Agenda packet — Madera City Council, September 16, 2026 (part 2 of 4)

Performance Bond
KNOW ALL MEN BY THESE PRESENTS: that
____________________________________________________________ (Name of Contractor)
____________________________________________________________ (Address of Contractor)
a ____________________________, hereinafter called Principal, and (Corporation, Partnership or Individual)
____________________________________________________________ (Name of Surety)
____________________________________________________________ (Address of Surety)
hereinafter call Surety, are held and firmly bound unto ____________________________________________________________ (Name of Owner)
____________________________________________________________ (Address of Owner)
hereinafter called Owner, in the penal sum of __
______________ Dollars, ($____________) in lawful money of the United States, for the payment of which sum well and truly made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the Owner, dated the __________ day of __________, 2026, a copy of which is hereto attached and made a part hereof for the construction of:
“IFB 202627-03, Fiscal Year 2026/2027 Asphalt/Concrete Patching On-Call Services” NOW, THEREFORE, if the Principal shall willingly, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said Contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such Contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be null and void: otherwise it shall remain in full force and effect.

PROVIDED FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the contract or to work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this Bond, IFB 202627-03 Fiscal Year 2026/2027 Asphalt/Concrete Patching On-Call Services

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and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the contract or to the work or to the specifications.

PROVIDED FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

IN WITNESS WHEREOF, this instrument is executed in ________ (number)
counterparts, each one of which shall be deemed an original, this the __________ day of ______________, 2026.

ATTEST:_____________________________
Principal
______________________ BY: _____________________________(s) (Principal) Secretary
(Seal)
_______________________ __________________________
(Witness as to Principal) (Address)
_______________________
ATTEST:
________________________ __________________________
(Surety) Secretary (Surety)
(SEAL)
____________________________ BY: _______________________ Witness as to Surety Attorney in Fact
___________________________ ____________________________ (Address) (Address)
___________________________ ____________________________ NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners shall execute Bond.

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Standard Specifications and Plans
The City’s Standard Specifications are hereby referred to and incorporated herein as though set forth in full. The Standard Specifications and Standard Drawings are available online at https://www.madera.gov/business-building-development/engineering/standard-drawingsspecifications/. These online specifications and drawings are the most current, approved issue.

General and Special Conditions
General and Special Conditions are hereby referred to and incorporated herein as though set forth in full.

The General and Special Conditions are available by clicking this link or copying and pasting it into your web browser:
https://www.madera.gov/media/fo1dqprn/general-special-conditions-for-construction.pdf.

Information for Bidders

1. Attention of Bidders is especially directed to the specifications which, in addition to the bid proposal and these instructions, are basis for evaluation and will be part of any contract with the successful bidder. Any deviations from the specifications in this notice shall be proper reason for rejection of all or any part of the bid proposal.

2. The City recognizes its policy of providing equal opportunity to all qualified persons and reaffirms its commitment that there shall be no discrimination against qualified applicants, or employees on the basis of race, gender, color, national origin, religion, age, disability, sexual orientation, or marital status.

The City is an equal opportunity employer. The City, as well as its recipients, subrecipients, and contractors, will not discriminate in employment practices based on race, color, religious creed, ancestry, national origin, age, sex (includes sexual harassment), pregnancy (childbirth or related medical conditions), marital status, sexual orientation (heterosexuality, homosexuality and bisexuality), medical condition (cancer and genetic characteristics), mental or physical disability (includes HIV and AIDS), political affiliation/opinion, Veteran's status, or request for family medical leave. The City is committed to ensuring that the work environment of City employees and the work environment of employees and volunteers of recipients, subrecipients, and contractors of the City are free from discrimination, harassment, and retaliation. All efforts to provide equal opportunity in employment practices will be made on the basis of merit, efficiency, and fitness consistent with civil service and merit system principles. Discrimination is prohibited in all aspects of the employment process.

The City, as well as recipients, subrecipients, and contractors, will not discriminate in the delivery of services or benefits based on the above identified bases.

3. The City reserves the right to reject or accept any or all bid proposals or parts thereof, and to accept or reject the alternatives individually or jointly, for any reason.

4. The City reserves the right to reject any bid that is determined to be materially unbalanced, whether mathematically or materially. A bid may be considered unbalanced if it contains significantly overstated or understated line-item prices that could result in advantage to the IFB 202627-03 Fiscal Year 2026/2027 Asphalt/Concrete Patching On-Call Services

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bidder or disadvantage to the City during contract performance.

5. The City reserves the right to consider any minor deviations from the specifications and determine the acceptance or rejection of such deviation.

6. The City reserves the right to modify this IFB at any time. In the event it becomes necessary to modify or revise the IFB, a written amendment or addenda issued by City’s Purchasing Division is the only method which should be relied on with respect to changes to the IFB.

Proposer is responsible for checking the City’s PlanetBids vendor portal prior to submitting a Proposal to determine if any amendments were made to the IFB. Documents, amendments, addenda, etc. will be posted to the City’s PlanetBids vendor portal at:
https://pbsystem.planetbids.com/portal/54016/portal-home.

Any questions related to this IFB shall be submitted through the City’s PlanetBids vendor portal no later than 5:00pm on August 19, 2026.

No verbal requests or requests made in any other format will be accepted.

7. Bids must be submitted via the City’s PlanetBids vendor portal by the bid due date and time.

Bidder is solely responsible for the submission of their electronic submittal. The bid management system will not accept late bids, and no exceptions shall be made. Proposers will receive an e-bid confirmation number with a time stamp from the bid management system indicating their bid was submitted successfully. The City will only receive those submittals that were transmitted successfully. Do not fax or e-mail. In the event you encounter technical difficulties during the uploading process, please contact PlanetBids technical support directly via email at [email protected] or call (818) 992-1771 (M-F from 7:00am to 5:00pm Pacific).

Submittals received after the bid due date and time will be considered nonresponsive and will not be accepted.

8. Bid proposals will be evaluated by the City. If a bid proposal is found to be incomplete or not in compliance with the format required, it will not be submitted for evaluation. During the evaluation process, the City may find it beneficial to request additional information. Award will be made to the lowest responsive responsible bidder.

9. Any bid proposal may be withdrawn at any time prior to the hour fixed for the opening, provided that a request in writing executed by the Bidder, or his/her duly authorized representative, for the withdrawal of such bid proposal is filed with Purchasing. The withdrawal of a bid proposal shall not prejudice the right of a Bidder to file a new bid proposal prior to the time and date set for the opening. After the expiration of the time and date for receipt of bid proposals, a bid proposal may not be withdrawn or altered.

10. Bidder is responsible for fully acquainting itself with the conditions of the project site (which may include more than one site), as well as those relating to the construction and labor of the project, to fully understand the facilities, difficulties, and restrictions which may impact the cost or effort required to complete the project.

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11. The City reserves the right to seek supplementary information from any Bidder at any time after official bid proposal opening and before the award. Such information will be limited to clarification or amplification of information asked in the original bid proposal.

12. Issuance of the IFB and receipt of bid proposals does not commit the City to award an agreement.

The City reserves the right to postpone the IFB process for its own convenience, to accept or reject any or all bid proposals received in response to this IFB, to negotiate with other than the selected company should negotiations with the selected company be terminated, or to cancel any section of this IFB. The City also reserves the right to apportion the award among more than one company.

13. The successful Bidder shall enter into a formal agreement with City which will be very similar in content to the Attachment A, Sample Construction Agreement which is provided for information purposes only and to help clarify City intent relevant to this IFB as well as general contract requirements of the City.

14. Bidder and its subcontractors performing work under this contract will be required to pay California sales tax and other applicable taxes, and to pay for permits, licenses, and fees required by the agencies with authority in the jurisdiction in which the work will be located, unless otherwise expressly provided by the Contract Documents.

15. Prior to beginning any work or delivering any equipment or material to be furnished under this bid proposal, the Bidder shall secure the appropriate Business License from the City of Madera.

Business license information may be obtained by calling (559) 661-5408.

Any Federal or State of California License/Certification required to provide the services will be required.

A Class A, General Engineering Contractor, or C-12, Earthwork & Paving Contractors License will be required. Insurance documentation in accordance with the Insurance Requirements for Contractors will also be required.

16. Bidder’s Proprietary Information: Upon bid opening, all documents provided by the successful Bidder shall become public record. All documents provided by any Bidders, other than the successful Bidder, shall become public record in their entirety and subject to disclosure. This shall also include but is not limited to documents for projects for which all bid proposals are rejected and projects for which an award is not made for any reason. In the event that one or more bid proposals are returned to the bidding parties, it is the intent of the City that such documents shall not become public records of the City unless required by the California Public Records Act or other provisions of law.

17. It is the City's policy to encourage the purchase of supplies, services and equipment from vendors located within the boundaries of the City. Local vendors are sellers, vendors, suppliers, and contractors who maintain places of business located within the limits of the City and who have a current City of Madera business license. The local vendor outreach policy shall not apply to those Agreements where State or Federal law, or other laws or regulations preclude such a preference.

Contractors will, to the greatest extent feasible, attempt to incorporate local area businesses as subcontractors and suppliers. Contractors will, upon request, provide records showing the outreach efforts made to local businesses to demonstrate that they have made a reasonable IFB 202627-03 Fiscal Year 2026/2027 Asphalt/Concrete Patching On-Call Services

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effort to inform local businesses of the opportunity.

18. All applicable laws, ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the Contract throughout.

19. Contractor must submit proof of insurance and endorsement that meet the Insurance Requirements for Contractors detailed below prior to contract award by City Council.

Insurance Requirements for Contractors: Without limiting Contractor’s indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide, and continuously maintain at its own expense during the term of the Agreement, and shall require any and all Subcontractors and Subconsultants of every Tier to obtain and maintain, policies of insurance of the type and amounts described below and in form satisfactory to the City.

Minimum Scope and Limits of Insurance
Contractor shall maintain limits no less than:
 $2,000,000 General Liability (including operations, products and completed operations) per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as Insurance Services Office (ISO) Commercial General Liability coverage form CG 00

01. General liability policies shall be endorsed using ISO forms CG 20 10 and CG 20 37 to provide that the City and its officers, officials, employees, and agents shall be additional insureds under such policies.
 $2,000,000 Automobile Liability combined single limit per accident for bodily injury or property damage at least as broad as ISO Form CA 00 01 for all activities of Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles. Automobile Liability policies shall be endorsed to provide that the City and its officers, officials, employees, and agents shall be additional insureds under such policies.
 Worker’s Compensation as required by the State of California and $1,000,000 Employer’s Liability per accident for bodily injury or disease. Contractor shall submit to the City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, and volunteers.

Maintenance of Coverage
Contractor shall procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Contractor, his agents, representatives, employees, subcontractors or subconsultants as specified in this Agreement.

Proof of Insurance
Contractor shall provide to the City certificates of insurance and endorsements, as required, as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by the City prior to commencement of performance. Current evidence of insurance shall be kept on file with the City at all times during the term of this Agreement. Agency reserves the right to require complete, certified copies of all required insurance policies, at any time.

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Acceptable Insurers
All insurance policies shall be issued by an insurance company currently authorized by the Insurance commissioner to transact business of insurance in the State of California, with an assigned policyholders’ Rating of A- (or higher) and a Financial Size Category Class VII (or larger), in accordance with the latest edition of Best’s Key Rating Guide.

Primary/Non-Contributary
For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance as respects the entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the entity, its officers, officials, employees or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

Waiver of Subrogation
All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, and volunteers, or shall specifically allow Contractor, or others providing insurance evidence in compliance with these specifications, to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City and shall require similar written express waivers and insurance clauses from each of its subconsultants or subcontractors.

Enforcement of Contract Provisions (non estoppel)
Contractor acknowledges and agrees that any actual or alleged failure on the part of the Agency to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City, nor does it waive any rights hereunder.

Specifications not Limiting
Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If Contractor maintains higher limits than the minimums required above, the entity shall be entitled to coverage at the higher limits maintained by Contractor.

Notice of Cancellation
Contractor agrees to oblige its insurance agent or broker and insurers to provide to the City with thirty (30) calendar days’ notice of cancellation (except for nonpayment for which ten (10) calendar days’ notice is required) or nonrenewal of coverage for each required coverage.

Self-insurance will not be considered to comply with these specifications unless approved by the City’s Risk Manager.

Timely Notice of Claims
Contractor shall give the City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or IFB 202627-03 Fiscal Year 2026/2027 Asphalt/Concrete Patching On-Call Services

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may involve coverage under any of the required liability policies.

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Attachments
The following attachments are to be incorporated and included as part of the CONTRACT DOCUMENTS for IFB 202627-03, Fiscal Year 2026/2027 Asphalt/Concrete Patching On-Call Services:
 Attachment A, Sample Construction Agreement, 19 Pages IFB 202627-03 Fiscal Year 2026/2027 Asphalt/Concrete Patching On-Call Services

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SAMPLE CONSTRUCTION AGREEMENT
IFB 202627-03 Fiscal Year 2026/2027 Asphalt-Concrete Patching On-Call Services 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 202627-03 Fiscal Year 2026/2027 Asphalt-Concrete Patching On-Call Services.”

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 and will complete the same within 30 calendar days per assigned location. The CONTRACTOR shall submit a Payment Bond and Performance Bond in the amount of $778,000.00, 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 and shall continue in full force and effect through ___, 2027, unless otherwise terminated earlier by one of the parties pursuant to Section 21 of this Agreement. The term may be extended by the City Manager in writing if extension is limited to term only and if mutually agreed to at least 90 days in advance of expiration for a period not to exceed one (1) additional year.

4. The Contract Amount. OWNER agrees to pay, and CONTRACTOR agrees to accept, payment in full for the WORK described in the CONTRACT DOCUMENTS based solely on the unit prices set forth in Exhibit A. WORK performed at unit prices proposed in the CONTRACT DOCUMENTS will be paid based on actual quantities of work performed and accepted, multiplied by the applicable unit prices. Any adjustments for changes in the WORK must be authorized in writing by OWNER.

5. Contract Documents. The CONTRACTOR shall commence and complete all WORK required in accordance with the following CONTRACT DOCUMENTS, attached hereto as:

Exhibit A. CONTRACTOR Complete Bid as Submitted on _______________ Exhibit B. Addenda No. 1, Dated _____
IFB 202627-03 Fiscal Year 2026/2027 Asphalt/Concrete Patching On-Call Services Attachment A, Sample Construction Agreement

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Exhibit C. Addenda No. 2, Dated _____
Exhibit D. Addenda No. 3, Dated _____
Exhibit E. Insurance Requirements for Contractors as Specified in IFB Exhibit F. IFB 202627-03 Fiscal Year 2026/2027 Asphalt-Concrete Patching On-Call Services

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 _______ ($585.00) 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 IFB 202627-03 Fiscal Year 2026/2027 Asphalt/Concrete Patching On-Call Services Attachment A, Sample Construction Agreement

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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.
1) 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:
a) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by OWNER under this Contract. b) 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.
c) Payment of an amount that is disputed by the OWNER.
2) The Claim Must Be Timely and in Writing:

Notice of an actual claim must be filed on or before the date of final payment. 3) 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.
4) City Council Approval:

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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 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.
5) 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. 6) 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.

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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.

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.
7) 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.
8) 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.
9) Interest:

Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.
10) 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 IFB 202627-03 Fiscal Year 2026/2027 Asphalt/Concrete Patching On-Call Services Attachment A, Sample Construction Agreement

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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 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. 11) 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 IFB 202627-03 Fiscal Year 2026/2027 Asphalt/Concrete Patching On-Call Services Attachment A, Sample Construction Agreement

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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 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.

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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 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
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(d) 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.

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.

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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.

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.

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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 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 E, Insurance Requirements for CONTRACTORs.

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.

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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 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 IFB 202627-03 Fiscal Year 2026/2027 Asphalt/Concrete Patching On-Call Services Attachment A, Sample Construction Agreement

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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 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 IFB 202627-03 Fiscal Year 2026/2027 Asphalt/Concrete Patching On-Call Services Attachment A, Sample Construction Agreement

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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 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 IFB 202627-03 Fiscal Year 2026/2027 Asphalt/Concrete Patching On-Call Services Attachment A, Sample Construction Agreement

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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, 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 IFB 202627-03 Fiscal Year 2026/2027 Asphalt/Concrete Patching On-Call Services Attachment A, Sample Construction Agreement

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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.

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 IFB 202627-03 Fiscal Year 2026/2027 Asphalt/Concrete Patching On-Call Services Attachment A, Sample Construction Agreement

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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).

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.

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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: _________________________________
Cecelia K. 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.

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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 ______________, 2026 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)
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REPORT TO CITY COUNCIL
Approved by: Council Meeting: September 16, 2026
_________________________________ Agenda Number: __________ Harpiar Gandhi, Public Works Ops Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Award of Bid for Invitation (IFB) No. 202627-05, Road Rehabilitation Various Locations RECOMMENDATION:

1. Adopt a Resolution approving a Construction Agreement with Avison Construction, Inc. for the Road Rehabilitation Various Locations project, IFB No. 202627-05

2. Determining the project is Categorically Exempt pursuant to Section 15301, Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA) SUMMARY:

The City wishes to complete road rehabilitation projects at various locations throughout the community as part of the 10x10 street rehabilitation program. These rehabilitation projects generally consist of grinding, overlay, full depth reclamation, traffic control, protection of existing utilities and improvements, pavement repairs, asphalt paving, rolling and compaction, and striping and pavement marking restoration.

Staff recommends that the Council award a construction contract to Avison Construction, Inc., the lowest responsive and responsible bidder for $1,119,475, which includes a base bid of $891,450, and Add Alternates 1 and 2 for $228,025.

The Engineer’s Opinion of Probable Construction Cost for the project is $2,450,000.

BACKGROUND:

At its meeting on May 21, 2025, Council heard from City staff and its consultant, NCE, on the existing pavement conditions of City roads. As part of the report, it was noted that the City maintains 217.5 centerline miles of streets, or 3.44 miles per 1,000 people. At the time, the City’s D-3

RETURN TO AGENDA
pavement network condition (PCI) was 60, or in fair condition. The report further noted that the City has a plethora of roads in need of rehabilitation. While road repairs are primarily included in the City’s Capital Improvement Program (CIP), staff recommended the inclusion of a pilot program in the Fiscal Year 2025/26 budget titled the 10x10 program. Per the 2025/26 budget, the 10x10:
“pavement program [is] designed to address street repairs that are too extensive for standard pothole patching, but not large enough to qualify as a capital project to be included in the City’s CIP”.

As part of the 2025/26 budget, Council allocated $526k and a part of the intersection of Cleveland/Gateway and 2 west bound travel lanes adjacent to Midland Tractor Co. were rehabilitated. Based on the success of program in its initial year and funding availability, Council allocated $3 million in the 2026/27 budget. This item represents the first project in this year’s program.

With a funding source identified, staff identified various locations, primarily based on pavement conditions as outlined in the NCE report and traffic. The locations are listed below and included as Attachment 2.

The work generally consists of grinding, overlay, full depth reclamation, traffic control, protection of existing utilities and improvements, adjustment of utility covers and valve boxes to grade, pavement repairs, installation of pavement fabric (if required), asphalt paving, rolling and compaction, striping and pavement marking restoration, cleanup, and disposal of excess materials. The Bid Schedule is organized as follows:

A. Bid Schedule A:

Base Bid (Locations 1 through 11): grind and overlay, and full-deep reclamation improvements at 11 locations.

B. Bid Schedule B
Add Alternate 1 (Locations B-1 and B-2): grind and overlay improvements on H Street.

C. Bid Schedule C
Add Alternate 2 (Location C-1): grind and overlay improvements on Tulare Street.

IFB No. 202627-05 was released on August 15, 2026, with a non-mandatory pre-bid meeting and site visit held on August 21, 2026, and bids due on September 8, 2026. The IFB notice was advertised in accordance with the California Public Contract Code (PCC) and the City’s purchasing policy, and was published on the following platforms:
▪ City of Madera PlanetBids Vendor Portal
▪ Construction Bidboard (Ebidboard)
▪ Dodge Data & Analytics
▪ Placer County Contractors Association & Builders Exchange ▪ Builders’ Exchange of San Joaquin
▪ Central California Builders Exchange
▪ Valley Builders Exchange
During the process, 273 bidders from the City’s online vendor registry were notified. An additional 36 bidders licensed to perform the work identified in the scope of the IFB were notified through the City’s informal construction bidder list. A total of 37 potential bidders downloaded the project bid documents, and 33 indicated that they would bid. Bids were ultimately received from 10 vendors as noted on Table 1. City staff reviewed all bids received for completeness, compliance with the solicitation requirements, and responsiveness.

In short, Avison Construction, Inc. was the low bidder for $1,119,475, which includes the two bid alternatives.

Table 1: Bid Summary
Bidder Base Bid
Amount
Add Alt 1 Add Alt 2 Total Bid
Amount
Avison Construction, Inc. $891,450.00 $120,225.00 $107,800.00 $1,119,475.00 Consolidated Engineering, Inc. $1,013,685.00 $181,605.00 $100,940.00 $1,296,230.00 Cal Valley Construction, Inc. $1,107,125.00 $185,055.00 $103,096.00 $1,395,276.00 Agee Construction
Corporation
$1,109,590.00 $163,500.00 $117,600.00 $1,390,690.00
Granite Construction
Company
$1,184,675.00 $225,255.00 $149,940.00 $1,559,870.00
United Pavement
Maintenance, Inc.
$1,233,700.00 $269,130.00 $141,120.00 $1,643,950.00
Martin Brothers Construction $1,299,901.00 $293,991.00 $132,104.00 $1,725,996.00 Arrow Drillers, Inc. dba Arrow
Construction
$1,415,808.25 $252,765.00 $136,220.00 $1,804,791.25
Dawson-Mauldin, LLC $1,488,087.50 $362,625.00 $186,200.00 $2,036,912.50 Katch Environmental, Inc. $1,681,727.25 $373,756.50 $161,896.00 $2,217,379.75 It is noted there are 14 locations. It should be emphasized that this project will not rehabilitate large segments of roadway, rather it is anticipated to repair segments of road that are poor and very poor conditions along major roads or roads that act as entryways. These locations include the following and can also be found in Attachment 2:

1. West Cleveland Avenue, from Country Club Drive to east of 1103 Country Club Drive

2. West Cleveland Avenue and North Schnoor Avenue Intersection

3. Howard Road and Granada Drive Intersection

4. Pine Street and Howard Road Intersection

5. South Pine Street from Oak Street to South of Howard Road

6. North Granada Drive northbound lane, from Foxglove Way to adjacent to 2026 North Granada Drive

7. West 2nd Street, from North G Street to North H Street

8. Schnoor Avenue, from south of Venturi Avenue (adjacent to 611 Schnoor Avenue) to north of Sunset Avenue

9. Avenue 17, adjacent to traffic signal at 3174 Avenue 17, to north of State Route 99 northbound on-ramp, east- and westbound lanes

10. North Gateway Drive, from Cleveland Avenue to south of 1120 North Gateway Drive

11. Cleveland Avenue, from North Gateway Drive to east of the State Route 99 off-ramp, eastbound lanes

12. Add Alternate 1 (2 locations; B-1 & B-2)
▪ H Street, from North of W. 4th Street to south of Railroad Crossing, ▪ H Street, from north of Railroad Crossing to northbound State Route 99 onramp

13. Add Alternate 2 (Location No. C-1)
▪ Tulare Street from East Cleveland Avenue to Mission Street ENVIRONMENTAL REVIEW:

Staff has performed a preliminary environmental assessment of this project and has determined that this project would be categorically exempt pursuant to CEQA Guidelines section 15301, Class 1 (Existing Facilities), as the project would perform road rehabilitation projects at various locations throughout the community as part of the 10x10 street rehabilitation program. Further, none of the exceptions under CEQA Guidelines section 15300.2 are applicable.

FINANCIAL IMPACT:

Funding for this project became available through Measure T and was included in this year’s adopted budget. The project budget includes the low bid $1,119,475, plus a 25 percent contingency; and an additional 10 percent for various construction management, administration, testing, and inspection services; for a total project budget of $1,511,291.25. While most public projects have a contingency of 10 or 15 percent, staff recommends 25 percent due to unanticipated issues that may arise, such as unpredictable soil conditions or pavement transitions. With a higher than typical contingency, staff can address issues immediately rather than returning to Council for potential items delaying project delivery.

Table 2 summarizes the project budget.

Table 2: Project Budget
Item Amount
Avison Construction, Inc. $1,119,475.00
Project Contingency (25% of low bid) $279,868.75
Construction Mgmt. & Testing (10% of low bid) $111,947.50 Total Project Budget $1,511,291.25
As noted, Council allocated $3 million for the 10x10 road rehabilitation program. This project anticipates utilizing approximately half of the allocated budget. Staff anticipates preparing another IFB for additional road segments with the remaining funds.

ATTACHMENTS:

1. Resolution Awarding IFB No. 202627-05 to Avison Construction, Inc. for Road Rehabilitation Various Locations
a. Exhibit A – Contract Agreement
i. Exhibit A – Contractor Bid Proposal as submitted on 09/08/2026 ii. Exhibit B – Insurance Requirements for Contractors as specified in IFB 202627- 05 iii. Exhibit C – Addendum No. 1 dated 08/27/2026
iv. Exhibit D – Addendum No. 2 dated 09/03/2026
v. Exhibit E – IFB 202627-05 Road Rehabilitation Various Locations

2. Location Maps
RESOLUTION NO. 26-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA, AWARDING INVITATION FOR BID (IFB) NO. 202627-05 TO AVISON CONSTRUCTION, INC. FOR ROAD REHABILITATION VARIOUS

LOCATIONS AND AUTHORIZING CONTRACT CONTINGENCIES RELATED TO

THE CONTRACT
WHEREAS, on August 15, 2026, the City issued Invitation for Bid (IFB) No. 202627-05 for Road Rehabilitation Various Locations, pursuant to California Public Contract Code section 22000 et seq.; and
WHEREAS, the City received 10 bid(s) in response to the IFB, which were opened and reviewed by City staff for responsiveness and responsibility in accordance with the terms of the IFB; and
WHEREAS, based on that review, City staff determined that AVISON CONSTRUCTION, INC. submitted the lowest responsive, responsible bid on the Base Bid (Bid Schedule A) in accordance with the requirements of the IFB; and
WHEREAS, the Engineer’s Opinion of Cost for this project is $2,450,000, and sufficient funds are available for the project; and
WHEREAS, the City desires to award a construction contract to AVISON CONSTRUCTION, INC. in an amount not to exceed $1,119,475.00 (Base Bid + Add Alternate 1 + Add Alternate 2).

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MADERA HEREBY finds, orders, and resolves as follows:

1. The above recitals are true and correct.

2. CEQA: The City has performed a preliminary environmental assessment of this project and, pursuant to California Environmental Quality Act (CEQA) section 15301 (Existing Facilities), finds this project is exempt under CEQA as the project would perform road rehabilitation projects at various locations throughout the community as part of the 10x10 street rehabilitation program. Furthermore, the City Council finds that none of the exceptions to the exemptions set forth in CEQA Guidelines section 15300.2 are applicable to this project.

3. The City Council hereby awards Invitation for Bid (IFB) No. 202627-05 for Road Rehabilitation Various Locations to Avison Construction, Inc. the lowest responsive, responsible bidder, in the amount of $1,119,475.00.

4. Council authorizes Construction Contingencies of up to twenty-five percent (25%) as approved by the Director of Public Works.

5. This Resolution is effective immediately upon adoption. * * * * * * * * * *

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Exhibit A

CONSTRUCTION AGREEMENT
IFB 202627-05
Road Rehabilitation Various Locations
This Construction Agreement (“Agreement”) is made between the City of Madera, hereinafter called “OWNER” or “CITY” and Avison Construction, Inc. 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 202627-05 Road Rehabilitation Various Locations.”

3. Commencement of Work and Bonds. The CONTRACTOR shall commence the WORK required by the CONTRACT DOCUMENTS within fifteen (15) calendar days after the date of the NOTICE TO PROCEED, as agreed upon by OWNER and CONTRACTOR during the preconstruction meeting and will complete the same within forty-five (45) calendar days. The CONTRACTOR shall submit Payment Bond and Performance Bond in the amount of $1,119,475.00, 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.

4. Contract Amount. OWNER agrees to pay, and CONTRACTOR agrees to accept, the sum of ONE MILLION, ONE HUNDRED NINETEEN THOUSAND, FOUR HUNDRED SEVENTY-FIVE Dollars ($1,119,475.00) (“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 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 E:

A. CONTRACTOR Bid Proposal as Submitted on 09/08/2026
B. Insurance Requirements for Contractors as specified in IFB 202627-05 C. Addendum No. 1 dated 08/27/2026
D. Addendum No. 2 dated 09/03/2026

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E. IFB 202627-05 Road Rehabilitation Various Locations

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 TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500) per day for each and every calendar day delay in finishing the WORK beyond the completion date so specified.

7. Payment to Contractor. As consideration for performance of the Work required herein, OWNER agrees to pay CONTRACTOR on a time and materials basis as set forth herein, a not-to-exceed amount of $1,119,475.00 (“Total Contract Price”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the OWNER.
(a) Periodic payments shall be made by the OWNER to CONTRACTOR within thirty (30) days of OWNER’S receipt of an application for payment from CONTRACTOR for services rendered. Payments to CONTRACTOR for work performed will be made on a monthly billing basis. The application shall include all information required by the OWNER and shall be in a format approved by the OWNER. This application shall be supported by evidence which is required by this Contract and such other documentation as the OWNER may require. The CONTRACTOR shall certify that the Work for which payment is requested has been done and that any materials listed are stored where indicated. OWNER shall review and pay the payment request in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code.
(b) Labor and Material Releases. CONTRACTOR shall furnish OWNER with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by OWNER.

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

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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.
(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

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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 Owner'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 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.

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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.

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.

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

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responsibility or qualifications of the Contractor.
(i) 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 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. (j) Filing of Action on Unresolved Claims:

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 1, 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

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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 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 Relations. 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 Industrial 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 with 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

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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, 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.

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.

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(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
(d) 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.

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.

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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.

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.

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.

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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.

19. CONTRACTOR must comply with the insurance requirements as described in Exhibit B, Insurance Requirements for CONTRACTOR as specified in IFB.

20. Amendments. Any changes to this Agreement requested by either City or CONTRACTOR may only be affected 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.
i. General: If, prior to the acceptance of the Work, the CONTRACTOR:
1) Becomes insolvent, assigns its assets for the benefit of its creditors, or is otherwise financially unable to complete the Work; 2) Abandons the Work by failing to report to the Work site and diligently prosecute the Work to completion;
3) Disregards written instructions from the City Engineer or materially violates provisions of the Contract Documents;
4) Fails to prosecute the Work according to the schedule approved by the City Engineer;
5) Disregards laws or regulations of any public body having jurisdiction; or
6) Commits continuous or repeated violations of regulatory or

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statutory safety requirements, then the OWNER will consider the Contractor in default of the Contract.
(b) Notices: Notices and other written communications regarding default between the CONTRACTOR, the OWNER, and the SURETY shall be transmitted as follows:
i. 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
ii. 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.
iii. 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.
(c) 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. (d) 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;
(e) The provisions of this subsection shall be in addition to all other legal rights and remedies available to the Owner.
(f) 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,

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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.
(g) 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 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.
(h) 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.
(i) 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.
i. 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

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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.
ii. 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 immediately cease their work.
iii. Payment:

The Contractor will be paid without duplication for:
1) Work completed in accordance with Contract Documents prior to the effective date of termination for convenience;
2) Reasonable costs incurred in settlement of terminated contracts with Subcontractors, suppliers, and others; and
3) 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:

Curtis Short
Avison Construction, Inc.
40434 Brickyard Drive
Madera, CA 93636
All notices and communications from CONTRACTOR 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)

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days after termination.

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 five years.

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, 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.

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.

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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.

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.

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.

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32. Binding Agreement. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns.

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IN WITNESS WHEREOF the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in THREE copies, each of which shall be deemed an original on the date first above written.

CITY OF MADERA (OWNER)
By: _________________________________
Cecelia K. Gallegos, Mayor
APPROVE AS TO FORM:

By: __________________________________
Shannon L. Chaffin, City Attorney
ATTEST:

By: __________________________________
Alicia Gonzales, City Clerk
AVISON CONSTRUCTION, INC. (CONTRACTOR)
By: _________________________________
Contractor (signature)
_________________________________
Printed Name and Title
___________________________
Federal Tax I.D. No.
823535_____________________
Contractor License Number
1000003258_________________
DIR Registration Number
NOTE: This Notary Acknowledgment on the following page is required for verification of Contractor’s signature.

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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)
Exhibit A

effort to inform local businesses of the opportunity.

18. All applicable laws, ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the Contract throughout.

19. Contractor must submit proof of insurance and endorsement that meet the Insurance Requirements for Contractors detailed below prior to contract award by City Council.

IFB 202627-05 Road Rehabilitation Various Locations

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Exhibit B
Acceptable Insurers
All insurance policies shall be issued by an insurance company currently authorized by the Insurance commissioner to transact business of insurance in the State of California, with an assigned policyholders’ Rating of A- (or higher) and a Financial Size Category Class VII (or larger), in accordance with the latest edition of Best’s Key Rating Guide.

Primary/Non-Contributary
Any insurance or self-insurance maintained by the entity, its officers, officials, employees or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

Self-insurance will not be considered to comply with these specifications unless approved by the City’s Risk Manager.

Timely Notice of Claims
Contractor shall give the City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

IFB 202627-05 Road Rehabilitation Various Locations

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IFB 202627-05 Road Rehabilitation Various Locations

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City of Madera Purchasing, 205 West 4th Street, Madera, CA 93637 Phone: (559) 661-5463 • Website: www.madera.gov
ADDENDUM NO. 1
August 27, 2026
RE: IFB 202627-05 Road Rehabilitation Various Locations The foregoing documents are amended in the respects as herein set forth. This addendum and the amendments herein shall become part of said documents and of any contract entered into pursuant to said documents.

Bid due date remains the same: 4:00pm, September 8, 2026 No. Attachments Number
of Pages
1 Pre-Bid Meeting Sign-in Sheet (NOTE: sign-in sheet redacted to protect privacy of attendees).
1 2. Pre-Bid Meeting Minutes 5

3. Q&A through 5:00pm, August 25, 2026 3

4. Revised Bidder Checklist 1

5. Business License Certification Form 1

6. Insurance Requirements Certification Form 1

7. Bidder Self-Performance Certification Form 1

8. Benchmark Map (NOTE: additional data available at www.noaa.gov) 1 Issued by: __________________________________________
Jennifer Stickman
Procurement Services Manager
To verify receipt of this Addendum No. 1, please email this sheet to Jennifer Stickman at [email protected] before bid due date. A copy of this signed sheet must also be included with your bid proposal submittal.

Company:

Signature:

Acknowledged by:

Exhibit C
IFB 202627-05 Road Rehabilitation Various Locations
Addendum No. 1, Attachment 1

Page 1 of 1 ends

City of Madera Purchasing, 205 W 4th Street, Madera, CA 93637 Phone: (559) 661-5463 • www.madera.gov/purchasing
Road Rehabilitation Various Locations
Invitation for Bid (IFB) No. 202627-05
Pre-Bid Meeting
August 20, 2026, 10:00am
Madera Public Works
1030 South Gateway Drive
Madera, CA
Agenda Items

1. Welcome/Introductions and Circulation of Sign-in Sheet.

2. Important Dates
A. Questions must be submitted online through the City’s PlanetBids vendor portal at https://pbsystem.planetbids.com/portal/54016/portal-home under the “Q&A” tab, until no later than 5:00pm on Tuesday, August 25, 2026.

B. Bids due no later than 4:00pm on Tuesday, September 8, 2026. Bids must be submitted online through the City’s PlanetBids vendor portal at https://pbsystem.planetbids.com/portal/54016/portal-home.

All required sections shall be submitted via the website. Proposer is solely responsible for on time submission of their electronic submittal. The bid management system will not accept late bids and no exceptions shall be made.

Proposers will receive an e-bid confirmation number with a time stamp from the bid management system indicating their bid was submitted successfully. The City will only receive those submittals that were transmitted successfully. Do not fax or e-mail. In the event you encounter technical difficulties during the uploading process, please contact Planet Bids technical support directly via email at [email protected] or call (818) 992-1771 (M-F from 7:00am to 5:00pm Pacific).

3. Bid Submittal Requirements
IFB 202627-05 Road Rehabilitation Various Locations
Addendum No. 1, Attachment 2

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City of Madera Purchasing, 205 W 4th Street, Madera, CA 93637 Phone: (559) 661-5463 • www.madera.gov/purchasing
A. Items 1 through 12 on the Bidder Checklist.

Note, Bidder Checklist will be revised by addendum to include additional exhibits, including insurance and business license certifications, so checklist will be expanded to include Items 1 through 15.

B. Make sure you submit a hard copy original of your complete bid and all required forms as uploaded to PlanetBids no sooner than the bid submittal date and time, and no later than 4:00pm on the 3rd business day after bid opening to ATTN:

Jennifer Stickman, City of Madera, 205 East 4th Street, Madera, Ca 93637.

4. Summary of Project Scope of Work
A. The Engineer’s Opinion of Cost for this project is $2,450,000.

B. The City is in need of road rehabilitation in various locations throughout the City as identified on the location map included as Attachment A. The work in general includes, but is not limited to grinding, overlay, full depth reclamation, traffic control, protection of existing utilities and improvements, adjustment of utility covers and valve boxes to grade, pavement repairs as necessary, installation of pavement fabric (if required), asphalt paving, rolling and compaction, striping and pavement markings restoration, cleanup, and disposal of excess materials. Vicinity maps showing the approximate project locations are included as Attachment A for reference.

All work shall be performed in accordance with the latest edition of the State of California Department of Transportation (Caltrans) Standard Specifications and Standard Plans, and the requirements of the City of Madera.

The Contractor shall furnish all labor, materials, equipment, tools, transportation, and incidentals necessary to complete the work in a safe and workmanlike manner and within the time specified in the Contract Documents.

The contractor must comply with all safety requirements as set forth in the latest editions of the Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD), as well as the MUTCD California Supplement.

All work shall be completed within forty-five (45) calendar days from the date specified in the Notice to Proceed.

Grind/Overlay
Contractor’s bid price for this item shall include all costs including but not limited to labor, materials, taxes, mobilization, de-mobilization, permits, testing, certifications, and other fees necessary for the Contractor to perform the work.

The work to be performed under this Contract consists generally of cold planing (grinding) the existing asphalt concrete pavement to the depth of 3-inches, removal and disposal of grindings, preparation of the existing surface, application IFB 202627-05 Road Rehabilitation Various Locations
Addendum No. 1, Attachment 2

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City of Madera Purchasing, 205 W 4th Street, Madera, CA 93637 Phone: (559) 661-5463 • www.madera.gov/purchasing
of tack coat, placement of hot mix asphalt (HMA) overlay, compaction, and all related appurtenant work necessary to complete the project.

Full Depth Reclamation
Contractor’s bid price for this item shall include all costs including but not limited to labor, materials, taxes, mobilization, de-mobilization, permits, testing, certifications, and other fees necessary for the Contractor to perform the work.

The work to be performed under this Contract consists generally of full depth reclamation (FDR) of the existing roadway pavement section by pulverizing and blending the existing asphalt concrete pavement and underlying base material , application of stabilizing agents if required, shaping, grading, moisture conditioning, compaction, and placement of asphalt concrete overlay, together with all related appurtenant work necessary to complete the project.

Estimated Quantities
All quantities identified in the Bid Schedule are approximate and are provided solely for the purpose of comparing bids. Actual quantities may vary from those estimated. Payment for Work performed shall be based on the actual quantities furnished, installed, or completed, as verified by the City, and paid at the applicable unit prices set forth in the Contractor’s bid proposal.

Adjustment of Quantities
The City reserves the right to increase or decrease any bid item quantity by up to twenty-five percent (25%) of the estimated quantity without invalidating the Contract or entitling the Contractor to any additional compensation beyond the applicable unit prices bid for such items.

C. Review location maps.

NOTE: locations are rough estimates. Any additions/change orders will be based on final pay quantities.

Location notes:

Location 1
Map reviewed, nothing to note.

Location 2
We would like to avoid traffic loops, but if we must replace them, that work will be added by change order.

Location 3
We would like to avoid traffic loops, but if we must replace them, that work will be added by change order.

IFB 202627-05 Road Rehabilitation Various Locations
Addendum No. 1, Attachment 2

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City of Madera Purchasing, 205 W 4th Street, Madera, CA 93637 Phone: (559) 661-5463 • www.madera.gov/purchasing
Location 4
Map reviewed, nothing to note.

Location 5
Full depth reclamation.

Location 6
Grind and overlay but will issue a change order if it is determined that we need to go to full depth reclamation.

Location 7
Map reviewed, nothing to note.

Location 8
Northbound lane only.

Location 9
Deconstruction whole northbound lane from the signal in front of Love’s to the abutment of the bridge. Will need geofabric underneath, and subgrade if needed.

Location 10
Map reviewed, nothing to note.

Location 11
Map reviewed, nothing to note.

Location B1 & B2 (Add Alternate 1)
Map reviewed, nothing to note.

Location C1 (Add Alternate 2)
Map reviewed, nothing to note.

5. Questions
Question: Are we preserving or replacing monuments? Replacing/updating them is recommended.

Answer: City would prefer that monuments are preserved. Will furnish a monument map is one is available.

NOTE: Benchmark map furnished by the City’s Engineering division is included with Addendum No. 1. Engineering also advised that the map may have been last updated approximately 30 years ago, so they provide the following link to surveyors: www.noaa.gov.

IFB 202627-05 Road Rehabilitation Various Locations
Addendum No. 1, Attachment 2

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City of Madera Purchasing, 205 W 4th Street, Madera, CA 93637 Phone: (559) 661-5463 • www.madera.gov/purchasing
Question: Can we grind at night?
Answer: Yes, if contractor provides 36-hour notice to Public Works director, and with prior approval from the City's Community Development department. All Cleveland locations can be night work if approved. Also, the City is open to two shifts - one for day, and the other for night - if night work approved.

Question: How lenient is the City on road closures?
Answer: If proper detours are provided, we can work on road closures. Also, note that we require traffic management plan for each location to be submitted prior to commencing work.

Question: Are there any locations in the CalTrans right-of-way? Answer: No. Limits of work remain in the City's jurisdiction.

Question: Will we be allowed to space out paving work if there are two adjacent locations? Answer: Yes, if traffic is not impacted and locations can be opened to traffic within the next day.

Question: Bonds and insurance required?
Answer: Yes. City will issue addendum to add exhibits, including exhibits for insurance and business license requirements. Contractors advised that contract will not be signed until insurance requirements included in the IFB are met and no payment will be made until business license requirements are met.

6. Meeting Conclusion

7. Job Walk
None.

IFB 202627-05 Road Rehabilitation Various Locations
Addendum No. 1, Attachment 2

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Q&A through 5:00pm, August 25, 2026
Q 01 Are traffic loops going to be replaced at the intersections with signals? If so, can the City create a bid number or direct the contractor how they will get paid for this scope? A 01 We anticipate that we will be able to avoid traffic loops, but if it is unavoidable we will add this work by change order.

Q 02 Is the City aware of any areas within the project limits which currently has pavement fabric that will need to be replaced?
A 02 No.

Q 03 In which bid item will the payment of replacing stripings and markings be paid under? A 03 Striping will be done by City.

Q 04 Please confirm that the Full Depth Reclamation is 3 inches for both bid item #5 and bid item #9.

A 04 4" for these locations.

Q 05 Please confirm from meeting that all locations need to be ground out and paved back before moving to the next location?
A 05 Yes, if the locations are closed and the contractor can confirm that the paving will be done next day, City may be able to approve working on multiple locations.

Q 06 Does the bidder get any bid preference for being local from the City of Madera? A 06 No. While the City encourages local business participation, the City of Madera does not have a local bidder preference policy.

Q 07 Please confirm full depth reclamation as removing 3" of asphalt down to native subgrade or aggregate base, proof rolling, and repaving 3" thick.

A 07 Correct (excluding locations 5 and 9 - these are 4") and adding geofabric if required.

Q 08 Please confirm per meeting that locations 1, 2, 3, 10, and 11 are all to be done at night with the rest of the locations to be done during the day.

A 08 Standard working hours for all location. Night work will only be allowed if contractor provides 36-hour notice to the Public Works director, and with prior approval from the City's Community Development department. Please note, noise generating construction equipment activities shall be limited to hours specified in §3-11.02 of the Madera Municipal Code. Also, contractor must comply with all applicable provisions of the California Labor Code regarding employees and overtime (Sections 1720 et seq, and sections 1810 through 1815).

Q 09 Is compaction testing going to be provided by the City? A 09 No.

Q 10 Is an encroachment permit for the City required? Will it be a no fee permit? A 10 Contractor must apply for encroachment permit. It will not be a no-fee permit.

IFB 202627-05 Road Rehabilitation Various Locations
Addendum No. 1, Attachment 3

Page 1 of 3 ends

Q 11 To save money, can locations 5 and 9 be overlaid instead of full depth reclamation? A 11 No
Q 12 Is the contractor to restripe all areas repaved?
A 12 Striping will be done by City.

Q 13 If full depth reclamation is required at locations 5 and 9, can more specifications be provided to complete?
A 13 Details were provided during the pre-bid meeting.

Q 14 For full depth reclamation, how deep does the contractor need to grind in place and how thick is the asphalt section on top? One location indicates 3" of asphalt and the other doesnt indicate a depth.

A 14 The City follows Caltrans standards, which require reclamation of the full asphalt section and a portion of the underlying base along with placing geofabric.

Q 15 For night work, what are the hours of work for all locations? For day work, what are the hours of work for all locations?
A 15 Standard working hours for all location. Night work will only be allowed if contractor provides 36-hour notice to the Public Works director, and with prior approval from the City's Community Development department. Please note, noise generating construction equipment activities shall be limited to hours specified in §3-11.02 of the Madera Municipal Code. Also, contractor must comply with all applicable provisions of the California Labor Code regarding employees and overtime (Sections 1720 et seq, and sections 1810 through 1815).

Q 16 Can the City please provide the working hours for this project? A 16 Standard working hours for all location. Night work will only be allowed if contractor provides 36-hour notice to the Public Works director, and with prior approval from the City's Community Development department. Please note, noise generating construction equipment activities shall be limited to hours specified in §3-11.02 of the Madera Municipal Code. Also, contractor must comply with all applicable provisions of the California Labor Code regarding employees and overtime (Sections 1720 et seq, and sections 1810 through 1815).

Q 17 Can the City please provide lane closure charts/windows for each location identifying if the road can be closed or how many lanes can be closed?
A 17 Traffic management plan for each location as submitted by Contractor before commencing work will determine.

Q 18 Can the City confirm if lime or cement will be needed as a stabilizing agent when performing FDR. If not, then is the City just looking to pulverize existing and repave? A 18 We cannot confirm .

Q 19 What is the FDR depth at location 5 (South Pine from Oak Street to South of Howard Road)? A 19 Follow Caltrans Standards.

Q 20 Will the city provide survey for finish grades if needed? A 20 No.

IFB 202627-05 Road Rehabilitation Various Locations
Addendum No. 1, Attachment 3

Page 2 of 3 ends

Q 21 Will FDR Just in Time Training (JITTT) be required? A 21 No.

Q 22 Is the grind & overlay continious or are they broken out like "dig outs"? A 22 Broken out if required and site specific.

Q 23 Will railroad insurance be needed at of the locations? A 23 See the City’s insurance requirements in the IFB.

Q 24 Will a Caltrans encroachment permit be needed at any of the locations? If so, under what bid item will the contractor get compensated?
A 24 All work will be within the City's right-of-way.

Q 25 Can the City please provide a table/plan sheet showing the number of utility adjustments and type per location? This will help ensure that all contractors are bidding the same quantitiy.

A 25 No.

Q 26 Will there be any loops or electrical affected by this road rehab project? If so can you please add a bid item for this work?
A 26 We anticipate that we will be able to avoid traffic loops, but if it is unavoidable we will add this work by change order.

Q 27 Can the City please provide existing core data at each location? A 27 Not available.

IFB 202627-05 Road Rehabilitation Various Locations
Addendum No. 1, Attachment 3

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INCLUDE THIS PAGE WITH BID
REVISED - Bidder Checklist
SUBMIT THIS BIDDER’S CHECKLIST WITH YOUR BID PROPOSAL. Bidders shall complete and submit all documents marked with an “X” in the “REQUIRED WITH BID SUBMITTAL” column for bids to be considered responsive.

If any Bidder makes any alteration, strike-through, or otherwise deviates from any of the bid forms provided herein or makes any qualifications of any of the required bid forms in separate documents submitted with the Contractor’s Bid Proposal, the Bid Proposal may be considered non-responsive.

REQUIRED WITH BID SUBMITTAL
[X] 1. BID PROPOSAL FORM
[X] 2. BID SCHEDULE
[X] 3. BID PROPOSAL SIGNATURE PAGE
[X] 4. SUBCONTRACTOR LISTING (In excess of 1/2 of 1%)
[X] 5. BID DEPOSIT (ELECTRONIC SCANNED COPY) in the form of:
[ ] Certified Check [ ] Bidder’s Bond (submitted on form in this IFB) [ ] Cashier’s Check [ ] Irrevocable Letter of Credit
[ ] Certificate of Deposit
[X] 6. CERTIFICATION (Comptroller General’s List)
[X] 7. NONCOLLUSION AFFIDAVIT
[X] 8. PUBLIC CONTRACT CODE
[X] 9. EQUAL EMPLOYEMENT OPPORTUNITY CERTIFICATION
[X] 10. CALIFORNIA AIR RESOURCES BOARD (CARB) OFF-ROAD DIESEL FLEET

COMPLIANCE (DOORS CERTIFICATION)
[X] 11. DISCLOSURE OF CONFLICT-OF-INTEREST FORM
[X] 12. BUSINESS LICENSE CERTIFICATION FORM
[X] 13. INSURANCE REQUIREMENTS CERTIFICATION FORM
[X] 14. BIDDER SELF-PERFORMANCE CERTIFICATION FORM
[X] 15. ADDENDA – Signature page of all Addenda issued

SUBMIT NO SOONER THAN ELECTRONIC BID SUBMITTAL DATE AND TIME, AND NO LATER THAN 4:00 P.M. ON THE 3RD BUSINESS DAY AFTER BID OPENING:
[X] COMPLETE BID AND WET-SIGNED ORIGINALS OF ALL REQUIRED FORMS AS UPLOADED TO PLANETBIDS (HARD COPY ORIGINALS delivered to ATTN: Jennifer Stickman, City of Madera, 205 East 4th Street, Madera, Ca 93637) IFB 202627-05 Road Rehabilitation Various Locations
Addendum No. 1, Attachment 4

Page 1 of 1 ends

INCLUDE THIS PAGE WITH BID
Business License Certification
IFB/RFP No:

IFB/RFP Title:

Business Name:

The undersigned certifies that the Contractor understands and agrees to comply with the City’s business license requirements applicable to the services contemplated under this solicitation.

Please select one:
☐ Contractor Currently Licensed
The Contractor currently holds a valid City business license and will maintain the required license for the duration of the contract, as applicable. If this option is checked, please enter your business license number and expiration date here: ____________________________________________ ☐ Contractor Will Obtain Business License if Awarded
The Contractor does not currently hold a City business license but acknowledges that, if awarded a contract by the City, the Contractor is required to obtain and maintain the applicable City business license before commencing work and/or receiving payment, as required by the City.

The Contractor further acknowledges that the City will not issue payment to the Contractor until the Contractor has obtained and provided evidence of a valid City business license.

The Contractor certifies that all information provided on this form is true and correct and acknowledges that failure to obtain or maintain the required business license will result in the Contractor being ineligible to perform work or receive payment under the resulting contract.

Authorized Representative:

Title:

Signature:

Date:

IFB 202627-05 Road Rehabilitation Various Locations
Addendum No. 1, Attachment No. 5

Page 1 of 1 ends

INCLUDE THIS PAGE WITH BID
Insurance Requirements Certification
IFB/RFP No:

IFB/RFP Title:

Business Name:

The undersigned acknowledges that the Contractor has reviewed and understands the City’s insurance requirements included with this solicitation and agrees to comply with all applicable insurance requirements if awarded a contract.

The Contractor acknowledges and certifies that:

1. The Contractor has reviewed the Insurance Requirements in the Information for Bidders section as included with the above noted IFB and understands the types and amounts of insurance coverage required by the City.

2. The Contractor has submitted a current Certificate of Insurance (COI) attached to this form with bid submittal demonstrating that the Contractor currently maintains, or is able to obtain, the required insurance coverage types and limits.

3. The Contractor understands that submission of a Certificate of Insurance does not, by itself, satisfy the City's insurance requirements. The Contractor must provide all required insurance endorsements and other documentation specified in the City's Insurance Requirements prior to contract award.

4. The Contractor acknowledges that, if selected for award, the contract will not be executed by the City until the Contractor has provided all required insurance endorsements and documentation, and those materials have been reviewed and determined to satisfy the City's insurance requirements.

5. The Contractor understands that failure to provide the required insurance documentation, including acceptable endorsements, will result in the City being unable to execute the contract and will affect the Contractor's eligibility for award.

6. The Contractor understands that endorsements are not required to be submitted with the bid, however, must nevertheless be provided and approved by the City prior to contract execution.

By signing below, the undersigned certifies that they are authorized to represent the Contractor and that the Contractor has reviewed, understands, and agrees to comply with the City's insurance requirements applicable to the resulting contract.

Authorized Representative:

Title:

Signature:

Date:

IFB 202627-05 Road Rehabilitation Various Locations
Addendum No. 1, Attachment 6

Page 1 of 1 ends

INCLUDE THIS PAGE WITH BID
Bidder Self-Performance Certification
IFB/RFP No:

IFB/RFP Title:

Bidder:

The undersigned Bidder certifies that, if awarded the Contract, the Bidder will self-perform no less than thirty percent (30%) of the total Contract Work, as measured by the total value of the Work to be performed under the Contract, excluding specialty items designated by the City on the bid proposal.

For purposes of this certification, self-performed Work means Work performed directly by the Bidder's own forces and employees and does not include Work performed by subcontractors, suppliers, or other third parties.

The Bidder understands and agrees that:

1. The Bidder is responsible for performing no less than thirty percent (30%) of the total Contract Work with its own forces, unless otherwise permitted by the Contract Documents or applicable law.

2. The Bidder shall identify all proposed subcontractors in accordance with the requirements of the Bid Documents.

3. The Bidder's failure to comply with the self-performance requirement may constitute a breach of the Contract and may result in remedies available to the City under the Contract Documents and applicable law.

4. The City may require documentation reasonably necessary to verify compliance with this requirement.

5. This certification is made as part of the Bid and is a material representation upon which the City may rely in determining the Bidder's responsiveness and responsibility.

By signing below, the undersigned certifies under penalty of perjury that the information provided in this certification is true and correct and that the Bidder agrees to comply with the requirements stated above.

Legal Business Name:

Authorized Representative:

Title:

Signature:

Date:

IFB 202627-05 Road Rehabilitation Various Locations
Addendum No. 1, Attachment 7

Page 1 of 1 ends

IFB 202627-05 Road Rehabilitation Various Locations
Addendum No. 1, Attachment 8Page 1 of 1
City of Madera Purchasing, 205 West 4th Street, Madera, CA 93637 Phone: (559) 661-5463 • Website: www.madera.gov
ADDENDUM NO. 2
September 3, 2026
RE: IFB 202627-05 Road Rehabilitation Various Locations The foregoing documents are amended in the respects as herein set forth. This addendum and the amendments herein shall become part of said documents and of any contract entered into pursuant to said documents.

Bid due date remains the same: 4:00pm, September 8, 2026 Revised Response for Question 9 from Q&A through 5:00pm, August 25, 2026:

Q 09 Is compaction testing going to be provided by the City? A 09 When testing is required, per Section 1-7 of the General Conditions, “All initial compaction and materials tests shall be performed at no expense to the CONTRACTOR.” Issued by: __________________________________________
Jennifer Stickman
Procurement Services Manager
To verify receipt of this Addendum No. 2, please email this sheet to Jennifer Stickman at [email protected] before bid due date. A copy of this signed sheet must also be included with your bid proposal submittal.

Company:

Signature:

Acknowledged by:

Exhibit D
Invitation for Bid
No. 202627-05
for
Road Rehabilitation Various Locations
Date Released: August 15, 2026
City of Madera
Public Works
Bids are due prior to 4:00pm, September 8, 2026
Exhibit E
Table of Contents
NOTICE OF INVITATION FOR BID...................................................................................................................3 Introduction ..................................................................................................................................................3 Description of Work......................................................................................................................................3 Bid Submittal Date (Close date)....................................................................................................................3 Bidder Questions...........................................................................................................................................3 Pre-Bid Meeting ............................................................................................................................................3 Instructions to Bidders..................................................................................................................................4 Required Contractors Licenses .....................................................................................................................4 Bonding Requirements ................................................................................................................................. 4 Prevailing Wages...........................................................................................................................................5 Bid Protest Procedures ................................................................................................................................. 5 Scope of Work...............................................................................................................................................6 Bidder Checklist ............................................................................................................................................8 Bid Proposal Form.........................................................................................................................................9 Bid Schedule A, Base Bid.............................................................................................................................10 Bid Schedule B, Add Alternate 1 .................................................................................................................11 Bid Schedule C, Add Alternate 2 .................................................................................................................11 Bid Proposal Signature Page .......................................................................................................................13 Subcontractor Listing ..................................................................................................................................14 Certification.................................................................................................................................................15 Noncollusion Affidavit................................................................................................................................. 16 Public Contract Code...................................................................................................................................17 Equal Employment Opportunity Certification ............................................................................................18 California Air Resources Board (CARB) Off-Road Diesel Fleet Compliance (DOORS Certification) ............19 Disclosure of Conflict of Interest ................................................................................................................20 Bid Bond......................................................................................................................................................21 Payment Bond.............................................................................................................................................22 Performance Bond......................................................................................................................................24 Standard Specifications and Plans..............................................................................................................26 General and Special Conditions..................................................................................................................26 Information for Bidders ..............................................................................................................................26 Attachments................................................................................................................................................32

NOTICE OF INVITATION FOR BID
Road Rehabilitation Various Locations
Invitation for Bid (IFB) No. 202627-05
Introduction
Pursuant to California Public Contract Code (PCC) §22000 et seq., the City of Madera (“City”) hereby seeks bids in response to this Invitation for Bid No. 202627-05 for Road Rehabilitation Various Locations. The contract will be awarded to the lowest responsive, responsible bidder based on the base bid amount. Add alternates may be added upon contract award as budget allows and at the City’s discretion. The City reserves the right to reject any bid deemed mathematically or materially unbalanced, including but not limited to bids where unit prices are significantly disproportionate to the estimated cost of the work or where nominal prices are placed on some items and inflated prices on others.

Description of Work
The City is seeking contractors to submit bids for the road rehabilitation in various locations throughout the City. The work in general includes, but is not limited to grinding, overlay, full depth reclamation, traffic control, protection of existing utilities and improvements, adjustment of utility covers and valve boxes to grade, pavement repairs as necessary, pavement fabric if required, asphalt paving, rolling and compaction, striping and pavement marking restoration, cleanup, and disposal of excess materials.

The Engineer’s Opinion of Cost for this project is $2,450,000.

Bid Submittal Date (Close date)
Electronic bids will be accepted on City bid forms provided by the City, until the time and date listed below.

In the event this Invitation for Bid is obtained through any means other than the City’s distribution, the City will not be responsible for the completeness, accuracy or timeliness of the final bid document and may deem bid non-responsive.

All bids must be submitted through the City’s PlanetBids vendor portal no later than 4:00pm on September 8, 2026, at https://pbsystem.planetbids.com/portal/54016/portal-home.

Bidder Questions
Any questions related to this IFB shall be submitted through the City’s PlanetBids vendor portal at https://pbsystem.planetbids.com/portal/54016/portal-home no later than 5:00pm on August 25, 2026.

No oral or emailed question or inquiry about this IFB shall be accepted. No questions or inquiries should be directed to any individual(s) at the locations detailed in this document. All communications must be submitted in writing per the process described in this document.

Pre-Bid Meeting
A non-mandatory pre-bid meeting is scheduled for 10:00am on August 21, 2026, at 1030 S. Gateway IFB 202627-05 Road Rehabilitation Various Locations

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Drive, Madera, CA 93637. Please note, this will include a site visit to the locations under consideration.

In accordance with the Americans with Disabilities Act, all persons who are disabled and who need special accommodations to participate in any proceeding because of that disability should contact Jennifer Stickman at (559) 661-5463 or by email at [email protected] at least five (5) business days prior to the pre-bid meeting.

Instructions to Bidders
Top view or obtain a copy of this IFB by visiting or contacting any of the following:

City of Madera PlanetBids Vendor Portal
Website: https://pbsystem.planetbids.com/portal/54016/portal-home Construction Bidboard (Ebidboard), Phone: 800-479-5314
Website: www.ebidboard.com
Dodge Data & Analytics, Phone: 877-784-9556
Website: www.construction.com
Placer County Contractors Association & Builders Exchange, Phone: 916-771-7229 Website: www.pccamembers.com
Builders’ Exchange of San Joaquin, Phone: 209-478-1000
Website: http://www.bxsj.org
Central California Builders Exchange, Phone: 559-237-1831 Website: http://cencalbx.com/
Valley Builders Exchange. Phone: (209) 522-9031
Website: www.valleybx.com
Required Contractors Licenses
Each Bidder shall be a licensed contractor pursuant to the California Business and Professions Code §7028.15 and California Public Contract Code §3300 and shall be licensed in the following classification asrequired by the scope of work: A General Engineering Contractor License. Any Bidder not meeting the license requirement(s) following the bid opening will be rejected as nonresponsive. All Bidder’s license(s) must be active and in good standing at the time of the bid opening and must remain so throughout the term of the Contract.

Per Labor Code §1771.1, a contractor or subcontractor is not qualified to bid on, be last in a bid proposal for, or perform work on this project unless registered and qualified under Labor Code §1725.5.

Bonding Requirements
Bid security required in the amount of ten percent (10%) of the amount of the bid, and in the form of a bid bond issued by an admitted surety insurer licensed by the California Department of Insurance and certified by the US Bureau of Fiscal Service to conduct business within the state of California, cash, IFB 202627-05 Road Rehabilitation Various Locations

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cashier's check, or certified check shall accompany the bids. Bid securities shall be made in favor of the City of Madera.

Payment Bond equal to one hundred percent (100%) of the Bid Security is required within 7 days of the Notice of Intent to Award on all projects valued at $25,000 and above.

Performance Bond equal to one hundred percent (100%) of the Bid Security is required within 7 days of the Notice of Intent to Award on all projects valued at $100,000 and above.

All bonds (Bid, Performance, and Payment) must be issued by a California admitted surety as defined in California Code of Civil Procedure section 995.120.

Prevailing Wages
The project is a public works project subject to California Labor Code §1770 et seq., The Director of Industrial Relations has determined the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which the work is to be performed, for each craft, classification or type of worker needed to execute this contract. Per Diem wages shall be deemed to include employer payments for health and welfare, pension, vacation, apprenticeship or other training programs, and similar purposes.

The California DIR Public Works Contractors website is: http://www.dir.ca.gov/PublicWorks/Contractors.html. The rate of prevailing wage for any craft, classification, or type of workmanship to be employed on this Project is the rate established by the applicable collective bargaining agreement which rate so provided is hereby adopted by reference and shall be effective for the life of this Agreement or until the Director of the Department of Industrial Relations determines that another rate be adopted.

It shall be mandatory upon the selected contractor and on any subcontractor to pay not less than the said specified rates to all workers employed in the execution of this contract. Contractor shall post on site all required job site notices as prescribed by law or regulation.

Bid Protest Procedures
Any actual or prospective bidder, offeror, or contractor may protest an IFB to the City’s Procurement Services Manager and/or Director of Financial Services by submitting a written appeal within five (5) working days of knowing or reasonably should have known the facts giving rise to the protest, sent via email to [email protected], or mail to Jennifer Stickman, 205 W. 4th Street, Madera, CA 93637, addressing specific issues such as bid contradictions or procurement errors. The Procurement Services Manager and/or Director of Financial Services have the authority to resolve such protests and will provide a written response within five (5) working days unless more time is needed; if the protester is unsatisfied, they may appeal to the City Manager within five (5) business days, and then to the City Council as a final appeal, where they may be heard. While protests generally halt solicitation proceedings, the City may proceed if the Procurement Services Manager and/or Director of Financial Services determine it's necessary to protect a substantial City interest. To deter frivolous protests, those who file two (2) unsuccessful protests within twelve (12) months may face debarment from future bids.

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Scope of Work
The City is in need of road rehabilitation in various locations throughout the City as identified on the location map included as Attachment A. The work in general includes, but is not limited to grinding, overlay, full depth reclamation, traffic control, protection of existing utilities and improvements, adjustment of utility covers and valve boxes to grade, pavement repairs as necessary, installation of pavement fabric (if required), asphalt paving, rolling and compaction, striping and pavement markings restoration, cleanup, and disposal of excess materials. Vicinity maps showing the approximate project locations are included as Attachment A for reference.

All work shall be completed within forty-five (45) calendar days from the date specified in the Notice to Proceed.

The work to be performed under this Contract consists generally of cold planing (grinding) the existing asphalt concrete pavement to the depth of 3-inches, removal and disposal of grindings, preparation of the existing surface, application of tack coat, placement of hot mix asphalt (HMA) overlay, compaction, and all related appurtenant work necessary to complete the project.

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INCLUDE THIS PAGE WITH BID
Bidder Checklist
SUBMIT THIS BIDDER’S CHECKLIST WITH YOUR BID PROPOSAL. Bidders shall complete and submit all documents marked with an “X” in the “REQUIRED WITH BID SUBMITTAL” column for bids to be considered responsive.

REQUIRED WITH BID SUBMITTAL
[X] 1. BID PROPOSAL FORM
[X] 2. BID SCHEDULE
[X] 3. BID PROPOSAL SIGNATURE PAGE
[X] 4. SUBCONTRACTOR LISTING (In excess of 1/2 of 1%)
[X] 5. BID DEPOSIT (ELECTRONIC SCANNED COPY) attached to front of Proposal in the form of:
[ ] Certified Check [ ] Bidder’s Bond (submitted on form in this IFB) [ ] Cashier’s Check [ ] Irrevocable Letter of Credit
[ ] Certificate of Deposit
[X] 6. CERTIFICATION (Comptroller General’s List)
[X] 7. NONCOLLUSION AFFIDAVIT
[X] 8. PUBLIC CONTRACT CODE
[X] 9. EQUAL EMPLOYEMENT OPPORTUNITY CERTIFICATION
[X] 10. CALIFORNIA AIR RESOURCES BOARD (CARB) OFF-ROAD DIESEL FLEET

COMPLIANCE (DOORS CERTIFICATION)
[X] 11. DISCLOSURE OF CONFLICT-OF-INTEREST FORM
[X] 11. ADDENDA – Signature page of all Addenda issued

SUBMIT NO SOONER THAN ELECTRONIC BID SUBMITTAL DATE AND TIME, AND NO LATER THAN 4:00 P.M. ON THE 3RD BUSINESS DAY AFTER BID OPENING:
[X] LETTER FROM BIDDER THAT BIDDER WILL PERFORM NOT LESS THAN 30% OF THE TOTAL NET BID AMOUNT (ORIGINAL CONTRACT PRICE), excluding specialty items designated by the City on the bid proposal to be submitted via email to [email protected] no sooner than bid submittal date and time, and no later than three business days from the date of the bid opening. [X] COMPLETE BID AND ALL REQUIRED FORMS AS UPLOADED TO PLANETBIDS (HARD COPY ORIGINAL delivered to ATTN: Jennifer Stickman, City of Madera, 205 East 4th Street, Madera, Ca 93637)
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Bid Proposal Form
IFB 202627-05 Road Rehabilitation Various Locations
Bid proposal of ____________________________ (hereinafter called “BIDDER”), organized and existing under the laws of the State of _________________, doing business as (an individual), or (a partnership), or (a corporation), to the City of Madera (hereinafter called “CITY”):

In compliance with your advertisement for Bids, BIDDER hereby proposes to perform all work required for “IFB 202627-05 Road Rehabilitation Various Locations” in strict accordance with the CONTRACT DOCUMENTS, within the time set forth therein, and at the prices stated below.

By submission of this BID, each BIDDER certifies, and in the case of a joint BID, each party thereto certifies as to his own organization, that this BID has been arrived at independently, without consultation, communication, or agreement as to any matter relating to this BID with any other BIDDER or with any competitor.

BIDDER hereby agrees to commence work under this Contract on or before a date to be specified in the NOTICE TO PROCEED and to fully complete each general assignment within the PROJECT in forty-five (45) Calendar Days.

BIDDER further agrees to pay as liquidated damages, the sum of Two-Thousand Five Hundred Dollars ($2,500) for each consecutive calendar day thereafter, as provided in Section 1-17 of the General Conditions.

BIDDER acknowledges receipt of the following ADDENDA:

No. ______, dated ____________________, 2026
No. ______, dated ____________________, 2026
No. ______, dated ____________________, 2026
The undersigned, as BIDDER, declares that the only persons, or parties interested in this bid proposal as principals are those named herein; that this bid proposal is made without collusion with any other person, firm or corporation; that the BIDDER has carefully examined the location of the proposed work, the annexed proposed form of contract, and the plan therein referred to; and he proposes and agrees if this bid proposal is accepted, that the BIDDER will contract with the CITY to provide all necessary machinery, tools, apparatus and other means of construction, and to do all the work and furnish all the materials specified in the contract in the manner and time therein prescribed and according to the requirements of the CITY as therein set forth, and that he will take in full payment therefor the following prices, to wit:

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Bid Schedule A, Base Bid
The following Bid Schedules list the items necessary to complete the work. Each item is all inclusive and must include the total cost of mobilization, labor, and materials necessary to complete the work. In the event of a discrepancy between unit prices and extended totals, the unit price shall prevail.

The CITY reserves the right to reject any bid deemed mathematically or materially unbalanced. A bid may be considered unbalanced if unit prices are significantly disproportionate to the work to be performed or if nominal prices are submitted for some items and disproportionately high prices for others.

BID SCHEDULE A, BASE BID

LOCATION
NO.

ITEM DESCRIPTION UNIT OF

MEASURE
APPROX
QTY
UNIT
PRICE

EXTENDED
AMOUNT
1 West Cleveland Avenue, from Country Club
Drive to east of 1103 Country Club Drive
(adjacent to Burger King), Grind and
Overlay
SF 31,000
2 West Cleveland Avenue and North Schnoor
Avenue Intersection, Grind and Overlay
SF 10,000
3 Howard Road and Granada Drive
Intersection, Grind and Overlay
SF 6,750
4 Pine Street and Howard Road Intersection,
Grind and Overlay
SF 4,700
5 South Pine Street from Oak Street to South
of Howard Road, Lane Rehabilitation
(northbound lane), Full Depth Reclamation
SF 11,875
6 North Granada Drive northbound lane,
from Foxglove Way to adjacent to 2026
North Granada Drive (VFW), Grind and
Overlay
SF 14,000
7 West 2nd Street, from North G Street to
North H Street, Grind and Overlay
SF 12,000
8 Schnoor Avenue, from south of Venturi
Avenue (adjacent to 611 Schnoor Avenue)
to north of Sunset Avenue, Grind and
Overlay
SF 2,400
9 Avenue 17, adjacent to traffic signal at 3174
Avenue 17, to north of State Route 99
northbound on-ramp, east- and westbound
lanes, Full Depth Reclamation, 3-inch Depth
SF 27,650
10 North Gateway Drive, from Cleveland
Avenue to south of 1120 North Gateway
Drive, Grind and Overlay
SF 10,000
11 Cleveland Avenue, from North Gateway
Drive to east of the State Route 99 offramp, eastbound lanes, Grind and Overlay SF 5,000
TOTAL BID SCHEDULE A, BASE BID, LOCATIONS 1 THROUGH 11, INCLUSIVE:
$______________________________________________________________ IFB 202627-05 Road Rehabilitation Various Locations

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Total Amount of BID SCHEDULE A, BASE BID, LOCATIONS 1 THROUGH 11 (in words) is ___________________ Dollars and ____________ Cents.

In case of discrepancy between words and figures, the words shall prevail.

Bid Schedule B, Add Alternate 1
BID SCHEDULE B, ADD ALTERNATE 1

LOCATION
NO.

ITEM DESCRIPTION UNIT OF

MEASURE
APPROX
QTY
UNIT
PRICE

EXTENDED
AMOUNT
B-1
H Street, from North of W. 4th Street to
south of Railroad Crossing, Grind and
Overlay
SF 11,550
B-2
H Street, from north of Railroad Crossing
to northbound State Route 99 onramp,
Grind and Overlay
SF 21,150
TOTAL BID SCHEDULE B, ADD ALTERNATE 1, LOCATIONS B-1 THROUGH B-2 INCLUSIVE:
$___________________________
Total Amount of BID B, ADD ALTERNATE 1, LOCATIONS B-1 THROUGH B-2 (in words) is:
________________________________________ Dollars and ____________________________ Cents.

In case of discrepancy between words and figures, the words shall prevail.

Bid Schedule C, Add Alternate 2
BID SCHEDULE C, ADD ALTERNATE 2

LOCATION
NO.

ITEM DESCRIPTION UNIT OF

MEASURE
APPROX
QTY
UNIT
PRICE

EXTENDED
AMOUNT
C-1 Tulare Street from East Cleveland
Avenue to Mission Street, Grind and
Overlay
SF 19,600
TOTAL BID SCHEDULE C, ADD ALTERNATE 2, LOCATION C-1 INCLUSIVE:
$___________________________
Total Amount of BID C, ADD ALTERNATE 2, LOCATIONS C-1 (in words) is:
________________________________________ Dollars and ____________________________ Cents.

In case of discrepancy between words and figures, the words shall prevail.

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NOTE: FOR BID TO BE CONSIDERED VALID, ALL OPTIONS (1 THROUGH 4) MUST BE INCLUDED IN YOUR BID.

OPTION 1:

GRAND TOTAL OF BID SCHEDULE A INCLUSIVE $__________________________________ GRAND TOTAL Amount of BID SCHEDULE A (in words) is:
_________________________________________ Dollars and ____________________________ Cents. *************
OPTION 2:

GRAND TOTAL OF BID SCHEDULE A PLUS ADD ALTERNATE 1 INCLUSIVE $__________________________________
GRAND TOTAL of BID SCHEDULE A PLUS ADD ALTERNATE 1 (in words) is:
_________________________________________ Dollars and ____________________________ Cents. *************
OPTION 3:

GRAND TOTAL OF BID SCHEDULE A PLUS ADD ALTERNATE 2 INCLUSIVE $__________________________________
GRAND TOTAL of BID SCHEDULE A THROUGH PLUS ADD ALTERNATE 2 (in words) is:
_________________________________________ Dollars and ____________________________ Cents. *************
OPTION 4:

GRAND TOTAL OF BID SCHEDULE A PLUS ADD ALTERNATE 1 AND ADD ALTERNATE 2 INCLUSIVE $__________________________________
GRAND TOTAL of BID SCHEDULE A PLUS ADD ALTERNATE 1 AND ADD ALTERNATE 2 (in words) is:
_________________________________________ Dollars and ____________________________ Cents. *************
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Bid Proposal Signature Page
If this bid proposal shall be accepted and the undersigned shall fail to contract, as aforesaid, and to give the bonds in the sums to be determined as aforesaid, with surety satisfactory to the Awarding Authority, with seven (7) days after the award of the contract, the Awarding Authorities, at its option, may determine that the BIDDER has abandoned the contract, and thereupon this bid proposal and the acceptance thereof shall be null and void, and the forfeiture of such security accompanying this bid proposal shall operate and the same shall be the property of the CITY.

DATE

COMPANY NAME

STREET ADDRESS

CITY/STATE/ZIP

PHONE NUMBER
EMAIL

PERSON PREPARING BID
TITLE

SIGNATURE
CITY OF MADERA BUS. LIC. NO.

CA CONTRACTOR’S LIC. NO. & CLASS
DIR REGISTRATION NO. & WORK CLASSIFICATION
Attest
(Seal if bid is by a corporation)
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Subcontractor Listing
The following named subcontractors(s) will perform with labor, or otherwise render services to the general contractor in or about the construction of the work or improvement in an amount in excess of one-half of one percent of the total BID presented herewith or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of one percent of the prime Contractor’s total BID. Use subcontractor’s business name style as registered with the License Board.

Name, location, and description of work as required by Section 4104 of the California Public Contract code.

Subcontractor:

Business Address:

CSLB No. & Classification:

DIR No. & Classification:

Item No. or Description of Work:

Dollar Amount or Percentage of Total Bid:

Subcontractor:

Business Address:

CSLB No. & Classification:

DIR No. & Classification:

Item No. or Description of Work:

Dollar Amount or Percentage of Total Bid:

Subcontractor:

Business Address:

CSLB No. & Classification:

DIR No. & Classification:

Item No. or Description of Work:

Dollar Amount or Percentage of Total Bid:

Subcontractor:

Business Address:

CSLB No. & Classification:

DIR No. & Classification:

Item No. or Description of Work:

Dollar Amount or Percentage of Total Bid:

Subcontractor:

Business Address:

CSLB No. & Classification:

DIR No. & Classification:

Item No. or Description of Work:

Dollar Amount or Percentage of Total Bid:

Duplicate this form as necessary.

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Certification
The Bidder certifies under penalty of perjury under the laws of the State of California that his/her business or the corporation is not listed on the Comptroller General's list of ineligible bidders/contractors.

The above Certification is part of the Bid Proposal. Signing this Bid Proposal on the signature page thereof shall also constitute signature of this Certification.

Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

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Noncollusion Affidavit
(Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY of MADERA
In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Name of Bidder
Signature
Name
Title
Dated
Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

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Public Contract Code
Public Contract Code Section 10285.1 Statement
In accordance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985) the Bidder hereby declares under penalty of perjury under the laws of the State of California that the Bidder has _____, has not _____ been convicted within the preceding three years of any offences referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any State or Federal antitrust law in connection with the bidding upon award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term “Bidder” is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1.

Note. The Bidder must place a check mark after “has” or “has not” in one of the blank spaces provided above. The above Statement is part of the bid proposal.

Public Contract Code Section 10162 Questionnaire
In accordance with the Public Contract Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire: Has the Bidder, any officer, or any employee of the Bidder who has a proprietary interest in the Bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation.

Yes _____ No _____
If the answer is Yes, explain the circumstances in the following space.

Public Contract Code 10232 Statement
In accordance with Public Contract Section 10232, the Bidder, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court has been issued against the Bidder within the immediately preceding two (2) year period because of the Bidder’s failure to comply with an order of a federal court which orders the Contractor to comply with an order of National Labor Relations Board.

Note: The above Statement and Questionnaire are part of the bid proposal. Signing this bid proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false Certification may subject the certifier to criminal prosecution.

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Equal Employment Opportunity Certification
The bidder ____________________________________________________________ , proposed subcontractor____________________________________________, hereby certifies that he has , has not , participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President’s Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.

Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)) and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts, which are subject to the equal opportunity clause.

Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations.

Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor.

The above Certification is part of the Bid Proposal. Signing this Bid Proposal on the signature page thereof shall also constitute signature of this Certification.

Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

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California Air Resources Board (CARB) Off-Road Diesel Fleet Compliance (DOORS Certification) All contractors and subcontractors utilizing off-road diesel-fueled vehicles with 25 horsepower or greater, or most two-engine vehicles, on this public works project in California shall be in full compliance with the California Air Resources Board (CARB) In-Use Off-Road Diesel-Fueled Fleets Regulation (California Code of Regulations, Title 13, Section 2449 et seq.).

Effective January 1, 2024, prime contractors and public works awarding bodies are required to obtain and retain a fleet's valid Certificate of Reported Compliance from CARB's Diesel Off-Road Online Reporting System (DOORS) prior to awarding or entering into a contract for work on public works projects involving the use of such vehicles.

Bidders shall provide a copy of their firm's (and any proposed subcontractors') current and valid CARB "Certificate of Reported Compliance" for their off-road diesel fleet(s) with their bid proposal.

The City reserves the right to verify the authenticity and validity of all submitted Certificates of Reported Compliance through the CARB DOORS system at http://www.arb.ca.gov/doors/compliance_cert1.html or by contacting the CARB DOORS Hotline.

The awarded Contractor shall maintain continuous compliance with all CARB Off-Road Diesel-Fueled Fleets Regulations throughout the duration of the contract and shall provide updated Certificates of Reported Compliance to the City throughout the project annually, or upon request, to demonstrate continued compliance.

Failure to provide a valid Certificate of Reported Compliance, or to maintain ongoing compliance, may result in the rejection of the bid, termination of the contract, and/or other penalties as permitted by law.

Exemptions:

If a bidder believes their fleet or operations are exempt from these requirements under CARB regulations (e.g., emergency operations as defined in Title 13 California Code of Regulations Section 2449(c)(18)), they must provide detailed documentation and justification for such exemption with their bid proposal for review and approval by the City.

The Bidder must place a check mark after “Yes”, “No”, or “N/A” in one of the boxes provided below.

DOORS certification included with bid:  Yes  Exempt
 N/A (no applicable vehicles will be used for this
project.

If the answer is Exempt, explain the circumstances in the following space.

IFB 202627-05 Road Rehabilitation Various Locations

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INCLUDE THIS PAGE WITH BID
Disclosure of Conflict of Interest
YES* NO
1 Are you currently in litigation with the City of Madera or any of its agents?
2 Do you represent any firm, organization or person who is in litigation with the City of Madera?
3 Do you currently represent or perform work for any clients who do business with the City of Madera?
4 Are you or any of your principals, managers or professionals, owners or investors in a business which does business with the City of Madera, or in a business which is in litigation with the City of Madera? 5 Are you or any of your principals, managers, or professionals, related by blood or marriage to any City of Madera employee who has any significant role in the subject matter of this service? 6 Do you or any of your subcontractors have, or expect to have, any interest, direct or indirect, in any other contract in connection with this Project?
* If the answer to any question is yes, please explain in full below.

Explanation:

Signature

(name)

(address)

(city state zip)
□ Additional page(s) attached.

IFB 202627-05 Road Rehabilitation Various Locations

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INCLUDE THIS PAGE WITH BID
Bid Bond
KNOWN ALL MEN BY THESE PRESENT, that we, the undersigned, ___________________________________ as Principal, and ___________________________ as Surety, are hereby held and firmly bound unto _____________________________ as Owner in the penal sum of ____________________________ for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns.

Signed, this _____ day of ____________________, 2026. The condition of the above obligation is such that whereas the Principal has submitted to _____________________________ a certain bid, attached hereto and hereby made a part hereof to enter into a contract in writing, for the “IFB 202627-05 Road Rehabilitation Various Locations”

NOW, THEREFORE,
(a) If said Bid shall be rejected, or in the alternate, (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract attached hereto (properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid.

Then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated.

The Surety, for value received, hereby stipulates, and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such Bid; and said Surety does hereby waive notice of any such extension.

Page 21 of 32 ends

Payment Bond
KNOW ALL MEN BY THESE PRESENTS: that
____________________________________________________________ (Name of Contractor)
____________________________________________________________ (Address of Contractor)
a ____________________________, hereinafter called Principal, and (Corporation, Partnership or Individual)
____________________________________________________________ (Name of Surety)
____________________________________________________________ (Address of Surety)
hereinafter call Surety, are held and firmly bound unto ____________________________________________________________ (Name of Owner)
____________________________________________________________ (Address of Owner)
hereinafter called Owner, in the penal sum of __
______________ Dollars, ($____________) in lawful money of the United States, for the payment of which sum well and truly made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents, and also by the provisions of Part 2, Title 14, Chapter 2 of the California Code of Civil Procedure (Section 995.010, et seq.) and of Section 3247, et seq. of the California Civil Code.

THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the Owner, dated the __________ day of __________, 2026, a copy of which is hereto attached and made a part hereof for the construction of:
“IFB 202627-05 Road Rehabilitation Various Locations”
NOW, THEREFORE, if the Principal shall willingly, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said Contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such Contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be null and void: otherwise it shall remain in full force and effect.

PROVIDED FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, IFB 202627-05 Road Rehabilitation Various Locations

Page 22 of 32 ends

extension of time, alteration, or addition to the terms of the contract or to work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the contract or to the work or to the specifications.

PROVIDED FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

IN WITNESS WHEREOF, this instrument is executed in ________ counterparts, each one of which shall be deemed an original, this the __________ day of ______________, 2026.

IFB 202627-05 Road Rehabilitation Various Locations

Page 23 of 32 ends

THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the Owner, dated the __________ day of __________, 2026, a copy of which is hereto attached and made a part hereof for the construction of:
“IFB 202627-05 Road Rehabilitation Various Locations”
NOW, THEREFORE, if the Principal shall willingly, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said Contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such Contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be null and void: otherwise it shall remain in full force and effect.

Page 24 of 32 ends

and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the contract or to the work or to the specifications.

PROVIDED FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

IN WITNESS WHEREOF, this instrument is executed in ________ (number)
counterparts, each one of which shall be deemed an original, this the __________ day of ______________, 2026.

IFB 202627-05 Road Rehabilitation Various Locations

Page 25 of 32 ends

Standard Specifications and Plans
The City of Madera’s Standard Specifications are hereby referred to and incorporated herein as though set forth in full. The Standard Specifications and Standard Drawings are available online at https://www.madera.gov/business-building-development/engineering/standard-drawingsspecifications/. These online specifications and drawings are the most current, approved issue.

General and Special Conditions
General and Special conditions are hereby referred to and incorporated herein as though set forth in full.

Information for Bidders

The City, as well as recipients, subrecipients, and contractors, will not discriminate in the delivery of services or benefits based on the above identified bases.

3. The City reserves the right to reject or accept any or all bid proposals or parts thereof, and to accept or reject the alternatives individually or jointly, for any reason.

Page 26 of 32 ends

bidder or disadvantage to the City during contract performance.

5. The City reserves the right to consider any minor deviations from the specifications and determine the acceptance or rejection of such deviation.

Any questions related to this IFB shall be submitted through the City’s PlanetBids vendor portal no later than 5:00pm on August 25, 2026.

No verbal requests or requests made in any other format will be accepted.

7. Bids must be submitted via the City’s PlanetBids vendor portal by the bid due date and time.

Submittals received after the bid due date and time will be considered nonresponsive and will not be accepted.

IFB 202627-05 Road Rehabilitation Various Locations

Page 27 of 32 ends

12. Issuance of the IFB and receipt of bid proposals does not commit the City to award an agreement.

13. The successful Bidder shall enter into a formal agreement with City which will be very similar in content to the Attachment B, Sample Construction Agreement which is provided for information purposes only and to help clarify City intent relevant to this IFB as well as general contract requirements of the City.

15. Prior to beginning any work or delivering any equipment or material to be furnished under this bid proposal, the Bidder shall secure the appropriate Business License from the City of Madera.

Business license information may be obtained by calling (559) 661-5408.

Any Federal or State of California License/Certification required to provide the services will be required.

A Class A, General Engineering Contractor License will be required. Insurance documentation in accordance with the Insurance Requirements for Contractors will also be required.

Page 28 of 32 ends

effort to inform local businesses of the opportunity.

18. All applicable laws, ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the Contract throughout.

19. Contractor must submit proof of insurance and endorsement that meet the Insurance Requirements for Contractors detailed below prior to contract award by City Council.

IFB 202627-05 Road Rehabilitation Various Locations

Page 29 of 32 ends

Self-insurance will not be considered to comply with these specifications unless approved by the City’s Risk Manager.

Timely Notice of Claims
Contractor shall give the City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

IFB 202627-05 Road Rehabilitation Various Locations

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IFB 202627-05 Road Rehabilitation Various Locations

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Attachments
The following attachments are to be incorporated and included as part of the CONTRACT DOCUMENTS for IFB 202627-05 Road Rehabilitation Various Locations:
 Attachment A, Vicinity Maps, 12 pages
 Attachment B, Sample Construction Agreement, 18 pages IFB 202627-05 Road Rehabilitation Various Locations

Page 32 of 32 ends

Attachment A, Page 1 of 12
Attachment A, Page 2 of 12
Attachment A, Page 3 of 12
Attachment A, Page 4 of 12
Attachment A, Page 5 of 12
Attachment A, Page 6 of 12
Attachment A, Page 7 of 12
Attachment A, Page 8 of 12
Attachment A, Page 9 of 12
Attachment A, Page 10 of 12
Attachment A, Page 11 of 12
Attachment A, Page 12 of 12

ATTACHMENT B, SAMPLE CONSTRUCTION AGREEMENT
IFB 202627-05
Road Rehabilitation Various Locations
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 202627-05 Road Rehabilitation Various Locations.”

3. Commencement of Work and Bonds. The CONTRACTOR shall commence the WORK required by the CONTRACT DOCUMENTS within fifteen (15) calendar days after the date of the NOTICE TO PROCEED, as agreed upon by OWNER and CONTRACTOR during the preconstruction meeting and will complete the same within forty-five (45) calendar days. The CONTRACTOR shall submit Payment Bond and Performance Bond in the amount of $_____________, 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.

4. Contract Amount. OWNER agrees to pay, and CONTRACTOR agrees to accept, the sum of ________________ Dollars ($_____________) (“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 will be paid based on actual quantities of work performed and accepted. CONTRACTOR

A. CONTRACTOR Bid Proposal as Submitted on __________
B. Insurance Requirements for Contractors as specified in IFB 202627-05 C. Addendum No. 1 dated ______
D. Addendum No. 2 dated ______
E. IFB 202526-30 Road Rehabilitation Various Locations
IFB 202627-05 Road Rehabilitation Various Locations
Attachment B, Sample Construction Agreement, Page 1 of 18

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 TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500) per day for each and every calendar day delay in finishing the WORK beyond the completion date so specified.

7. Payment to Contractor. As consideration for performance of the Work required herein, OWNER agrees to pay CONTRACTOR on a time and materials basis as set forth herein, a not-to-exceed amount of $ ____________ (“Total Contract Price”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the OWNER.
(a) Periodic payments shall be made by the OWNER to CONTRACTOR within thirty (30) days of OWNER’S receipt of an application for payment from CONTRACTOR for services rendered. Payments to CONTRACTOR for work performed will be made on a monthly billing basis. The application shall include all information required by the OWNER and shall be in a format approved by the OWNER. This application shall be supported by evidence which is required by this Contract and such other documentation as the OWNER may require. The CONTRACTOR shall certify that the Work for which payment is requested has been done and that any materials listed are stored where indicated. OWNER shall review and pay the payment request in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code.
(b) Labor and Material Releases. CONTRACTOR shall furnish OWNER with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by OWNER.

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.

IFB 202627-05 Road Rehabilitation Various Locations
Attachment B, Sample Construction Agreement, Page 2 of 18 8A. Claims Resolution Process For Disputes.

The following provisions are intended by Contractor and Owner to comply with Public Contract Code Sections 9204 and 20104 et. seq.
(a) Claims:

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.

IFB 202627-05 Road Rehabilitation Various Locations
Attachment B, Sample Construction Agreement, Page 3 of 18 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:

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, IFB 202627-05 Road Rehabilitation Various Locations
Attachment B, Sample Construction Agreement, Page 4 of 18 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.

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:

IFB 202627-05 Road Rehabilitation Various Locations
Attachment B, Sample Construction Agreement, Page 5 of 18 (i) Subcontractor Claims:

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”.

IFB 202627-05 Road Rehabilitation Various Locations
Attachment B, Sample Construction Agreement, Page 6 of 18

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 IFB 202627-05 Road Rehabilitation Various Locations
Attachment B, Sample Construction Agreement, Page 7 of 18 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.

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 oneIFB 202627-05 Road Rehabilitation Various Locations Attachment B, Sample Construction Agreement, Page 8 of 18 thirtieth of its journeymen annually through apprenticeship training, either (1) on a statewide basis, or (2) on a local basis, or
(d) 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.

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.

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 IFB 202627-05 Road Rehabilitation Various Locations
Attachment B, Sample Construction Agreement, Page 9 of 18 shall deduct such charges from payments due the CONTRACTOR.

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.

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 IFB 202627-05 Road Rehabilitation Various Locations
Attachment B, Sample Construction Agreement, Page 10 of 18 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.

19. Contractor must comply with the insurance requirements as described in Exhibit B, Insurance Requirements for Contractors as specified in RFP

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.

IFB 202627-05 Road Rehabilitation Various Locations
Attachment B, Sample Construction Agreement, Page 11 of 18 (b) Notices: Notices and other written communications regarding default between the CONTRACTOR, the OWNER, and the SURETY shall be transmitted as follows:
i. 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
ii. 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.
iii. 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.
(c) 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. (d) 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;
(e) The provisions of this subsection shall be in addition to all other legal rights and remedies available to the Owner.
(f) 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 IFB 202627-05 Road Rehabilitation Various Locations
Attachment B, Sample Construction Agreement, Page 12 of 18 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.
(g) 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 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.
(h) 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.
(i) 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.

i. 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 IFB 202627-05 Road Rehabilitation Various Locations
Attachment B, Sample Construction Agreement, Page 13 of 18 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.
ii. Cessation of Work:

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 NAME AND ADDRESS OF CONTRACTOR]
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.

IFB 202627-05 Road Rehabilitation Various Locations
Attachment B, Sample Construction Agreement, Page 14 of 18

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 IFB 202627-05 Road Rehabilitation Various Locations
Attachment B, Sample Construction Agreement, Page 15 of 18 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.

31. Assignment. Neither the CONTRACTOR nor City will assign its interest in this Agreement without the written consent of the other.

32. Binding Agreement. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns.

IFB 202627-05 Road Rehabilitation Various Locations
Attachment B, Sample Construction Agreement, Page 16 of 18 IN WITNESS WHEREOF the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in THREE copies, each of which shall be deemed an original on the date first above written.

CITY OF MADERA (OWNER)
By: _________________________________
Cecelia K. Gallegos, Mayor
APPROVE AS TO FORM:

By: __________________________________
Shannon L. Chaffin, City Attorney
ATTEST:

By: __________________________________
Alicia Gonzales, City Clerk

NOTE: This Notary Acknowledgment on the following page is required for verification of Contractor’s signature.

IFB 202627-05 Road Rehabilitation Various Locations
Attachment B, Sample Construction Agreement, Page 17 of 18 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.

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 202627-05 Road Rehabilitation Various Locations
Attachment B, Sample Construction Agreement, Page 18 of 18 Attachment 2 -
Location Maps

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: September 16, 2026
_________________________________ Agenda Number:

Keith Helmuth, City Engineer
Arnoldo Rodriguez, City Manager
SUBJECT:

Madera 2026 Road Rehab Bid Package 1, City Project R-80, 98, 104, 108, & 109 RECOMMENDATION:

Adopt a Resolution:

1. Approving the contract award for Madera 2026 Road Rehab Bid Package 1, City Project R80, 98, 104, 108, & 109 to Consolidated Engineering Inc.

2. Determining the project is Categorically Exempt pursuant to Section 15301, Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA) SUMMARY:

On September 8, 2026, the City of Madera (City) received nine (9) bids for the Madera 2026 Road Rehab Bid Package 1, City Project R-80, 98, 104, 108, & 109 (Project). The Project is funded with Senate Bill (SB) 1 - Road Maintenance and Rehabilitation Account (RMRA) Funds. Consolidated Engineering Inc submitted the lowest, responsive, and responsible bid.

DISCUSSION:

Provost & Prichard Consulting Group (P&P) was awarded a task order in July, 2026 through the on-call engineering services contract to conduct a thorough street assessment of streets identified on a list that the City provided and to provide engineering services necessary to produce contract documents for bidding the project(s). The list of streets was generated from the City’s Pavement Management System (PMS). The scope of engineering services allowed for two bid packages. Bid Package 1 was created specifically for streets requiring minor preventive surface treatments. P&P is working on Bid Package 2 which will contain the remainder of the streets from the list they were given and will include more major rehabilitation work. Bid Package 2 is anticipated to be advertised for bids for construction in Spring 2027. for
D-4

RETURN TO AGENDA
The general scope of work for Bid Package 1 consists of mobilization and demobilization, temporary traffic control, removing existing pavement markers, removing existing thermoplastic striping and legends by grinding, installing temporary striping and markers, the cleaning and sealing of noted cracks in bituminous concrete pavement, slurry seal, removing and reconstructing segments of existing pavement section, installing thermoplastic and paint striping, marking, and markers, street sweeping, traffic control, and other associated work.

On August 12, 2026, the City released the Project for public bidding on the PlanetBids web portal and regional builder exchanges. An Advertisement for Bids was duly published in the Madera Tribune on August 12 and August 19 of 2026.

On September 8, 2026, nine (9) bids were received. The bids were checked for accuracy against bidding requirements, validity of licenses, and bid security. The bids received are summarized in Table 1.

Table 1: Bid Summary
Bidder Bid
Consolidated Engineering $1,213,906.85
Mission Constructors, Inc (Rejected) $1,225,466.85
VSS International, Inc $1,295,120.00
Avison Construction, Inc $1,315,301.00
United Pavement Maintenance $1,545,276.90
Cal Valley Construction $1,579,700.00
Dawson-Mauldin, LLC $1,661,936.00
Martin Brothers Construction $1,690,727.00
Granite Construction Company $1,977,191.21
Engineer’s Opinion of Cost $1,696,290
The second lowest bid, Mission Constructors, Inc, was found to be non-responsive due to failure to include three items that were required to be submitted with the Bid.

Consolidated Engineering Inc submitted the lowest responsive, and responsible bid that meets the contract requirements. Staff recommends award of the project to Consolidated Engineering Inc in the amount of $1,213,906.85. Staff further recommends inclusion of a provision for 20 percent of the contract amount for allowable project contingencies as approved by the City Engineer. While it is standard practice to include a 10 percent contingency, staff recommends an increase in contingency due to unforeseen situations with road rehabilitation work. There is a potential for additional base repairs or deep digouts that often cannot be fully quantified prior to construction. Additionally, roadway conditions may have worsened since the original evaluation that determined the recommended treatment requiring modifications to the proposed treatments or repairs.

ENVIRONMENTAL REVIEW:

Staff has performed a preliminary environmental assessment of this project and has determined that this project would be categorically exempt pursuant to CEQA Guidelines section 15301, Class 1 (Existing Facilities), as the project would consist of the maintenance and minor alterations to reseal and maintain existing parking lots at existing City facilities involving negligible or no expansion of use. Further, none of the exceptions under CEQA Guidelines section 15300.2 are applicable.

FINANCIAL IMPACT:

The Project is programmed in the Capital Improvement Program (CIP) Fiscal Year 2026/27 budget with the funding noted in Table 2. Any remaining funds in the project budget will be released back to the RMRA Fund. Should contingency funds not be required, they too would be returned to the RMRA Fund.

Table 2: Project Budget
Line Item Amount
Consolidated Engineering Contract $1,213,906.85
Construction Management, Inspection and Testing $95,000 Project Contingency (20 percent) $242,781.37
Total Project Budget $1,551,688.22
Funding Source
RMRA Fund $1,551,688.22
ALTERNATIVES:

The alternative to awarding the project is to reject all bids. Rebidding the project could result in higher bids and would delay project until Spring of 2027.

ATTACHMENTS:

1. Location Map

2. Resolution - Contract Award
a. Exhibit A – Contract Agreement
Attachment 1
Location Map
Legend
Madera 2026
Road Rehab Bid
Package 1
City Limits

LOCATION MAP
Attachment 2
Resolution
RESOLUTION NO.26-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA APPROVING THE CONTRACT AWARD FOR MADERA 2026 ROAD REHAB BID PACKAGE 1, CITY PROJECT R-80, 98, 104, 108, & 109, IN THE AMOUNT OF $1,213,906.85 TO CONSOLIDATED ENGINEERING INC

AND AUTHORIZING CONSTRUCTION CONTINGENCIES RELATING TO THE

CONTRACT
WHEREAS, on August 12, 2026, the Engineering Department advertised a solicitation for construction bids for Madera 2026 Road Rehab Bid Package 1, City Project R-80, 98, 104, 108, & 109 hereinafter referred to as “the Project”; and
WHEREAS, 9 bids were received on September 8, 2026; and opened by the City Engineer; and
WHEREAS, Consolidated Engineering submitted the lowest bid and was deemed a responsive and responsible bidder; and
WHEREAS, funding for the Project is programmed in the Capital Improvement Projects Budget for Fiscal Year 2026/27 under Capital Improvement Program (CIP) Project R-80, 98, 104, 108, and 109.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MADERA HEREBY finds, orders and resolves as follows:

1. The above recitals are true and correct.

2. The City Council (Council) has reviewed and considered all the information presented including the report to Council from the Engineering Department.

3. Council finds and determines that a Class 1 Categorical Exemption (Existing Facilities) set forth in the California Environmental Quality Act (CEQA) Guidelines, Section 15301, applies to this project, as the project would consist of the maintenance and repair of existing streets. Further, none of the exceptions under CEQA Guidelines Section 15300.2 are applicable.

4. The City finds that Consolidated Engineering is the lowest responsible and responsive bidder.

5. The contract for the Project in the amount of $1,213,906.85 to Consolidated Engineering, a copy of which is attached hereto as Exhibit A and referred to for particulars, is approved.

6. Council authorizes Construction Contingencies of up to 20 percent as approved by the City Engineer.

7. This Resolution is effective immediately upon adoption. *******
Exhibit A
Contract Agreement

AGREEMENT
THIS AGREEMENT, made this 16 day of September 2026, between the City of Madera, hereinafter called “OWNER”, and Consolidated Engineering , doing business as (an individual), or (a partnership), or (a corporation), hereinafter called “CONTRACTOR”.

WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned:

1. The CONTRACTOR shall commence and complete all WORK required for the MADERA 2026 ROAD REHAB BID PACKAGE 1

2. 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 herein.

3. The CONTRACTOR shall commence the WORK required by the CONTRACT DOCUMENTS within 10 calendar days after the date of the NOTICE TO PROCEED and will complete the same within the time period set forth in the CONTRACT DOCUMENTS. The CONTRACTOR shall submit a Payment Bond and Performance Bond in the amount of $ 1,213,906.85 , each and Insurance Certificates as specified in the CONTRACT DOCUMENTS prior to commencing any WORK.

4. The CONTRACTOR agrees to perform all of the WORK described in the DOCUMENTS for the unit and lump sum prices set forth in the Bid Schedule.

5. The term “CONTRACT DOCUMENTS” means and includes the following:
(A) Advertisement for Bids
(B) Information for Bidders
(C) Bid Proposal
(D) Bid Bond
(E) Agreement
(F) Payment Bond
(G) Performance Bond
(H) Insurance Requirements for Contractors
(I) Construction Plans and Specifications prepared or issued by the City of Madera entitled “Madera 2026 Road Rehab Bid Package 1” dated August, 2026 Addendum No. 1 , dated August 31, 2026

7. 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. In no event shall total compensation exceed $1,213,906.85 except as may otherwise be authorized in writing per Section

16. 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. 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.

The following provisions are intended by Contractor and Owner to comply with Public Contract Code Sections 9204 and 20104 et. seq.

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:

1. A time extension, including, without limitation, for relief from damages or penalties for delay assessed by Owner under this Contract.

2. 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.

3. Payment of an amount that is disputed by the Owner.

B. The Claim Must Be Timely and in Writing:

C. Receipt of Claim by Owner:

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:

E. Payment of Claim:

F. Meet and Confer:

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.

Any mediation utilized shall conform to the timeframes in this section.

G. Filing a Government Code Written Claim Notice:

3.6 of Title 1 of the Government Code Section 900.

H. Owner’s Failure to Respond to Claim:

I. Reserved.

J. Subcontractor Claims:

K. Filing of Action on Unresolved Claims:

9. 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. 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.

11. The CONTRACTOR shall comply with Part 7, Chapter l, Article 2, Section 1775 of the Labor Code of the State of California. The CONTRACTOR shall, as a penalty to the OWNER, forfeit fifty dollars ($50.00) for each calendar day, or portion thereof, for each workman paid less than the prevailing rates for such work or craft in which such workman is employed for any public work done under the Contract by him or by any SUBCONTRACTOR under him. The difference between such prevailing wage rates and the amount paid to each workman for each calendar day or portion thereof for which each workman was paid less than a prevailing wage rate, shall be paid to each workman by the CONTRACTOR.

12. The CONTRACTOR shall comply with Part 7, Chapter l, Article 2, Section 1776 of the Labor Code of the State of California. 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. Should non-compliance still be evident after the ten (10) day period, the CONTRACTOR shall, as a penalty to the OWNER forfeit twenty-five dollars ($25.00) for each calendar 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.

13. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the CONTRACTOR or any SUBCONTRACTOR under him. It is the CONTRACTOR’S responsibility to ensure compliance by both itself 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 one-thirtieth of its journeymen annually through apprenticeship training, either (1) on a statewide basis, or (2) on a local basis, or
(d) 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.

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.

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.

14. 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 workman is required or permitted to work, except in cases of extraordinary emergency caused by fires, flood, or danger to life and property. The CONTRACTOR doing the work, or his duly authorized agent, shall file with OWNER a report, verified by his oath, setting forth the nature of the said emergency, which report shall contain the name of said worker and the hours worked by him on the said day, and the CONTRACTOR and each SUBCONTRACTOR shall also keep an accurate record showing the names and actual hours worked of all workers employed by him in connection with the work contemplated by this Agreement, which record shall be open at all reasonable hours to the inspection of the OWNER, or its officer or agents and to the Chief of all Division of Labor Statistics and Law Enforcement of the Department of Industrial Relations, his deputies or agents; and it is hereby further agreed that said CONTRACTOR shall forfeit as a penalty to the OWNER the sum of Twenty-Five Dollars ($25.00) for each laborer, workman or any SUBCONTRACTOR under him for each calendar day during which such laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of this stipulation.

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.

15. 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.

16. 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 supplemental agreement or change order and approved and signed by the OWNER and the CONTRACTOR. It is specifically agreed that the OWNER 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 contract 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.

17. 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 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.

18. Contractor must comply with the insurance requirements as described in the section “INSURANCE REQUIREMENTS FOR CONTRACTOR”, pages 41-42 of the Contract Documents.

19. Amendments- Any changes to this Agreement requested by either City or Consolidated Engineering. 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.

20. Termination.

A. This Agreement may be terminated at any time by either party upon fifteen (15) calendar days written notice. In the event the Agreement is terminated by either party, Consolidated Engineering shall be compensated for services performed to the date of termination based upon the compensation rates and subject to the maximum amounts payable agreed to together with such additional services performed after termination which are authorized in writing by the City representative to wind up the work performed to date of termination.

B. City may immediately suspend or terminate this Agreement in whole or in part by written notice where, if in the determination of City, there is:

1. An illegal use of funds by Consolidated Engineering;

2. A failure by Consolidated Engineering to comply with any material term of this Agreement;

3. A substantially incorrect or incomplete report submitted by Consolidated Engineering to City.

In no event shall any payment by City or acceptance by Consolidated Engineering constitute a waiver by such party of any breach of this Agreement or any default which may then exist on the part of either party. Neither shall such payment impair or prejudice any remedy available to either party with respect to such breach or default. City shall have the right to demand of Consolidated Engineering the repayment to City of any funds disbursed to Consolidated Engineering under this Agreement which, as determined by the appropriate court or arbitrator, were not expended in accordance with the terms of this Agreement.

Notice of termination shall be mailed to the City:

City of Madera
Engineering Department
428 E. Yosemite Avenue
Madera, Ca 93638
To the Contractor Consolidated Engineering
Notices. All notices and communications from the Consolidated Engineering 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.

21. Compliance With Laws- City shall comply 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.

22. 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 Fresno.

23. 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.

24. 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.

25. Contractor’s Legal Authority - Each individual executing or attesting this Agreement on behalf of Consolidated Engineering 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 Consolidated Engineering is a duly organized and legally existing corporation in good standing in the State of California.

26. 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.

27. 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, City 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.

28.Sole Agreement- This instrument constitutes the sole and only Agreement between City and Consolidated Engineering in connection to the Project and correctly sets forth the obligations of the City and Consolidated Engineering 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.

27. Assignment-Neither the Consolidated Engineering nor City will assign its interest in this Agreement without the written consent of the other.
28 This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns.

City of Madera
Herein Called OWNER
By:

Cecelia K. Gallegos, Mayor
APPROVE AS TO FORM:

Shannon L. Chaffin, City Attorney
ATTEST:

Alicia Gonzales, City Clerk
BY: Consolidated Engineering
Herein Called CONTRACTOR
BY:

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.

California Notary acknowledgement required to be attached.

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: September 16, 2026
_________________________________ Agenda Number:

Keith Helmuth, City Engineer
Arnoldo Rodriguez, City Manager
SUBJECT:

FY 2024 Street Rehab and Reconstruction Project, City Project No. R-99 & 2021-22 SB-1 (RMRA) Seals and Overlays, City Project No. R-79
RECOMMENDATION:

Adopt a Resolution:

1. Approving the contract award for FY 2024 Street Rehab and Reconstruction Project, City Project No. R-99 & 2021-22 SB-1 (RMRA) Seals and Overlays, City Project No. R-79 to Avison Construction, Inc.

2. Determining the project is Categorically Exempt pursuant to Section 15301, Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA) SUMMARY:

On September 9, 2026, the City of Madera (City) received six (6) bids for the FY 2024 Street Rehab and Reconstruction Project, City Project No. R-99 & 2021-22 SB-1 (RMRA) Seals and Overlays, City Project No. R-79 (Project). The Project is funded with Road Maintenance Rehabilitation Account (RMRA) & Measure T Funds. Avison Construction, Inc. submitted the lowest responsive and responsible bid.

DISCUSSION:

The general scope of work consists of grinding deteriorated sections of asphalt concrete, paving with new asphalt concrete, crack sealing, application of microsurfacing type II and type III, adjustment of existing manhole/utility covers to final grade, reconstruct of ADA concrete curb ramps, replacement of loop detectors and replacing traffic pavement markings and striping. for
D-5

RETURN TO AGENDA
On August 12, 2026, the City released the Project for public bidding on the PlanetBids web portal and regional builder exchanges. An Advertisement for Bids was duly published in the Madera Tribune on August 12 and August 19 of 2026.

On September 9, 2026, six (6) bids were received. The bids were checked for accuracy against bidding requirements, validity of licenses, and bid security. The bids received are summarized in Table 1.

Table 1: Bid Summary
Bidder Bid
Avison Construction, Inc. $3,059,391.50
Agee Construction Corporation $3,196,459.00
United Pavement Maintenance, Inc. $3,845,907.24
Cal Valley Construction, Inc. $4,251,125.27
Katch Environmental Inc. $4,269,198.94
Mission Constructors, Inc. $4,365,559.10
Engineer’s Opinion of Cost $4,381,057.25
Avison Construction, Inc., submitted the lowest responsive and responsible bid that meets the contract requirements. Staff recommend award of the project to Avison Construction, Inc., in the amount of $3,059,391.50 and inclusion of a provision for 20 percent of contract amount for allowable project contingencies as approved by the City Engineer. While it is standard practice to include a 10 percent contingency, staff recommends an increase in contingency due to unforeseen situations with road rehabilitation work. There is a potential for additional base repairs or deep digouts that often cannot be fully quantified prior to construction. Additionally, roadway conditions may have worsened since the original evaluation that determined the recommended treatment requiring modifications to the proposed treatments or repairs.

ENVIRONMENTAL REVIEW:

This project has been previously assessed for environmental review under the requirements of the California Environmental Quality Act (CEQA) and has been found to be exempt from undergoing an environmental review process.

FINANCIAL IMPACT:

It is noted that Staff is recommending a 20 percent contingency. While it is standard practice to include a 10 percent contingency, staff recommend an increase in contingency due to unforeseen situations with road rehabilitation work. Most road rehabilitation projects have the potential need for additional base repairs or deep digouts that often cannot be fully quantified prior to construction. Should contingency funds not be required, they too would be returned to the Measure T Fund.

Table 2: Project Budget
Line Item Amount
Avison Construction, Inc. Contract $3,059,391.50
Construction Management, Inspection and Testing $275,000.00 Project Contingency (20 percent) $611,878.30
Total Project Budget $3,946,269.80
Funding Source
LPP Fund $360,000.00
Measure T Fund $3,335,000.00
RMRA Fund $689,678.00
Total Funding Sources $4,384,678.00
ALTERNATIVES:

The alternative to awarding the project is to reject all bids. Rebidding the project could result in higher bids and would delay project till next spring of 2027.

ATTACHMENTS:

1. Location Map

2. Resolution - Contract Award
a. Exhibit A – Contract Agreement
Attachment 1
Location Map
Legend
R-79
R-99
City Limits

LOCATION MAP
Attachment 2
Resolution
RESOLUTION NO.26-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA APPROVING THE CONTRACT AWARD FOR FY 2024 STREET REHAB AND RECONSTRUCTION PROJECT, CITY PROJECT NO. R-99 & 2021- 22 SB-1 (RMRA) SEALS AND OVERLAYS, CITY PROJECT NO. R-79, IN THE AMOUNT OF $3,059,391.50 TO AVISON CONSTRUCTION, INC. AND

AUTHORIZING CONSTRUCTION CONTINGENCIES RELATING TO THE

CONTRACT
WHEREAS, on August 12, 2026, the Engineering Department advertised a solicitation for construction bids for FY 2024 Street Rehab and Reconstruction Project, City Project No. R-99 & 2021-22 SB-1 (RMRA) Seals and Overlays, City Project No. R-79 hereinafter referred to as “the Project”; and
WHEREAS, six (6) bids were received on September 9, 2026; and WHEREAS, Avison Construction, Inc. submitted the lowest bid and was deemed a responsive and responsible bidder; and
WHEREAS, funding for the Project is programmed in the Capital Improvement Projects Budget for Fiscal Year 2026/27 under Capital Improvement Program (CIP) Project R-99 & R-79.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MADERA HEREBY finds, orders and resolves as follows:

1. The above recitals are true and correct.

2. The City Council (Council) has reviewed and considered all the information presented including the report to Council from the Engineering Department.

4. The City finds that Avison Construction, Inc. is the lowest responsible and responsive bidder.

5. The contract for the Project in the amount of $3,059,391.50 is awarded to Avison Construction, Inc., a copy of which is attached hereto as Exhibit A and referred to for particulars, is approved.

6. Council authorizes Construction Contingencies of up to 20 percent as approved by the City Engineer.

7. This Resolution is effective immediately upon adoption. *******
Exhibit A
Contract Agreement

AGREEMENT
THIS AGREEMENT, made this 16 day of September , 2026, between the City of Madera, hereinafter called “OWNER”, and Avison Constructions, Inc. , doing business as (an individual), or (a partnership), or (a corporation), hereinafter called “CONTRACTOR”.

WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned:

1. The CONTRACTOR shall commence and complete all WORK required for the FY 2024 STREET REHAB AND RECONSTRUCTION PROJECT, CITY PROJECT NO. R-99 & 2021-22 SB-1 (RMRA) SEALS AND OVERLAYS, CITY PROJECT NO. R-79

2. 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 herein.

3. The CONTRACTOR shall commence the WORK required by the CONTRACT DOCUMENTS within 10 calendar days after the date of the NOTICE TO PROCEED and will complete the same within the time period set forth in the CONTRACT DOCUMENTS. The CONTRACTOR shall submit a Payment Bond and Performance Bond in the amount of $3,059,391.50 , each and Insurance Certificates as specified in the CONTRACT DOCUMENTS prior to commencing any WORK.

4. The CONTRACTOR agrees to perform all of the WORK described in the DOCUMENTS for the unit and lump sum prices set forth in the Bid Schedule.

5. The term “CONTRACT DOCUMENTS” means and includes the following:
(A) Advertisement for Bids
(B) Information for Bidders
(C) Bid Proposal
(D) Bid Bond
(E) Agreement
(F) Payment Bond
(G) Performance Bond
(H) Insurance Requirements for Contractors
(I) Construction Plans and Specifications prepared or issued by the City of Madera entitled “FY 2024 STREET REHAB AND RECONSTRUCTION PROJECT, CITY PROJECT NO.

R-99 & 2021-22 SB-1 (RMRA) SEALS AND OVERLAYS, CITY PROJECT NO. R-79” dated August, 2026

Addendum No. 1 , dated September 3, 2026

7. 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. In no event shall total compensation exceed $3,059,391.50 except as may otherwise be authorized in writing per Section

The following provisions are intended by Contractor and Owner to comply with Public Contract Code Sections 9204 and 20104 et. seq.

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:

1. A time extension, including, without limitation, for relief from damages or penalties for delay assessed by Owner under this Contract.

3. Payment of an amount that is disputed by the Owner.

B. The Claim Must Be Timely and in Writing:

C. Receipt of Claim by Owner:

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:

E. Payment of Claim:

F. Meet and Confer:

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.

Any mediation utilized shall conform to the timeframes in this section.

G. Filing a Government Code Written Claim Notice:

3.6 of Title 1 of the Government Code Section 900.

H. Owner’s Failure to Respond to Claim:

I. Reserved.

J. Subcontractor Claims:

K. Filing of Action on Unresolved Claims:

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 one-thirtieth of its journeymen annually through apprenticeship training, either (1) on a statewide basis, or (2) on a local basis, or
(d) 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.

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.

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.

18. Contractor must comply with the insurance requirements as described in the section “INSURANCE REQUIREMENTS FOR CONTRACTOR”, pages 41-42 of the Contract Documents.

19. Amendments- Any changes to this Agreement requested by either City or Avison Construction, Inc.. 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.

20. Termination.

A. This Agreement may be terminated at any time by either party upon fifteen (15) calendar days written notice. In the event the Agreement is terminated by either party, Avison Construction, Inc.. shall be compensated for services performed to the date of termination based upon the compensation rates and subject to the maximum amounts payable agreed to together with such additional services performed after termination which are authorized in writing by the City representative to wind up the work performed to date of termination.

B. City may immediately suspend or terminate this Agreement in whole or in part by written notice where, if in the determination of City, there is:

1. An illegal use of funds by Avison Construction, Inc;

2. A failure by Avison Construction, Inc, to comply with any material term of this Agreement;

3. A substantially incorrect or incomplete report submitted by Avison Construction, Inc., to City.

In no event shall any payment by City or acceptance by Avison Construction, Inc., constitute a waiver by such party of any breach of this Agreement or any default which may then exist on the part of either party. Neither shall such payment impair or prejudice any remedy available to either party with respect to such breach or default. City shall have the right to demand of Avison Construction, Inc., the repayment to City of any funds disbursed to Avison Construction, Inc., under this Agreement which, as determined by the appropriate court or arbitrator, were not expended in accordance with the terms of this Agreement.

Notice of termination shall be mailed to the City:

City of Madera
Engineering Department
428 E. Yosemite Avenue
Madera, Ca 93638
To the Contractor Avison Construction, Inc.,
Notices. All notices and communications from Avison Construction, Inc., 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.

21. Compliance With Laws- City shall comply with all Federal, State and local laws, ordinances, regulations and provisions applicable in the performance of City’s services.

25. Contractor’s Legal Authority - Each individual executing or attesting this Agreement on behalf of Avison Construction, Inc., 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 Avison Construction, Inc., is a duly organized and legally existing corporation in good standing in the State of California.

28.Sole Agreement- This instrument constitutes the sole and only Agreement between City and Avison Construction, Inc., in connection to the Project and correctly sets forth the obligations of the City and Avison Construction, Inc., 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.

27. Assignment-Neither the Avison Construction, Inc., nor City will assign its interest in this Agreement without the written consent of the other.
28 This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns.

City of Madera
Herein Called OWNER
By:

Cecelia K. Gallegos, Mayor
APPROVE AS TO FORM:

Shannon L. Chaffin, City Attorney
ATTEST:

Alicia Gonzales, City Clerk
BY:

Herein Called CONTRACTOR
BY:

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.

California Notary acknowledgement required to be attached.

CITY OF MADERA

CONTRACT DOCUMENTS
& CONSTRUCTION SPECIFICATIONS
FOR
FY 2024 STREET REHAB AND RECONSTRUCTION
PROJECT, CITY PROJECT NO. R-99 & 2021-22 SB-1
(RMRA) SEALS AND OVERLAYS, CITY PROJECT NO. R-79
AUGUST 2026

CITY OF MADERA

ENGINEERING DEPARTMENT
428 E. YOSEMITE AVENUE
MADERA CA 93638
KEITH HELMUTH, P.E.

CITY ENGINEER

PAGE INTENTIONALLY LEFT BLANK

CITY OF MADERA

CONTRACT DOCUMENTS AND CONSTRUCTION

SPECIFICATIONS
FOR
FY 2024 STREET REHAB AND RECONSTRUCTION
PROJECT, CITY PROJECT NO. R-99 & 2021-22 SB-1
(RMRA) SEALS AND OVERLAYS, CITY PROJECT NO. R-79
AUGUST 2026

CITY OF MADERA

ENGINEERING DEPARTMENT
428 E. YOSEMITE
MADERA, CA 93638
(559) 661-5418
___________________________
Keith Helmuth, City Engineer
08/18/2026
Date

CITY OF MADERA
FY 2024 STREET REHAB AND RECONSTRUCTION
PROJECT, CITY PROJECT NO. R-99 & 2021-22 SB-1
(RMRA) SEALS AND OVERLAYS, CITY PROJECT NO. R-79

PROFESSIONAL ENGINEER SIGNATURE PAGE
___________________________________________________________________________ SECTION 4, “DESCRIPTION OF BID ITEMS” AND SECTION 5, “SPECIAL PROVISIONS TECHNICAL” AND CERTAIN DRAWINGS AND EXHIBITS HAVE BEEN PREPARED BY OR UNDER THE DIRECTION OF THE FOLLOWING REGISTERED PROFESSIONAL ENGINEER. ____________________________________________
ELLEN DOBBS BITTER Date

___________________________________________________________________________ 8/18/2026
“FY 2024 STREET REHAB AND RECONSTRUCTION PROJECT, CITY PROJECT NO. R-99 & 2021-22 SB-1 (RMRA) SEALS AND OVERLAYS, CITY PROJECT NO. R-79”

TABLE OF CONTENTS

BIDDING AND CONTRACTUAL DOCUMENTS PAGE
ADVERTISEMENT FOR BIDS...................................................................................................................... 1 BY ORDER OF THE CITY COUNCIL OF THE CITY OF MADERA.................................................................2 INFORMATION FOR BIDDERS.................................................................................................................... 3 BID PROPOSAL .....................................................................................................................................10 BIDDER’S CHECKLIST..........................................................................................................................10 BID PROPOSAL FORM ........................................................................................................................11 BID SCHEDULE ..................................................................................................................................12 SUBCONTRACTORS............................................................................................................................16 BID BOND ........................................................................................................................................17 CERTIFICATION ................................................................................................................................. 18 NONCOLLUSION AFFIDAVIT................................................................................................................19 PUBLIC CONTRACT CODE ...................................................................................................................20 DEBARMENT AND SUSPENSION CERTIFICATION....................................................................................21 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION (Prime)................................................................. 22 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION (SUBCONTRACTOR)................................................23 CARB DOORS CERTIFICATION..............................................................................................................24 AGREEMENT........................................................................................................................................25 PAYMENT BOND...................................................................................................................................36 PERFORMANCE BOND...........................................................................................................................39 INSURANCE REQUIREMENTS FOR CONTRACTORS .....................................................................................41 HOLD HARMLESS AND INDEMNIFICATION AGREEMENT.............................................................................43

SPECIFICATIONS
SECTIONS 1 thru 5
1 GENERAL CONDITIONS ................................................................................................................................. 1-1 2 SPECIAL CONDITIONS.................................................................................................................................... 2-1 3 STANDARD SPECIFICATION AND PLANS......................................................................................................... 3-1 4 DESCRIPTION OF BID ITEMS ......................................................................................................................... 4-1 5 SPECIAL PROVISIONS – TECHNICAL ............................................................................................................... 5-1

APPENDICES
Appendix A City Waste Pickup Schedule
Appendix B Debris Management Report
Appendix C City Water Requirements
Appendix D Mid Valley Disposal Rates
Appendix E Reserved
Appendix F Reserved
Appendix G Funding Signs

PAGE INTENTIONALLY LEFT BLANK
1 ADVERTISEMENT FOR BIDS
Sealed bids will be received at the office of the City Engineer of the City of Madera, or electronically via the City of Madera’s PlanetBids vendor portal, for the following:

FY 2024 STREET REHAB AND RECONSTRUCTION PROJECT, CITY PROJECT NO. R-99 & 2021-22 SB-1 (RMRA) SEALS AND OVERLAYS, CITY PROJECT NO. R-79
at 428 E. Yosemite Ave, Madera, CA 93638, until 2:00 pm, on September 9, 2026 and then at said office publicly opened and read aloud.

There will be a non-mandatory pre-bid meeting on, August 26, 2026 at City of Madera; Engineering Department Conference Room, 428 E. Yosemite Avenue at 2:00 p.m. Any prospective bidder may all so attend the meeting by Zoom at
https://cityofmadera.zoom.us/j/89627816604?pwd=3nV31T9fabbb7CI2I87KEFHgbgtwHn.1 on the same day and time. All bidders are invited to attend in person or by Zoom The work in general consists of grinding deteriorated sections of asphalt concrete, paving with new asphalt concrete, crack sealing, application of microsurfacing type II and type III, adjustment of existing manhole/utility covers to final grade, reconstruct of ADA concrete curb ramps, replacement of loop detectors and replacing traffic pavement markings and striping.

In accordance with the provisions of Section 3300 of the Public Contract, the general contractor for this project shall have a Class A or C-12 California State Contractor’s License issued in accordance with the provisions of the Contractor’s State License Law, California Business and Professions Code, Division 5, Chapter 9, as amended.

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 Relations. 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. If awarded a contract, the bidder and its subcontractor(s), of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the project.

Bid security in the amount of ten (10) percent of the amount of the bid, and in the form of a bid bond issued by an admitted surety insurer licensed by the California Department of Insurance, cash, cashier's check or certified check shall accompany the bids. Bid securities shall be made in favor of the City of Madera.

Plans, Specifications, and all Addenda can be downloaded from the City’s website at https://pbsystem.planetbids.com/portal/54016/portal-home by clicking on the link ‘City of Madera’s PlanetBids Vendor Portal’. Any printed hard copies of the plans, specifications, and all addenda shall be at the contractor’s expense. Bidders must be registered with planetbids.com in order to receive all bid documents, contract documents and addenda. 2 In accordance with the provisions of Division 2, Part 5, Section 22300 of the Public Contract Code of the State of California, securities may be substituted for non-federal monies withheld on this Project.

In accordance with the provisions of Section 1770 of the Labor Code, the Director of the Department of Industrial Relations of the State of California has determined the general prevailing rates of wages and employer payments for health and welfare, pension, vacation, travel time and subsistence pay as provided by Section 1773.8 apprenticeship or other training programs authorized by Section 3093, and similar purposes applicable to the work to be done. These wage rates are on file with the City Engineer, City of Madera, and are incorporated herein by reference.

The City Council of the City of Madera reserves the right to reject any and all bids, and to waive any and all irregularities in any bid. The City shall not assume any liability or costs incurred by Bidders should the award of contract be canceled due to lack of financing.

BY ORDER OF THE CITY COUNCIL OF THE CITY OF MADERA.

ATTEST: /s/ Alicia Gonzales DATE: August, 2026
City Clerk
City of Madera
3 INFORMATION FOR BIDDERS
Bids will be received at the City of Madera Engineering Department (herein called the “OWNER) located at 428 E. Yosemite Avenue, Madera, CA 93638, or electronically via the City of Madera’s PlanetBids vendor portal, at 2:00 pm on September 9, 2026. They will be publicly opened and read aloud at this location. The official bid stamp clock will be located at the Engineering Building at the above referenced address. The back-up clock is located above the front counter in the Engineering Building, should the official bid stamp clock not work.

Each BID must be submitted with all documents listed on the Bidder's Checklist in a sealed envelope, addressed to the OWNER at City of Madera Engineering Department, 428 E. Yosemite Avenue, Madera, CA 93638. Each sealed envelope containing a BID must be plainly marked on the outside a “Bid for “FY 2024 STREET REHAB AND RECONSTRUCTION PROJECT, CITY PROJECT NO. R-99 & 2021-22 SB-1 (RMRA) SEALS AND OVERLAYS, CITY PROJECT NO. R-79”, and the envelope should bear on the outside, the name of the BIDDER, his address, his Contractor's license number, Registration number with Department of Industrial Relations and a statement "DO NOT OPEN UNTIL THE TIME OF BID OPENING". If forwarded by mail, the sealed envelope containing the BID must be enclosed in another envelope addressed to the OWNER at City of Madera Engineering Department, 428 E. Yosemite Avenue, Madera, CA 93638 and shall be clearly labeled as instructed for the enclosed BID.

All BIDS must be made on the required BID PROPOSAL forms. All blank spaces for BID prices must be filled in, in ink or typewritten, and the BID PROPOSAL forms must be fully completed and executed when submitted. Only one copy of the BID PROPOSAL form is required.

Contractor who has employees who will work on a City of Madera project is required to comply with all of the provisions of the Federal Immigration Reform and Control Act of 1986 (S.B. 1200; H.REP 99-1000). This requirement includes compliance with all of the employee documentation provisions.

Furthermore, the Contractor will make any employee documentation required to comply with the Act immediately available to the City upon its request for each individual employee working on a City of Madera project.

A non-mandatory pre-bid meeting is scheduled for August 26, 2026, at 2:00 pm at City of Madera Engineering Department, 428 E. Yosemite Avenue, Madera, CA 93638. All bidders are invited to attend. Any prospective bidder may also attend the meeting by Zoom at https://cityofmadera.zoom.us/j/89627816604?pwd=3nV31T9fabbb7CI2I87KEFHgbgtwHn.1 Meeting ID: 896 2781 6604 Passcode: 053752
On the same day and time. All bidders are invited to attend in person or by Zoom.

The ENGINEER is the City Engineer of the City of Madera and the telephone number is (559) 661-5418.

The OWNER may waive any informalities or minor defects or reject any and all BIDS. Any BID may be withdrawn prior to the above scheduled time for the opening of BIDS or authorized postponement thereof. Any BID received after the time and date specified shall not be considered. No 4 BIDDER may withdraw a BID within 60 days after the actual date of the opening thereof. Should there be reasons why the Contract cannot be awarded within the specified period the time may be extended by mutual agreement between the OWNER and the BIDDER.

Any one or more of the following causes may be considered as sufficient for disqualification of a BIDDER and rejection of his proposal or proposals:
a. More than one proposal for the same work from an individual, partnership or corporation. b. Evidence of collusion among BIDDERS. Participants in such collusion will receive no recognition as BIDDERS for any future work of the OWNER until such participant hall have been reinstated as a qualified BIDDER.
c. Lack of competency and adequate machinery, plant or other equipment, as may be revealed by financial statement if required.
d. For unsatisfactory performance record as shown by past work for the OWNER, judged from the standpoint of workmanship and progress.
e. Prior commitments or obligations, which in the judgment of the OWNER might hinder or prevent the prompt completion of the work.
f. Failure to pay or satisfactorily settle all payments due for labor or materials on former contracts in force with the City of Madera at the time of letting the BID. g. Failure to comply with any qualifications regulation of the OWNER. h. Omission of proposal guaranty.

A BIDDER who claims a mistake in his BID must follow the procedures in Public Contract Code Division 2, Part 1, Chapter 5, et seq. in seeking relief of his BID.

BIDDERS must satisfy themselves as to the accuracy of the estimated quantities in the Bid Schedule by examination of the site and a review of the DRAWINGS and SPECIFICATIONS including ADDENDA. After BIDS have been submitted, the BIDDER shall not assert that there was a misunderstanding concerning the quantities of WORK or the nature of the WORK to be done.

The CONTRACT DOCUMENTS contain the provisions required for the construction of the PROJECT. Information obtained from an officer, agent, or employee of the OWNER, or any person shall not affect the risks, or obligations assumed by the CONTRACTOR or relieve the CONTRACTOR from fulfilling any of the conditions of the Contract.

Each BID must be accompanied by a Bid Bond payable to the OWNER for ten percent of the total amount of the BID. As soon as the BID prices have been compared, the OWNER will return the bonds of all except the three lowest responsible BIDDERS. When the Agreement is executed, the bonds of the two remaining unsuccessful BIDDERS will be returned. The Bid Bond of the successful BIDDER will be retained until the Payment Bond and Performance Bond have been executed and approved, after which it will be returned. A certified or cashier's check may be used in lieu of a Bid Bond.

A Performance Bond and a Payment Bond, each in the amount of 100 percent of the CONTRACT PRICE, with a corporate bonding company licensed to transact such business in the State of California, with a current A.M. Best’s rating of not less than A: VII, will be required for the faithful performance of the Contract, or as approved by the City Attorney. The Payment Bond and Performance Bond must be issued by an admitted surety holding a certificate of authority to transact surety insurance in California issued by the Insurance Commissioner.
5 Attorneys-in-Fact who sign Bid Bonds or Payment Bonds and Performance Bonds must file with each bond a certified and effective dated copy of their power of attorney.

The party to whom the Contract is awarded will be required to execute the Agreement, obtain the Performance Bond and Payment Bond, and provide proof of carriage of insurance on the specified format within ten (10) calendar days from the date when the NOTICE OF AWARD is delivered to the BIDDER. The NOTICE OF AWARD shall be accompanied by the necessary Agreement and Bond forms. In case of failure of the BIDDER to execute the Agreement, the OWNER may, at his option, consider the BIDDER in default, in which case the Bid Bond accompanying the proposal shall become the property of the OWNER.

The party to whom the Contract is awarded will be required to meet the insurance requirements as specified in the Contract Documents and provide proof of carriage of insurance on the specified format prior to execution of the Agreement.

The OWNER, within fifteen (15) days of receipt of acceptable Insurance Forms, Performance Bond, Payment Bond and Agreement signed by the party to whom the Agreement was awarded, shall sign the Agreement and return to such party an executed duplicate of the Agreement. Should the OWNER not execute the Agreement within such period, the BIDDER may, by written notice, withdraw his signed Agreement. Such notice of withdrawal shall be effective upon receipt of the notice by the OWNER.

The NOTICE TO PROCEED shall be issued within ten (10) days of the execution of the Agreement by the OWNER. Should there be reasons why the NOTICE TO PROCEED cannot be issued within such period; the time may be extended by mutual agreement between the OWNER and CONTRACTOR. If the NOTICE TO PROCEED has not been issued within the 10-day period or within the period mutually agreed upon, the CONTRACTOR may terminate the Agreement without further liability on the part of either party.

Each BIDDER is responsible for inspecting the site and for reading and being thoroughly familiar with the CONTRACT DOCUMENTS. The failure or omission of any BIDDER to do any of the foregoing shall not relieve any BIDDER from any obligation with respect to his BID.

Pursuant to the provisions of the Public Contract Code of the State of California, each BIDDER shall set forth in his proposal the name and location of the place of business of each subcontractor who will perform work or labor or render service to the CONTRACTOR in or about the construction of the WORK in an amount in excess of 1/2 of 1% of the CONTRACTOR’S total BID, or, in the case of BIDS or offers for the construction of streets or highways, including bridges, in excess of one-half of one percent of the prime CONTRACTOR’S total BID or ten thousand dollars ($10,000), whichever is greater, and the portion of the WORK which will be done by each subcontractor.

The OWNER may make such investigations as it deems necessary to determine the ability of the BIDDER to perform the WORK, and the BIDDER shall furnish to the OWNER all such information and data for this purpose as the OWNER may request. The OWNER reserves the right to reject any BID if the evidence submitted by, or investigation of, such BIDDER fails to satisfy the OWNER that such BIDDER is properly qualified to carry out the obligations of the Agreement and to complete the WORK 6 contemplated therein. The CONTRACT will not be awarded to anyone on the debarred list of Contractors.

Bids will be compared on the basis of the SUM TOTAL OF BID SCHEDULE A PLUS BID SCHEDULE B. Award will be made to the lowest responsible BIDDER.

A conditional or qualified BID will not be accepted.

All applicable laws, ordinances, and the rule and regulations of all authorities having jurisdiction over construction of the PROJECT shall apply to the Contract throughout.

Prior to beginning any work, the CONTRACTOR shall secure a City of Madera Business License at his own cost and expense.

Each Contractor and Subcontractor shall keep an accurate payroll record, 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 the public work. Such records shall be certified and available for inspection at all reasonable hours at the principal office of the Contractor as required by Labor Code Section 1776.

The Contractor shall forfeit to the City as a penalty $50.00 per day for each workman paid less than the rate set forth in the wage determination of the Director of Industrial Relations. The Contractor shall keep an accurate record of all personnel employed under the various classifications listing the name, classification, and hourly rate of such personnel, which record shall be made available for inspection by the owner.

At the time of award, and in accordance with the provisions of Section 3300 of the Public Contract Code, the general contractor for this project shall have a Class A or C-12 California State Contractor’s License issued in accordance with the provisions of the Contractors State License Law, California Business and Professions Code, Division 5, Chapter 9, as amended.

No bid submitted will be invalidated by the failure of the bidder to be licensed in accordance with the laws of the State. The Contract will not be awarded unless the CONTRACTOR has a valid license in the appropriate classification for the work performed. Failure of the bidder to obtain the required licensing for an award of Contract shall constitute a failure to execute the Contract and shall result in the forfeiture of the security of the bidder.

Department of Industrial Relations Annual Registration:
a. Pursuant to Labor Code Sections 1772 and 1771(b), 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 Relations. b. 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. c. Pursuant to Labor Code Section 1725.5 - no Contractor or subcontractor may work on a public works project unless registered with the Department of Industrial Relations. 7 d. Pursuant to Labor Code Section 1771.4(a)(1) – all contractors and subcontractors must furnish Certified Payroll Records (CPRs) weekly to the Agency they are contracted with and file electronic certified payroll records weekly directly to the Labor Commissioner, Division of Labor Standards Enforcement (DLSE).
e. Pursuant to Labor Code Section 1776(c) – the certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or forms that contain the same information as the forms provided by the division.
f. Pursuant to Labor Code 1771.5 - the awarding agency shall withhold contract payments when payroll records are delinquent or inadequate.
g. Pursuant to Title 8 California Code of Regulations Section 16451(d)/Labor Code Section 1771.4(a)(2) - the Contractor must post job Posters and Notices as required by Department of Industrial Relations and as required by other State agencies. h. Pursuant to Labor Code Section 1773.3 - the Public Agency must file a PWC 100 Form with the DIR within 5 days of the award of a public works project. PWC Form 100 will be amended to reflect changes in contract time. The DIR will also be notified within 5 days of the completion of project

In bidding on this Project, it shall be the Bidders sole responsibility to evaluate and include the cost of complying with all labor compliance requirements under this contract and applicable law(s) in the Project bid.

Pursuant to Section 1777.1 of the Labor Code, the Labor Commissioner publishes and distributes a list of contractors ineligible to perform work as a subcontractor on a public works project. This list of debarred contractors is available from the Department of Industrial Relations at www.dir.ca.gov/DLSE/Debar.html
The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. Each subcontract signed by the bidder must include this assurance.

Questions and Requests for Information/Clarification
No verbal requests or requests made in any other format will be accepted. Any questions about the RFP must be submitted electronically and individually (not in a paragraph format nor combined in a single submission) through the City’s electronic bid management system (PlanetBids) at https://pbsystem.planetbids.com/portal/54016/portal-home under the “Q&A” tab.”. All posted questions will be answered in writing and conveyed via written addenda to all Proposers via posting through the City’s electronic bid management system (PlanetBids) at
https://pbsystem.planetbids.com/portal/54016/portal-home under the “Addenda/Emails” or the “Q&A” tab.

CARB Diesel-Fueled Off-Road Regulations:
8 This project is subject to the California Air Resources Board (CARB) In-Use Off-Road DieselFueled Fleets requirements found in California Code of Regulations, Title 13, Div. 3, Ch. 9, Art. 4.8, Sec. 2449 (“CARB Off-Road Regulations”). Bidders must submit valid Certificate(s) of Reported Compliance for itself and all designated subcontractor(s) that are using fleet(s) subject to the CARB Off-Road Regulations in performance of this contract.

Certificates of Reported Compliance are obtained through CARB’s Diesel Off-Road Online Reporting System (DOORS). For technical support, please contact CARB directly at 1-877-593-6677 or via email at [email protected].
9 PAGE INTENTIONALLY LEFT BLANK
BIDDER'S NAME: __________________________
(Submit with Bid Proposal)
10 BID PROPOSAL
BIDDER’S CHECKLIST
FY 2024 STREET REHAB AND RECONSTRUCTION PROJECT, CITY PROJECT NO. R-99 & 2021-22 SB-1 (RMRA) SEALS AND OVERLAYS, CITY PROJECT NO. R-79
SUBMIT THIS BIDDER’S CHECKLIST WITH YOUR BID DOCUMENTS. Bidders shall complete and submit all documents marked with an “X” in the “REQUIRED” column for bids to be considered responsive.

REQUIRED
[X] 1. BID PROPOSAL
[X] 2. BID SCHEDULE
[X] 3. SUBCONTRACTOR LISTING (In excess of 1/2 of 1%)
[X] 4. BID DEPOSIT (ELECTRONIC SCANNED COPY ACCEPTED WITH ELECTRONIC BID SUBMITTAL AT BID OPENING DATE, SEE ITEM 12 BELOW)attached to front of Proposal in the form of: [ ] Certified Check [ ] Bidder’s Bond
[ ] Cashier’s Check [ ] Irrevocable Letter of Credit
[ ] Certificate of Deposit
[X] 5. CERTIFICATION (Comptroller General's List)
[X] 6. NONCOLLUSION AFFIDAVIT
[X] 7. PUBLIC CONTRACT CODE
[X] 8. DEBARMENT AND SUSPENSION CERTIFICATION
[X] 9. EQUAL OPPORTUNITY CERTIFICATION (PRIME)
[X] 10. EQUAL OPPORTUNITY CERTIFICATION (SUBCONTRACTOR) [X] 11. ADDENDA – Signature page of all Addenda issued
[X] 12. CONTRACTOR’S STATEMENT OF QUALIFICATIONS & CERTIFIED STATEMENT FROM GEORGE REED TABLE MOUNTAIN QUARRY SUPPLIER, per Section 5.10 & Section 5.12 If one of the three lowest bidders, submit no later than 4:00 p.m. on the 3rd business day after bid opening:
[X] 13. CARB DOOR CERTIFICATION
[X] 14. LETTER FROM BIDDER THAT BIDDER WILL PERFORM NOT LESS THAN 30% OF THE TOTAL NET BID AMOUNT (ORIGINAL CONTRACT PRICE), excluding specialty items designated by the City on the bid proposal, to be submitted within three working days from the date of the bid opening.
[X] 15. IF ELECTRONIC BID PROVIDE ORIGINAL HARD COPIES OF ITEMS 1 THROUGH 12 ABOVE AND DELIVER TO ATTN: Elisa Perez, City of Madera, 428 East Yosemite Ave, Madera, CA, 93638 in the form of:

SUBMITTED BY:

Name of Company ______________________ Contact Name __________________________ Address _________________________ City __________________ State _____ Zip ________ Phone No._________________________ Contact Email______________________________ Documents required on the checklist but not included in the bid package may render your bid nonresponsive and ineligible for award. Bids received by the City of Madera by the scheduled bid opening time will be opened and publicly read but are subject to verification that all the required documents have been submitted.

BIDDER'S NAME: __________________________
(Submit with Bid Proposal)
11 BID PROPOSAL FORM
FY 2024 STREET REHAB AND RECONSTRUCTION PROJECT, CITY PROJECT NO. R-99 & 2021-22 SB-1 (RMRA) SEALS AND OVERLAYS, CITY PROJECT NO. R-79
Proposal of ____________________________ (hereinafter called “BIDDER”), organized and existing under the laws of the State of _________________, doing business as (an individual), or (a partnership), or (a corporation), to the City of Madera (hereinafter called “OWNER”):

In compliance with your advertisement for Bids, BIDDER hereby proposes to perform all work required for “FY 2024 STREET REHAB AND RECONSTRUCTION PROJECT, CITY PROJECT NO. R-99 & 2021-22 SB-1 (RMRA) SEALS AND OVERLAYS, CITY PROJECT NO. R-79” in strict accordance with the CONTRACT DOCUMENTS, within the time set forth therein, and at the prices stated below.

BIDDER hereby agrees to commence work under this Contract on or before a date to be specified in the NOTICE TO PROCEED and to fully complete the PROJECT in 60 (sixty) Calendar Days.

BIDDER further agrees to pay as liquidated damages, the sum of $3,600 for each consecutive calendar day thereafter, as provided in Section 1-17 of the General Conditions.

BIDDER acknowledges receipt of the following ADDENDA:

No. ______, dated ____________________, 2026
No. ______, dated ____________________, 2026
No. ______, dated ____________________, 2026
The undersigned, as BIDDER, declares that the only persons, or parties interested in this proposal as principals are those named herein; that this proposal is made without collusion with any other person, firm or corporation; that the BIDDER has carefully examined the location of the proposed work, the annexed proposed form of contract, and the plan therein referred to; and he proposes and agrees if this proposal is accepted, that the BIDDER will contract with the City of Madera to provide all necessary machinery, tools, apparatus and other means of construction, and to do all the work and furnish all the materials specified in the contract in the manner and time therein prescribed and according to the requirements of the OWNER as therein set forth, and that he will take in full payment therefor the following prices, to wit:

BIDDER'S NAME: __________________________
(Submit with Bid Proposal)
12 BID SCHEDULE
FY 2024 STREET REHAB AND RECONSTRUCTION PROJECT, CITY PROJECT NO. R-99 & 2021-22 SB-1 (RMRA) SEALS AND OVERLAYS, CITY PROJECT NO. R-79
The following Bid Schedule lists the items necessary to complete the work. Bidder will fully complete the schedule including the total price of each item. If the total cost of any item or the Total Base Bid is inconsistent with the unit cost, the unit cost shall prevail. Payment of each item will be based on the actual quantity, except for those items bid lump sum and those items that are noted as fixed quantities.

City Project R-99 – Base Bid Schedule A
Item Description Unit of
Measure Quantity
Unit
Price
($)
Total
Amount
($)
1 MOBILIZATION, BONDS, INSURANCE &
PERMITS (NOT TO EXCEED $75,000)* LS 1
2 TRAFFIC CONTROL, SIGNAGE AND
DETOURS LS 1
3 DUST CONTROL & WATER POLLUTION
CONTROL PLAN (WPCP) LS 1
4 CLEARING & GRUBBING, DEMOLITION,
REMOVAL, AND DISPOSAL LS 1
5 GRIND AND REMOVE 3'' OF ASPHALT
CONCRETE SY 5,336
6 TYPE A, ½” ASPHALT CONCRETE TON 1,187
7 MICRO-SURFACING TYPE II SY 1,880
8 MICRO-SURFACING TYPE III SY 110,979
9 SURFACE PREPARATION, CRACK SEALING &
SWEEPING LS 1
10 ADJUST WATER VALVE COVERS USING
WATER VALVE RISERS EA 18
11 ADJUST STORM/SANITARY SEWER

MANHOLE COVERS USING MANHOLE
RISERS
EA 8
12 REMOVE & REPLACE PAVEMENT STRIPING
& MARKINGS LS 1
13 TRAFFIC LOOP DETECTORS EA 11
14 CONSTRUCT CONCRETE CURB RAMPS WITH
TRUNCATED DOMES (6-SACK) SF 2,162
15 ASPHALT CONCRETE PLUG SF 1,066
16 BLUE FIRE HYDRANT MARKER (TYPE BB) EA 26
BIDDER'S NAME: __________________________
(Submit with Bid Proposal)
13 17 DIGOUT SURFACE 5’’ DEPTH SY 1,494
18 MISCELLANEOUS FACILITIES AND
OPERATIONS (NOT TO EXCEED $25,000)** LS 1
*This Item shall not exceed $75,000 as noted in the explanation of bid Items. **This Item shall not exceed $25,000 as noted in the explanation of bid Items.

F = Final Pay Quantity P = Partial Pay S = Specialty Item TOTAL 1 THROUGH 18, INCLUSIVE: $
Total Amount of Bid (in words) is ______________________ Dollars and Cents.

City Project R-79 – Base Bid Schedule B
Item Description Unit of
Measure Quantity
Unit
Price
($)
Total
Amount
($)
1 MOBILIZATION, BONDS, INSURANCE &
PERMITS (NOT TO EXCEED $130,000)* LS 1
2 TRAFFIC CONTROL, SIGNAGE AND
DETOURS LS 1
3 DUST CONTROL & WATER POLLUTION
CONTROL PLAN (WPCP) LS 1
4 CLEARING & GRUBBING, DEMOLITION,
REMOVAL, AND DISPOSAL LS 1
5 GRIND AND REMOVE 3'' OF ASPHALT
CONCRETE SY 34,270
6 TYPE A, ½” ASPHALT CONCRETE TON 8,258
7 MICRO-SURFACING TYPE II SY 8,679
8 MICRO-SURFACING TYPE III SY 64,616
9 SURFACE PREPARATION, CRACK SEALING &
SWEEPING LS 1
10 ADJUST WATER VALVE COVERS USING
WATER VALVE RISERS EA 30
11 ADJUST STORM/SANITARY SEWER

MANHOLE COVERS USING MANHOLE
RISERS
EA 23
12 REMOVE & REPLACE PAVEMENT STRIPING
& MARKINGS LS 1
13 TRAFFIC LOOP DETECTORS EA 29
14 CONSTRUCT CONCRETE CURB RAMPS WITH
TRUNCATED DOMES (6-SACK) SF 2,267
BIDDER'S NAME: __________________________
(Submit with Bid Proposal)
14 15 ASPHALT CONCRETE PLUG SF 1,149
16 BLUE FIRE HYDRANT MARKER (TYPE BB) EA 22
17 DIGOUT SURFACE 5’’ DEPTH SY 6,080
18 MISCELLANEOUS FACILITIES AND
OPERATIONS (NOT TO EXCEED $25,000)** LS 1
*This Item shall not exceed $130,000 as noted in the explanation of bid Items. **This Item shall not exceed $25,000 as noted in the explanation of bid Items.

F = Final Pay Quantity P = Partial Pay S = Specialty Item TOTAL 1 THROUGH 18, INCLUSIVE: $
Total Amount of Bid (in words) is ______________________ Dollars and Cents.

In case of discrepancy between words and figures, the words shall prevail.

TOTAL BASE BID (SCHEDULE A + SCHEDULE B ) $
Total Amount of Bid (in words) is ______________________ Dollars and Cents.

In case of discrepancy between words and figures, the words shall prevail.

BIDDER'S NAME: __________________________
(Submit with Bid Proposal)
15 If this proposal shall be accepted and the undersigned shall fail to contract, as aforesaid, and to give the two bonds in the sums to be determined as aforesaid, with surety satisfactory to the Awarding Authority, with ten (10) days after the award of the contract, the Awarding Authorities, at its option, may determine that the BIDDER has abandoned the contract, and thereupon this proposal and the acceptance thereof shall be null and void, and the forfeiture of such security accompanying this proposal shall operate and the same shall be the property of the OWNER.

The final bid amount shall include local, state and federal taxes.

Respectfully Submitted,

Date Signature

Title

Company

Address

License Number

Class

DIR Registration Number

Attest DIR Classification of Work
(Seal – if Bid is by a corporation)
BIDDER'S NAME: __________________________
(Submit with Bid Proposal)
16 SUBCONTRACTORS
The following named subcontractors(s) will perform with labor, or otherwise render services to the general contractor in or about the construction of the work or improvement in an amount in excess of one-half of one percent of the total BID presented herewith or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of one percent of the prime Contractor’s total BID. Use subcontractor’s business name style as registered with the License Board.

Name, location and description of work as REQUIRED by Section 4104 of the California Public Contract code.

SUBCONTRACTOR
Business Address
Class _______________ License No.

DIR Registration No. Classification of Workers
Item No. or Description of Work
Dollar Amount or Percentage of Total Bid

SUBCONTRACTOR
Business Address
Class _______________ License No.

DIR Registration No. Classification of Workers
Item No. or Description of Work
Dollar Amount or Percentage of Total Bid

SUBCONTRACTOR
Business Address
Class _______________ License No.

DIR Registration No. Classification of Workers
Item No. or Description of Work
Dollar Amount or Percentage of Total Bid

SUBCONTRACTOR
Business Address
Class _______________ License No.

DIR Registration No. Classification of Workers
Item No. or Description of Work
Dollar Amount or Percentage of Total Bid

SUBCONTRACTOR
Business Address
Class _______________ License No.

DIR Registration No. Classification of Workers
Item No. or Description of Work
Dollar Amount or Percentage of Total Bid
BIDDER'S NAME: __________________________
(Submit with Bid Proposal)
17 BID BOND
KNOWN ALL MEN BY THESE PRESENT, that we, the undersigned, ___________________________________ as Principal, and ___________________________ as Surety, are hereby held and firmly bound unto _____________________________ as Owner in the penal sum of ____________________________ for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns.

Signed, this _____ day of ____________________, 2026. The condition of the above obligation is such that whereas the Principal has submitted to _____________________________ a certain bid, attached hereto and hereby made a part hereof to enter into a contract in writing, for the FY 2024 STREET REHAB AND RECONSTRUCTION PROJECT, CITY PROJECT NO. R-99 & 2021-22 SB-1 (RMRA) SEALS AND OVERLAYS, CITY PROJECT NO. R-79

The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such Bid; and said Surety does hereby waive notice of any such extension.

IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. (L.S.) By_____________________________________
Principal
Surety
By:
(Seal and Notarial Acknowledge of Surety)
BIDDER'S NAME: __________________________
(Submit with Bid Proposal)
18 CERTIFICATION
The Bidder certifies under penalty of perjury under the laws of the State of California that his/her business or the corporation is not listed on the Comptroller General's list of ineligible bidders/contractors.

The above Certification is part of the Bid Proposal. Signing this Bid Proposal on the signature page thereof shall also constitute signature of this Certification.

Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

BIDDER'S NAME: __________________________
(Submit with Bid Proposal)
19 NONCOLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY of MADERA
In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

The above Non-collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non-collusion Affidavit.

Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

BIDDER'S NAME: __________________________
(Submit with Bid Proposal)
20 PUBLIC CONTRACT CODE
Public Contract Code Section 10285.1 Statement
In accordance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985) the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder has _____, has not _____ been convicted within the preceding three years of any offences referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any State or Federal antitrust law in connection with the bidding upon award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term “bidder” is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1.

Note. The bidder must place a check mark after “has” or “has not” in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

Public Contract Code Section 10162 Questionnaire
In accordance with the Public Contract Section 10162, the bidder shall complete, under penalty of perjury, the following questionnaire: Has the bidder, any officer, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state or local government project because of a violation of law or a safety regulation.

Yes _____ No _____
If the answer is Yes, explain the circumstances in the following space.

Public Contract Code 10232 Statement
In accordance with Public Contract Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court has been issued against the Contractor within the immediately preceding two (2) year period because of the Contractor’s failure to comply with an order of a federal court which orders the Contractor to comply with an order of National Labor Relations Board.

The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire.

Bidders are cautioned that making a false Certification may subject the certifier to criminal prosecution.

BIDDER'S NAME: __________________________
(Submit with Bid Proposal)
21 DEBARMENT AND SUSPENSION CERTIFICATION
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
The Bidder, under penalty of perjury under the laws of the State of California, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager:
• is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency;
• has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years;
• does not have a proposed debarment pending; and
• has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years.

If there are any exceptions to this certification, insert the exceptions in the following space.

Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.

The above Certification is part of the Bid Proposal. Signing this Bid Proposal on the signature page thereof shall also constitute signature of this Certification.

Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

BIDDER'S NAME: __________________________
(Submit with Bid Proposal)
22 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION (PRIME)
The bidder___________________________________________________________________, proposed subcontractor __________________________________________________, hereby certifies that he has _____, has not ____, participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President’s Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.

Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts, which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.)
Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations.

Department of Labor.

The above Certification is part of the Bid Proposal. Signing this Bid Proposal on the signature page thereof shall also constitute signature of this Certification.

This sheet must be completed and submitted electronically via PlanetBids by bidder, and separately for each proposed subcontractor. Separate sheets for Bidder and for each subcontractor must be submitted with your bid to be accepted as complete.

Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

BIDDER'S NAME: __________________________
(Submit with Bid Proposal)
23 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION (SUBCONTRACTOR) The proposed Subcontractor, ______________________________________________________, hereby certifies that he has _____, has not ____, participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President’s Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.

Department of Labor.

The above Certification is part of the Bid Proposal. Signing this Bid Proposal on the signature page thereof shall also constitute signature of this Certification.

Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

BIDDER'S NAME: __________________________
(Submit with Bid Proposal)
24 CALIFORNIA AIR RESOURCES BOARD (CARB) OFF-ROAD DIESEL FLEET COMPLIANCE (DOORS

CERTIFICATION)
All contractors and subcontractors utilizing off-road diesel vehicles with 25 horsepower or greater, or most two-engine vehicles, on this public works project in California shall be in full compliance with the California Air Resources Board (CARB) In-Use Off-Road Diesel-Fueled Fleets Regulation (California Code of Regulations, Title 13, Section 2449 et seq.).

Bidders shall provide a copy of their firm's (and any proposed subcontractors') current and valid CARB "Certificate of Reported Compliance" for their off-road diesel fleet(s) no later than 4:00 p.m. on the 3rd business day after bid opening.

Exemptions:

The Bidder must place a check mark after “Yes”, “No”, or “N/A” in one of the boxes provided below.

CARB DOORS certification shall be submitted no later than 4:00 p.m. on the 3rd business day after the bid opening.
□Yes □Exempt
□N/A (no applicable vehicles will be used for this project.

If the answer is Exempt, explain the circumstances in the following space. _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ 25 AGREEMENT
THIS AGREEMENT, made this day of , 2026, between the City of Madera, hereinafter called “OWNER”, and , doing business as (an individual), or (a partnership), or (a corporation), hereinafter called “CONTRACTOR”.

WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned:

2. 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 herein.

3. The CONTRACTOR shall commence the WORK required by the CONTRACT DOCUMENTS within 10 calendar days after the date of the NOTICE TO PROCEED and will complete the same within the time period set forth in the CONTRACT DOCUMENTS. 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.

4. The CONTRACTOR agrees to perform all of the WORK described in the DOCUMENTS for the unit and lump sum prices set forth in the Bid Schedule.

5. The term “CONTRACT DOCUMENTS” means and includes the following:
(A) Advertisement for Bids
(B) Information for Bidders
(C) Bid Proposal
(D) Bid Bond
(E) Agreement
(F) Payment Bond
(G) Performance Bond
(H) Insurance Requirements for Contractors
(I) Construction Plans and Specifications prepared or issued by the City of Madera entitled “FY 2024 STREET REHAB AND RECONSTRUCTION PROJECT, CITY PROJECT NO.

R-99 & 2021-22 SB-1 (RMRA) SEALS AND OVERLAYS, CITY PROJECT NO. R-79” dated August, 2026
(J)
Addendum No. , dated
Addendum No. , dated
Addendum No. , dated

6. In the event the CONTRACTOR does not complete the WORK within the time limit specified herein or within such further time as authorized, the CONTRACTOR shall pay to the OWNER liquidated damages in the amount of Three Thousand Six Hundred Dollars ($3,600.00) per day for each and every calendar day delay in finishing the WORK beyond the completion date so specified. 26 7. 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. In no event shall total compensation exceed $____________________ except as may otherwise be authorized in writing per Section 16. 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.

The following provisions are intended by Contractor and Owner to comply with Public Contract Code Sections 9204 and 20104 et. seq.

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:

1. A time extension, including, without limitation, for relief from damages or penalties for delay assessed by Owner under this Contract.

3. Payment of an amount that is disputed by the Owner.

B. The Claim Must Be Timely and in Writing:

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:

E. Payment of Claim:

F. Meet and Confer:

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 28 unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.

Any mediation utilized shall conform to the timeframes in this section.

G. Filing a Government Code Written Claim Notice:

3.6 of Title 1 of the Government Code Section 900.

H. Owner’s Failure to Respond to Claim:

I. Reserved.

J. Subcontractor Claims:

K. Filing of Action on Unresolved Claims:
29 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.

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 one-thirtieth of its journeymen annually through apprenticeship training, either (1) on a statewide basis, or (2) on a local basis, or
(d) 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.

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 31 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.

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.

17. 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 32 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.

18. Contractor must comply with the insurance requirements as described in the section “INSURANCE REQUIREMENTS FOR CONTRACTOR”, pages 41-42 of the Contract Documents.

19. Amendments- Any changes to this Agreement requested by either City or [Name of Successful Bidder]. 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.

20. Termination.

A. This Agreement may be terminated at any time by either party upon fifteen (15) calendar days written notice. In the event the Agreement is terminated by either party, [Name of Successful Bidder] shall be compensated for services performed to the date of termination based upon the compensation rates and subject to the maximum amounts payable agreed to together with such additional services performed after termination which are authorized in writing by the City representative to wind up the work performed to date of termination.

B. City may immediately suspend or terminate this Agreement in whole or in part by written notice where, if in the determination of City, there is:

1. An illegal use of funds by [Name of Successful Bidder];

2. A failure by [Name of Successful Bidder] to comply with any material term of this Agreement;
33 3. A substantially incorrect or incomplete report submitted by [Name of Successful Bidder] to City.

In no event shall any payment by City or acceptance by [Name of Successful Bidder] constitute a waiver by such party of any breach of this Agreement or any default which may then exist on the part of either party. Neither shall such payment impair or prejudice any remedy available to either party with respect to such breach or default. City shall have the right to demand of [Name of Successful Bidder] the repayment to City of any funds disbursed to [Name of Successful Bidder] under this Agreement which, as determined by the appropriate court or arbitrator, were not expended in accordance with the terms of this Agreement.

Notice of termination shall be mailed to the City:

City of Madera
Engineering Department
428 E. Yosemite Avenue
Madera, Ca 93638
To the Contractor [Name of Successful Bidder]
Notices. All notices and communications from the [Name of Successful Bidder] 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.

21. Compliance With Laws- City shall comply with all Federal, State and local laws, ordinances, regulations and provisions applicable in the performance of City’s services.

25. Contractor’s Legal Authority - Each individual executing or attesting this Agreement on behalf of [Name of Successful Bidder] 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 [Name of Successful Bidder] is a duly organized and legally existing corporation in good standing in the State of California. 34 26. 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.

28.Sole Agreement- This instrument constitutes the sole and only Agreement between City and [Name of Successful Bidder] in connection to the Project and correctly sets forth the obligations of the City and [Name of Successful Bidder] 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.

27. Assignment-Neither the [Name of Successful Bidder] nor City will assign its interest in this Agreement without the written consent of the other.
28 This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns.
35 IN WITNESS WHEREOF the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in THREE copies, each of which shall be deemed an original on the date first above written.

City of Madera
Herein Called OWNER
By:

Cecelia K. Gallegos, Mayor
APPROVE AS TO FORM:

Shannon L. Chaffin, City Attorney
ATTEST:

Alicia Gonzales, City Clerk
BY:

Herein Called CONTRACTOR
BY:

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.
36 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.

California Notary acknowledgement required to be attached. 37 PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: that

(Name of Contractor)

(Address of Contractor)
a , hereinafter called Principal,
(Corporation, Partnership or Individual)
(Name of Surety)
(Address of Surety)
hereinafter call Surety, are held and firmly bound unto City of Madera
(Name of Owner)
428 E. Yosemite, , Madera CA 93638
(Address of Owner)
hereinafter called OWNER, in the penal sum of _________________________________________ Dollars, ($ ) in lawful money of the United States, for the payment of which sum well and truly made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents, and also by the provisions of Part 2, Title 14, Chapter 2 of the California Code of Civil Procedure (Section 995.010, et seq.) and of Section 3247, et seq. of the California Civil Code.

THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the Owner, dated the day of , 2026 a copy of which is hereto attached and made a part hereof for the construction of:

FY 2024 STREET REHAB AND RECONSTRUCTION PROJECT, CITY PROJECT NO. R-99 & 2021-22 SB-1 (RMRA) SEALS AND OVERLAYS, CITY PROJECT NO. R-79
NOW, THEREFORE, if the Principal and all subcontractors shall promptly make payment to all mechanics, material men, contractors, subcontractors, lessors of equipment, artisans, architects, registered engineers, licensed land surveyors, machinists, builders, teamsters and laymen and all persons and laborers of every class performing labor upon or bestowing skill or necessary services on or furnishing materials or leasing equipment to be used or consumed in or furnishing appliances, teams or power contributing to the work described in the above mentioned contract, and to any other persons named in Section 3181 of the California Civil Code, and of amounts due under the Employment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld and paid over the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to Section 13020 of the Unemployment Insurance code, with respect to such work and labor, then this obligation shall be null and void: otherwise it shall remain in full force and effect.

PROVIDED FURTHER, that this obligation shall inure to the benefit of all persons named in Section 3181 of the California Civil code, and all such claimants and their assigns shall have a right of action in any suit brought upon this bond.
38 PROVIDED FURTHER, that no suit, action or other proceeding to recover on this bond shall be maintained unless commenced within six (6) months from the completion of the work described in the above mentioned contract, as “completion” is defined in Section 3086 of the California Civil Code.

PROVIDED FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract of accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications.

PROVIDED FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

IN WITNESS WHEREOF, this instrument is executed in THREE counterparts, each one of which shall be deemed an original, this the ________ day of ________, 2026.

ATTEST:

Principal
BY: _________________________________(s)
(Principal) Secretary
(Seal)

(Witness as to Principal) (Address)

ATTEST:

(Surety) Secretary (Surety)
(SEAL)
BY:

Witness as to Surety Attorney in Fact

(Address) (Address)

NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond.
39 PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: that

(Name of Contractor)

(Address of Contractor)
a , hereinafter called Principal,
(Corporation, Partnership or Individual)
(Name of Surety)
(Address of Surety)
hereinafter call Surety, are held and firmly bound unto City of Madera
(Name of Owner)
428 East Yosemite Avenue Madera CA 93638
(Address of Owner)
hereinafter called OWNER, in the penal sum of Dollars, ($ ) in lawful money of the United States, for the payment of which sum well and truly made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents.

FY 2024 STREET REHAB AND RECONSTRUCTION PROJECT, CITY PROJECT NO. R-99 & 2021-22 SB-1 (RMRA) SEALS AND OVERLAYS, CITY PROJECT NO. R-79
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said Contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such Contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be null and void: otherwise it shall remain in full force and effect.

PROVIDED FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications.

PROVIDED FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
40 IN WITNESS WHEREOF, this instrument is executed in THREE counterparts, each one of which shall be deemed an original, this the __________ day _________ 2026.

ATTEST:

Principal
BY: _________________________________(s)
(Principal) Secretary
(Seal)

(Witness as to Principal) (Address)

ATTEST:

(Surety) Secretary (Surety)
(SEAL)
BY:

Witness as to Surety Attorney in Fact

(Address) (Address)

NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond.
41 INSURANCE REQUIREMENTS FOR CONTRACTORS
Without limiting Contractor’s indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide, and continuously maintain at its own expense during the term of the Agreement, and shall require any and all Subcontractors and Subconsultants of every Tier to obtain and maintain, policies of insurance of the type and amounts described below and in form satisfactory to the City.

Minimum Scope and Limits of Insurance
 Contractor shall maintain limits no less than: $2,000,000 General Liability (including operations, products and completed operations) per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as Insurance Services Office (ISO) Commercial General Liability coverage form CG 00 01. General liability policies shall be endorsed using ISO forms CG 20 10 and CG 20 37 to provide that the City and its officers, officials, employees and agents shall be additional insureds under such policies.  $2,000,000 Automobile Liability combined single limit per accident for bodily injury or property damage at least as broad as ISO Form CA 00 01 for all activities of Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles. Automobile Liability policies shall be endorsed to provide that the City and its officers, officials, employees and agents shall be additional insureds under such policies.
 Worker’s Compensation as required by the State of California and $1,000,000 Employer’s Liability per accident for bodily injury or disease. Contractor shall submit to the City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, and volunteers.

Waiver of Subrogation
All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, and 42 volunteers, or shall specifically allow Contractor, or others providing insurance evidence in compliance with these specifications, to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City and shall require similar written express waivers and insurance clauses from each of its subconsultants or subcontractors.

Notice of Cancellation
Contractor agrees to oblige its insurance agent or broker and insurers to provide to the City with thirty (30) calendar days notice of cancellation (except for nonpayment for which ten (10) calendar days notice is required) or nonrenewal of coverage for each required coverage.

Self-insured Retentions
Any self-insured retentions must be declared to and approved by the City. The City reserves the right to require that self-insured retentions be eliminated, lowered or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by the City’s Risk Manager.

Timely Notice of Claims
Contractor shall give the City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

Additional Insurance
Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgement may be necessary for its proper protection and prosecution of the Work.
43 HOLD HARMLESS AND INDEMNIFICATION AGREEMENT
Contractor shall indemnify, defend and hold harmless, City of Madera, And its officers, officials, employees and agents of the above from and against all claims, damages, losses and expenses including attorney fees arising out of the performance of the work described herein, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of the Entity. 44 PAGE INTENTIONALLY LEFT BLANK
SECTION 1

GENERAL CONDITIONS

THIS PAGE INTENTIONALLY LEFT BLANK

1.1 SECTION 1

GENERAL CONDITIONS
1-1 DEFINITIONS - Wherever used in the CONTRACT DOCUMENTS, the following terms shall have the meanings indicated, which shall be applicable to both the singular and plural thereof:

AASHTO - American Association of State Highway and Transportation Officials, current designation as of the Bid date unless otherwise indicated.

ACCEPTANCE - Project approved by Resolution or Minute Order of City Council of Madera.

ADDENDA - Written or graphic instruments issued prior to the execution of the Agreement which modify or interpret the CONTRACT DOCUMENTS, DRAWINGS and SPECIFICATIONS, by additions, deletions, clarifications or corrections.

ANSI - American National Standards Institute, current designation as of the Bid date unless otherwise.

ASME - American Society of Mechanical Engineers, current designation as of the Bid date unless otherwise indicated.

ASTM - American Society for Testing Materials, current designation as of the Bid date unless otherwise indicated.

AWWA - American Water Works Association, current designation as of the Bid date unless otherwise specified.

BID - The offer or proposal of the BIDDER submitted on the prescribed form setting forth the prices for the WORK to be performed.

BIDDER - Any person, firm or corporation submitting a BID for the WORK.

BONDS - Bid, Performance and Payment Bonds and other instruments of security, furnished by the CONTRACTOR and his surety in accordance with the CONTRACT DOCUMENTS.

BUSINESS LICENSE - A City of Madera Business License required for payment of the business tax based on gross receipts.

CALENDAR DAY - Each and every day of the year, including weekends and holidays.

CHANGE ORDER - A written order to the CONTRACTOR authorizing an addition, deletion or revision in the WORK within the general scope of the CONTRACT DOCUMENTS, or authorizing an adjustment in the CONTRACT PRICE or CONTRACT TIME.

COMPLETION - That date as certified by the ENGINEER when the construction of the PROJECT or a specified part thereof is sufficiently completed, in accordance with the CONTRACT DOCUMENTS so that the PROJECT or specified part can be utilized; or the purposes for which it is intended.

CONTRACT DOCUMENTS - The Contract, including Advertisement for Bids, Information for Bidders, BID, including Bid Representations and Certifications, Bid Bond, Agreement, Payment

1.2 Bond, Performance Bond, NOTICE OF AWARD, NOTICE TO PROCEED, CHANGE ORDER, General Conditions, Special Conditions, SPECIFICATIONS, DRAWINGS AND ADDENDA.

CONTRACT PRICE - The total moneys payable to the CONTRACTOR under the terms and conditions of the CONTRACT DOCUMENTS.

CONTRACT TIME - The number of calendar days stated in the CONTRACT DOCUMENTS for the completion of the WORK.

CONTRACTOR - The person, firm or corporation with whom the OWNER has executed the Agreement.

DRAWINGS - The part of the CONTRACT DOCUMENTS which shows the characteristics and scope of the WORK to be performed and which have been prepared or approved by the CITY ENGINEER.

ENGINEER - The City Engineer of the City of Madera, California FIELD ORDER - A written order effecting a change in the WORK not involving an adjustment in the CONTRACT PRICE or an extension of the CONTRACT TIME, issued by the ENGINEER to the CONTRACTOR during construction.

IEEE - Institute of Electrical and Electronics Engineers, current designation as of the Bid date unless otherwise indicated.

NEC - National Electric Code, current designation as of the Bid date, unless otherwise indicated.

NEMA - National Electrical Manufacturers Association, current designation as of the Bid date unless otherwise indicated.

NOTICE OF AWARD - The written notice of the acceptance of the BID from the OWNER to the successful BIDDER.

NOTICE TO PROCEED - Written communication issued by the OWNER to the CONTRACTOR authorizing him to proceed with the WORK and establishing the date of commencement of the WORK.

OWNER - The City of Madera, for whom the WORK is to be performed.

PROJECT - The undertaking to be performed as provided in the CONTRACT DOCUMENTS.

SHOP DRAWINGS - All drawings, diagrams, illustrations, brochures, schedules and other data which are prepared by the CONTRACTOR, a SUBCONTRACTOR, manufacturer, supplier or distributor, which illustrate how specific portions of the WORK shall be fabricated or installed.

SJVAPCD - San Joaquin Valley Air Pollution Control District SPECIFICATIONS - A part of the CONTRACT DOCUMENTS consisting of written descriptions of a technical nature of materials, equipment, construction systems, standards and workmanship.

1.3 STATE STANDARD SPECIFICATIONS - State of California, Department of Transportation Standard Specifications, latest Edition. Metric units shall be converted to English unit equivalents where applicable.

CALIFORNIA MANUAL ON TRAFFIC CONTROL DEVICES FOR STREETS & HIGHWAYS - FHWA’s MUTCD 2023 Edition, as approved for use in California.

SUBCONTRACTOR - An individual, firm or corporation having a direct contract with the CONTRACTOR or with any other SUBCONTRACTOR for the performance of a part of the WORK at the site.

SUPPLIER - Any person or organization who supplies materials or equipment for the WORK, including that fabricated to a special design, but who does not perform labor at the site.

SWPPP - Storm Water Pollution Prevention Plan on file with the City Engineer.

UNI - Uni-Bell Plastic Pipe Association, current designation as of the Bid date unless otherwise specified.

WORK - All labor necessary to produce the construction required by the CONTRACT DOCUMENTS, and all materials and equipment incorporated or to be incorporated in the PROJECT.

WRITTEN NOTICE - Any notice to any party of the Agreement relative to any part of this Agreement in writing and considered delivered and the service thereof completed, when posted by certified or registered mail to the said party at his last given address, or delivered in person to said party or his authorized representative on the WORK. 1-2 ADDITIONAL INSTRUCTIONS AND DETAIL DRAWINGS - The CONTRACTOR may be furnished additional instructions and detail drawings by the ENGINEER, as necessary to carry out the WORK required by the CONTRACT DOCUMENTS.

The additional drawings and instructions thus supplied will become a part of the CONTRACT DOCUMENTS. The CONTRACTOR shall carry out the WORK in accordance with the additional detail drawings and instructions.
1-3 SCHEDULES, REPORTS AND RECORDS - The CONTRACTOR shall submit to the OWNER such schedules, reports, records and other data as the OWNER may request concerning WORK performed or to be performed. Prior to the first partial payment estimate, the CONTRACTOR shall submit schedules showing the order in which he proposes to carry on the WORK, including dates at which he will start the various parts of the WORK, estimated date of completion of each part and, as applicable, the dates at which special detail drawings will be required, and respective dates for submission of SHOP DRAWINGS, the beginning of manufacture, the testing and the installation of materials, supplies and equipment. The CONTRACTOR shall also submit a schedule of payments that he anticipates he will earn during the course of the WORK. The CONTRACTOR shall not be entitled to any payment until he has submitted the schedule, reports and records required under this Section. The CONTRACTOR shall revise or update the schedule whenever requested to do so by the ENGINEER.
1-4 DRAWINGS AND SPECIFICATIONS - The intent of the DRAWINGS and SPECIFICATIONS is that the CONTRACTOR shall furnish all labor, materials, tools, equipment, and transportation necessary for the proper execution of the WORK in accordance with the

1.4 CONTRACT DOCUMENTS and all incidental work necessary to complete the PROJECT in an acceptable manner, ready for use, occupancy or operation by the OWNER.

In case of conflict between the DRAWINGS and SPECIFICATIONS, the SPECIFICATIONS shall govern. Figure dimensions on DRAWINGS shall govern over scale dimensions, and detailed DRAWINGS shall govern over general DRAWINGS. Any discrepancies found between the DRAWINGS AND SPECIFICATIONS and site conditions or any inconsistencies or ambiguities in the DRAWINGS or SPECIFICATIONS shall be immediately reported to the ENGINEER, in writing, who shall promptly correct such inconsistencies or ambiguities in writing. WORK done by the CONTRACTOR after his discovery of such discrepancies, inconsistencies or ambiguities shall be done at the CONTRACTOR'S risk.

The OWNER will furnish to the CONTRACTOR, free of charge, all copies of DRAWINGS AND SPECIFICATIONS reasonably necessary for the execution of the WORK. The CONTRACTOR shall keep one copy of all current DRAWINGS AND SPECIFICATIONS on the job site, in good order, available to the ENGINEER and his representatives.

ALL DRAWINGS, SPECIFICATIONS, and copies thereof furnished by the OWNER are the property of the ENGINEER. They are not to be used on other work, and, with the exception of the signed Contract set, are to be returned to the ENGINEER on request, at the completion of the WORK.
1-5 PRECEDENCE OF CONTRACT DOCUMENTS - The order of precedence of documents shall be:

1. Rules and Regulations of State Agencies relating to the source of funds for a project.

2. Permits from other agencies as may be required by law.

3. Supplemental Agreements, Change Orders, or Contract, the one dated later having precedence over another dated earlier.

4. Special Conditions.

5. General Conditions.

6. Technical Specifications.

7. Plans.

8. Standard specifications.

9. Standard Plans.

Change orders, supplemental agreements and approved revisions to plans and specifications will take precedence over documents listed above. Detailed plans shall have precedence over general plans.

Whenever any conflict appears in any portions of the contract, it shall be resolved by application of the order of precedence.
1-6 SHOP DRAWINGS - The CONTRACTOR shall provide SHOP DRAWINGS as may be necessary for the prosecution of the WORK as required by the CONTRACT DOCUMENTS.

For each item where a SHOP DRAWING is required, the CONTRACTOR shall submit a minimum of six (6) prints. The ENGINEER shall promptly review all SHOP DRAWINGS and retain three sets after his review. All additional copies shall be returned to the CONTRACTOR. If the CONTRACTOR requires more than three prints returned, he shall accordingly increase the number of prints submitted to the ENGINEER. The ENGINEER'S review of any SHOP DRAWINGS shall not release the CONTRACTOR from responsibility for deviations from the CONTRACT DOCUMENTS. The review of any SHOP DRAWING which substantially deviates from the requirements of the CONTRACT DOCUMENTS shall be evidenced by a CHANGE ORDER.

1.5 When submitted for the ENGINEER'S review, SHOP DRAWINGS shall bear the CONTRACTOR'S certification that he has reviewed, checked and approved the SHOP DRAWINGS and that they are in conformance with the requirements of the CONTRACT DOCUMENTS.

Portions of the WORK requiring a SHOP DRAWING or sample submission shall not begin until the SHOP DRAWING or submission has been reviewed by the ENGINEER. A copy of each SHOP DRAWING and each sample shall be kept in good order by the CONTRACTOR at the site and shall be available to the ENGINEER.
1-7 MATERIALS, SERVICES AND FACILITIES - It is understood that, except as otherwise specifically stated in the CONTRACT DOCUMENTS, the CONTRACTOR shall provide and pay for all materials, labor, tools, equipment, water, light, power, transportation, supervision, and all other services and facilities of any nature whatsoever necessary to execute, complete, and deliver the WORK within the specified time.

Materials and equipment shall be so stored as to insure the preservation of their quality and fitness for the WORK. Stored materials and equipment to be incorporated in the WORK shall be located so as to facilitate prompt inspection.

Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer.

Materials, supplies, and equipment shall be in accordance with samples submitted by the CONTRACTOR and reviewed by the ENGINEER.

Materials, supplies or equipment to be incorporated into the WORK shall not be purchased by the CONTRACTOR or any SUBCONTRACTOR subject to a chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller. 1-8 INSPECTION AND TESTING - All materials and equipment used in the construction of the PROJECT shall be subject to adequate inspection and testing in accordance with generally accepted standards, as required and defined in the CONTRACT DOCUMENTS. No work requiring material testing or material inspection shall be performed on Saturdays, Sundays, or City-designated holidays.

All initial compaction and materials tests shall be performed at no expense to the CONTRACTOR. The cost of each subsequent retest shall be paid for by the CONTRACTOR if the first tests fail to meet the required relative compaction or specified strength. Additional materials testing shall be performed by the OWNER at the CONTRACTOR's expense as described in the various sections of the Technical Specifications.

The OWNER shall provide all other inspection and testing services not required by the CONTRACT DOCUMENTS. If the CONTRACT DOCUMENTS, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction specifically require any WORK to be inspected, tested, approved by someone other than the CONTRACTOR, the CONTRACTOR will give the ENGINEER timely notice of readiness. The CONTRACTOR will furnish the ENGINEER the required certificates of inspection, testing or approval.

Neither observations by the ENGINEER nor inspections, tests or approvals by persons other than the CONTRACTOR shall relieve the CONTRACTOR from his obligations to perform the WORK in accordance with the requirements of the CONTRACT DOCUMENTS.

1.6 The ENGINEER and his representatives will at all times have access to the WORK. In addition, authorized representatives and agents of the OWNER and appropriate Federal or State agencies shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials, and other relevant data and records. The CONTRACTOR will provide proper facilities for such access and observation of the WORK and also for any inspection or testing thereof.

If any WORK is covered contrary to the written request of the ENGINEER, it must, if requested by the ENGINEER, be uncovered for his observation and replaced at the CONTRACTOR'S expense.

If any WORK has been covered which the Engineer has not specifically requested to observe prior to its being covered, or if the ENGINEER considers it necessary or advisable that covered WORK be inspected or tested by others, the CONTRACTOR, at the ENGINEER'S request, will uncover, expose or otherwise make available for observation, inspection or testing as the ENGINEER may require, that portion of the WORK in question, furnishing all necessary labor, materials, tools, and equipment. If it is found that such WORK is defective, the CONTRACTOR will bear all the expenses of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction. If, however, such WORK is not found to be defective, the CONTRACTOR will be allowed an increase in the CONTRACT PRICE or an extension of the CONTRACT TIME, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction and an appropriate CHANGE ORDER shall be issued. 1-9 SUBSTITUTIONS - Wherever a material, article or piece of equipment is identified on the DRAWINGS or SPECIFICATIONS by reference to brand name or catalogue number, it shall be understood that this is referenced for the purpose of defining the performance or other salient requirements and that other products of equal capacities, quality and function shall be considered. The CONTRACTOR may recommend the substitution of a material, article or piece of equipment of equal substance and function for those referred to in the CONTRACT DOCUMENTS by reference to brand name or catalogue number, and if, in the opinion of the ENGINEER, such material, article, or piece of equipment is of equal substance and function to that specified, the ENGINEER may approve its substitution and use by the CONTRACTOR.

The CONTRACTOR warrants that if substitutes are approved, no major changes in the function or general design of the PROJECT will result. Incidental changes or extra component parts required to accommodate the substitute will be made by the CONTRACTOR without a change in the CONTRACT PRICE or CONTRACT TIME.
1-10 PATENTS - The CONTRACTOR shall pay all applicable royalties and license fees. He shall defend all suits or claims for infringement of any patent rights and save the OWNER harmless from loss on account thereof, except that the OWNER shall be responsible for any such loss when a particular process, design, or the product of a particular manufacturer or manufacturers is specified, but if the CONTRACTOR has reason to believe that the design, process or product specified is an infringement of a patent, he shall be responsible for such loss unless he promptly gives such information to the ENGINEER.
1-11 SURVEYS, PERMITS AND REGULATIONS - Control staking by the ENGINEER is limited to providing a reference line and temporary or permanent benchmarks for the CONTRACTOR’s use in staking the project to conform to the plans. Center line monuments will be referenced by the ENGINEER to facilitate replacement after the job is completed. Where possible, center line monuments and all other survey monuments in or adjacent to the project shall be preserved. The cost of replacement of monuments, which in the opinion of the ENGINEER need not have been destroyed, shall be deducted from the moneys due or to become due the Contractor for this project. Supplementary construction staking information to be provided by

1.7 the ENGINEER shall consist of electronic drawing files in the AUTOCAD format currently in use by the Design Engineer.

When monuments exist that control the location of boundaries, roads, streets, or provide survey control, the monuments shall be located and referenced by or under the direction of a licensed land surveyor or registered civil engineer prior to the time when any streets or other rights-of-way are improved or reconstructed and a corner record or record of survey of the references shall be filed with the County Surveyor. They shall be reset in the surface of the new construction in the manner shown on the DRAWINGS to perpetuate their location and a corner record or record of survey shall be filed with the County Surveyor prior to the recording of a Certificate of Completion for the project. It shall be the responsibility of the CONTRACTOR to provide for the monumentation required by this section.

All construction staking shall be the responsibility of the CONTRACTOR. Construction staking costs shall be included in the unit price of the various items of work and no additional monies shall be paid.

Reference lines and marks set by the ENGINEER shall be carefully preserved by the CONTRACTOR. In case such references or markings are destroyed or damaged by reason of the CONTRACTOR's operations, the cost of restoring them will be deducted from any moneys due or to become due the CONTRACTOR. Unless otherwise shown, all measurements and elevations on the plans are in feet and decimals of a foot.

The CONTRACTOR shall make a general check of all lines, dimensions and elevations and shall make all necessary rechecks during the progress of the WORK to avoid errors in construction. The CONTRACTOR shall be responsible for proper dimensions and fittings of all items of WORK being performed by him. Should any discrepancy be found in lines, dimensions, or elevations, they shall be reported to the ENGINEER immediately.

The CONTRACTOR shall protect all existing property and survey monuments, including survey control monuments for this WORK. Where it is necessary to disturb existing property, survey or control monuments in order to permit the prosecution of the WORK within the permanent and construction right-of-way, such monuments shall be reset by the CONTRACTOR. Such monuments shall not be disturbed during the prosecution of the WORK unless the CONTRACTOR has given the OWNER a minimum of 72 hours notice of the CONTRACTOR'S intent to disturb such monuments during the prosecution of his WORK. 1-12 LICENSE(S) & PERMITS - The CONTRACTOR shall have a City Business License prior to the beginning of WORK. Permits and licenses of a temporary nature necessary for the prosecution of the WORK shall be secured and paid for by the CONTRACTOR. Permits, licenses and easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by the OWNER, unless otherwise specified. The CONTRACTOR shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the WORK as drawn and specified. If the CONTRACTOR observes that the CONTRACT DOCUMENTS are at variance therewith, he shall promptly notify the ENGINEER in writing, and any necessary changes shall be adjusted as provided in Section 1-14, CHANGES IN THE WORK.
1-13 PROTECTION OF WORK, PROPERTY AND PERSONS - The CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the WORK. He will take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to all employees on the WORK and other persons who may be affected thereby, all the WORK and all materials or equipment to be incorporated therein, whether in storage on or off the site, and other property

1.8 at the site or adjacent thereto, including trees, shrubs, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction.

The CONTRACTOR shall comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction. He shall erect and maintain, as required by the conditions and progress of the WORK, all necessary safeguards for safety and protection. He shall notify owners of adjacent utilities when prosecution of the WORK may affect them. The CONTRACTOR shall remedy all damage, injury or loss to any property caused, directly or indirectly, in whole or in part, by the CONTRACTOR, any SUBCONTRACTOR or anyone directly or indirectly, in whole or in part, by the CONTRACTOR, any SUBCONTRACTOR or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except damage or loss attributable to the fault of the CONTRACT DOCUMENTS or to the acts or omissions of the OWNER or the ENGINEER or anyone employed by either of them or anyone for whose acts either of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of the CONTRACTOR.

In emergencies affecting the safety of persons or the WORK or property at the site or adjacent thereto, the CONTRACTOR, without special instruction or authorization from the ENGINEER or OWNER, shall act to prevent threatened damage, injury or loss. He will give the ENGINEER prompt WRITTEN NOTICE of any significant changes in the WORK or deviations from the CONTRACT DOCUMENTS caused thereby, and a CHANGE ORDER shall thereupon be issued covering the changes and deviations involved.
1-14 SUPERVISION BY CONTRACTOR - The CONTRACTOR shall supervise and direct the WORK. He shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. The CONTRACTOR shall employ and maintain on the WORK a qualified supervisor or superintendent who shall have been designated in writing by the CONTRACTOR as the CONTRACTOR'S representative at the site. The supervisor shall have full authority to act on behalf of the CONTRACTOR and all communications given to the supervisor shall be as binding as if given to the CONTRACTOR. The supervisor shall be present on the site at all times as required to perform adequate supervision and coordination of the WORK.
1-15 CHANGES IN THE WORK - The OWNER may at any time, as the need arises, order changes within the scope of the WORK without invalidating the Agreement. If such changes increase or decrease the amount due under the CONTRACT DOCUMENTS, or in the time required for performance of the WORK, an equitable adjustment shall be authorized by CHANGE ORDER.

The ENGINEER may also, at any time, by issuing a FIELD ORDER, make changes in the details of the WORK. The CONTRACTOR shall proceed with the performance of any changes in the WORK so ordered by the ENGINEER unless the CONTRACTOR believes that such FIELD ORDER entitles him to a change in CONTRACT PRICE or CONTRACT TIME, or both, in which event he shall give the ENGINEER WRITTEN NOTICE thereof within seven (7) days after the receipt of the ordered change, and the CONTRACTOR shall not execute such changes pending the receipt of an executed CHANGE ORDER or further instruction from the OWNER.
1-16 CHANGES IN CONTRACT PRICE - The CONTRACT PRICE may be changed only by a CHANGE ORDER. The value of any WORK covered by a CHANGE ORDER or any claim for increase or decrease in the CONTRACT PRICE shall be determined by one or more of the following methods in the order of precedence listed below:
(A) Unit prices previously approved.

1.9 (B) An agreed lump sum.
(C) If a lump sum or unit price cannot be mutually agreed upon, the CONTRACTOR shall be entitled to the sum of the following costs of doing the extra work:
(1) Direct Labor Costs. Charges for cost of all the labor furnished and used by the CONTRACTOR shall be made for manual classifications up to and including general foreman. It will not include charges for Assistant Superintendents, Superintendents, Office Personnel, Timekeepers, and Maintenance Mechanics. The time charged to extra work shall be subject to the daily approval of the ENGINEER and evidence of such daily approval shall be submitted with the billing.

Labor rates used to calculate the costs shall be those so designated in the Advertisement for Bids. No time or charges will be allowed, except when the men are actually engaged in the proper, efficient, and diligent performance or completion of the extra work as authorized. Overtime shall not be worked without prior approval by the ENGINEER.
(2) Equipment Costs. Charges for the rental and operation of the equipment furnished and used by the CONTRACTOR shall be made for all prime construction and automotive equipment. It will not include charges for equipment or tools with a new cost of $500.00 or less. Equipment time charges must be subject to the daily approval of the ENGINEER and evidence of such daily approval submitted with the billing. The equipment rental and operation rates used shall be those agreed upon by the ENGINEER and the CONTRACTOR prior to commencement of the extra work. No time or charges will be allowed except when equipment is actually being used for the proper and efficient performance or completion of the extra work as authorized. (3) Material Costs. Charges for the cost of materials furnished by the CONTRACTOR shall be made providing such furnishing was specifically authorized in the extra work order and the actual use verified by the ENGINEER. Charges must be net cost to the CONTRACTOR delivered at the job, and vendor's invoice must accompany the billing along with verification of use of such materials by the ENGINEER. (4) Tools, Supplies, Overhead, Supervision, and Profit. A charge for tools, supplies, overhead, supervision and profit will be allowed in the amount of 15% of the total Direct Labor Costs and Material Costs, as defined above, and 5% for work by Subcontractors.

Any extra work performed hereunder shall be subject to all of the provisions of the CONTRACT and the CONTRACTOR'S sureties shall be bound with reference thereto as under the CONTRACT.
1-17 TIME FOR COMPLETION AND LIQUIDATED DAMAGES - The date of beginning and the time for completion of the WORK are essential conditions of the CONTRACT DOCUMENTS and the WORK embraced shall be commenced on a date specified in the NOTICE TO PROCEED and be fully completed in sixty (60) calendar days.

Time is of the essence in this agreement. The CONTRACTOR shall proceed with the WORK at such rate of progress to insure full completion within the CONTRACT TIME. It is expressly understood and agreed, by and between the CONTRACTOR and the OWNER, that the CONTRACT TIME for the completion of the WORK, or specific portions of the WORK, described herein in a reasonable time.

1.10 The parties hereto agree that it is extremely difficult and impractical in this case to determine the actual damages the OWNER will suffer if the CONTRACTOR fails to complete the WORK within the CONTRACT TIME and for said reason, if the CONTRACTOR shall fail to complete the WORK within the CONTRACT TIME, or extension of time granted by the OWNER, then the CONTRACTOR will pay to the OWNER, the amount for liquidated damages as specified in the BID for each calendar day that the CONTRACTOR shall be in default after the time stipulated in the CONTRACT DOCUMENTS. The time for completion of the WORK shall be extended, and the CONTRACTOR shall not be charged with liquidated damages or any excess cost when the delay in completion of the WORK is due to the following, and the CONTRACTOR has promptly given WRITTEN NOTICE of such delay to the OWNER or ENGINEER:

A. To any preference, priority or allocation order duly issued by the OWNER.

B. To unforeseeable causes beyond the control and without the fault or negligence of the CONTRACTOR, including but not restricted to, acts of God or of the public enemy, acts of the OWNER, acts of another CONTRACTOR in the performance of a contract with the OWNER, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and climatic conditions which, in the opinion of the ENGINEER, make prosecution of the WORK unreasonably difficult.

C. To any delays of SUBCONTRACTORS occasioned by any of the causes specified in the above paragraphs.
1-18 CORRECTION OF WORK - The CONTRACTOR shall promptly remove from the premises all WORK rejected by the ENGINEER for failure to comply with the CONTRACT DOCUMENTS, whether incorporated in the construction or not, and the CONTRACTOR shall promptly replace and re-execute the WORK in accordance with the CONTRACT DOCUMENTS and without expense to the OWNER shall bear the expense of making good all WORK of other contractors destroyed or damaged by such removal or replacement.
1-19 SUSPENSION OF WORK, TERMINATION AND DELAY - The OWNER may, at any time and without cause, suspend the WORK or any portion thereof for a period of not more than ninety (90) days, or such further time as agreed upon by the CONTRACTOR, by WRITTEN NOTICE to the CONTRACTOR and the ENGINEER, which notice shall fix the date on which WORK shall be resumed. The CONTRACTOR will resume that WORK on the date so fixed. The CONTRACTOR will be allowed an increase in the CONTRACT PRICE or an extension of the CONTRACT TIME, or both, directly attributable to any such suspension.

If the CONTRACTOR is adjudged as bankrupt or insolvent, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for the CONTRACTOR or for any of his property, or if he files a petition to take advantage of any debtor's act, or to reorganize under the bankruptcy or applicable laws, or if he repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment, or if he repeatedly fails to make prompt payments to SUBCONTRACTORS or for labor, material or equipment or if he disregards laws, ordinances, rules, regulations or orders of any public body having jurisdiction of the WORK or if he disregards the authority of the ENGINEER, or if he otherwise violates any provision of the CONTRACT DOCUMENTS, then the OWNER may, without prejudice to any other right or remedy and after giving the CONTRACTOR and his surety a minimum of ten (10) days from delivery of a WRITTEN NOTICE, terminate the services of the CONTRACTOR and take possession of the PROJECT and of all the materials, equipment, tools, constructing equipment and machinery thereon owned by the CONTRACTOR, and finish the WORK by whatever method he may deem expedient. In such case the CONTRACTOR shall not be entitled to receive any further payment until the WORK is finished. If the unpaid balance of the CONTRACT PRICE exceeds the direct and indirect costs of completing the PROJECT,

1.11 including compensation for additional professional services, such excess shall be paid to the CONTRACTOR. If such costs exceed such unpaid balance, the CONTRACTOR shall pay the difference to the OWNER.

Such costs incurred by the OWNER will be determined by the ENGINEER and incorporated in a CHANGE ORDER.

Where the CONTRACTOR'S services have been so terminated by the OWNER, said termination shall not affect any right of the OWNER against the CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys by the OWNER due the CONTRACTOR will not release the CONTRACTOR from compliance with the CONTRACT DOCUMENTS.

After ten (10) days from delivery of a WRITTEN NOTICE to the CONTRACTOR and the ENGINEER, the OWNER may without cause and without prejudice to any other right or remedy, elect to abandon the PROJECT and terminate the Contract. In such case, the CONTRACTOR shall be paid for all WORK executed and any expense sustained plus reasonable profit.

If, through no act or fault of the CONTRACTOR, the WORK is suspended for a period of more than ninety (90) days by the OWNER or under an order of court or other public authority, or the ENGINEER fails to act on any request for payment within thirty (30) days after it is submitted, or the OWNER fails to pay the CONTRACTOR substantially the sum approved by the ENGINEER or awarded by arbitrators within thirty (30) days of its approval and presentation, then the CONTRACTOR may, after the (10) days from delivery of a WRITTEN NOTICE to the OWNER and the ENGINEER, terminate the Contract and recover from the OWNER payment for all WORK executed and all expenses sustained. In addition and in lieu of terminating the Contract, if the ENGINEER has failed to act on a request for payment or if the OWNER has failed to make any payment as aforesaid, the CONTRACTOR may upon ten (10) days notice to the OWNER and the ENGINEER stop the WORK until he has been paid all amounts then due, in which event and upon resumption of the WORK, CHANGE ORDERS shall be issued for adjusting the CONTRACT PRICE or extending the CONTRACT TIME or both to compensate for the costs and delays attributable to the stoppage of the WORK.

If the performance of all or any portion of the WORK is suspended, delayed, or interrupted as a result of a failure of the OWNER or ENGINEER to act within the time specified in the CONTRACT DOCUMENTS, or, if no time is specified, within a reasonable time, an adjustment in the CONTRACT PRICE or an extension of the CONTRACT TIME, or both, shall be made by CHANGE ORDER to compensate the CONTRACTOR for the costs and delays necessarily caused by the failure of the OWNER or ENGINEER.
1-20 PROGRESS ESTIMATE - On or about the last day of the calendar month, the CONTRACTOR will, except as hereinafter provided, make in writing and certify to the ENGINEER an estimate of the amount and value of the work completed by the CONTRACTOR up to that time in the performance of the Contract. In case of work for which unit prices are named in the Contract, the estimate shall be computed on the basis of said unit prices. In the case of work for which a lump sum is named in the Contract, the CONTRACTOR may use a breakdown of the lump sum price, provided that such breakdown is submitted within 15 calendar days after the execution of the Contract Agreement in a form acceptable to the ENGINEER. No payment will be made to the CONTRACTOR until such schedule has been submitted to and reviewed by the ENGINEER. To the figure thus arrived at shall be added any amounts due the CONTRACTOR for extra work and the amount of any approved claims for extra costs to the date of the Progress Estimate. The retained percentage hereinafter provided for shall be deducted from the total thus computed; and from the remainder, there shall be further deducted

1.12 any amounts due the OWNER from the CONTRACTOR for supplies or materials furnished or services rendered and any other amounts that may be due the OWNER under the terms of the Contract. In preparing estimates for partial payments, consideration shall be given to delivery on the site of pipe, valves, fittings and miscellaneous metal which will become a part of the finished construction work and for which payment in full has been made by the CONTRACTOR, but no consideration will be given to preparatory work done or other materials on hand. From the balance thus determined shall be deducted the amount of all previous payments and the remainder shall constitute the partial estimate for that month. Such partial estimates shall not be required to be made by strict measurement, but may be made by measurement or by estimation or partly by one method and partly by the other and it shall be sufficient if they are approximate only. Partial estimates may be withheld or reduced if, in the opinion of the ENGINEER, the CONTRACTOR is not diligently and efficiently endeavoring to comply with the intent of the Contract. No such estimate or payment shall be construed to be an acceptance of any defective work or improper materials. Progress estimates shall be made in the form of itemized invoices in triplicate and shall be submitted together with the data set forth below:

A recapitulation showing balance due current month as follows:

Total Contract Price
Extra Work Ordered
Total Contract Price w/ CCO’s
Gross Earnings to Date
(Including extra work ordered)
Less 10% of gross Earnings to Date
Net Earnings to Date
Less Previous Claims
Balance Due this Claim
1-21 PROGRESS PAYMENTS - The OWNER will make payments on account of the Contract as follows: Not later than the 30th day of the month following the month in which the Contract is awarded, and the 30th day of each calendar month thereafter, the OWNER will pay to the CONTRACTOR 95% (5% retention) of the amount earned by the CONTRACTOR during the preceding month at the rate of prices set forth in the Contract, based on the estimate of the CONTRACTOR as reviewed and approved by the ENGINEER. At the request and expense of the CONTRACTOR 100% of the amount earned, which is funded by non-federal moneys, will be paid as specified above provided securities are substituted for the retention withheld.

Securities shall be deposited with the OWNER or with a State or federally chartered bank as the escrow agent. In the event the securities are to be deposited with an escrow agent, CONTRACTOR agrees to execute any and all necessary documents including an escrow agreement substantially similar to the form set forth in Public Contract Code, Section 22300.

Securities eligible for substitution shall include those listed in Section 16430 of the Government Code or bank or savings and loan certificates of deposit. The CONTRACTOR shall be the beneficial owner of any securities substituted for moneys withheld and shall receive any interest thereon. If the OWNER fails to make payment by the date specified above, in addition to other remedies available to the CONTRACTOR, there shall be added to each such payment

1.13 interest at the maximum legal rate commencing on the first day after said payment is received by the CONTRACTOR.

The retention will be held by the OWNER or the securities will be held by the OWNER or escrow agent until thirty five (35) days following filing of the Notice of Completion. 1-22 FINAL ESTIMATE - Upon completion of the contract and final inspection and acceptance by the ENGINEER, the ENGINEER shall prepare a final estimate of quantities and the value of such work and the OWNER shall pay to the CONTRACTOR the entire sum so found to be due after deducting therefrom all previous payments and all amounts to be retained under the provisions of the CONTRACT. All prior progress estimates and payments shall be subject to correction in the final estimate and payment.
1-23 ACCEPTANCE & FINAL PAYMENT - Upon receipt of the WRITTEN NOTICE from the CONTRACTOR that the WORK is ready for final inspection and acceptance, the ENGINEER will promptly make such inspection, and when he finds the WORK acceptable under the CONTRACT, and the CONTRACT fully performed, he will promptly issue a final certificate, over his own signature, stating that the WORK required by this Contract has been completed and recommending acceptance of the Work by the OWNER. The OWNER, after acceptance of the work by City Council, then shall issue a formal Notice of Acceptance, and the entire balance found to be due shall be paid to the CONTRACTOR by the OWNER thirty five (35) days from the date of recording by the OWNER of the Notice of Acceptance of all WORK covered by this Contract.

Before issuance of the Notice of Acceptance, the CONTRACTOR shall submit evidence satisfactory to the OWNER that all payrolls, materials bills, and other indebtedness connected with the WORK have been paid, or if not paid, then the CONTRACTOR shall submit evidence of the status of any unpaid indebtedness.

The making and acceptance of the final payment shall constitute a waiver of all claims by the OWNER except the following:

A. those arising from unsettled liens;
B. those arising from faulty work appearing within twelve (12) months after the date of filing of the Notice of Acceptance;
C. those arising from failure to meet the requirements of the SPECIFICATIONS; or, D. those arising from manufacturers' guarantees.

It shall also constitute a waiver of all claims by the CONTRACTOR except those previously made and still unsettled.

All prior certificates upon which partial payment may have been made, being merely estimates, shall be subject to a correction on the final certificate. 1-24 QUANTITIES & UNIT PRICES - The quantities noted in the schedule are approximations for comparing BIDS, and no claim shall be made against the OWNER for excess or deficiency therein. Payment at the unit or lump sum prices set forth in the schedule will constitute payment in full for the completed WORK and will include materials, supplies, labor, tools, machinery, and all other expenditures incident to satisfactory compliance with the Contract, unless otherwise specifically provided.

1.14 The quantities of WORK performed will be computed for payment by the ENGINEER on the basis of measurements taken by the ENGINEER, and these measurements shall be final and binding.
1-25 PROOF OF CARRIAGE OF INSURANCE - CONTRACTOR shall furnish such insurance coverage as indicated in the section “INSURANCE REQUIREMENTS FOR CONTRACTORS”.

A. "General Liability Special Endorsement"
B. "Automobile Liability Special Endorsement"
C. "Workers' Compensation/Employees Liability Special Endorsement" D. "Certificate of Insurance"
All of the above to be submitted prior to execution of this agreement.

Insurance shall be provided by an insurance company licensed to transact such business in the State of California with a current A.M. Best’s rating of no less than A:VII. Liability insurance shall be written on an "occurrence" basis.

CONTRACTOR shall furnish OWNER, through the ENGINEER, concurrently with the execution thereof, with satisfactory proof of carriage of the insurance required and that each carrier shall give OWNER at least thirty (30) days prior notice of the cancellation of any policy during the effective period of this contract.
1-26 CONTRACT SECURITY - The CONTRACTOR shall, within ten (10) days after the receipt of the NOTICE OF AWARD, furnish the OWNER with a Performance Bond and a Payment Bond in penal sums equal to the amount of the CONTRACT PRICE, conditioned upon the performance by the CONTRACTOR of all undertakings, covenants, terms, conditions and agreements of the CONTRACT DOCUMENTS, and upon the prompt payment by the CONTRACTOR to all persons supplying labor and materials in the prosecution of the WORK provided by the CONTRACT DOCUMENTS.

Such bonds shall be executed by the CONTRACTOR and a corporate bonding company licensed to transact such business in the State of California. The bonding company shall be an admitted surety holding a certificate of authority to transact surety insurance in California issued by the Insurance Commissioner. The expense of these bonds shall be borne by the CONTRACTOR. If at any time a surety on any such bond is declared a bankrupt or loses its right to do business in the state in which the WORK is to be performed, CONTRACTOR shall within ten (10) days after notice from the OWNER to do so, substitute an acceptable bond (or bonds) in such form and sum and signed by such other surety or sureties as may be satisfactory to the OWNER. The premiums on such bond(s) shall be paid by the CONTRACTOR. No further payments shall be deemed due nor shall be made until the new surety or sureties shall have furnished an acceptable bond to the OWNER. 1-27 ASSIGNMENTS - Neither the CONTRACTOR nor the OWNER shall sell, transfer, assign or otherwise dispose of the Contract or any portion thereof, or of his right, title or interest therein, or his obligation thereunder, without written consent to the other party. 1-28 INDEMNIFICATION - The CONTRACTOR will indemnify and hold harmless the OWNER and their officers, agents, employees, from and against all claims, damages, losses and expenses, including attorney's fees, arising out of or resulting from the performance of the WORK, provided that any such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, caused in whole or in part by any negligent or willful act or omission of the CONTRACTOR, or any SUBCONTRACTOR, anyone directly or indirectly employed by any of them or anyone for whose acts any of them

1.15 may be liable. The obligation of the CONTRACTOR under this paragraph shall not extend to the liability of the OWNER, his agents or employees arising out of the preparation or review of maps, DRAWINGS, opinions, reports, surveys, CHANGE ORDERS, design or SPECIFICATIONS.
1-29 SEPARATE CONTRACTS - The OWNER reserves the right to let other contracts in connection with this PROJECT. The CONTRACTOR shall afford other contractors reasonable opportunity for the introduction and storage of their materials and the execution of their WORK, and shall properly connect and coordinate his WORK with theirs. If the proper execution or results of any part of the CONTRACTOR'S work depend upon the work of any other contractor, the CONTRACTOR shall inspect and promptly report to the ENGINEER any defects in such WORK that render it unsuitable for such proper execution and results.

The OWNER may perform additional WORK related to the PROJECT by himself, or he may let other contracts containing provisions similar to these. The CONTRACTOR will afford the other contractors who are parties to such contracts (or the OWNER, if he is performing the additional WORK himself), reasonable opportunity for the introduction and storage of materials and equipment and the execution of WORK, and shall properly connect and coordinate his WORK with theirs.

If the performance of additional WORK by other contractors or the OWNER is not noted in the CONTRACT DOCUMENTS prior to the execution of the Contract, written notice thereof shall be given to the CONTRACTOR prior to starting any such additional WORK. If the CONTRACTOR believes that the performance of such additional WORK by the OWNER or others involves him in additional expense or entitles him to an extension of the CONTRACT TIME, he may make a claim therefore as provided in Sections 1-14 and 1-15. 1-30 SUBCONTRACTING - The CONTRACTOR may utilize the services of specialty SUBCONTRACTORS on those parts of the WORK which, under normal contracting practices, are performed by specialty SUBCONTRACTORS.

The CONTRACTOR shall perform with its own organization contract work amounting to not less than 30 percent of the total original contract bid price, excluding any specialty items designated by the OWNER. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the CONTRACTOR organization (23 CFR 635).

The CONTRACTOR shall be fully responsible to the OWNER for the acts and omissions of his SUBCONTRACTORS, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him.

The CONTRACTOR shall cause appropriate provisions to be inserted in all subcontracts relative to the WORK to bind SUBCONTRACTORS to the CONTRACTOR by the terms of the CONTRACT DOCUMENTS in so far as applicable to the WORK of SUBCONTRACTORS and to give the CONTRACTOR the same power as regards terminating any subcontract that the OWNER may exercise over the CONTRACTOR under any provision of the CONTRACT DOCUMENTS.

Nothing contained in this Contract shall create any contractual relation between any SUBCONTRACTOR and the OWNER.
1-31 ENGINEER'S AUTHORITY - The ENGINEER shall act as the OWNER'S representative. He shall decide questions which may arise as to quality and acceptability of materials furnished

1.16 and WORK performed. He shall interpret the intent of the CONTRACT DOCUMENTS in a fair and unbiased manner. The ENGINEER will make visits to the site and determine if the WORK is proceeding in accordance with the CONTRACT DOCUMENTS.

The CONTRACTOR will be held strictly responsible to the intent of the CONTRACT DOCUMENTS in regard to the quality of materials, workmanship and execution of the WORK.

Inspections may be made at the factory or fabrication plant of the source of material supply.

The ENGINEER will not be responsible for the construction means, controls, techniques, sequences, procedures, or construction safety.
1-32 LAND AND RIGHTS-OF-WAY - Prior to issuance of the NOTICE TO PROCEED, the OWNER shall obtain all land and rights-of-way necessary for carrying out and for the completion of the WORK to be performed pursuant to the CONTRACT DOCUMENTS, unless otherwise mutually agreed.

The OWNER shall provide to the CONTRACTOR information which delineates and describes the lands owned and rights-of-way acquired. The CONTRACTOR shall provide, at his own expense and without liability to the OWNER, any additional land and access thereto that the CONTRACTOR may desire for temporary construction facilities, or for storage of materials. 1-33 GUARANTY - Unless stipulated otherwise in the SPECIFICATIONS, the CONTRACTOR shall guarantee all materials and equipment furnished and WORK performed for a period of one (1) year from the date of completion. The CONTRACTOR warrants and guarantees for a period of one (1) year from the date of completion of the system that the completed system is free from all defects due to faulty materials and workmanship and the CONTRACTOR shall promptly make such corrections as may be necessary by reason of such defects including the repairs of any damage to other parts of the system resulting from such defects. The OWNER will give notice of observed defects with reasonable promptness. In the event that the CONTRACTOR should fail to make such repairs, adjustments, or other WORK that may be made necessary by such defects, the OWNER may do so and charge the CONTRACTOR the cost thereby incurred. The Performance Bond shall remain in full force and effect through the guarantee period.
1-34 TAXES - The CONTRACTOR shall pay all sales, consumer, use and other similar taxes required by the law of the place where the WORK is performed. 1-35 CONTRACTOR'S UNDERSTANDING - It is understood and agreed that the CONTRACTOR has, by careful examination, satisfied himself as to the nature and extent of the WORK, the character, quality, and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the WORK, the general and local conditions, and all other matters which can in any way affect the WORK under this Contract. No verbal agreement or conversation with any officer, agent or employee of the OWNER, either before or after the execution of this Contract, shall affect or modify any of the terms or obligations herein contained.
1-36 ACCIDENTS - The CONTRACTOR shall provide, at the site, such equipment and medical facilities as are necessary to supply first-aid service to anyone who may be injured in connection with the WORK. The CONTRACTOR must promptly report in writing to the ENGINEER all accidents whatsoever arising out of, or in connection with the performance of the WORK, whether on or adjacent to the site which causes death, personal injury, or property damages are caused, the accident shall be reported immediately by telephone or messenger to both the ENGINEER and the OWNER. If any claim is made by anyone against the

1.17 CONTRACTOR or any SUBCONTRACTOR on account of any accident, the CONTRACTOR shall promptly report the facts in writing to the ENGINEER, giving full details of the claim. 1-37 SAFETY AND SANITATION - The CONTRACTOR shall provide adequate safety and sanitation facilities according to State Laws and local ordinances. 1-38 CLIMATIC CONDITIONS - The ENGINEER may order the CONTRACTOR to suspend any WORK that may be subject to damage by climatic conditions. The CONTRACTOR may suspend WORK if climatic conditions are such that the CONTRACTOR is unable to work. In such case, the CONTRACTOR, within seven (7) days, shall request in writing a CHANGE ORDER to extend the CONTRACT TIME.
1-39 OFFICIALS NOT TO BENEFIT - No official of the OWNER shall receive any benefit that may arise by reason of this Contract.
1-40 CLEAN-UP - During the progress of the WORK, the CONTRACTOR shall maintain the site and related structures and equipment in a clean, orderly condition and free from unsightly accumulations of rubbish. Upon completion of the WORK, the CONTRACTOR shall remove from the vicinity of the WORK all plants, buildings, rubbish, unused materials, concrete forms, temporary bridging, and other like material, belonging to him or used under his direction during construction, and in the event of his failure to do so, the same may be removed by the OWNER after ten (10) calendar days notice to the CONTRACTOR at the expense of the CONTRACTOR, and his surety or sureties shall be liable therefore.

As part of the final clean-up, the CONTRACTOR shall dress up and grade the right of way to match existing ground surfaces, and shall remove therefrom all weeds and other growth.

Where the construction has crossed yards or driveways, they shall be restored to a condition equivalent to the condition existing prior to the construction as determined by the ENGINEER.

No direct payment will be made to the CONTRACTOR for any clean-up work, but all compensation therefore shall be included in the prices BID in the schedule for the various items of work.
1-41 UNFAIR BUSINESS PRACTICES CLAIMS; ASSIGNMENT TO AWARDING BODY - In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the CONTRACTOR or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract: This assignment shall be made and become effective at the time the awarding body tenders final payment to the CONTRACTOR, without further acknowledgment by the parties.
1-42 CONSTRUCTION RECORD DRAWINGS - The CONTRACTOR shall maintain a neatly marked set of record drawings showing the final locations and layout of all piping and conduit, structures, and other facilities. Drawings shall be kept current weekly, in full accordance with and showing all field instructions, change orders and construction adjustments. Drawings shall indicate location of subgrade structures left in place.

Drawings shall be subject to the inspection of the ENGINEER at all times and progress payments may be withheld if drawings are not current. At the final inspection the CONTRACTOR shall submit to the inspector, for review and comment by the ENGINEER, one (1) set of marked record drawings. Drawings shall be stamped “AS BUILT”, dated, and signed

1.18 by the CONTRACTOR. The work will not be formally accepted until the drawings are accepted by the ENGINEER.
1-43 STATE LABOR STANDARDS PROVISIONS - State prevailing wage rates shall apply when the State wage rate is higher than the federal wage rate. All CONTRACTORS and SUBCONTRACTORS are subject to the application of Section 1720 et seq. of the California Labor Code which details the regulations and procedures governing the payment of State prevailing wages.

All CONTRACTORS and SUBCONTRACTORS are subject to the provisions of Section 3700 of the California Labor Code which requires that every employer be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of the code.

All CONTRACTORS and SUBCONTRACTORS are subject to the provisions of Section 1810- 1814 of the California Labor Code which provide that the maximum hours a worker is to be employed is limited to eight (8) hours a day and forty (40) hours a week and the CONTRACTOR or SUBCONTRACTOR shall forfeit, as a penalty, twenty-five ($25) dollars for each worker employed in the execution of the Contract for each calendar day during which a worker is required or permitted to labor more than eight (8) hours in any calendar day or more than eight (8) hours in any calendar day or more than forty (40) hours in any calendar week and is not paid overtime.

Section 1815 of the California Labor Code requires that, not withstanding the provision of Sections 1810-1814, employees of CONTRACTORS who work in excess of eight (8) hours per day and forty (40) hours per week shall be compensated for all hours worked in excess of eight hour per day at not less than 1-1/2 times the basic rate of pay. 1-44 PAYROLL RECORDS - Each CONTRACTOR and SUBCONTRACTOR shall keep an accurate payroll record 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 the WORK. Such records shall be certified and available for inspection at all reasonable hours at the principal office of the CONTRACTOR as required by Labor Code Section 1776. Certified payrolls shall be submitted to OWNER weekly. Fringe benefit statements and apprenticeship agreements will be submitted with the project’s first certified payroll or when there are mandated changes in the fringe benefits or when new apprentices are employed. 1-45 OVERTIME INSPECTION FEES - The CONTRACTOR shall pay CITY for all overtime inspection in accordance with existing resolutions or fee schedule of the CITY unless the charges for such inspection have been specifically waived elsewhere within this Contract.

Overtime inspection charges will be made for all inspections on Saturdays, Sundays, and CITY-designated holidays, and hours worked by the inspector other than those of the normal CITY working day.
1-46 CLAIMS FOR ADDITIONAL TIME - Extension of time, when granted, will be based upon the effect of delays to the WORK as a whole and will not be granted for non-controlling delays to minor included portions of the WORK unless it can be shown that such delays did, in fact, delay the progress of the WORK as a whole. The CONTRACTOR shall not be entitled to damages or additional payment due to these delays except when CITY is responsible and the delay is unreasonable under the circumstances involved, and not within the contemplation of the parties. No compensation for WORK delays prior to the original Contract duration shall be paid.

1.19 If delays are caused by unforeseen events beyond the control of the CONTRACTOR, such delays will entitle the CONTRACTOR to an extension of time as provided herein. War, governmental regulations, priorities, labor disputes, strikes, fires, floods, adverse weather necessitating cessation of WORK, other similar action of the elements, inability to obtain materials, equipment or labor because of Federal Government restrictions arising out of the National Defense or War Program, required "Extra Work”, action or inaction by the CITY, or other specific reasons as may be further described in the Specifications may constitute such a delay.

If the CONTRACTOR is delayed by the failure of the CITY to furnish necessary rights of way or materials agreed to be furnished by it, or by failure to supply necessary plans or instructions concerning the WORK, after written request therefore, the CONTRACTOR shall be entitled to an extension of time as provided herein.
1-47 RECYCLING - The City of Madera encourages all CONTRACTORS, SUBCONTRACTORS, vendors and suppliers to recycle in accordance with current industry best practices and as required by the State of California recycling of construction materials.

All asphalt concrete to be removed shall be removed by grinding and the grindings shall become City-Owned Material and shall be hauled to the Talley Sand & Gravel at 12483 Road 29, Madera, California, and dispose of at that location as specified by the Engineer.

Construction and demolition debris generated under a city issued building, renovation, or demolition permit and equal to or exceeding eight cubic yards of material by volume shall have necessary mixed and/or source separated C&D recycling bin(s) or roll-off boxes for the removal and recycling of all construction and demolition debris from the project site. The project permittee, designated hauler, or recycler shall provide to the City of Madera a monthly C&D report which contains at a minimum the construction site address, weight of material hauled, date hauled, material type, recycling facility name and address, and assurances from the recycling facility that a minimum of 50% of the C&D material has been recycled.

The city will provide the proper documentation form: however, other forms of documentation can be used as long as it is deemed by city staff to be acceptable and complete. See appendix for debris management report.
1-48 COLLECTION, TRANSPORT OF ALL CONSTRUCTION AND DEMOLITION DEBRIS - The City of Madera requires all Contractors, Subcontractors, vendors and suppliers to utilize Mid Valley Disposal for collection, transportation, and reporting of all construction and demolition debris.

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SECTION 2

SPECIAL CONDITIONS

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2.1 SECTION 2

SPECIAL CONDITIONS
2-1 REQUIREMENTS - It is required that there be constructed and completed in accordance with the FY 2024 STREET REHAB AND RECONSTRUCTION PROJECT, CITY PROJECT NO. R-99 & 2021-22 SB-1 (RMRA) SEALS AND OVERLAYS, CITY PROJECT NO. R-79

2.2 DESCRIPTION OF THE WORK - The principal components of the WORK to be performed under these CONTRACT DOCUMENTS included but are not limited to the following:

The work in general consists of grinding deteriorated sections of asphalt concrete, paving with new asphalt concrete, crack sealing, application of microsurfacing type II and type III, adjustment of existing manhole/utility covers to final grade, reconstruct of ADA concrete curb ramps, replacement of loop detectors and replacing traffic pavement markings and striping 2-3 LABOR - If any SUBCONTRACTOR or person employed by the CONTRACTOR shall appear to the ENGINEER to be incompetent or to act in a disorderly or improper manner, they shall be removed immediately on the request of the ENGINEER, and that person shall not again be employed on the work.

No person whose age or physical condition is such as to make his employment dangerous to his health and safety or to the health and safety of others shall be employed on the work, and in no event shall any person under the age of sixteen (16) years be employed.

The work shall at all times be executed under safe working conditions, and the conditions of work shall be subject to inspection and correction by the ENGINEER or safety inspectors of the OWNER. 2-4 COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK - The CONTRACTOR shall commence WORK and shall complete all of the WORK in accordance with the schedule and within the time stated in the BID. The capacity of the CONTRACTOR's construction plant, sequence of operations, method of operations, and the forces employed shall, at all times during the continuance of the Contract, be subject to the approval of the ENGINEER and shall be such as to ensure the completion of the WORK in accordance with the required schedule and within the time specified. 2-5 SCHEDULE OF WORK - The CONTRACTOR shall submit a schedule of work for the improvements for review at the pre-construction meeting. This schedule shall indicate the date the CONTRACTOR will obtain any and all permits from outside agencies, including a permit from the Division of Industrial Safety for any excavation five (5) feet or more in depth. This schedule shall show all items of work and expected construction times for each item.
2-6 SEQUENCE OF WORK - The CONTRACTOR shall schedule work with the utmost diligence and execute the work expeditiously so as to minimize public inconvenience or down time.

2.2 2-7 RESPONSIBILITY REGARDING EXISTING UTILITIES AND PRIVATE PROPERTY - The existence and location of public and private utilities indicated on the DRAWINGS are not guaranteed and any additional utilities and facilities not shown on the DRAWINGS shall be investigated and protected by the CONTRACTOR. The CONTRACTOR shall be held responsible for damage to and for maintenance and protection of existing pipelines, irrigation facilities, public utilities, driveways, alleys, sidewalks, curbs and gutters, and existing fences.

Excavation in the vicinity of existing public utility structures, underground electrical or telephone cable, oil or gas pipelines, and waterlines shall be carefully done by hand. The CONTRACTOR shall adequately protect all adjoining property and structures from damage, whether within or without of the OWNERfurnished rights-of-way, and shall be fully responsible for any damage to adjoining property and structures which may result from WORK done under this Contract. Unless otherwise provided, the CONTRACTOR shall repair or replace all existing improvements (e. g. curbs, sidewalks, driveways, fence, signs, utilities, street surfaces, structures, sprinkler, etc.) damaged or removed as a result of his operations. Repairs and replacements shall be at least equal to existing improvements and shall match them in finish and dimension, whether within the right-of-way or on private property. All repairs and replacements for items on private properties shall be made within seven (7) calendar days.

All costs to the CONTRACTOR for protecting, removing and restoring existing improvements shall be included in the various bid items and no separate payment will be made therefore.

It shall be the CONTRACTOR’s responsibility to notify the Underground Service Alert (USA) Organization for utility undergrounding permits per Section 4216 of the Government Code. The CONTRACTOR shall obtain all identification numbers and certifications required for underground utility locations prior to starting excavation within the project limits of work. The USA North’s - Underground Service Alert phone number is 811/1-800-227-2600.

The CONTRACTOR shall use extreme care during construction to prevent damage from dust to adjacent property. The CONTRACTOR shall sprinkle the areas where the passage or operation of vehicles and equipment creates a dust problem, or take other preventive measures as directed by the ENGINEER. The CONTRACTOR shall furnish all labor, equipment, materials and means required to control dust which is in any way a result of the CONTRACTOR’S operations.

The CONTRACTOR shall be responsible for all damage or injury which may result to property, outside of the construction right-of-way or within the right-of-way where so noted, from the CONTRACTOR’S operations hereunder, or otherwise, from the performance of this Agreement or failure of performance of this Agreement by said CONTRACTOR or any of his subcontractors or employees. 2-8 PROJECT SITE MAINTENANCE - Throughout all phases of construction, including suspension of work, and until final acceptance of the project, the CONTRACTOR shall keep the work site clean and free from rubbish and debris. The CONTRACTOR shall also abate dust nuisance by cleaning, sweeping and sprinkling with water or other means as necessary.

CONTRACTOR shall maintain site in accordance with the City of Madera NPDES Permit for their storm drainage system. Copy of said permit is available at the office of the City of Madera ENGINEER.

Materials and equipment shall be removed from the site as soon as they are no longer necessary. Upon completion of the work and before final inspection, the entire work site shall be cleared of equipment,

2.2 unused materials and rubbish so as to present a satisfactory clean and neat appearance. All cleanup, dust control, and project site maintenance costs shall be absorbed in the CONTRACTOR’S bid. 2-9 NOTIFICATION - All homeowners and businesses affected by the construction shall be notified five (5) days in advance of the Work. The notification shall be in a form of a written posting, stating the time and date that the activities will take place. Should work not occur on the specified day, a new notification will be distributed. Suitable signs shall be posted 48 hours prior to the surfacing. “No Parking” signs shall include the wording, “Vehicle Code Section 22654”. 2-10 WATER SUPPLY - Water will be available to the CONTRACTOR for the performance of the WORK from assigned City fire hydrants. CONTRACTOR will be billed monthly for metered fire hydrant water. Prior to the use of any hydrant, the CONTRACTOR shall notify the Madera Public Works Department and a representative from the Public Works Department will install a meter furnished by the Public Works Department on the fire hydrant. It will be the CONTRACTOR'S responsibility to convey the water to the work site. Regardless of the method of conveyance chosen, it shall not be cause for closure of any streets nor shall it create a nuisance to nearby residents. The CONTRACTOR is responsible for security of the City-furnished meter. An air gap shall be maintained between the hose or pipe discharge to prevent possible backflow in the event of distribution system pressure loss. Payment of work specified above shall be included in the unit and lump sum prices bid in the schedule for the various items of WORK. See Appendix C.
2-11 MATERIALS FURNISHED BY OWNER - No labor, material, or other facilities shall be provided by the OWNER unless otherwise indicated on the DRAWINGS or in the SPECIFICATIONS. 2-12 MATERIALS FURNISHED BY CONTRACTOR - Unless otherwise stipulated, the CONTRACTOR shall provide and pay for all materials, labor, water, tools, equipment, light, power, transportation, and other facilities necessary for the execution and completion of the WORK. The City of Madera shall be provided a copy of all water meter purchases showing the date meters were ordered, confirmation from the vendor that the order was received, and the expected delivery date. The delivery dates shall be incorporated into the schedule referenced in Section 2-5. Mobilization shall not commence until delivery of the water meters has commenced.
2-13 REQUEST FOR EXTENSION OF TIME - No extension of time shall be made for delay occurring more than seven (7) calendar days before a claim is made therefore in writing to the ENGINEER. In the case of a continuing cause of delay, only one claim is necessary. 2-14 RIGHTS-OF-WAY - The CONTRACTOR shall not be entitled to extra compensation for hardships and increased cost caused by the WORK being adjacent to telephone-telegraph lines and guide wires, power lines and guide wires, buildings, fences, pipelines, ditches, roadways, and other obstacles, which may physically restrict or limit the use of construction equipment. In some cases, such physical confinement may necessitate special methods of construction of the WORK. If the CONTRACTOR desires to utilize additional area, he shall obtain the necessary written approvals from the landowner.

No additional compensation shall be paid to the CONTRACTOR for the cost of obtaining additional right-of-way or for the inability to obtain such.

2.2 2-15 TRAFFIC CONTROL, CONSTRUCTION SIGNS, BARRICADES, AND LIGHTS 2-15.1 TRAFFIC SAFETY AND ACCESS - The CONTRACTOR’S operations shall cause no unnecessary inconvenience. The access rights of the public shall be considered at all times. A schedule of work shall be submitted to the ENGINEER for approval prior to the start of construction. CONTRACTOR shall immediately notify ENGINEER of any changes to the approved schedule.

The CONTRACTOR shall submit a traffic control plan to the ENGINEER for approval before the start of construction.

The CONTRACTOR shall backfill all trenches at the end of each working day. The CONTRACTOR shall place and compact backfill in trenches as required to obtain a stable foundation daily for traffic use. In paved areas, three (3) inches of “cold mix” asphalt concrete shall overlay the compacted backfill and be installed daily. Temporary paving work shall be completed to the satisfaction of the ENGINEER. A stockpile of “cold mix” asphalt concrete shall be kept at the project site. There shall be no exception to this requirement.

Public ingress-egress to all streets including driveway access for residences and businesses shall be maintained at all times.

Where necessary, the CONTRACTOR shall place ramps, temporary driveways or steel plates.

Work will not be permitted on Sundays. The CONTRACTOR must submit an application for Saturday work at least 7 (seven) days in advance of the Saturday in question. Overtime expenses will be charged to the CONTRACTOR for approved Saturday work.

Before the CONTRACTOR commences work, he shall discuss with the ENGINEER his proposal for controlling access during the work.

All costs to the CONTRACTOR for complying with the provisions of this section shall be included in various bid items and no separate payment will be made. 2-15.2 PUBLIC SAFETY - The CONTRACTOR shall have at the work site copies or suitable extracts of Construction Safety Orders, Tunnel Safety Orders and General Industrial Safety Orders issued by the State Division of Industrial Safety. He shall comply with the provisions of these and all other applicable laws, ordinances and regulations.
2-15.3 TRAFFIC CONTROL - The CONTRACTOR shall be solely and completely responsible for furnishing, installing and maintaining all warning signs and devices, necessary to safeguard the general public and the work, and to provide for the proper and safe routing of the vehicular and pedestrian traffic during the performance of the work. This requirement shall apply continuously and not be limited to normal working hours. All traffic control devices left in use over-night shall be illuminated. Arrow boards will be required for lane closures. The CONTRACTOR shall submit a plan showing traffic control measures and/or detours for vehicles and pedestrians affected by the construction to the ENGINEER for review and approval. This plan shall be submitted a minimum of five (5) working days prior to the start of work within the street right-of-way. The CONTRACTOR will not be allowed to begin work until an approved plan is on file with the ENGINEER. Approval by the ENGINEER shall in no way relieve the CONTRACTOR from always maintaining proper controls.

2.2 2-16 STORAGE OF EQUIPMENT AND MATERIALS - Construction equipment shall not be stored in streets, roads or highways without obtaining the approval of the ENGINEER, and then not for more than five (5) days after unloading. All materials or equipment not installed or used in the construction within five (5) days after unloading shall be stored elsewhere by the CONTRACTOR at his expense unless he is authorized additional storage time. Construction equipment shall not be stored at the work site before its actual use on the work and not for more than five (5) days after it is no longer needed on the work.

Time necessary for repair or assembly of equipment may be authorized by the ENGINEER. 2-16.1 STOCKPILE SITES - Any sites for stockpiling shall be clean and free of objectionable materials and shall be located outside the street right-of-way in a location identified by the ENGINEER. Arrangements for these sites shall be the responsibility of the CONTRACTOR. If on private property, a written agreement with the Owner shall be provided to the ENGINEER prior to commencing operations. 2-17 GENERAL PROVISIONS - The specification of any action or remedy that may be taken by the OWNER or the ENGINEER pursuant to the terms hereof for the failure of the CONTRACTOR to perform this Contract or for the breach hereof or for indemnity shall not be the exclusive action or remedy of the OWNER or the ENGINEER, but shall be cumulative with all other actions, rights, and remedies contained herein 2-18 CLEAN AIR ACT OF 1970 ET SEQ. AND FEDERAL WATER POLLUTION CONTROL ACTS AS AMENDED BY THE CLEAN WATER ACT OF 1977 - CONTRACTOR agrees to comply with Federal clean air and water standards during the performance of this Contract. The CONTRACTOR shall provide a Storm Water Pollution Prevention Plan (SWPPP) or a Water Pollution Control Program (WPCP) plan as is applicable for the project and shall be prepared and submitted for approval prior to the start of the work. The plan shall be prepared by an authorized QSD and approved by the CITY ENGINEER.

The Contractor shall coordinate with the City of Madera and file a Notice of Intent (NOI) to comply with associated construction activity of this project with the State Water Resources Control Board, and shall pay the fees required. The CONTRACTOR and SUBCONTRACTORS shall be regulated by the general construction permitting. The City’s Storm Water Pollution Prevention Plan (SWPPP) is on file at the office of the City ENGINEER.

Full compensation for furnishing labor, materials, tools, equipment and incidentals for doing all work for compliance with this special condition shall be included in the Contract BID ITEM price or within the various BID items and no additional compensation will be allowed therefore.. 2-19 AWARD OF CONTRACT - The award of contract, if it be awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements prescribed. 2-20 HAZARDOUS MATERIAL AND CHANGED CONDITIONS
A. The CONTRACTOR shall promptly, and before the following conditions are disturbed, notify the ENGINEER, in writing, of any:

1. Material that the CONTRACTOR believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, which is required to be moved to a Class I, Class II, or Class Ill disposal site in accordance with provision of existing law.

2. Subsurface or latent physical conditions at the site differing from those indicated.

2.2 3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract.

B. The ENGINEER shall promptly investigate the conditions, and if he finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the CONTRACTOR’s cost of or time required for performance of any part of the work, the CONTRACTOR shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all work to be performed under the Contract. The CONTRACTOR shall retain any and all rights provided either by Contract or by law which pertain to the resolution of disputes and protests between the contracting parties.

C. In the event that a dispute arises between the ENGINEER and the CONTRACTOR whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the CONTRACTOR’S cost of or time required for performance of any part of the work, the CONTRACTOR shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all work to be performed under the Contract. The CONTRACTOR shall retain any and all rights provided either by Contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 2-21 ACCESS TO PROPERTY - Pedestrians and vehicular access to properties shall be provided and maintained at all times. Exceptions include during the actual placing of concrete or, for very short periods, during paving operations. Access shall be safe and reasonable for pedestrians and for motor vehicles used by property owners and emergency vehicles (fire, police, and ambulance). The ENGINEER will make the sole determination of what is safe and reasonable.
2-22 HOURS OF LABOR - The CONTRACTOR shall forfeit, as penalty to the OWNER, the sum of twenty-five ($25.00) for each laborer, worker, mechanic, and any subcontractor under him for each calendar day during which such laborer, worker, mechanic or subcontractor is required or permitted to labor more than eight (8) hours in violation of this stipulation.

Overtime and shift work may be established as a regular procedure by the CONTRACTOR with reasonable notice and written permission of the ENGINEER. 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 City holidays, except such work as is necessary for the proper care and protection of the work already performed, or in case of an emergency.

City holidays shall be defined as those holidays annually observed by the City. These are: New Years Day, Martin Luther King’s Birthday, President’s Day, Good Friday (4hrs), Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, the day after Thanksgiving Day, Winter Holiday (4hrs) and Christmas Day, (a total of 13 days). City staff shall not work on City recognized Holidays unless the Contractor agrees to cover the cost of staff time.

2.2 the overtime work. CONTRACTOR agrees the ENGINEER shall deduct such charges from payment due the CONTRACTOR.
2-23 DUST CONTROL - CONTRACTOR shall prepare and provide a dust control plan in accordance with San Joaquin Valley Unified Air Pollution Control District requirements. Said plan shall be approved prior to start of construction. All cost for preparing said plan and acquiring approval shall be included in CONTRACTOR’s bid. Dust control requirements shall be included in all construction contract specifications. These construction contract specifications shall include the following San Joaquin Valley Unified Air Pollution Control District’s Regulation VIII, Rule 8020 fugitive dust mitigation requirements for the control of fine particulate matter (PMIO) from construction activities:
“All disturbed areas of a construction site, including storage piles of fill dirt and other bulk materials, which are not being actively utilized for construction purposes for a period of seven calendar days or more, shall be stabilized using one or more of the following approved soil stabilization methods to effectively limit visible dust emissions. Where soil moisture or natural crusting is sufficient to limit visible dust emission, no action is required. Disturbed areas shall be stabilized for the duration of the construction activity or until construction work resumes on the inactive disturbed area. a. Where water is used as the dust suppressant, watering shall be applied to effectively limit visible dust emissions; or
b. Where a chemical dust stabilizer or suppressant, watering shall be applied to effectively limit visible dust emission; or
c. Where planting of trees and vegetative ground cover is utilized, vegetation shall be planted in sufficient density and watered with sufficient frequency to effectively stabilize the disturbed area and limit visible dust emissions.

All operations shall effectively limit visible dust emissions from on-site unpaved roads and off-site unpaved access roads using one or more of the following stabilization methods. Road stabilization shall be maintained for the duration of the activity. Where soil moisture is sufficient to meet this requirement, no action is required.
a. Where water is used as the dust suppressant, watering shall be applied to effectively limit visible dust emissions.
b. Where a chemical dust stabilizer or suppressant is used, the stabilizer or suppressant shall be applied to effectively limit visible dust emissions.

No person shall undertake any land clearing, grubbing, scraping, excavation, land leveling, grading, cut and fill operations, or demolition activities, without utilizing appropriate dust control measures during the land preparation, demolition, excavation or extraction. Appropriate dust control measures may consist of the effective application of water or pre-soaking.

All operations shall limit track-out and expeditiously remove the accumulation of mud or dirt from public paved roads, including shoulders, adjacent to the site. Removal activities must comply with local requirements and procedures.

In addition to restrictions imposed by local agencies, the use of dry rotary brushes for removal of deposited mud/dirt carryout from a paved road shall be prohibited, except where preceded or

2.2 accompanied by sufficient wetting to limit the visible dust emissions. The use of blower devices for removal of deposited mud/dirt carryout from subject paved roads shall be prohibited.” 2-24 NOISE CONTROL - Noise generating construction equipment activities shall be limited to 7:00 a.m. to 6:00 p.m. on weekdays and 8:00 a.m. to 5:00 p.m. on Saturdays. No noise generating construction activities shall be permitted on Sundays and holidays.

All construction equipment shall be maintained according to manufacturers’ specifications and noise generating construction equipment shall be equipped with mufflers. 2-25 CLEAN-UP - The CONTRACTOR shall clean up the job site prior to acceptance of the WORK. All dirt, spoil, and debris of any nature shall be removed and the entire site shall present a clean, workmanlike appearance. Any damage to paint work caused from spillage or splattering, or from prime coating, paving or seal coating operations shall be corrected. All areas such as man-ways, gutters, and intersections shall have the surfacing mix removed as specified by the ENGINEER. The CONTRACTOR shall remove, on a daily basis, any debris associated with the performance of the WORK. 2-26 SPREADING EQUIPMENT - Except as herein specified, pavers shall be capable of spreading and finishing asphalt concrete true to line, grade and crown as required in State Standard Specification, Section 39. • Pavers shall be equipped with quick and efficient steering devices and shall have reverse as well as forward travelling speeds;
• Pavers shall have a receiving hopper of sufficient capacity to permit a uniform spreading operation. The hopper shall be equipped with distributing screws of the reversing type to place the mixture uniformly in front of the screed;
• The screed shall be equipped with a controlled heating device for use when required. The screed shall strike off the mix to the depth and cross section specified without the aid of manual adjustments during operations;
• Particular attention shall be directed to the setting, clearance and wear condition of the tamper bar on paver screeds so equipped.
2-27 24-HOUR CUSTOMER ACCESS - Service Provider must respond to calls from customers or the City concerning leaks, loss of service and other problems associated with installations on a 24-hour per day basis. Service Provider must respond within one (1) hour of receiving the call and mobilize to correct any problems within three (3) hours of receiving the call.

SECTION 3

CITY OF MADERA

STANDARD SPECIFICATIONS AND PLANS

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3.1 SECTION 3

STANDARD SPECIFICATIONS AND PLANS
The Standard Specifications and Standard Drawings are available online at https://www.madera.gov/home/departments/engineering/standard-drawings/ These online specifications and drawings are the most current, approved issue and shall be incorporated where applicable
The following indicated provisions of the City of Madera’s Standard Specifications, dated April 2005, are hereby referred to and incorporated herein as though set forth in full.

STANDARD SPECIFICATIONS

SECTION TITLE

1. TERMS, DEFINITIONS

2. SCOPE AND CONTROL OF THE WORK

3. CHANGES IN WORK

4. CONTROL OF MATERIALS

5. UTILITIES

6. PROGRESS AND ACCEPTANCE OF WORK

7. CONTRACTOR’S RESPONSIBILITIES & CONDUCT

8. MEASUREMENT AND PAYMENT

9. RESERVED

10. CLEARING AND GRUBBING

11. EXCAVATION & GRADING

12. AGGREGATE SUBBASE AND AGGREGATE BASE

13. ASPHALT CONCRETE PAVEMENT

14. CONCRETE IMPROVEMENTS

15. TRAFFIC DIVIDER ISLANDS

16. TRENCHING AND TRENCH RESURFACING

17. SANITARY SEWER PIPE AND APPURTENANCES

18. BIKE LANE GUIDELINES

19. JACKING PIPE

20. STORM DRAINAGE PIPING AND STRUCTURES

21. DOMESTIC WATER FACILITIES DESIGN CRITERIA

22. WATER FACILITIES

23. TRAFFIC SIGNALS

24. DEMOLITION OF BUILDINGS

25. PLANTING AND IRRIGATION SYSTEMS

26. RESERVED

27. CONSTRUCTION PLAN SUBMITTALS

28. TRAFFIC STRIPES AND PAVEMENT MARKINGS

29. CONCRETE MASONRY WALL

30. ORNAMENTAL STREET LIGHTING

31. TRAFFIC SIGNALS

3.2 STANDARD PLANS
PLAN

NUMBER TITLE
B-1 FOUR (4) INCH MASONRY WALL
B-2 SIX (6) INCH MASONRY WALL
B-3 CHAINLINK FENCE DETAILS
B-4 COMPLEX DIRECTORY SIGN
B-5 PEDESTRIAN RAMP
B-6 PEDESTRIAN RAMP
B-7 DOWNTOWN STREETSCAPE TREE WELL & GRATE DETAIL
E-1 SURVEY MONUMENT
E-2 PROPERTY MONUMENT DETAILS
E-3 ELEVATION BENCHMARK DETAILS
E-4 OFF-STREET PARKING REQUIREMENTS
E-5 BLANK
E-6 PARKING LOT DETAILS
E-7 TYPICAL REFUSE CONTAINER ENCLOSURE DETAILS
S-1 48 INCH SEWER MANHOLE
S-2 60 INCH SEWER MANHOLE
S-3 WASTE WATER SAMPLING MANHOLE
S-4 DROP MANHOLE TYPE “A”
S-5 DROP MANHOLE TYPE “B”
S-6 CAST IRON MANHOLE FRAME AND COVER
S-7 LAMPHOLE SEWER CLEANOUT
S-8 PIPE BEDDING & TRENCH BACKFILL (for concrete encasement, 6” – 24” pipe) S-9 CONCRETE SUPPORT FOR UNDERCUT PIPELINES 12” OR LARGER S-10 PIPE BEDDING & TRENCH BACKFILL
S-11 SAND AND GREASE INTERCEPTOR
S-12A SEWER HOUSEBRANCH CONNECTION DETAILS “A”
S-12B TEMPORARY CLEANOUT
S-13 HOUSE BRANCH CONNECTIONS
S-14 INSTALLATION OF SEWER PIPE IN JACKED STEEL CASING
SD-1 STORM DRAIN BASIN REQUIREMENTS
SD-2A STORM DRAIN BASIN OUTLET STRUCTURE
SD-2B STORM DRAIN BASIN OUTLET STRUCTURE
SD-2C STORM DRAIN BASIN OUTLET STRUCTURE
SD-2D STORM DRAIN BASIN OUTLET STRUCTURE
SD-2E STORM DRAIN BASIN OUTLET STRUCTURE
SD-2F STORM DRAIN BASIN OUTLET STRUCTURE

3.3 PLAN

NUMBER TITLE
SD-2G STORM DRAIN BASIN OUTLET STRUCTURE-GATE DETAIL
SD-2H STORM DRAIN BASIN OUTLET STRUCTURE-GATE DETAIL
ST-1 CONCRETE VALLEY GUTTER
ST-2 RESIDENTIAL STREET
ST-3 RESIDENTIAL ACCESS STREET
ST-4 COLLECTOR STREET WITH TWO WAY LEFT TURN LANE
ST-5 ARTERIAL STREET
ST-6 FRONTAGE STREET
ST-7 CONCRETE VALLEY GUTTER IN ALLEYWAYS
ST-8 COMMERCIAL AND RESIDENTIAL CONCRETE ALLEY APPROACH ST-9 STRUCTURAL SECTION FOR RESIDENTIAL BOUNDARY STREET ST-10 STRUCTURAL SECTION FOR COLLECTOR BOUNDARY STREET
ST-11 CUL-DE-SAC DETAIL (DEAD END ROAD)
ST-12 TYPICAL CURB AND CURB & GUTTER
ST-13A SIDEWALK AND APPROACH DETAIL – 1
ST-13B SIDEWALK AND APPROACH DETAIL – 2
ST-14 SIDEWALK AND APPROACH DETAIL – 3
ST-15 NEW DRIVEWAY WITH EXISTING GUTTER
ST-15A NEW ADA DRIVEWAY WITH EXISTING GUTTER DRIVEWAY
St-16A MINIMUM FACE OF CURB RADIUS
ST-16 CURB ACCESS RAMP
ST-17 SIDEWALK CHANNEL DRAIN NEW OR EXISTING
ST-18 STORM WATER INLET
ST-19 UTILITY LOCATION IN STREET AREA
ST-20 LED STREET LIGHT INSTALLATION
ST-21 STREET LIGHT POLE NUMBERING
ST-22 STREET LIGHT CONCRETE PULL BOX
ST-23 STREET LIGHT CONNECTION DIAGRAM
ST-24 SPECIFICATIONS STREET LIGHT INSTALLATION
ST-25 STREET NAME SIGN, STOP SIGN, AND SIGN POST ASSEMBLY ST-26 STREET NAME SIGN
ST-27 GUARD PANEL
ST-28 PROTECTION POST
ST-29 STREET EXCAVATION, BACKFILL & SURFACE RESTORATION ST-30 DECORATIVE STREET LIGHTS DOWNTOWN PARKING DISTRICT ONLY W-1 CONCRETE THRUST BLOCKS FOR CAST IRON FITTINGS
W-2 CONCRETE THRUST BLOCKS FOR CAST IRON FITTINGS
W-3 THRUST BLOCK BEARING AREA

3.4 PLAN

NUMBER TITLE
W-4 CAST IRON CAP FOR REPAIR OF A.C. PIPE
W-5 FIRE HYDRANT INSTALLATION WITH PROTECTOR POSTS
W-6 FIRE HYDRANT PAVEMENT MARKERS
W-7 REPLACEMENT OF HOUSE SEWER CROSSING WATER MAIN
W-8 VALVE WELL & COVER
W-9A 1” WATER SERVICE CONNECTION WITH METER
W-9B WATER SERVICE CONNECTION & METER BOX INSTALLATION
W-10 1½”, 2” SERVICE CONNECTION & METER BOX INSTALLATION W-11 WATER SAMPLING STATION
W-13 NEW WATER MAIN CONNECTION
W-14 REDUCED PRESSURE PRINCIPLE BACKFLOW PREVENTION ASSEMBLY W-15 REDUCED PRESSURE PRINCIPLE FIRE SPRINKLER SYSTEM CLASS III, IV & V W-15B TYPICAL ENCLOSURE BACKFLOW PREVENTION DEVICE
W-16 DOUBLE CHECK DETECTOR ASSEMBLY (DCDA) BACKFLOW PREVENTER CLASS 1-11 W-17 WATER WELL DESTRUCTION
W-18 AIR VACUUM AND RELEASE VALVE
W-19 DOUBLE CHECK BACKFLOW PREVENTION ASSEMBLY
W-20 CONSTRUCTION WATER SOURCE
W-21 PRESSURE VACUUM BREAKER
W-22 INSTALLATION REQUIREMENTS FOR AN APPROVED AIR GAP SEPARATION W-23 MONITORING WELL MANHOLE CONSTRUCTION DETAIL
W-24 COMPOUND METER SETTING WITH BY-PASS
W-26 FIRE HYDRANT INSTALLATION
W-27 GUARD POST DETAILS
W-28 BLOW-OFF ASSEMBLY TYPE B
W-29 AQUAGRIP GATE VALVE
SECTION 4

DESCRIPTION OF BID ITEMS

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4.1 SECTION 4

BID ITEM DESCRIPTIONS
4-1 MEASUREMENT OF QUANTITIES
Unless otherwise specified, quantities of work shall be determined from field measurements by the Engineer in accordance with Section 9 of the State Standard Specifications.

1. Measurement by volume will be the cubic dimension listed or indicated in the Bid Schedules. Method of volume measurement will be as determined or directed by the Engineer. Measurement by area will be by the square dimension listed or Indicated in the BID SCHEDULE. Method of square measurement will be as determined or directed by the Engineer. Linear measurement will be by the linear dimension listed or indicated in the Bid Schedules. Method of linear measurement will be as determined or directed by the Engineer. Generally, items, components, or work to be measured will be measured at the centerline of the item in place.

2. Lump sum measurement will be for the entire item, unit work, structure, or combination thereof, as listed or indicated in the BID SCHEDULE. No extra payments shall be made for parts of lump sum items.
4-2 CONTRACT PAYMENTS
The Contract payment for the specified items of work as set forth in the BID SCHEDULE shall be full compensation for furnishing all labor, materials, tools, equipment, transportation, services, documentation and incidentals and for doing all work involved as required by the Plans and Specifications, Special Provisions, State Standards, Legal and Safety Provisions and all other Provisions of the Contract Documents.

1. Full compensation for all expenses involved in conforming to the requirements for measuring materials or work shall be considered as included in the unit or lump sum prices paid for the materials and work being measured, and no additional compensation will be permitted.

2. Full compensation for an item of work for which no measure or payment is specified will be considered to be included in the applicable related item of work in the Bid Schedules or incidental to the Contract.

BID ITEM DESCRIPTIONS
4-3 BID ITEM (BID SCHEDULE A & B) – MOBILIZATION, BONDS, INSURANCE &

PERMITS
This item shall conform to the California Public Contract Code 10104 and be paid per California Public Contract Code 10264.

4.2 This is a lump sum bid item for “Mobilization”. This item shall consist of the movement of personnel, equipment, supplies, and incidentals to the project site, including any remobilization necessary because of the required construction schedule or sequencing.

This item shall be bid on a lump sum basis and shall include cost of mobilization, demobilization, necessary bonds, insurance, permits, licenses, and fees required during the performance of the work. The Contractor’s lump sum bid for bid item 1 shall not exceed the following limits:
 Schedule A - $75,000
 Schedule B - $130,000
Should the actual cost exceed this amount, the excess cost shall be spread over the various bid items. No additional payment will be made should actual cost exceed this amount
4-4 BID ITEM (BID SCHEDULE A & B) - TRAFFIC CONTROL, SIGNAGE AND DETOURS This is a lump sum bid item for “Traffic Control, Signage and Detours”. This item shall provide traffic control, signage and detours as may be required for the project as a whole and inclusive of approved detours. “Traffic Control, Signage and Detours” Shall be Subject to the plans, specifications, MUTCD (latest edition) compliance and Caltrans specifications.
“Traffic Control, Signage, and Detours” shall consist of constructing, maintaining and removing temporary detours; establishing, maintaining and discontinuing temporary alternate route detours; providing and maintaining traffic control; providing access to properties in the vicinity of the work; and providing for the convenience and safety of the public and public traffic, as necessary for construction, in conformance with the provisions in the Specifications, and as directed by the Engineer.

This item shall be bid on a lump sum basis and shall include full compensation for furnishing all labor (including flagmen), materials, tools, equipment and incidentals, and for doing all work involved for the sole convenience, direction and safety of public traffic and pedestrians shall be included in this bid item. All costs associated with this item shall be included in the lump sum price and no additional payment will be made. Payments shall be prorated over the term of the contract.
4-5 BID ITEM (BID SCHEDULE A & B) - DUST CONTROL & WATER POLLUTION

CONTROL PLAN (WPCP)
This is a lump sum bid item for “Water Pollution Control Plan (WPCP) and Dust Control Plan” shall comply with the San Joaquin Valley Air Pollution Control District (SJVAPC) and State Water Resources Control Board (SWRCB), in accordance with the project plans and specifications, City Standard Drawings, City Standard Specifications, Section 5 of these project specifications and as directed by the Engineer.

4.3 The Contractor shall prepare and provide a dust control plan in accordance with SJVAPC requirements. Said plan shall be approved prior to start of construction. Dust control shall be accomplished by maintaining affected City streets in a swept condition, approved street sweepers shall be in use at all times of construction. A water truck with adequate water and dispensing equipment shall be provided and shall remain on the project throughout the construction of project. Track-out shall also be controlled from the project site. Failure to provide street sweeping shall be cause for City to hire others or use its own forces to provide the dust control and deduct such costs from this item. “Dust Control & Water Pollution Control Plan (WPCP)” shall also consist of reducing visible dust emissions (VDEs) and eliminating dust-related nuisances from or within the construction site.

The contract lump sum price paid for “Dust Control & Water Pollution Control Plan (WPCP)” shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in “Dust Control & Water Pollution Control Plan (WPCP)” including preparation by a Qualified Engineer, and implementation as required by permitting agencies, and as directed by the Engineer and no additional payment will be made therefore.
4-6 BID ITEM (BID SCHEDULE A & B) – CLEARING & GRUBBING, DEMOLITION

REMOVAL AND DISPOSAL
This is a lump sum bid item for “Clearing and Grubbing, Demolition, Removal and Disposal” in accordance with the Plans and Specifications, Section 10 “Clearing and Grubbing” of the City Standard Specifications, City Standard Drawings, and the special provisions and as directed by the Engineer.

Where no joint exist between concrete to be removed and concrete to remain in place, the concrete shall be saw-cut in a neat, true line to a minimum of 0.17 foot or two (2) inches before concrete is removed. The location of cut lines will be determined by the Engineer.

All saw cutting, demolition, removal, and disposal of existing curb ramps shall be included in this bid item.

All materials removed shall be lawfully disposed of by the Contractor from the project site to an approved location designated by the City. The Contractor shall endeavor to recycle material as may be required by local, State and Federal requirements. See Section 1-47 “RECYCLING” of the General Conditions for recycling requirements.

The contract lump sum price paid for “Clearing and Grubbing” shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in “Clearing and Grubbing including protection of adjacent improvements, removal and disposal of existing concrete improvements, soil, concrete curb and gutter, asphalt materials, brick materials, vegetation, excavation, backfill, compaction, and grading, as shown on the Drawings, in conformance with the provisions in the Specifications, and as directed by the Engineer and no additional payment will be made therefore.

4.4 4-7 BID ITEM (BID SCHEDULE A & B) – GRIND AND REMOVE 3’’ OF ASPHALT

CONCRETE
The contract unit price bid per square yard for grind and remove existing asphalt concrete at the locations and to the dimensions shown on the plans. The bid price shall include all labor, material, equipment and incidentals necessary to complete grind and removal of existing asphalt concrete.

Grindings shall be delivered to Talley Oil Sand and Gravel at 12483 Road 29, Madera, California, by the Contractor, as directed by the Engineer and shall be placed in a safe manner to avoid contamination with other stored materials.

Any separation of existing asphalt concrete from the existing base that may result from grinding work shall be replaced with a minimum of 3 inches of asphalt concrete type A over a compacted base with a 95% relative compaction, and payment for this repair work shall be considered as included in the bid item for Type A ½” Asphalt Concrete and no additional payment will be made therefore.

Full compensation for all expenses involved in grind and remove existing asphalt concrete including removal of existing asphalt concrete pavement shall be considered as included in the unit price paid per square yard, and no additional compensation will be allowed.
4-8 BID ITEM (BID SCHEDULE A & B) – TYPE A, ½” ASPHALT CONCRETE This is a unit price bid item, per ton, for “Asphalt Concrete Pavement (Type A ½”),” and for all Pavement in accordance with the project plans and specifications, City Standard Drawings, City Standard Specifications, Section 5 of these project specifications and as directed by the Engineer.
“Asphalt Concrete Pavement (Type A ½”)” shall consist of furnishing and mixing aggregate and asphalt binder at a central mixing plant, and spreading and compacting the mixture.

Streets to be paved shall not be scheduled on garbage pick-up days.

Full Compensation for all expenses involved in the application of fog seal where applicable, shall include compensation for furnishing all labor, materials, tools, and equipment for installing the fog seal coat, and no additional compensation will be permitted.

The contract unit price paid per ton for “Asphalt Concrete Pavement (Type A ½”),” shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved complete in place, including asphalt binder, prime coat, paint binder (tack coat), spreading, compacting, in conformance with the provisions in the Specifications, and as directed by the Engineer are included in this bid item.

4.5 4-9 BID ITEM (BID SCHEDULE A & B) – MICRO-SURFACING TYPE II The contract unit price bid per square yard for Micro-Surfacing Type II shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals necessary to complete the work, as shown on the project plans and as directed by the Engineer.

Micro-surfacing includes applying a mixture of asphalt emulsion, water, additives, mineral filler, and aggregate spread on pavement. Micro-surfacing shall be applied at designated areas shown on the plans and shall be in accordance with Section 37-3, “Slurry Seal and Micro-Surfacing”, of the State Standard Specifications, Section 5.11 “Street Surface Preparation” and Section 5.12 “Micro-Surfacing Type II or III”, of the Special Provisions - Technical. Area shown on plans shall receive Micro-surfacing Type II in accordance with this specifications, and as directed by the Engineer.

Micro-surfacing emulsion must be a homogeneous mixture of asphalt, polymer, and emulsifier solution in conformance with Section 37-3.03B(2) , “Micro-surfacing Emulsion”, of the State Standard Specifications.

Mineral filler for micro-surfacing shall be Portland Cement, hydrated lime, limestone dust, fly ash or other approved filler meeting requirements of ASTM D 242. 4-10 BID ITEM (BID SCHEDULE A & B) – MICRO-SURFACING TYPE III The contract unit price bid per square yard for Micro-Surfacing Type III shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals necessary to complete the work, as shown on the project plans and as directed by the Engineer.

Micro-surfacing includes applying a mixture of asphalt emulsion, water, additives, mineral filler, and aggregate spread on pavement. Micro-surfacing shall be applied at designated areas shown on the plans and shall be in accordance with Section 37-3, “Slurry Seal and Micro-Surfacing”, of the State Standard Specifications, Section 5.11 “Street Surface Preparation” and Section 5.12 “Micro-Surfacing Type II or III”, of the Special Provisions - Technical. Area shown on plans shall receive Micro-surfacing Type III in accordance with this specifications, and as directed by the Engineer.

Micro-surfacing emulsion must be a homogeneous mixture of asphalt, polymer, and emulsifier solution in conformance with Section 37-3.03B(2), “Micro-surfacing Emulsion”, of the State Standard Specifications.

Mineral filler for micro-surfacing shall be Portland Cement, hydrated lime, limestone dust, fly ash or other approved filler meeting requirements of ASTM D 242.

4.6 4-11 BID ITEM (BID SCHEDULE A & B) – SURFACE PREPARATION, CRACK SEALING &

SWEEPING
The lump sum contract unit price for this bid item shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals for Surface Preparation, Crack Sealing & Sweeping and shall be completed to the satisfaction of the Engineer.

This item consists of Surface Preparation, Crack Sealing & Sweeping all streets within the project limits.

Crack Sealing shall be applied in accordance with Section 37-5, “Crack Treatment”, Section 37-5.02, “Materials”, of the state standard specifications crack treatment material shall be in accordance with section 37-5.02 “Materials”, of the state of the State Standard Specifications, this Technical Provisions, and as directed by the Engineer, with the exception of Section 37-5.04, “Payment”. Crack sealant shall be applied hot. No cold crack sealant will be allowed.

Crack Sealing:
- Vegetation and debris shall be removed from cracks
- Crack Sealing shall be completed for all cracks greater than 1/4 of an inch in width prior to surface preparation for proposed treatment - Cracks shall be blown clean of all existing material and dried-off utilizing a high pressure air nozzle of at least 90 psi.to a depth of 1 inch, and as directed by the Engineer
- Crack treatment shall be hot-applied (hot pour rubber products not allowed) - Cracks shall be flush filled with the existing pavement - Cracks at existing AC paving and concrete gutter shall be sealed - Crack sealing shall be squeegeed flush to the surface of existing pavement Contractor shall provide and maintain adequate traffic control to allow curing of crack sealant to prevent tracking.
4-12 BID ITEM (BID SCHEDULE A & B) – ADJUST WATER VALVE COVERS USING

WATER VALVE RISERS
This item is bid per each adjusting water valves using ring water valve risers as shown on the plans. The unit price bid shall include payment for furnishing all labor, materials, tools, and equipment for adjusting the frame and cover of the existing storm and sanitary sewer manhole covers to finish paving grade with ring risers per City Standard Drawing W-8.
4-13 BID ITEM (BID SCHEDULE A & B) – ADJUST STORM/SANITARY SEWER

MANHOLE TO GRADE/REPLACE CONCRETE COLLAR

4.7 This item is bid per each and shall conform to the provision of Section 17 of the City Standard Specifications and Section 15 “ Existing Facilities “ of the State Standard Specification. The unit bid price shall include payment for furnishing all labor, materials, tools, and equipment for adjusting the frame and cover of the existing storm and sanitary sewer manhole covers to finish paving grade and grade rings, concrete collar, and asphalt concrete surfacing per City Standard Drawing S-1 and S-2. 4-14 BID ITEM (BID SCHEDULE A & B) – REPLACE & REMOVE PAVEMENT STRIPING & MARKINGS
The lump sum contract unit price for this bid item shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals to replace all existing lane striping, turn pockets, crosswalks, stop bars, turn arrows, existing pavement markings, and markers. The new striping shall be in conformance with the Provisions in Section 84 of the State Standard Specifications, Section 28 of the City Standard Specifications, and as directed by the Engineer.

Contractor is responsible for documenting and surveying existing striping and marking locations prior to beginning work. All striping and markings removed and covered with new asphalt concrete and surface seals shall be replaced at the original location or as directed by the Engineer.

Included in this bid item is removal of striping, pavement markings and pavement markers as required for pavement treatment or as required when existing striping and markings conflict with striping and markings as shown in the plans. Existing markings may include thermoplastic. Contractor is responsible for determining existing conditions prior to bidding.

All pavement striping shall be applied using waterborne paint, except crosswalks, stop bars, and pavement markings, which shall be installed using thermoplastic material in accordance with the Standard Specification.

Striping first coat shall be done 7 to 10 days after installation of new asphalt concrete or surface treatment is placed followed by the second coat 5 days thereafter. Included in this bid item is temporary striping as necessary for traffic operations and as directed by the Engineer.

The contract lump sum price paid shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all the work involved, complete in place, reflective MUTCD signs, removing existing signs, furnishing and installing new sign posts, removing existing sign and posts and delivering them to the Public Works yard, removal of existing stripes and markings, surface preparation (including sweeping before and after striping and marking work), water based paint, glass beads, raised pavement markers, thermoplastic pavement markings and striping as noted on the plans, installing and furnishing new striping as shown on the Plans, in conformance with the provisions in the Specifications, and as directed by the Engineer.

4.8 4-15 BID ITEM (BID SCHEDULE A & B) – TRAFFIC LOOP DETECTOR This is a unit price bid per each for furnishing and installing traffic loop detectors at the locations as shown on the Plans and as directed by the Engineer. The work shall be completed in accordance with the City Standard Specification, State Standard Specification.

Wet utilities cover adjustments shall be completed prior to the installation or replacement of detector loops if applicable
The item shall involve, but not limited to, all applicable work including saw cutting, excavation, potholes, backfilling, compaction, furnishing and installation of sensor units, control units, amplifiers, conductors, conduits, tubing, wiring, cables, identification cable ties, sealants, permanent patching and resurfacing, connection to traffic control panel(s), coordination with Public Works, Submittals, testing and all work associated with this item.
4-16 BID ITEM (BID SCHEDULE A & B) – CONSTRUCT ADA CONCRETE CURB RAMPS WITH TRUNCATED DOMES (6-SACK)
This is unit price bid item per square feet “Concrete Curb Ramps with Truncated Domes (6 Sack),” in accordance with the project plans and specifications, City Standard Drawings, City Standard Specifications, Section 5-22 of these project specifications, Americans with Disabilities Act (ADA) requirements, and as directed by the Engineer.

Truncated domes shall be wet set and bolt.

This contract item shall include curb and gutter and retaining curbs as noted on the limits of curb ramps in the Project Plans.

Demolition, removal and disposal of existing curb ramp are paid for separately under the designated clearing & grubbing, demolition, removal and disposal bid item.

The contract unit price paid per square feet “Concrete Curb Ramp with Truncated Domes (6 Sack).” shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all the work involved complete in place, including saw cutting, excavation, preparation and compaction of subgrade, doweling into existing concrete, installation of truncated domes, curb & gutter, construction for standard concrete (6 sack), forming, joint construction, finishing, curing and testing, as shown on the Plans, in conformance with the provisions in the Specifications, and as directed by the Engineer.
4-17 BID ITEM (BID SCHEDULE A & B) – ASPHALT CONCRETE PLUG This is a unit price bid item, per square foot, for “Asphalt Plug.” Reference is made to Subsection 5.17, “Asphalt Concrete,” of these Special Provisions – Technical, and Section 13, “Asphalt Concrete Pavement,” of the Standard Specifications.

4.9 “Asphalt Plug” shall consist of furnishing and mixing aggregate and asphalt binder at a central mixing plant, and hauling, spreading, and compacting the mixture in place as shown on the Plans, in conformance with the provisions in the Specifications, and as directed by the Engineer.

The contract unit price paid per square foot for “Asphalt Plug” shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all the work involved, complete in place, including asphalt binder, paint binder (tack coat), hauling, spreading, compaction, and testing, as shown on the Plans, in conformance with the provisions in the Specifications, and as directed by the Engineer. 4-18 BID ITEM (BID SCHEDULE A & B) – BLUE FIRE HYDRANT MARKER (TYPE BB) This is a unit price bid item, per each, for “Blue Fire Hydrant Marker (Type BB)” in accordance with the project plans and specifications, applicable City Standard Specifications, the State Standard Specifications, and as directed by the Engineer.

This work shall consist of furnishing and installing blue reflective pavement markers (Type BB) at fire hydrant locations in accordance with the Plans and City Standard Detail W-6. The work shall include locating the markers, surface preparation, furnishing all marker materials and adhesives, installation, protection of the completed work, and all incidental work necessary to complete the installation.

Madera City CouncilSeptember 16, 2026

Madera City Council
September 16, 2026