarder: Water-soluble, liquid, set retarder with color dye, for horizontal concrete surface application, capable of temporarily delaying final hardening of concrete to a depth of 1/8 to 1/4 inch.
F. Rock Salt: Sodium chloride crystals, kiln dried, coarse gradation with 100 percent passing 3/8- inch sieve and 85 percent retained on a No. 8 sieve.
2.7 CONCRETE MIXTURES
A. Prepare design mixtures, proportioned according to ACI 301, for each type and strength of normal-weight concrete, and as determined by either laboratory trial mixtures or field experience.
1. Use a qualified independent testing agency for preparing and reporting proposed concrete design mixtures for the trial batch method.
2. When automatic machine placement is used, determine design mixtures and obtain laboratory test results that comply with or exceed requirements.
B. Cementitious Materials: Use fly ash, pozzolan, slag cement, and silica fume as needed to reduce the total amount of portland cement, which would otherwise be used, by not less than 40 percent.
1. Fly Ash or Pozzolan: 25 percent.
2. Slag Cement: 50 percent.
3. Combined Fly Ash or Pozzolan, and Slag Cement: 50 percent, with fly ash or pozzolan not exceeding 25 percent.
C. Add air-entraining admixture at manufacturer's prescribed rate to result in normal-weight concrete at point of placement having an air content as follows:
1. Air Content, 1-1/2-inch Nominal Maximum Aggregate Size: [5-1/2] [4-1/2] [2-1/2] percent plus or minus 1-1/2 percent.
2. Air Content, 1-inch Nominal Maximum Aggregate Size: [6] [4-1/2] [3] percent plus or minus 1-1/2 percent.
IFB 202425-23 Lions Town & Country Park Trail Improvements Attachment A, Technical Specifications by O'Dell Engineering
October 2024 321313 - 6 City of Madera
Lions Town and Country Regional Park Trail
Restoration Project
3. Air Content, 3/4-inch Nominal Maximum Aggregate Size: [6] [5] [3-1/2] percent plus or minus 1-1/2 percent.
D. Limit water-soluble, chloride-ion content in hardened concrete to [0.15] [0.30] percent by weight of cement.
E. Chemical Admixtures: Use admixtures according to manufacturer's written instructions.
1. Use water-reducing admixture in concrete as required for placement and workability.
2. Use water-reducing and retarding admixture when required by high temperatures, low humidity, or other adverse placement conditions.
F. Color Pigment: Add color pigment to concrete mixture according to manufacturer's written instructions and to result in hardened concrete color consistent with approved mockup.
G. Concrete Mixtures: Normal-weight concrete.
2.8 CONCRETE MIXING
A. Ready-Mixed Concrete: Reference City of Madera Standard Specifications Section 14 Concrete Improvements.
PART 3 - EXECUTION
3.1 CONSTRUCTION
A. Reference City of Madera Standard Specifications Section 14 Concrete Improvements.
3.2 FINISHING
A. Curbs: Reference City of Madera Standard Specifications Section 14 Concrete Improvements.
3.3 CONCRETE PROTECTION AND CURING
A. Reference City of Madera Standard Specifications Section 14 Concrete Improvements.
3.4 BACKFILLING
A. Reference City of Madera Standard Specifications Section 14 Concrete Improvements.
3.5 ROCK POCKETS, AND CLEANING UP
A. Reference City of Madera Standard Specifications Section 14 Concrete Improvements.
IFB 202425-23 Lions Town & Country Park Trail Improvements Attachment A, Technical Specifications by O'Dell Engineering
October 2024 321723 - 1 City of Madera
Lions Town and Country Regional Park Trail
Restoration Project
SECTION 321723 - PAVEMENT MARKINGS
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section.
1.2 SUMMARY
A. Section Includes:
1. Painted markings applied to asphalt paving.
1.3 PREINSTALLATION MEETINGS
A. Preinstallation Conference: Conduct conference at Project site.
1. Review methods and procedures related to marking asphalt paving or concrete surfaces including, but not limited to, the following:
a. Asphalt-paving or concrete-surface aging period before application of pavement markings.
b. Review requirements for protecting pavement markings, including restriction of traffic during installation period.
1.4 ACTION SUBMITTALS
A. Product Data: Include technical data and tested physical and performance properties.
B. Shop Drawings: For pavement markings.
1. Indicate pavement markings, colors, pathway edges, dimensions to adjacent work.
1.5 QUALITY ASSURANCE
A. Regulatory Requirements: Comply with materials, workmanship, and other applicable requirements of CALTRANS for pavement-marking work.
1. Measurement and payment provisions and safety program submittals included in standard specifications do not apply to this Section.
IFB 202425-23 Lions Town & Country Park Trail Improvements Attachment A, Technical Specifications by O'Dell Engineering
October 2024 321723 - 2 City of Madera
Lions Town and Country Regional Park Trail
Restoration Project
1.6 FIELD CONDITIONS
A. Environmental Limitations: Proceed with pavement marking only on clean, dry surfaces and at a minimum ambient or surface temperature of 40 deg F for alkyd materials 55 deg F for waterbased materials, and not exceeding 95 deg F.
PART 2 - PRODUCTS
2.1 MANUFACTURERS
A. Source Limitations: Obtain pavement-marking paints from single source from single manufacturer.
2.2 PAVEMENT-MARKING PAINT
A. Thermoplastic Traffic-Marking Paint, Acrylic: Acrylic, waterborne emulsion, lead and chromate free, ready mixed, complying with FS TT-P-1952F, Type II, with drying time of less than 45 minutes.
1. Color: As indicated.
PART 3 - EXECUTION
3.1 EXAMINATION
A. Verify that pavement-marking substrate is dry and in suitable condition to begin pavement marking in accordance with manufacturer's written instructions.
B. Proceed with pavement marking only after unsatisfactory conditions have been corrected.
3.2 PAVEMENT MARKING
A. Do not apply pavement-marking paint until layout, colors, and placement have been verified with Landscape Architect.
B. Allow asphalt paving or concrete surfaces to age for a minimum of 30 days before starting pavement marking.
C. Sweep and clean surface to eliminate loose material and dust.
D. Apply paint with mechanical equipment to produce pavement markings, of dimensions indicated, with uniform, straight edges. Apply at manufacturer's recommended rates to provide a minimum wet film thickness of 15 mils.
1. Apply graphic symbols and lettering with paint-resistant, die-cut stencils, firmly secured to asphalt paving or concrete surface. Mask an extended area beyond edges of each IFB 202425-23 Lions Town & Country Park Trail Improvements Attachment A, Technical Specifications by O'Dell Engineering
October 2024 321723 - 3 City of Madera
Lions Town and Country Regional Park Trail
Restoration Project
stencil to prevent paint application beyond stencil. Apply paint so that it cannot run beneath stencil.
2. Broadcast glass beads uniformly into wet markings at a rate of 6 lb/gal.
3.3 PROTECTING AND CLEANING
A. Protect pavement markings from damage and wear during remainder of construction period.
B. Clean spillage and soiling from adjacent construction using cleaning agents and procedures recommended by manufacturer of affected construction.
END OF SECTION 321723
IFB 202425-23 Lions Town & Country Park Trail Improvements Attachment A, Technical Specifications by O'Dell Engineering
Know what'sbelow.
Callbefore you dig.
R
a Westwood company
Signature
Renewal Date
Date
L ICENSED LANDSCAPE ARCHITECT
STATE OF CA L I FORN I A
SAM I R K HA NNA # 6 3 6 0
05/31/25
10/28/2024
99 152
99 59
145
41 140
SCALE: 1" =
0 15 30 60
30'
Know what'sbelow.
Callbefore you dig.
R
a Westwood company
SCALE: 1" =
0 15 30 60
30'
Know what'sbelow.
Callbefore you dig.
R
a Westwood company
SCALE: 1" =
0 15 30 60
30'
Know what'sbelow.
Callbefore you dig.
R
a Westwood company
SCALE: 1" =
0 15 30 60
30'
Know what'sbelow.
Callbefore you dig.
R
a Westwood company
SCALE: 1" =
0 15 30 60
30'
Know what'sbelow.
Callbefore you dig.
R
a Westwood company
SCALE: 1" =
0 15 30 60
30'
Know what'sbelow.
Callbefore you dig.
R
a Westwood company
SCALE: 1" =
0 15 30 60
30'
Know what'sbelow.
Callbefore you dig. R
a Westwood company
Signature
Renewal Date
Date
L ICENSED
LANDS
CAPE
ARCHITECT
STATE
OF
CA
L
I
FORN I A
SA M I R
K
H
A
N
NA
# 6 3 6 0
05/31/25
10/28/2024
SCALE: 1" =
0 15 30 60
30'
Know what'sbelow.
Callbefore you dig.
R
a Westwood company
Signature
Renewal Date
Date
L ICENSED LANDSCAPE ARCHITECT
STATE OF CA L I FORN I A
SA M I R K HA NNA # 6 3 6 0
05/31/25
10/28/2024
SCALE: 1" =
0 15 30 60
30'
Know what'sbelow.
Callbefore you dig.
R
a Westwood company
Signature
Renewal Date
Date
L ICENSED LANDSCAPE ARCHITECT
STATE OF CA L I FORN I A
SA M I R K HA NNA # 6 3 6 0
05/31/25
10/28/2024
SCALE: 1" =
0 15 30 60
30'
Know what'sbelow.
Callbefore you dig.
R
a Westwood company
Signature
Renewal Date
Date
L ICENSED LANDSCAPE ARCHITECT
STATE OF CA L I FORN I A
SA M I R K HA NNA # 6 3 6 0
05/31/25
10/28/2024
SCALE: 1" =
0 15 30 60
30'
Know what'sbelow.
Callbefore you dig.
R
a Westwood company
Signature
Renewal Date
Date
L ICENSED LANDSCAPE ARCHITECT
STATE OF CA L I FORN I A
SA M I R K HA NNA # 6 3 6 0
05/31/25
10/28/2024
SCALE: 1" =
0 15 30 60
30'
Know what'sbelow.
Callbefore you dig.
R
a Westwood company
Signature
Renewal Date
Date
L ICENSED LANDSCAPE ARCHITECT
STATE OF CA L I FORN I A
SA M I R K HA NNA # 6 3 6 0
05/31/25
10/28/2024
SCALE: 1" =
0 15 30 60
30'
Know what'sbelow.
Callbefore you dig.
R
a Westwood company
SCALE: 1" =
0 15 30 60
30'
Know what'sbelow.
Callbefore you dig.
R
a Westwood company
SCALE: 1" =
0 15 30 60
30'
Know what'sbelow.
Callbefore you dig.
R
a Westwood company
SCALE: 1" =
0 15 30 60
30'
Know what'sbelow.
Callbefore you dig.
R
a Westwood company
SCALE: 1" =
0 15 30 60
30'
Know what'sbelow.
Callbefore you dig.
R
a Westwood company
SCALE: 1" =
0 15 30 60
30'
Know what'sbelow.
Callbefore you dig.
R
a Westwood company
Know what'sbelow.
Callbefore you dig. R
a Westwood company
Signature
Renewal Date
Date
L ICENSED
LANDS
CAPE
ARCHITECT
STATE
OF
CA
L
I
FORN I A
SA M I R
K
H
A
N
NA
# 6 3 6 0
05/31/25
10/28/2024
SCALE: 1" =
0 15 30 60
30'
Know what'sbelow.
Callbefore you dig. R
a Westwood company
Signature
Renewal Date
Date
L ICENSED
LANDS
CAPE
ARCHITECT
STATE
OF
CA
L
I
FORN I A
SA M I R
K
H
A
N
NA
# 6 3 6 0
05/31/25
10/28/2024
SCALE: 1" =
0 15 30 60
30'
Know what'sbelow.
Callbefore you dig.
R
a Westwood company
Signature
Renewal Date
Date
L ICENSED LANDSCAPE ARCHITECT
STATE OF CA L I FORN I A
SA M I R K HA NNA # 6 3 6 0
05/31/25
10/28/2024
SCALE: 1" =
0 15 30 60
30'
Know what'sbelow.
Callbefore you dig. R
a Westwood company
Signature
Renewal Date
Date
L ICENSED
LANDS
CAPE
ARCHITECT
STATE
OF
CA
L
I
FORN I A
SA M I R
K
H
A
N
NA
# 6 3 6 0
05/31/25
10/28/2024
SCALE: 1" =
0 15 30 60
30'
Know what'sbelow.
Callbefore you dig.
R
a Westwood company
Signature
Renewal Date
Date
L ICENSED LANDSCAPE ARCHITECT
STATE OF CA L I FORN I A
SA M I R K HA NNA # 6 3 6 0
05/31/25
10/28/2024
SCALE: 1" =
0 15 30 60
30'
Know what'sbelow.
Callbefore you dig. R
a Westwood company
Signature
Renewal Date
Date
L ICENSED
LANDS
CAPE
ARCHITECT
STATE
OF
CA
L
I
FORN I A
SA M I R
K
H
A
N
NA
# 6 3 6 0
05/31/25
10/28/2024
SCALE: 1" =
0 15 30 60
30'
Know what'sbelow.
Callbefore you dig.
R
a Westwood company
Signature
Renewal Date
Date
L ICENSED LANDSCAPE ARCHITECT
STATE OF CA L I FORN I A
SA M I R K HA NNA # 6 3 6 0
05/31/25
10/28/2024
R354'-6"
TYP.
13'
R236'-6"
R92'-6"
R48'-6"
R521'-11"
R6'-7"
R519'
R414'
R15'
R78'
R864'-11"
10'
EQ. 5'
EQ. 5'
10'
EQ. 5'
EQ. 5'
EQ. 6'-6"
EQ. 6'-6"
SCALE: 1" =
0 15 30 60
30'
Know what'sbelow.
Callbefore you dig. R
a Westwood company
Signature
Renewal Date
Date
L ICENSED
LANDS
CAPE
ARCHITECT
STATE
OF
CA
L
I
FORN I A
SA M I R
K
H
A
N
NA
# 6 3 6 0
05/31/25
10/28/2024
R357'-6"
R824'-6"
R105'-8"
R364'-6"
R398'-6"
EQ.
13'-3"
V.I.F.
EQ.
13'-3"
V.I.F.
13'
TYP.
SCALE: 1" =
0 15 30 60
30'
Know what'sbelow.
Callbefore you dig.
R
a Westwood company
Signature
Renewal Date
Date
L ICENSED LANDSCAPE ARCHITECT
STATE OF CA L I FORN I A
SA M I R K HA NNA # 6 3 6 0
05/31/25
10/28/2024
R268'-6"
R100'-6"
R238'-6"
R400'-6"
TYP. 13'
R224'-6"
R73'-6"
R139'
R7' TYP.
10'
EQ.
5'
EQ.
5'
SCALE: 1" =
0 15 30 60
30'
Know what'sbelow.
Callbefore you dig. R
a Westwood company
Signature
Renewal Date
Date
L ICENSED
LANDS
CAPE
ARCHITECT
STATE
OF
CA
L
I
FORN I A
SA M I R
K
H
A
N
NA
# 6 3 6 0
05/31/25
10/28/2024
R147'-6"
R1073'-6"
R176'-6"
R5367'-3"
13' TYP.
SCALE: 1" =
0 15 30 60
30'
Know what'sbelow.
Callbefore you dig. R
a Westwood company
Signature
Renewal Date
Date
L ICENSED
LANDS
CAPE
ARCHITECT
STATE
OF
CA
L
I
FORN I A
SA M I R
K
H
A
N
NA
# 6 3 6 0
05/31/25
10/28/2024
13'
TYP.
R184'-6"
R491'-6"
R38'
R10'
R1733'
R113'-10"
R101'
R210'-1"
R126' R210'-6"
R104'
EQ.
8'-6"
V.I.F.
EQ.
8'-6"
V.I.F.
13' TYP.
13' TYP.
R10'
R9'-11"
R5'-6"
R168'-1"
13' TYP.
R209'-5"
R549'-5"
13' TYP.
13' TYP.
13' TYP.
13' TYP. EQ. 6'-6"
EQ. 6'-6"
13' TYP. EQ. 6'-6"
EQ. 6'-6"
R50'-1"
EQ. 6'-6"
EQ. 6'-6"
SCALE: 1" =
0 15 30 60
30'
Know what'sbelow.
Callbefore you dig. R
a Westwood company
Signature
Renewal Date
Date
L ICENSED
LANDS
CAPE
ARCHITECT
STATE
OF
CA
L
I
FORN I A
SA M I R
K
H
A
N
NA
# 6 3 6 0
05/31/25
10/28/2024
R126'-6"
TYP.
13'
EQ.
22'-6"
R276'-6"
13'
TYP.
TYP.
13'
EQ.
22'-6"
R106'
R6'
45'
SCALE: 1" =
0 15 30 60
30'
Know what'sbelow.
Callbefore you dig.
R
a Westwood company
Signature
Renewal Date
Date
L ICENSED LANDSCAPE ARCHITECT
STATE OF CA L I FORN I A
SA M I R K HA NNA # 6 3 6 0
05/31/25
10/28/2024
Know what'sbelow.
Callbefore you dig.
R
a Westwood company
Signature
Renewal Date
Date
L ICENSED LANDSCAPE ARCHITECT
STATE OF CA L I FORN I A
SAM I R K HA NNA # 6 3 6 0
05/31/25
10/28/2024
CONSTRUCTION AGREEMENT
IFB 202425-23 LIONS TOWN Θ COUNTRY PARK TRAIL IMPROVEMENTS This Construction Agreement (“Agreement”) is made between the City of Madera, hereinafter called “OWNER” or “CITY” and [INSERT CONTRACTOR’S NAME], doing business as (an individual), or (a partnership), or (a corporation), hereinafter “CONTRACTOR” and collectively called “Parties.” The Agreement is effective on the last date signed by the Parties at the end of this Agreement.
WITNESSETH: The Parties agree as follows:
1. Project. The CONTRACTOR shall commence and complete all WORK required for the “IFB 202425-23 Lions Town ΘCountry Park Trail Improvements.”
2. Materials, Supplies, Equipment. The CONTRACTOR shall furnish all of the material, supplies, tools, equipment, labor, and other services necessary for the construction and completion of the WORK described in this Agreement.
3. Commencement of Work; Term of Agreement. The CONTRACTOR shall commence the WORK required by the CONTRACT DOCUMENTS within ten (10) calendar days after the date of the NOTICE TO PROCEED, as agreed upon by OWNER and CONTRACTOR during the pre-construction meeting and will complete the same within 90 Calendar Days. The CONTRACTOR shall submit a Payment Bond and Performance Bond in the amount of $____________, each and Insurance Certificates as specified in the CONTRACT DOCUMENTS prior to commencing any WORK within fifteen (15) working days after being notified of the award of the contract, and before OWNER executes this AGREEMENT.
This Agreement shall be effective on _____________ , after approval by the City Council at a duly scheduled meeting thereof.
4. The Contract Amount. OWNER agrees to pay, and CONTRACTOR agrees to accept, the sum not to exceed _____________________ ($______________) (“Contract Price”) subject to adjustments for changes in work as may be directed in writing by OWNER as payment in full for the WORK described in the CONTRACT DOCUMENTS. WORK performed at unit prices proposed in the CONTRACT DOCUMENTS will be paid based on actual quantities of work performed and accepted.
5. Contract Documents. The CONTRACTOR shall commence and complete all WORK required in accordance with the following CONTRACT DOCUMENTS, attached thereto and incorporated herein as Exhibits A through F:
(A) CONTRACTOR Complete Bid as Submitted on ________________ (B) Insurance Requirements for Contractors as specified in IFB (C) IFB 202425-23 Lions Town and Country Park Trail Improvements (D) Addenda No. 1, dated
IFB 202425-23 Lions Town & Country Park Trail Improvements Attachment C, Sample Construction Agreement
(E) Addenda No. 2, dated
(F) Addenda No. 3, dated
6. Liquidated Damages. In the event the CONTRACTOR does not complete the WORK within the time limit specified in Section 3 or within such further time as authorized, the CONTRACTOR shall pay to the OWNER liquidated damages in the amount of Five Hundred Eighty-Five Dollars ($585) per day for each and every calendar day delay in finishing the WORK beyond the completion date so specified.
7. Payment to Contractor. The OWNER will pay to the CONTRACTOR in the manner and at such times as set forth in the General Conditions such amounts as required by the CONTRACT DOCUMENTS. For any moneys earned by the CONTRACTOR and withheld by the OWNER to ensure the performance of the Contract, the CONTRACTOR may, at his request and expense, substitute securities equivalent to the amount withheld in the form and manner and subject to the conditions provided in Division 2, Part 5, Section 22300 of the Public Contract Code of the State of California.
8. Disputes. In the event of a dispute between the OWNER and the CONTRACTOR as to an interpretation of any of the specifications or as to the quality or sufficiency of material or workmanship, the decision of the OWNER shall for the time being prevail and the CONTRACTOR, without delaying the job, shall proceed as directed by the OWNER without prejudice to a final determination by negotiation, arbitration by mutual consent or litigation, and should the CONTRACTOR be finally determined to be either wholly or partially correct, the OWNER shall reimburse him for any added costs he may have incurred by reason of work done or material supplied beyond the terms of the contract as a result of complying with the OWNER’S directions as aforesaid. In the event the CONTRACTOR shall neglect to prosecute the work properly or fail to perform any provisions of the CONTRACT, the OWNER, after three days written notice to the CONTRACTOR, may, without prejudice to any other remedy it may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due to the CONTRACTOR, subject to final settlement between the parties as in this paragraph herein above provided.
8A. Claims Resolution Process For Disputes.
It is the intent of this Contract that disputes regarding the Contract be resolved promptly and fairly between the Contractor and the Owner. However, it is recognized that some disputes will require detailed investigation and review by one or both parties before a determination and resolution can be reached. For the protection of the rights of both the Contractor and the Owner, the following provisions are provided for the resolution of disputes which cannot be resolved by the Owner and the Contractor within three business days after either party gives verbal notice of dispute or potential dispute to the other’s attention and prior to the commencement of such work.
The following provisions are intended by Contractor and Owner to comply with Public Contract Code Sections 9204 and 20104 et. Seq.
IFB 202425-23 Lions Town & Country Park Trail Improvements Attachment C, Sample Construction Agreement
A. Claims:
The term “claim” refers to a separate demand by Contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
i. A time extension, including, without limitation, for relief from damages or penalties for delay assessed by Owner under this Contract. ii. Payment by the Owner of money or damages arising from work done by, or on behalf of, the Contractor pursuant to the Contract and payment for which is not otherwise expressly provided or to which the Contractor is not otherwise entitled.
iii. Payment of an amount that is disputed by the Owner.
B. The Claim Must Be Timely and in Writing:
For all claims the claim must be in writing and include the documents necessary to substantiate the claim. A notice of potential claim must be filed within five (5) business days of Contractor’s completion of work that is a potential claim. Notice of an actual claim must be filed on or before the date of final payment.
C. Receipt of Claim by Owner:
Upon receipt of a claim pursuant to this section, the Owner will conduct a reasonable review of the claim and, within a period not to exceed 45 days from the date of receipt, will provide the Contractor with a written statement identifying what portion of the claim is disputed and what portion is undisputed.
Upon receipt of a claim, Owner and Contractor may, by mutual agreement, extend the time period provided in this section.
The Contractor shall furnish reasonable documentation to support the claim. If additional information is thereafter required, it shall be requested and provided upon mutual agreement by the Owner and the Contractor. The District’s written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation.
D. City Council Approval:
If the Owner needs approval from the City Council to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the City Council does not meet within the 45 days or within the IFB 202425-23 Lions Town & Country Park Trail Improvements Attachment C, Sample Construction Agreement
mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the Owner shall have up to three days following the next duly publicly noticed regular meeting of the City Council after the 45-day period or extension expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.
E. Payment of Claim:
Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the Owner issues its written statement. If the Owner fails to issue a written statement, paragraph F below shall apply.
F. Meet and Confer:
If the Contractor disputes the Owner’s written response, or if the Owner fails to respond to a claim issued pursuant to this section within the time prescribed, the Contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the Owner shall schedule a meet and confer conference within 30 days for settlement of the dispute.
Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the Owner shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the Owner issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the Owner and the Contractor sharing the associated costs equally. The Owner and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing.
If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.
Under this Contract, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
IFB 202425-23 Lions Town & Country Park Trail Improvements Attachment C, Sample Construction Agreement
Unless otherwise agreed to by the Owner and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced.
If mediation as set forth above does not resolve the parties’ dispute, the parties will proceed to arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program.
G. Filing a Government Code Written Claim Notice:
Following the meet and confer conference, if the claim or any portion remains in dispute, the Contractor may file a claim under the Torts Claims Act as provided in Chapter 1 (commencing with Section 900) and Chapter 2 commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code Section 900.
H. Owner’s Failure to Respond to Claim:
Failure by the Owner to respond to a claim from Contractor within the time periods described above or to otherwise meet the time requirements set forth above shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the Owner’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the Contractor.
I. Interest:
Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.
J. Subcontractor Claims:
If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against Owner because privity of contract does not exist, the Contractor may present to the Owner a claim on behalf of a subcontractor or lower tier subcontractor. For purposes of this paragraph, the term “subcontractor’ means any type of subcontractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with the Contractor or is a lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the Contractor present a claim for work which IFB 202425-23 Lions Town & Country Park Trail Improvements Attachment C, Sample Construction Agreement
was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the Owner shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the Contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the Owner and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.
K. Filing of Action on Unresolved Claims:
The parties shall follow the procedures set forth in Public Contracts Code Section 20104.4 if an action is filed to resolve claims under the foregoing provisions. Any action shall be filed in Madera County.
9. No Discrimination in Employment. 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 disability, mental disability, medical conditions, 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 by violation of this chapter”.
10. Workers Compensation. In accordance with the provisions of Article 5, Chapter l, Part 7, Division 2 (commencing with Section 1860) and Chapter 4, Part l, Division 4 (commencing with Section 3700) of the Labor Code of the State of California, the CONTRACTOR is required to secure the payment of compensation to his employees and shall for that purpose obtain and keep in effect adequate Worker’s Compensation Insurance.
The undersigned CONTRACTOR is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against Liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions before commencing the performance of the WORK of this Agreement.
11. Prevailing Wages. This Agreement is subject to California Labor Code Sections 1720, et seq., and Contractor and subcontractor shall pay not less than the specified prevailing rates of wage to all workers employed in performance of the Work. Pursuant to the provisions of Section 1770 of the California Labor Code, OWNER has obtained the general prevailing rate of wages and employer payments for health and welfare, vacation, pension, and similar purposes, as determined by the Director of the Department of Industrial Relations, a copy of which is on file in the office of OWNER and shall be made available for viewing to any interested party upon request. The Contractor and each subcontractor shall forfeit as a penalty to OWNER not more than Two Hundred Dollars ($200) for each calendar day, or portion thereof, for each worker paid IFB 202425-23 Lions Town & Country Park Trail Improvements Attachment C, Sample Construction Agreement
less than the stipulated prevailing wage rate in violation of the Labor Code. In addition, the difference between the prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by the Contractor.
12. Public Works Contractor Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relation. No bid will be accepted, nor any contract entered into without proof of the Contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. Contractor and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project. In addition, Contractor shall provide the registration number for each listed subcontractor in the space provided in the Designation of Subcontractors Form.
This Project is subject to compliance monitoring and enforcement by the Department of Relations. In executing this contract, Contractor acknowledges that it has reviewed all applicable labor compliance requirements and included the cost of complying with such requirements in its bid.
13. Payroll Records. The CONTRACTOR shall comply Section 1776 of the California Labor Code. The CONTRACTOR shall keep and require that all SUBCONTRACTORS keep accurate payroll records showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice worker or other employee employed by him in connection with public work. Such payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of the CONTRACTOR by the OWNER, its officers, and agents and to the representatives of the Division of Labor Law Enforcement of the State Department of Industrial Relations. In the event of non-compliance with the requirements of Section 1776, the CONTRACTOR shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects the CONTRACTOR must comply. If CONTRACTOR or subcontractor does not comply after such ten (10) day period, the CONTRACTOR shall, as a penalty, forfeit one hundred dollars ($100) for each day or portion thereof for each worker until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due.
In accordance with California Labor Code Section 1771.4 Section 1771.4, CONTRACTOR and each subcontractor shall furnish the certified payroll records directly to the Department of Industrial Relations (DIR) on a weekly basis and in the format prescribed by the DIR which may include electronic submission. CONTRACTOR shall comply with all applicable requirements and regulations from the DIR relating to labor compliance monitoring and enforcement.
14. Apprentices. Attention is directed to the provisions in Sections 1777.5 and 1777.6 IFB 202425-23 Lions Town & Country Park Trail Improvements Attachment C, Sample Construction Agreement
of the California Labor Code concerning the employment of apprentices by the CONTRACTOR or any SUBCONTRACTOR. It is the CONTRACTOR’S responsibility to ensure compliance by both it and all SUBCONTRACTORS.
Section 1777.5 provides, in part, as follows:
The CONTRACTOR or SUBCONTRACTOR, if he is covered by this section, upon the issuance of the approval certificate, or if he has been previously approved in the craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeyman stipulated in the apprenticeship standards. Upon proper showing by the CONTRACTOR that he employs apprentices in the craft or trade in the State on all of his/her contracts on an annual average of not less than one hour of apprentice work for every five hours of labor performed by a journeyman, or in the land surveyor classification, one apprentice for each five journeyman, the Division of Apprenticeship Standards may grant a certification exempting the CONTRACTOR from the one (1) to five (5) hourly ratio as set forth in this section. This section shall not apply to contracts of general CONTRACTORS or to contracts of specialty contractors not bidding for work through a general or prime CONTRACTOR, when the contracts of general CONTRACTORS, or those specialty CONTRACTORS involve less than thirty thousand dollars ($30,000). Any work performed by a journeyman in excess of eight hours per day or forty (40) hours per week shall not be used to calculate the hourly ratio required by this section.
Apprenticeable craft or trade, as used in this section, shall mean a craft or trade determined as an apprenticeable occupation in accordance with rules and regulations prescribed by the Apprenticeship Council. The joint apprenticeship committee shall have the discretion to grant a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting a CONTRACTOR from the 1 to 5 ratio set forth in this section when it finds that any one of the following conditions is met:
(a) In the event unemployment for the previous three-month period in such area exceeds an average of 15 percent, or
(b) In the event the number of apprentices in training in such area exceeds a ratio of 1 to 5, or
(c) If there is a showing that the apprenticeable craft or trade is replacing at least onethirtieth of its journeymen annually through apprenticeship training, either (1) on a statewide basis, or (2) on a local basis, or
If assignment of an apprentice to any work performed under a public works contract would create a condition which should jeopardize his life or the life, safety, or property of fellow employees, or the public at large or if the specific task to which the apprentice is to be assigned is of a nature that training cannot be provided by a journeyman.
IFB 202425-23 Lions Town & Country Park Trail Improvements Attachment C, Sample Construction Agreement
When such exemptions are granted to an organization which represents contractors in a specific trade from the 1 to 5 ratio on a local or statewide basis the member contractors will not be required to submit individual applications for approval to local joint apprenticeship committees, provided they are already covered by the local apprenticeship standards.
The CONTRACTOR is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in apprenticeable trade on such contracts and if other contractors on the public work site are making such contributions. The CONTRACTOR, and any SUBCONTRACTOR under him, shall comply with the requirements of Sections 1777.5 and 1777.6 of the Labor Code in the employment of apprentices. Information relative to number of apprentices, identifications, wages, hours of employment and standards of working conditions shall be obtained from the Division of Apprenticeship Standards. Consult the white pages of your telephone directory under California, State of, Industrial Relations, Apprenticeship Standards, for the telephone number and address of the nearest office. Willful failure by the CONTRACTOR to comply with the provisions of Sections 1777.5 will subject the CONTRACTOR to the penalties set forth in Section 1777.7 of the Labor Code.
15. Hours of Work. Pursuant to California Labor Code Section 1813, eight hours in any one calendar day and forty (40) hours in any calendar week shall be the maximum hours any worker is required or permitted to work, except in cases of extraordinary emergency caused by fires, flood, or danger to life and property or except as authorized under the overtime provisions in California Labor Code 1815.
Overtime and shift work may be established as a regular procedure by the CONTRACTOR with reasonable notice and written permission of the OWNER. No work other than overtime and shift work established as a regular procedure shall be performed between the hours of 6:00 P.M. and 7:00 A.M. nor on Saturdays, Sundays or holidays except such work as is necessary for the proper care and protection of the work already performed or in case of an emergency.
CONTRACTOR agrees to pay the costs of overtime inspection except those occurring as a result of overtime and shift work established as a regular procedure. Overtime inspection shall include inspection required during holidays, Saturdays, Sundays, and weekdays. Costs of overtime inspection will cover engineering, inspection, general supervision, and overhead expenses which are directly chargeable to the overtime work. CONTRACTOR agrees that OWNER shall deduct such charges from payments due the CONTRACTOR.
16. Subcontracting. The CONTRACTOR shall comply with Division 2, Chapter 4, Part 1 of the Public Contract Code relating to subletting and subcontracting, specifically included but not limited to Sections 4104, 4106, and 4110, which by this reference are incorporated into this Agreement as though fully set forth herein.
IFB 202425-23 Lions Town & Country Park Trail Improvements Attachment C, Sample Construction Agreement
17. Change Orders. The CONTRACTOR and the OWNER agree that changes in this Agreement or in the work to be done under this Agreement shall become effective only when written in the form of a change order and approved and signed by the OWNER or the Owner’s Designated Project Manager and the CONTRACTOR. It is specifically agreed that the OWNER or the Owner’s Designated Project Manager shall have the right to request any alterations, deviations, reductions or additions to the contract or the plans and specifications or any of them, and the amount of the cost thereof shall be added to or deducted from the amount of the contract price aforesaid by fair and reasonable valuations thereof.
This Agreement shall be held to be completed when the work is finished in accordance with the original plans and specifications as amended by such changes. No such change or modification shall release or exonerate any surety upon any guaranty or bond given in connection with this contract.
18. Indemnification. Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees, and volunteers from and against all liability, loss, damage, expense, and cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor’s negligence, recklessness, or willful misconduct in the performance of work hereunder, or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage caused by the sole active negligence or willful misconduct of the City. Should conflict of interest principles preclude a single legal counsel from representing both City and Contractor, or should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation, reasonable legal counsel fees, expert fees, and all other costs and fees of litigation.
The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees, and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless, or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
Contractor obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this Agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.
Contractor agrees to obtain or cause to be obtained executed defense and indemnity IFB 202425-23 Lions Town & Country Park Trail Improvements Attachment C, Sample Construction Agreement
agreements with provisions identical to those set forth in this Section from each and every Subcontractor and Subconsultant, of every Tier. In the event the Contractor fails to do so, Contractor agrees to be fully responsible to provide such defense and indemnification according to the terms of this Section.
19. Insurance. Contractor must comply with the insurance requirements as described in Exhibit B, Insurance Requirements for Contractors as specified in IFB.
20. Amendments. Any changes to this Agreement requested by either City or CONTRACTOR may only be effected if mutually agreed upon in writing by duly authorized representatives of the parties hereto. This Agreement shall not be modified or amended or any rights of a party to it waived except by such writing.
21. Termination.
A. Termination of the Contract for Default.
1. General: If, prior to the acceptance of the Work, the CONTRACTOR:
(a) Becomes insolvent, assigns its assets for the benefit of its creditors, or is otherwise financially unable to complete the Work; (b) Abandons the Work by failing to report to the Work site and diligently prosecute the Work to completion;
(c) Disregards written instructions from the City Engineer or materially violates provisions of the Contract Documents;
(d) Fails to prosecute the Work according to the schedule approved by the City;
(e) Disregards laws or regulations of any public body having jurisdiction; or
(f) Commits continuous or repeated violations of regulatory or statutory safety requirements, then the OWNER will consider the Contractor in default of the Contract.
2. Notices: Notices and other written communications regarding default between the CONTRACTOR, the OWNER, and the SURETY shall be transmitted as follows:
(a) Personal delivery with proof of delivery which may be made by declaration under penalty of perjury by any person over the age of IFB 202425-23 Lions Town & Country Park Trail Improvements Attachment C, Sample Construction Agreement
18 years. The proof of delivery shall show that delivery was performed in accordance with these provisions. Service shall be effective on the date of delivery. Notices given to the Contractor by personal delivery may be made to the Contractor’s authorized representative at the Work site; or
(b) Certified mail addressed to the mailing address of the recipient postage prepaid; return receipt requested. Service shall be effective on the date of the receipt of the mailing.
Simultaneously, the OWNER may send the same notice by regular mail. If a notice that is sent by certified mail is returned unsigned, then delivery shall be effective pursuant to regular mail, provided that the notice that was sent by regular mail is not returned.
3. Notice to Cure: The OWNER will issue a written notice to cure the default to the Contractor and its Surety. The Contractor shall commence satisfactory corrective actions within 5 Working Days after receipt.
4. Notice of Termination for Default: If the Contractor fails to commence satisfactory corrective action within 5 Working Days after receipt of the notice to cure, or to diligently continue satisfactory and timely correction of the default thereafter, then the Owner will recommend to the City Council that the Contractor be found in default of the Contract and upon such finding by the City Council will terminate the Contractor’s right to perform under the Contract by issuing a written notice of termination for default to the Contractor and its Surety;
The provisions of this subsection shall be in addition to all other legal rights and remedies available to the Owner.
5. Responsibilities of the Surety: Upon receipt of the written notice of termination for default, the Surety shall immediately assume all rights, obligations, and liabilities of the Contractor under the Contract. If the Surety fails to protect and maintain the Work site, the Owner may do so, and may recover all costs incurred. The Surety shall notify the Owner that it is assuming all rights, obligations, and liabilities of the Contractor under the Contract and all money that is due, or would become due, to the Contractor shall be payable to the Surety as the Work progresses, subject to the terms of the Contract.
Within 15 Working Days of receipt of the written notice of termination for default, the Surety shall submit to the Owner a written plan detailing the course of action it intends to take to remedy the default. The Owner will IFB 202425-23 Lions Town & Country Park Trail Improvements Attachment C, Sample Construction Agreement
review the plan detailing and notify the Surety if the plan is satisfactory. If the Surety fails to submit a satisfactory plan, or if the Surety fails to maintain progress according to the plan accepted by the Owner, the Owner may, upon 48 hours written notice, exclude the Surety from the premises, take possession of all material and equipment, and complete the Work in any way the Owner deems to be expedient. The cost of completing the Work by the Owner shall be charged against the Surety and may be deducted from any monies due, or which would become due, the Surety. If the amounts due under the Contract are insufficient for completion, the Surety shall pay the Owner, within 30 Days after the Owner submits an invoice, all costs in excess of the remaining Contract Price.
6. Payment: The Surety will be paid for completion of the Work in accordance less the value of damages caused to the Owner by the acts of the Contractor.
B. Termination of the Contract for Convenience.
The OWNER may terminate the Contract if it becomes impossible or impracticable to proceed, or because of conditions or events beyond the control of the OWNER.
1. Notice: The Owner will issue a written notice of termination for convenience as follows:
Personal delivery, with proof of delivery which may be made by declaration under penalty of perjury by any person over the age of 18 years. The proof of delivery shall show that delivery was performed in accordance with these provisions. Service shall be effective on the date of delivery. Notices given to the Contractor by personal delivery may be made to the Contractor’s authorized representative at the Work site; or Certified mail addressed to the mailing address of the recipient postage prepaid; return receipt requested. Service shall be effective on the date of the receipt of the mailing.
Simultaneously, the Owner may send the same notice by regular mail. If a notice that is sent by certified mail is returned unsigned, then delivery shall be effective pursuant to regular mail, provided that the notice that was sent by regular mail is not returned.
2. Cessation of Work: Upon receipt, the Contractor shall immediately cease work, except work the Contractor is directed to complete by the Engineer or required to complete for public safety and convenience. The Contractor shall immediately notify Subcontractors and suppliers to IFB 202425-23 Lions Town & Country Park Trail Improvements Attachment C, Sample Construction Agreement
immediately cease their work.
3. Payment: The Contractor will be paid without duplication for:
(a) Work completed in accordance with Contract Documents prior to the effective date of termination for convenience;
(b) Reasonable costs incurred in settlement of terminated contracts with Subcontractors, suppliers, and others; and
(c) Reasonable expenses directly attributable to termination.
Notice of termination shall be mailed to the City:
Arnoldo Rodriguez
City of Madera
205 West 4th Street
Madera, CA 93637
Notice of Termination shall be mailed to the Contractor:
[INSERT CONTRACTOR’S NAME AND MAILING ADDRESS]
All notices and communications from shall be to City's designated Project Manager or Principal-In-Charge. Verbal communications shall be confirmed in writing. All written notices shall be provided and addressed as soon as possible, but not later than thirty (30) days after termination.
Either party may update their contact information, including but not limited to mailing address, at any time by providing written notice to the other party in accordance with the notice provisions set forth in this Agreement. Such updates shall take effect upon the other party's receipt of the written notice unless a later effective date is specified in the notice.
22. Warranty. Contractor warrants to OWNER that all materials and equipment furnished shall be new, free from faults and defects and of good quality and conform to the requirements of the Contract Documents. Contractor hereby warrants its work against all deficiencies and defects for the period required by the Contract Documents or the longest period permitted by California Law, whichever is greater. Unless otherwise stated in the Contract Documents, warranty periods shall begin upon the filing of the Notice of Completion and shall be for one year.
This section shall not limit OWNER’s rights under this Agreement or with respect to latent defects, gross mistakes, or fraud. OWNER specifically reserves all rights related to defective work, IFB 202425-23 Lions Town & Country Park Trail Improvements Attachment C, Sample Construction Agreement
including but not limited to defect claims pursuant to California Code of Civil Procedure section 337.15.
23. Compliance with Laws. City shall at all times observe and comply, and shall cause all of its agents, subcontractors, and employees to observe and comply with all with all Federal, State, and local laws, ordinances, regulations, and provisions applicable in the performance of City’s services. Wherever reference is made in this Agreement to standards or codes in accordance with which work is to be performed or tested, the edition or revision of the standards or codes current on the effective date of this Agreement shall apply unless otherwise expressly stated.
24. Attorneys’ Fees/Venue. In the event that any action is brought to enforce the terms of this Agreement, the party found by the court to be in default agrees to pay reasonable attorneys’ fees to the successful party in an amount to be fixed by the Court. The venue for any claim being brought for breach of this Agreement shall be in Madera County or as appropriate in the U.S. District Court for the Eastern District of California, located in the City of Madera.
25. Governing Law. The laws of the State of California shall govern the rights and obligations of the parties under the Agreement, including the interpretation of the Agreement.
If any part of the Agreement is adjudged to be invalid or unenforceable, such invalidity shall not affect the full force and effect of the remainder of the Agreement.
26. City’s Authority. Each individual executing or attesting to this Agreement on behalf of the City hereby covenants and represents: (i) that he or she is duly authorized to execute or attest and deliver this Agreement on behalf of such corporation in accordance with a duly adopted resolution of the corporation’s articles of incorporation or charter and bylaws; (ii) that this Agreement is binding upon such corporation; and (iii) that Contractor is a duly organized and legally existing municipal corporation in good standing in the State of California.
27. Contractor’s Legal Authority. Each individual executing or attesting this Agreement on behalf of CONTRACTOR hereby covenants and represents: (i) that he or she is duly authorized to execute or attest and deliver this Agreement on behalf of such corporation in accordance with such corporation’s articles of incorporation or charter and by-laws; (ii) that this Agreement is binding upon such corporation; and (iii) that CONTRACTOR is a duly organized and legally existing corporation in good standing in the State of California.
28. Remedies for Default. Failure by a party to perform any term, condition or covenant required of the party under this Agreement shall constitute a “default” of the offending party under this Agreement. In the event that a default remains uncured for more than ten (10) days following receipt of written notice of default from the other party, a "breach" shall be deemed to have occurred. Any failure or delay by a party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default.
IFB 202425-23 Lions Town & Country Park Trail Improvements Attachment C, Sample Construction Agreement
29. Independent Contractor. In performance of the work, duties, and obligations assumed by the Contractor under this Agreement, it is mutually understood and agreed that the City, including any and all of City’s officers, agents and employees will, at all times, be acting and performing as an independent contractor, and shall act in an independent capacity and not as an officer, agent, servant, employee, joint venturer, partner, or associate of City. Furthermore, City shall have no right to control or supervise or direct the manner or method by which City shall perform its work and functions. The City shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over the subject matter hereof.
Because of its status as an independent contractor, CONTRACTOR shall have absolutely no right to employment rights and benefits available to City employees. City shall be solely liable and responsible for providing to, or on behalf of, its employees, all legally required employee benefits. In addition, City shall be solely responsible and hold City harmless from all matters relating to payment of City’s employees, including compliance with Social Security, withholding and all other regulations governing such matters. It is acknowledged that during the term of this Agreement, City may be providing services to others unrelated to City or to this Agreement.
30. Sole Agreement. This instrument constitutes the sole and only Agreement between City and CONTRACTOR in connection to the Project and correctly sets forth the obligations of the City and CONTRACTOR to each other as of its date. Any Agreements or representations in connection with the Project, not expressly set forth in this instrument are null and void.
31. Assignment. Neither the CONTRACTOR nor City will assign its interest in this Agreement without the written consent of the other.
32. Caltrans Authority. Caltrans is required by 23 Code of Federal Regulations (CFR), part 200, Section 200.9 (b)(7) to conduct reviews of sub-recipients (Local Agencies) of federal-aid to ensure compliance with Title VI of the Civil Rights Act of 1964 and the relates statues (Title VI) through the requirements under the Federal Highway Administration (FHWA), the U.S.
Department of Transportation (USDOT), and the U.S. Department of Justice (USDOJ) regulations and guidance materials related to the implementation of Title VI.
The scope of the process reviews conducted by Caltrans focuses on the Local Agency’s adherence to the FHWA’s Title VI Program (Race, Color and National Origin) and the related statues protecting additional classes as required under • Federal-Aid Highway Act of 1973 (Sex)
• The Age Discrimination Act of 1975 (Age), and
• The Americans with Disabilities Act of 1990 (ADA)(Disability) and Section 504 of the Rehabilitation Act of 1973 (Disability).
IFB 202425-23 Lions Town & Country Park Trail Improvements Attachment C, Sample Construction Agreement
33. Binding Agreement. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. A signed copy of this Agreement delivered by facsimile, email, or other electronic means shall be deemed to have the same legal effect as delivery of an original signed copy.
IFB 202425-23 Lions Town & Country Park Trail Improvements Attachment C, Sample Construction Agreement
IN WITNESS WHEREOF the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in TWO copies, each of which shall be deemed an original on the date first above written.
CITY OF MADERA (OWNER)
By: _________________________________
Cecilia Gallegos, Mayor
APPROVE AS TO FORM:
____________________________________
Shannon L. Chaffin, City Attorney
ATTEST:
____________________________________
Alicia Gonzales, City Clerk
CONTRACTOR
By: _________________________________
Contractor (signature)
_________________________________
Printed Name and Title
___________________________
Federal Tax I.D. No.
___________________________
Contractor License Number
___________________________
DIR Registration Number
NOTE: This Notary Acknowledgment on the following page is required for verification of Contractor’s signature.
IFB 202425-23 Lions Town & Country Park Trail Improvements Attachment C, Sample Construction Agreement
Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of ______________ )
On ______________, 2025 before me, ______________________________________ (insert name and title of officer)
Personally appeared __________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ___________________________________ (Seal)
IFB 202425-23 Lions Town & Country Park Trail Improvements Attachment C, Sample Construction Agreement
ATTACHMENT 2
Bid 1rotest -etter 3eceiWed 'rom Clean Cut -andscape *ncorporated June 6, 2025
City of Madera
Attention: Jennifer Stickman
204 W. 4th Street,
Madera, CA 93637
Cell: (559) 661-5463
RE: Lions Town & Country Park Improvements #202425-23
Subject: Protest of Apparent Low Bidder Document Issues Dear Jennifer,
CCLI requested confirmation of the Low Bidders documents on 5/20/2025 the City of Madera’s Document request system. To date, CCLI has received no response to these requests. See attached email.
Since there has been no response by the City on this matter to date, we are electing to formally protest the low bidders documents in order to keep timelines in place and assume all requested documents do not exist. 1- Contract documents state the tree company must be ISA Certified Arborists. The Tosted Asphalt listed sub-contractors that do not meet that criteria and is therefore non-responsive.
As per Addenda #3 as well as specification Section 1.6 See Below 2- The apparent low bidder does not have a valid and current DOORS Certificate for Off-Road Diesel work. As per state law a public works contract may not be awarded to any contractor without a Certificate in place.
3- A letter of 30% performance was not provided as per the bid documents within 3 working days. 4- Hard copies of all bid documents were not provided to the City within 3 working days as per the contract bid documents.
5- The Tree Company utilized is not utilized for the proper bid item. The Tree Company is not listed for A-3 but for A-1 and A-5.
Based on the above CCLI is requesting that the City of Madera find the apparent low bidders bid as nonresponsive and award the project to the next responsive bidder.
Thank you!
Karry Wendel
Karry Wendel
Project Manager
Clean Cut Landscape Inc.
8406 N. Armstrong
Clovis, CA. 93619
Office, 559-322-2071
Fax, 559-322-2071
Cell, 559-269-6593
Email [email protected]
ATTACHMENT
City oG Madera 3esponse -etter to Clean Cut -andscape *ncorporated
01425.0006 2017555.1
Paul J. Early | [email protected]
p (951) 241-7338 | awattorneys.com
3550 Vine Street, Suite 200 | Riverside, CA 92507
July 3, 2025
VIA E-MAIL AND U.S. MAIL
Karry Wendell
Project Manager
Clean Cut Landscape Inc
8406 N. Armstrong
Clovis, CA 93619
[email protected]
Re: Lions Town and Country Park Trail Improvements Project Bid Protest Dear Mr. Wendell:
This office represents the City of Madera as its City Attorney. The City has received your bid protest and request for records on the above referenced project. The City has also reviewed the response from the apparent low bidder and Clean Cut Landscaping’s reply.
After reviewing the protest, bid documents, and relevant statutory and case law, the City is denying the protest and moving forward with award to the apparent low bidder. Proper documentation has been provided for all requested certifications and licensing. The City has determined that the subcontractors were properly listed and identified in the bid, including any arborist work. Notwithstanding the foregoing, the engineer’s estimate of the arborist work is less than one half of one percent of the total estimate. Accordingly, even if not listed, and a separate subcontractor is used for the arborist work, that arborist is not required to be listed on the bid.
Any additional minor or procedural irregularities in the apparent low bidder’s bid, not effecting price or responsiveness, are hereby waived by the City.
Very truly yours,
ALESHIRE & WYNDER, LLP
Paul J. Early
Partner
PJE:PJE
Clean Cut Landscape Inc
July 3, 2025
01425.0006 2017555.1
cc: J. Stickman, Procurement Services Manager
REPORT TO CITY COUNCIL
Approved by: Council Meeting of: July 16, 2025
Agenda Number: ___________
________________________________
Joseph Hebert, Parks & Community Services Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:
Parks & Community Services Department Fiscal Year 2024/25 Quarter 4 Recap RECOMMENDATION:
This report is submitted to provide the City Council with an informational report on the status of the Parks & Community Services (PCS) Department Fiscal Year 2024/25 Quarter 4 Recap SUMMARY:
Staff is providing an update on Fiscal Year 2024/25 Quarter 4 (April – June 2025) accomplishments, progress, and ongoing efforts of the PCS Department. This informational update covers various divisions within the PCS Department.
DISCUSSION:
The PCS Department delivers a wide range of direct services to the public and is divided into three major operational divisions: Administration, Recreation & Community Services, and Parks Maintenance. Together, these divisions provide high-quality recreational pursuits, preservation of parks and open space areas, entertainment, and leisure services to community members of all ages.
During Quarter 4 of Fiscal Year 2024/25, staff are pleased to share the following highlights of accomplishments and progress work, presented in no particular order:
Administration
Notice of Completion for the Lions Town & Country Park Restroom Renovation Project accepted on June 18, 2025. This project was made possible by the California Department E-1
of Parks & Recreation, Per Capita Grant Program, funded by Proposition 68. The City was awarded $177,952 towards the completion of the project. Notice of Completion for the Frank Bergon Senior Center (FBSC) Fence Installation Project was accepted on June 18, 2025. This project was made possible by Community Development Block Grant funding. The City received $213,558 towards improvements at the FBSC. Improvements have included exterior painting of the building, kitchen renovations, and the installation of safety perimeter fencing. Executed a Transportation Art Maintenance Agreement with the Department of Transportation for the Block Wall Enhancement Project. This project allowed the City to install five artwork panels along a newly erected split-face concrete masonry wall, specifically near the east side of State Route 99, south of the 4th Street off-ramp. The Agreement outlines the final location of the project, acknowledges the agreements with the five artists, and outlines the maintenance responsibilities. Received 6 bids in response to Invitation for Bids (IFB) 202425-22 for James Taubert Park Construction. Bids were due March 26, 2025. Unfortunately, bids were formally rejected on May 7, 2025, due to higher-than-expected bid results. Staff has been working on revising the project scope and plans to rebid this project publicly. Received 8 bids in response to IFB 202425-23 for the Lions Town & Country Park Trail Improvements project. Bids were reviewed for completeness. Bids were received May 12, 2025. This item is scheduled to be considered by the City Council at its July 16, 2025, meeting.
Received 10 bids in response to Request for Qualifications (RFQ) 202425-28 for Tozer Park Design and Engineering Services. City staff independently evaluated the statement of qualifications. On July 2, 2025, Council approved a Consultant Services Agreement with Westwood Professional Services, Inc. for $171,205.
Received 6 bids in response to RFQ 202425-29 for Sunset Park Design and Engineering Services. City staff independently evaluated the statement of qualifications. This item is still in progress.
Developed a new digital survey initiative designed to enhance how the City gathers feedback on parks, facilities, and recreational programming. The primary goal of this initiative is to gather meaningful data on the quality and effectiveness of the services the City provides. This feedback will help identify strengths, uncover service gaps, and inform decisions for continuous improvement. The survey process includes:
o Facility & Park Reservations: Surveys will be automatically sent via email on a weekly basis following a completed reservation. This will help staff assess the customer experience related to facility/park conditions, cleanliness, accessibility, and overall satisfaction.
o Recreation Leagues & Programs: Surveys will be distributed at the end of each league season or program cycle. These will focus on elements such as registration ease, instructor performance, program quality, and participant engagement. o Microsoft Forms is the primary data collection platform. This tool enables customized survey creation, automated distribution, and real-time response tracking. The information gathered will be compiled into monthly/quarterly reports to support data-driven decision-making, inform future program planning, and enhance service delivery.
o This new process will be officially launched on July 1, 2025, and will apply to all relevant divisions, including Aging, Youth and Adult Sports, Youth Recreation, and Aquatics.
Parks Maintenance
Executed a Contractor Services Agreement under Request for Proposal (RFP) No. 202425-15 to EMTS Inc, dba Elite Maintenance & Tree Services, for Professional Landscape Maintenance Services for $294,457.56, for the Downtown District, certain City facilities & non-medians, and median islands
Recreation
Executed a Consultant Services Agreement with Madera Unified School District for the Expanded Learning Opportunities Program (ELOP) Summer Camps. The Agreement is not to exceed $47,744. This partnership will enable MUSD and the City to offer enrichment activities for students from July 7 to 23, 2025. There will be two one-week camps and a three-day camp offered to students.
Provided a series of engaging and educational field trips that offered participants memorable, first-time experiences.
o Roller Rink: Many youth experienced roller skating for the first time, building confidence and enjoying physical activity in a fun, supportive environment. o Fresno Chaffee Zoo: Participants took part in a behind-the-scenes tour, where they observed zookeepers caring for animals and had the exciting opportunity to feed giraffes and stingrays.
o Blackbeard’s Family Entertainment Center: Youth enjoyed a fun-filled day playing arcade games, mini golf, and laser tag, encouraging teamwork and social interaction.
Over 654 duplicated youth attended the Pan American Center. Over 1,026 duplicated youth attended the John Wells Youth Center.
Aquatics
The Centennial Park Pool Complex opened its doors for the 2025 summer season, offering the following programs and hours:
o Open Swim kicked off the week of June 9th, with the community able to access the pools Tuesday–Friday, from 12:30 pm – 4:30 pm.
o Admission for Open Swim is $1 for youth and $2 for adults. o Pool rentals for June and July are nearly fully booked, indicating high community interest and demand.
o Private swimming lessons range from morning options including 10 am & 11 am, to afternoon options such as 5 pm & 6p m. Lessons are 50 minutes long. o As of the end of June, the aquatics program has served an impressive 2,026 participants.
o Students from Washington Elementary School were welcomed for early-season field trips.
o As part of Aging Services (seniors), Aqua Dash started on June 10, 2025 and will continue Tuesday–Friday at 9 am
Aging Services
Regular programming continues as scheduled. Some favorite programming that occurred in Quarter 4 of Fiscal Year 2024/25 includes:
Bailoterapia Pickleball Class Tech Classes
Chair Yoga
The following figures reflect total participant visits to each center; individuals may be counted more than once if they attended multiple times.
Pan-American Frank Bergon
April 1,444 733
May 1,521 634
June 1,687 549
As of April 21, 2025, both the FBSC and Pan-American Center are executing a partnership with the Fresno Madera Area Agency on Aging for the Lunch Program. Meals are offered Monday – Friday at 11:30 am to qualifying seniors.
Special events related to Aging Services between April – June included:
Event Date
Pismo Day Trip April 10
Dinner Dance April 11
Health screening (County Public Health Dept.) April 23 & 29 Dinner Dance May 2
Cinco de Mayo Celebration May 5
Mother’s Day Luncheon May 9
Yosemite Day Trip May 22
Father’s Day Celebration June 13
Elderly Fiduciary Abuse Presentation (County Behavioral Health Services)
June 17
Chukchansi Casino & Lunch Day Trip June 26
The City also offers an aquatics program for seniors discussed in the Aquatics section of this report.
Sports
The following figures reflect the total number of participants in youth sports from April to June.
Program Participants
Tiny Tikes Track & Field 32
Tiny Tikes Baseball 48
Youth Futsal 37
Youth Baseball 182
o Middle School Basketball concluded. Champions were crowned, and a perpetual trophy is on display at the John Wells Youth Center.
o In partnership with Major League Baseball (MLB), hosted a Pitch, Hit & Run Baseball Event. A total of 47 kids between the ages of 7 and 14 participated. The program was a success, offering youth the opportunity to showcase their skills. The following figures reflect the total number of participants in adult sports from April to June.
Sport Participants
Softball 14 teams/210 players
Basketball 15 teams/180 players
Adult Open Gym Volleyball Over 375 duplicated players
The division welcomed three new Program Leaders to help expand and improve programming.
Goals for the Sports division include:
o New volleyball league for adults
o Incorporate daytime adult open gym times
o Put in an application to host a Junior Giants league next spring. This would provide a free baseball program for kids in partnership with the San Francisco Giants.
Community & Recreation Centers (Facilities)
The following represents the number of rentals at the centers between April - June.
Center # of rentals
Frank Bergon Senior Center 6
John Wells Youth Center 6
Pan-American Center 10
Youth Hut 2
Crew members from the Public Works Facility Maintenance division have started the replacement of the two front exterior doors at the Pan-American Community Center. This replacement will improve the function and accessibility issues of the previous doors. Staff assisted with the Juneteenth event held on June 19, 2025, at Courthouse Park. Staff assisted with setting up and cleaning up for the event.
Special Events
Hosted a successful Community Clean-Up Day at Lions Town and Country Park on Saturday, May 31, 2025. Over 60 community members came together to show their Madera pride and contribute to a cleaner, more welcoming public space. This event showcased strong community spirit and civic responsibility. Received a Pacific Gas & Electric Company’s Charitable Contribution Donation of $10,000 for the Movies in the Park summer 2025 series. This donation will help provide General Fund relief to cover the public performance movie licenses, miscellaneous materials and supplies, and concession stand expenses. Movies in the Park wĞƌĞ scheduled to begin on July 11, 2025 but due to excessive heat, is being postponed until the following week.
Madera Municipal Golf Course
On April 16, 2025, staff provided an informational report to the City Council on the status of the golf course operations. The report included information on the rounds played for the last several years, golf course conditions, food and beverage operations, and plans for the remainder of the year.
12,707 rounds of golf were played during April – June, 2025. The Golf Course Advisory Committee is engaged in a sourcing exercise to procure a consultant to provide clarity and options regarding the irrigation issues raised in the USGA report.
FINANCIAL IMPACT:
The preparation and presentation of this informational report does not result in any significant financial impact. While there are costs associated with the organization and execution of the community events referenced in this report, these expenses have been accounted for in the City's Fiscal Year 2024/25 budget. All activities and events were planned in alignment with the City's financial resources and were incorporated into the approved budget to ensure fiscal responsibility. As such, no additional appropriations or adjustments to the current budget are necessary at this time.
ALTERNATIVES:
This report is for informational purposes only and no formal action is being requested.
ATTACHMENTS:
No attachments.
REPORT TO CITY COUNCIL
Approved by: Council Meeting of: July 16, 2025
Agenda Number: ___________
________________________________
Joseph Hebert, Parks & Community Services Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:
Appointments to the Golf Course Advisory Committee
RECOMMENDATION:
This report is submitted to request direction from the City Council on the Golf Course Advisory Committee Members
SUMMARY:
The Golf Course Advisory Committee (GCAC) was established by the City Council on September 6, 2023, with the formal appointment of Committee members. The GCAC was established to serve in an advisory capacity to the City on matters dealing with the Madera Municipal Golf Course. Demonstrating a proactive approach, the committee has been focused on prioritizing maintenance and implementing improvement initiatives.
The GCAC is comprised of seven (7) members. The members represent seven distinct roles and have various terms of appointment.
Several committee members are reaching their term limit. As such, staff is seeking direction on appointments and nominations to the GCAC, so as to allow for a seamless transition to new members and avoid vacancies within the GCAC.
DISCUSSION:
During the June 21, 2023, City Council meeting, staff presented the Ninth Amendment to the Madera Municipal Golf Course Operation and Management Lease Agreement with SGM Inc. dba Sierra Golf Management, Inc. The Ninth Amendment extended the term of the lease agreement and made various economic modifications. One of the new terms included the formation of a E-2
Golf Course Advisory Committee (GCAC). After Council direction, the GCAC was to be comprised of a seven-member body with one member from City Council. Council provided guidance to staff on the final Committee composition as follows:
1. One City Council Member
2. Parks Director
3. SGM Representative
4. Service Organization Representative
5. Golfer/At-large Community Member
6. Food and Beverage Director/Representative
7. Non-Golfer/At-large Community Member
The final Committee appointments are to be mutually agreed upon by both parties; City Council and SGM Inc.
On July 19, 2023, Council appointed Councilmember Jose Rodriguez as the City Council designee to the Committee membership.
During the August 16, 2023, regular meeting of Council, staff sought direction to fill the Service Organization Representative, Non-Golfer/At-Large Community Member, and Golfer/At-Large Community Member. Council approved the following actions during this meeting:
Appointment of Karla Gran (Madera Evening Lions Club) to the Service Organization Representative
Appointment of Chito Romero to the Golfer/At-Large Community Member Appointment of Edward McIntyre to the Non-Golfer/At-Large Community Member Term of appointment of two years for these three positions The Madera Evening Lions Club and the Morning Rotary Club currently meet on a regular basis at the golf course, with the first two-year appointment for the Service Organization Representative to be from the Madera Evening Lions Club. Should additional service organization(s) regularly meet at the golf course, the service organization(s) shall be added to the rotational schedule for the Service Organization Representative.
Ultimately, the GCAC was established, as listed in Table 1 below. Staff would like to highlight that as of August 21, 2023, the GCAC has held regular monthly meetings, convening on the third Monday of each month.
Table 1: Committee Members
Committee Member Representing Term of Appointment
1. Jose Rodriguez City Council Council Term
2. Joseph Hebert Parks Director Continual
3. Dan Bacci SGM Representative Continual
4. Karla Gran Service Organization Representative Two-years
5. Chito Romer Golfer/At-Large Community Member Two-years
6. Lisa Gill Food and Beverage Director/Rep. Continual
7. Edward McIntyre Non-Golfer/At-Large Community Member Two-years There are three positions nearing their term of appointment, with their term ending in August 2025. These being the following:
Service Organization Representative
Non-Golfer/At-Large Community Member
Golfer/At-Large Community Member
Staff is seeking direction on the appointments of these positions and/or nominations so as to ensure these positions are not left vacant for an extended period of time, if any. These positions would be left vacant for the GCAC September 15, 2025, meeting, should there be no formal appointment by the August 20, 2025, Council meeting.
As a point of reference, the positions nearing their two-year term limit are intended to fill the specific representation:
1. Social Service Organization Representative
Council has approved this position be provided to the Madera Evening Lions Club and the Morning Rotary Club to appoint one of their members to the Committee on a rotating basis. This would allow one Evening Lions Club representative to serve for one term, followed by a Morning Rotary Club representative to do so the following term, with the rotating schedule as follows every term thereafter.
Should additional service clubs meet regularly at the golf course; they are to be included in the rotation. Likewise, should one of the existing service clubs cease meeting at the golf course, their participation would also terminate.
The appointment of Karla Gran fulfilled the first term appointment by the Madera Evening Lions Club. This upcoming term opportunity would be provided for the Morning Rotary Club.
2. Non-Golfer/At-Large Community Member
Non-Golfer/At-Large Community Member, to ensure alignment with the intent of representation in the Committee. This representative would intentionally be a non-golfer, providing an external viewpoint.
3. Golfer At-Large
Golfer At Large, who might be able to provide a participant perspective to the Committee.
This representative would have a history and knowledge of golf, the Madera Municipal Golf Course, providing an internal viewpoint.
FINANCIAL IMPACT:
There is no anticipated financial impact associated with the presentation of this report and Golf Course Advisory Committee members will not be compensated.
ALTERNATIVES:
No alternatives to request Council direction.
ATTACHMENTS:
None
Madera City Council Agenda
July 16, 2025
Agenda Item E-3
Informational Report on the Madera Metro System
(Report by Michael Lima)
There is no written report for this item.