CITY OF MARYSVILLE
PUBLIC WORKS DEPARTMENT
526 C STREET MARYSVILLE,
CALIFORNIA 95901
BID BOOK
NOTICE TO CONTRACTORS
SPECIAL PROVISIONS
PROPOSAL
AND CONTRACT
FOR
ELLIS LAKE PARK ENHANCEMENT PROJECT
CONTRACT NO. 25-10
CLEAN CALIFORNIA GRANT CCL-5009-034
FOR USE WITH THE FOLLOWING STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION DOCUMENTS:
STANDARD SPECIFICATIONS DATED 2023
STANDARD PLANS DATED 2023
CURRENT LABOR SURCHARGE AND EQUIPMENT RENTAL RATES
AND
THE FOLLOWING CITY OF MARYSVILLE PUBLIC WORKS
DOCUMENTS: STANDARD DETAILS DATED 2025
BID OPENING: August 13, 2026, 1:30 P.M.
CONTRACT NO. 25-10
The special provisions contained herein have been prepared by or under the direction of the following Registered Person:
JOHN MALLEN - 06/23/26
RCE 62315, Exp. 09/30/2027
Page i
TABLE OF CONTENTS
SPECIAL NOTICE ...............................................................................................................................................................ii BID ITEM SECTION REFERENCE..................................................................................................................................iii NOTICE TO CONTRACTORS..........................................................................................................................................iv SPECIAL PROVISIONS......................................................................................................................................................1 SECTION 1 – DEFINITIONS................................................................................................................................. 1 SECTION 2 –PROPOSAL AND CONTRACT REQUIREMENTS................................................................... 2 SECTION 3 – CONTROL OF THE WORK ......................................................................................................... 6 SECTION 4 –LEGAL REGULATIONS AND RESPONSIBILITY TO THE PUBLIC .................................... 7 SECTION 5 – WATER AND DUST CONTROL ...............................................................................................13 SECTION 6 – PROGRESS OF THE WORK, LIQUIDATED DAMAGES, AND CONTRACT TIME........14 SECTION 7 – PAYMENT.....................................................................................................................................16 SECTION 8 – QUANTITIES AND MATERIALS ..............................................................................................19 SECTION 9 – SAFETY PRECAUTIONS...........................................................................................................20 SECTION 10 – DESCRIPTION OF THE WORK..............................................................................................22 SECTION 11 – EARTHWORK & PAVING .......................................................................................................22 SECTION 12 – CONCRETE CURBS, GUTTERS, SIDEWALKS, AND DRIVEWAYS .............................29 SECTION 13 – TRENCHING OPERATIONS...................................................................................................30 SECTION 14 – STORM SEWER CONSTRUCTION.......................................................................................33 SECTION 15 – SEWER MAIN CONSTRUCTION ...........................................................................................33 SECTION 16 – WATER MAIN CONSTRUCTION ...........................................................................................33 SECTION 17 – ELECTRICAL AND LIGHTING...............................................................................................33 SECTION 18 – PRECAST CONCRETE BOARDWALK................................................................................35
TECHNICAL SPECIFICATIONS
SECTION 05 50 00 - METAL FABRICATIONS
SECTION 11 68 13 - PLAYGROUND EQUIPMENT
SECTION 32 18 16 - PLAYGROUND PROTECTIVE SURFACING
SECTION 32 33 00 - SITE FURNISHINGS
SECTION 32 84 00 - LANDSCAPE IRRIGATION
SECTION 32 90 00 - LANDSCAPE INSTALLATION
SECTION 32 98 00 - LANDSCAPE MAINTENANCE
BID PROPSOSAL......................................................................................................................................... P-1 PROPOSAL TO THE PUBLIC WORKS DEPARTMENT....................................................................P-1 BID ITEM LIST ...................................................................................................................................P-3 LIST OF SUBCONTRACTORS ..........................................................................................................P-4 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION...............................................................P-5 PUBLIC CONTRACT CODE SECTIONS ...........................................................................................P-6 NONCOLLUSION AFFIDAVIT ...........................................................................................................P-7 DEBARMENT AND SUSPENSION CERTIFICATION.........................................................................P-8 NONLOBBYING CERTIFICATION FOR FEDERAL CONTRACTS....................................................P-9 DISCLOSURE OF LOBBYING ACTIVITIES......................................................................................P-10 BID CERTIFICATION .......................................................................................................................P-12 BIDDER’S BOND .............................................................................................................................P-13 CONTRACT ........................................................................................................................................ C-1 BID ITEM LIST .................................................................................................................................. C-4
FAITHFUL PERFORMANCE BOND
PAYMENT BOND
Page ii
SPECIAL NOTICE
The Contractor is responsible for all requirements contained within the State of California, Department of Transportation Standard Specifications, dated 2023, and these Special Provisions. These Special Provisions are intended to clarify, change, subtract, or add details and requirements to the Standard Specifications. Where conflicts or differences exist between the Standard Specifications and these Special Provisions, the Special Provisions shall govern. Contractor’s attention is directed to Section 5-
1.02, “Contract Components” of the Standard Specifications for further information regarding the governing ranking of contract parts.
The bidder’s attention is directed to the section entitled “Subcontracting” in Section 4 of the Special Provisions regarding the requirement that proposed subcontractors be listed in the bidder’s proposal.
Subcontractors performing work in excess of one-half of one percent of the total bid or $10,000, whichever is greater, shall be listed.
This project bid is subject to the Build America, Buy America Act (BABAA) requirements under Title IX of the Infrastructure Investment and Jobs Act (“IIJA”), Pub. L. 177-58. Absent an approved waiver, all iron, steel, manufactured products, and construction materials used in this project must be produced in the United States, as further outlined by the Office of Management and Budget’s Memorandum M-22-11, Initial Implementation Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure, April 18,2022.
Domestic Preference: Iron and steel products used in this project comply with the Build America, Buy America Act (BABAA) requirements mandated by Title IX of the Infrastructure Investment and Jobs Act (“IIJA”), Pub. L. 177-58.
Any request for substitute or “or equal” shall include the Manufacturer’s Certification of compliance with the Build America, Buy America Act (BABAA) requirements mandated by Title IX of the Infrastructure Investment and Jobs Act (“IIJA”), Pub. L. 177-58.
Exemptions may apply.
Page iii
CITY OF MARYSVILLE ELLIS LAKE PARK ENHANCEMENT PROJECT
PROPOSAL CONTRACT NO. 25-10
BID ITEM SECTION REFERENCE
Item
No. Item Description Estimated
Quantity Unit
1 Demolition of Existing Concrete walk & Portion of Cobble Bank 14,200 SF 2 Remove Existing Tree 17 EA
3 Relocate Existing Light (Includes new Pull Box & Wiring) 6 EA 4 Minor Concrete - Remove & Replace Curb & Gutter 15 LF 5 Excavation & Subgrade Preparation 1 LS
6 Boardwalk Cast in Place Foundation 59 EA
7 Boardwalk Foundation Additional Concrete for Voids 100 CY 8 11' Wide Precast Boardwalk (Includes All Components and Connection to Cast in Place Foundation)
8,922 SF
9 Drain Rock Under Boardwalk 1,010 TON
10 Boardwalk Railing 811 LF
11 Boardwalk Curb 811 LF
12 Sidewalk With 1 Deepened Edge 3,000 SF
13 Sidewalk with 2 Deepened Edges 9,000 SF
14 Sidewalk Without Deepened Edge 2,500 SF
15 Class 2 Aggregate Base (0.50 - feet) (under sidewalk) 550 TON 16 Accessible Ramp (Single Through - Case F) 4 EA
17 Stairs with Railing 1 LS
18 18" Retaining Curb at Stairs 38 LF
19 Decomposed Granite Section 2,500 SF
20 Fishing Pad - Railing 120 LF
21 Fishing Pad - Bench and Receptacle 5 EA
22 Pavement Delineation Crosswalk (Detail A24F - Ladder) 1 EA 1 Demolition of Existing Concrete 1,500 SF
2 Demolition of Existing Bridge 1 LS
3 Excavation & Subgrade Preparation 1 LS
4 Minor Concrete (New Sidewalks) (4") 2,450 SF
5 Class 2 Aggregate Base (0.50 - feet) (under sidewalk) 100 TON 6 10' Wide Precast Bridge (Includes All Components and Connection to Cast in Place Abutment)
2,800 SF
7 Bridge Railing 1 LS
8 Bridge Cast in Place Abutments 2 EA
9 Bridge Column 4 EA
10 Bench and Receptacle 1 EA
1 Demolition of Existing Concrete 80 SF
2 Excavation & Subgrade Preparation 1 LS
3 Accessible Ramp (Single Through - Case F) 2 EA
4 Minor Concrete (New Sidewalks) (4") 810 SF
5 Class 2 Aggregate Base (0.50 - feet) (under sidewalk) 40 TON 6 Play Curb 135 LF
7 Playground Ramp 1 EA
8 Playground Fence 125 LF
9 Playground Mulch 42 CY
10 Shade Structure 1 EA
11 Play Equipment (Rockpile) 1 EA
12 Play Equipment (Worm Climber) 1 EA
13 Play Equipment (Solo Spinner) 1 EA
1 Irrigation Repair 1 LS
2 Tree Protection Fencing 1 LS
3 Horticultural Analysis 1 EA
4 Trees 24" Box 11 EA
5 Seeded Turf Event Lawn 22,000 SF
6 Sod Turf Repair 8,300 SF
7 90 Day Maintenance 1 LS
Bid Schedule 4 - Landscaping & Irrigation
Bid Schedule 1 - Path / Boardwalk
Bid Schedule 2 - Gazebo Island Area
Bid Schedule 3 - Playground Area
Page iv
NOTICE TO CONTRACTORS
CITY OF MARYSVILLE
PUBLIC WORKS DEPARTMENT
Sealed proposals will be received at the City Clerk’s Office, City of Marysville, located at City Hall, 526 C Street, Marysville, California, 95901, until 1:30 P.M. on August 13, 2026, at which time they will be publicly opened and read aloud, for construction in accordance with the specifications to which special reference is made as follows:
ELLIS LAKE PARK ENHANCEMENT PROJECT
CONTRACT NO. 25-10
No bid will be considered unless it is made on the bid form included in the project Bid Book furnished by the Public Works Department obtained through Public Purchase online bidding service. Bids are required for the entire work described herein.
Each bid must be accompanied by cash, cashier’s check, certified check, or a bidder’s bond executed by an admitted surety insurer made payable to the City of Marysville for an amount equal to at least ten percent (10%) of the total bid amount, such guaranty to be forfeited should the bidder to whom the contract is awarded fail to enter into the contract.
GENERAL WORK DESCRIPTION
In general, this project consists of replacing the path along the east side of Ellis Lake from 10th Street north to 14th Street and down 14th Street, replacing it with a wider path that is a combination of concrete sidewalk and precast concrete boardwalk. This work includes tree removal, park lighting relocation, landscaping modifications, benches for fishing areas, and trash receptacles. Improving Gazebo Island by replacing the accessible path and pedestrian bridge and making landscaping enhancements. Installing a play area off of 11th Street on the east side of the lake.
For additional information, see the Project plans.
FUNDING SOURCES
This project is funded with State funds through the Clean California Grant, and local funds.
ENGINEER’S ESTIMATE
The Engineer’s Estimate for this contract is $3,500,000.
CONTRACT TIME
The Project has 125 Working Days.
PRE-BID MEETING
A non-mandatory pre-bid meeting is scheduled for 9:00 AM Wednesday, July 29, 2026, on site at 10th & B Street. The meeting is to inform bidders and potential subcontractors of project requirements, arranging solicitations, times for the presentation of bids, quantities, specifications, delivery schedules. The City will also answer any questions pertaining to the Plans, Contract, and Specifications.
Page v
OBTAINING OR INSPECTING CONTRACT DOCUMENTS
The Project Bid Book and Construction Plans can be downloaded in PDF format, online at https://www.marysville.ca.us/bids-rfps or can be obtained at the Public Works office, City of Marysville, 526 C Street, Marysville, California, 95901, for a non-refundable deposit of $75.00 per set. An additional nonrefundable deposit of $25.00 for shipping and handling is required for those requesting delivery by U.S. mail.
Deposit shall be in the form of a cashier’s check, personal check, or business check. If a contractor elects to submit a bid, the proposal form shall be on the from the City provides in the specifications or as modified by addendum.
Inquiries or questions based on alleged patent ambiguity of the plans, specifications or estimate must be communicated as a bidder inquiry prior to bid opening. The deadline for submitting questions is Friday July 31, 2026 at 4:00 p.m. Any such inquiries or questions, submitted after bid opening, will not be treated as a bid protest. Please direct questions to or to be placed on the plan holders list by contacting the public works department, (530) 749-3902. Inquiries may be submitted in writing to Director of Public Works, at 526 C Street, Marysville, CA 95901 or by e-mail to the Consultant City Engineer at [email protected].
LICENSING REQUIREMENTS
At the time that the City awards the contract for this project, the Contractor shall possess either a Class A Contractor’s License, or a combination of classes required by the categories and types of work included in this contract. The contract is subject to state contract nondiscrimination and compliance requirements pursuant to Government Code, Section 12990.
PREVAILING WAGE REQUIREMENTS
This project requires the payment of prevailing wage rates to members of each craft or classification performing work on this project.
Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in Yuba County have been determined by the Director of the California Department of Industrial Relations (DIR). A copy of the California State prevailing wage rates can be obtained online at the following link:
https://www.dir.ca.gov/public-works/prevailing-wage.html
BID RIGGING STATEMENT
The U.S. Department of Transportation (DOT) provides a toll-free hotline to report bid rigging activities. Use the hotline to report bid rigging, bidder collusion, and other fraudulent activities. The hotline number is (800) 424- 9071. The service is available 24 hours 7 days a week and is confidential and anonymous. The hotline is part of the DOT's effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General.
REGISTRATION WITH DIR
A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.
PAYMENT RETENTIONS AND SUBSTITUTION OF SECURITIES
Five Percent (5%) will be withheld from each progress payment made to the contractor for work performed and Page vi
will be held until completion of the work, its acceptance and the expiration of the period provided by law for filing liens by laborers or materialmen. In accordance with the provisions of § 22300 of the Public Contract Code of the State of California, securities may be substituted for the monies which the City withholds, or the Contractor may request that retention be paid to an escrow agent.
BIDDING PROVISIONS
In its discretion, the City Council of Marysville or its designee may reject any and all bids presented, may accept an item or group of items of any bid, may modify or cancel in whole or in part the notice inviting bids, and may determine to re-advertise for bids. Similarly, the City Council or its designee reserves the right to waive informalities and minor irregularities in any bids received.
Unit prices shall be shown on bids submitted as well as a total price for each item bid upon.
Date Published 07/13/26
MAGGIE SANCHEZ, CITY CLERK
CITY COUNCIL OF MARYSVILLE
CITY OF MARYSVILLE ELLIS LAKE PARK ENHANCEMENT PROJECT
PROPOSAL CONTRACT NO. 25-10
SPECIAL PROVISIONS
SECTION 1 – DEFINITIONS
1.1 GENERAL
The work embodied herein shall be done in accordance with the appropriate provisions of the Specifications entitled “State of California, Department of Transportation, Standard Specifications” dated 2023, insofar as the same may apply and in accordance with the following special provisions.
Whenever in said Standard Specifications and these Special Provisions the following terms are used, they shall be understood to mean and to refer to the following:
“Department” or “Department of Transportation” – The Public Works Department of the City of Marysville.
“Engineer” or “Director” – The City Engineer or the Director of Public Works of the City of Marysville or their authorized agents.
“Laboratory” – That laboratory designated by the Engineer. “State” – The City of Marysville.
Other terms appearing in the Standard Specifications and these Special Provisions shall have the intent and meaning specified in Section 1, Definition of Terms of the Standard Specifications.
In case of conflict between Standard Specifications and these Special Provisions, the Special Provisions shall take precedence over and be used in lieu of such conflicting portions.
End of Section
CITY OF MARYSVILLE
SPECIAL PROVISIONS
ELLIS LAKE PARK ENHANCEMENT PROJECT
CONTRACT NO. 25-10
SECTION 2 –PROPOSAL AND CONTRACT REQUIREMENTS
2.1 EXAMINATION OF PLANS, SPECIFICATIONS, AND SITE OF WORK The bidder is required to examine carefully the site of the proposed work, plans, special provisions, standard specifications, and contract forms for the work contemplated, and it will be assumed that the bidder investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and quantities of work to be performed and materials to be furnished, and as to the requirements of the Special Provisions and the contract.
It is mutually agreed that submission of a proposal shall be considered prima facie evidence that the bidder has made such examination.
2.2 PROPOSAL FORM
The Project Bid Book and Construction Plans may be obtained from the City web site in PDF format, online at https://www.marysville.ca.us/bids-rfps . To be placed on the plan holders list by contacting the public works department, (530) 749-3902 or by e-mail to the Consultant City Engineer at [email protected].
All proposals must give the prices proposed, with unit prices prevailing, and must be signed by the bidder with his address. Copies of proposal forms obtained from a source other than the City will not be allowed.
No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5 with limited exceptions from this requirement for bid purposes only under Labor Code Section 1771.1(a).
2.3 DELIVERY OF PROPOSAL
Said bid or proposal shall be delivered to the City Clerk’s Office, City of Marysville, in accordance with the Notice inviting sealed proposals.
2.4 WITHDRAWAL OF PROPOSAL
No bidder may withdraw his proposal for a period of ninety (90) days after the date set for the opening thereof.
2.5 COMPETENCY OF BIDDER
The City may require any bidder to furnish a statement of financial responsibility, technical ability and experience. No bid will be accepted from a Contractor who is not licensed under Chapter 9, Division 3, California Business and Professions Code.
2.6 REJECTION OF PROPOSALS
Proposals may be rejected if they show any alterations of form, additions not called for, conditional or alternative bids, incomplete bids, erasures, or irregularities of any kind.
The City reserves the right to waive any informality or irregularity in any bid or bidding. The right is reserved to reject any and all proposals.
CITY OF MARYSVILLE
SPECIAL PROVISIONS
ELLIS LAKE PARK ENHANCEMENT PROJECT
CONTRACT NO. 25-10
2.7 BIDDER GUARANTY
All bids shall be presented under sealed cover and shall be accompanied by cashier’s check, certified check, or bidder’s bond, made payable to the City of Marysville, for an amount equal to at least ten percent (10%) of said bid, and no bids shall be considered unless such cashier’s check, certified check, or bidder’s bond is enclosed herewith.
2.8 AWARD OF CONTRACT
All bids will be compared on the basis of the Engineer's Estimate of quantities of work to be done.
The contract, if awarded, will be based on the lowest responsible and responsive bid for the “Base Bid Schedule.”
No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5.
2.9 EXECUTION OF CONTRACT
The contract shall be executed by the successful bidder and returned, together with the contract bonds and certificates of insurance, within fifteen (15) days after the award of contract.
2.10 CONTRACT BONDS
Contractor shall provide, at the time of the execution of the agreement or contract for work and at his own expense, an admitted surety bond in an amount equal to at least one hundred percent (100%) of the contract price as security for the faithful performance of said agreement. Contractor shall also provide, at the time of the execution of the agreement or contract for the work, and at his own expense, a separate admitted surety bond in an amount equal to at least one hundred percent (100%) of the contract price as security for the payment of all persons performing labor and furnishing materials in connection with said agreement. Each bond shall be in the form included in these contract documents. Sureties on each of said bonds shall be satisfactory to the City Attorney.
2.11 GUARANTY OF WORK
Notwithstanding the acceptance of said work and improvements and inspection thereof by the City, Contractor guarantees all of said work and shall perform or cause to be performed repairs, additions, or corrective work caused by the deficiency or omission of Contractor for one (1) year after the work has been completed and accepted by the City. The Faithful Performance Bond herein provided shall cover the guarantee set forth in this paragraph.
2.12 TITLE VI ASSURANCES
During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONTRACTOR) agrees as follows:
a. Compliance with Regulations: CONTRACTOR shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement.
b. Nondiscrimination: CONTRACTOR, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. CONTRACTOR shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices
CITY OF MARYSVILLE
SPECIAL PROVISIONS
ELLIS LAKE PARK ENHANCEMENT PROJECT
CONTRACT NO. 25-10
when the agreement covers a program set forth in Appendix B of the Regulations. c. Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONTRACTOR for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONTRACTOR of the CONTRACTOR’S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin.
d. Information and Reports: CONTRACTOR shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of CONTRACTOR is in the exclusive possession of another who fails or refuses to furnish this information, CONTRACTOR shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts CONTRACTOR has made to obtain the information. e. Sanctions for Noncompliance: In the event of CONTRACTOR’s noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
i. withholding of payments to CONTRACTOR under the Agreement within a reasonable period of time, not to exceed 90 days; and/or
ii. cancellation, termination or suspension of the Agreement, in whole or in part. f. Incorporation of Provisions: CONTRACTOR shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.
CONTRACTOR shall take such action with respect to any sub-agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONTRACTOR becomes involved in, or is threatened with, litigation with a subapplicant or supplier as a result of such direction, CONTRACTOR may request the recipient enter into such litigation to protect the interests of the State, and, in addition, CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States.
2.13 FEDERAL LOBBYING RESTRICTIONS
Section 1352, Title 31, United States Code prohibits Federal funds from being expended by the recipient or any lower tier sub-recipient of a Federal-aid contract to pay for any person for influencing or attempting to influence a Federal agency or Congress in connection with the awarding of any Federal-aid contract, the making of any Federal grant or loan, or the entering into of any cooperative agreement.
If any funds other than Federal funds have been paid for the same purposes in connection with this Federal-aid contract, the recipient shall submit an executed certification and, if required, submit a completed disclosure form as part of the bid documents.
A certification for Federal-aid contracts regarding payment of funds to lobby Congress or a Federal agency is included in the Proposal. Standard Form - LLL, “Disclosure of Lobbying Activities,” with instructions for completion of the Standard Form is also included in the proposal. Signing the proposal shall constitute signature of the certification.
The above-referenced certification and disclosure of lobbying activities shall be included in each subcontract and any lower-tier contracts exceeding One Hundred Thousand Dollars ($100,000). All disclosure forms, but not certifications, shall be forwarded from tier to tier until received by the Engineer.
CITY OF MARYSVILLE
SPECIAL PROVISIONS
ELLIS LAKE PARK ENHANCEMENT PROJECT
CONTRACT NO. 25-10
The Contractor, subcontractors, and any lower-tier contractors shall file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed by the Contractor, subcontractors, and any lower-tier contractors. An event that materially affects the accuracy of the information reported includes:
1) A cumulative increase of Twenty-five Thousand Dollars ($25,000) or more in the amount paid or expected to be paid for influencing or attempting to influence a covered Federal action; or 2) A change in the person(s) or individual(s) influencing or attempting to influence a covered Federal action; or
3) A change in the officer(s), employees(s), or Member(s) contacted to influence or attempt to influence a covered Federal Action.
2.14 DISADVANTAGED BUSINESS ENTERPRISE (DBE)
This project is subject to Title 49 CFR 26.13(b):
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.
There is no DBE Contract goal.
End of Section
CITY OF MARYSVILLE
SPECIAL PROVISIONS
ELLIS LAKE PARK ENHANCEMENT PROJECT
CONTRACT NO. 25-10
SECTION 3 – CONTROL OF THE WORK
3.1 GENERAL
Attention is directed to the provisions of Section 5 of the Standard Specifications and the following provisions.
3.2 LINES, GRADES, AND SURVEYING
The Contractor shall be responsible for hiring a licensed land surveyor to perform all necessary construction staking. Construction staking shall be considered included in the price or prices bid for various related items of work in the bid schedule and no additional compensation will be allowed therefor.
3.3 INTENT OF PLANS AND SPECIFICATIONS
These Special Provisions, the Plans, the Standard Specifications, and all supplementary documents are essential parts of the contract, and a requirement occurring in one is as binding as though occurring in all. They are intended to be cooperative, to describe and to provide for a complete work. If a discrepancy exists:
Governing ranking of Contract parts in descending order is:
Special Provisions
Project Plans
Standard Specifications
Revised Standard Plans
Standard Plans
Supplemental Project Information
Written numbers and notes on a drawing govern over the graphics Detail drawing governs over a general drawing
Specific specification governs over a general specification Specification in a section governs over a specification referenced by that section If a discrepancy is found or confusion arises, submit an RFI
3.4 ENVIRONMENTAL CONTROL
Attention is directed to Sections 13 and 14 of the Standard Specifications. The Contractor shall comply with all environmental control rules, regulations, ordinances, and statutes that apply to the project and any work performed pursuant to the contract.
Contractor shall haul away and dispose of all removed waste materials at a proper disposal site.
Unless otherwise designated, all trees, landscaping, and shrubbery shall be protected.
Contractor will be required to provide the City a spill countermeasure plan prior to beginning construction.
3.5 FINAL INSPECTION
The Contractor shall notify the Engineer in writing of the completion of the work, and the Engineer will promptly inspect the work. The Engineer will develop a final punch list, and the Contractor will be notified in writing of any defects or deficiencies to be remedied. When notified that this work has been completed, the Engineer will again inspect the work and when satisfied that all work has been done in accordance with the contract drawings and these Special Provisions, he will recommend to the City Council that they formally accept the contract as complete. The completion date, for purposes of computing “Time for Completion” and liquidated damages, if any, will be considered to be the date of Contractor’s first written completion notice, provided that, in the Engineer’s judgment, the work is substantially complete and operational at that time.
End of Section
CITY OF MARYSVILLE
SPECIAL PROVISIONS
ELLIS LAKE PARK ENHANCEMENT PROJECT
CONTRACT NO. 25-10
SECTION 4 –LEGAL REGULATIONS AND RESPONSIBILITY TO THE PUBLIC
4.1 Laws to be Observed
The Contractor shall keep himself fully informed of all existing state and national laws and all municipal ordinances and regulations of the City of Marysville which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same.
4.2 Prevailing Wages
It shall be mandatory upon the Contractor to whom the contract is awarded, and upon any subcontractor under him, to pay not less than the specified rates as listed in the “Notice to Contractors” to all laborers, workmen, and mechanics employed by them in the execution of the contract. The Contractor shall provide the City with a certified copy of all payroll records in accordance with Section 1776 of the Labor Code. The Contractor and all subcontractors shall furnish electronic certified payroll records directly to the Labor Commissioner (aka Division of Labor Standards Enforcement).
4.3 Permits and Licenses
The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work. There will be no charge for the permits from the City.
All contractors, including subcontractors, shall have a City business license in accordance with the Marysville Municipal Code.
4.4 Indemnity
The City of Marysville and all officers and employees thereof connected with the work, including but not limited to the Director and the Engineer, shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the work; for injury to or death of any person, either workmen or the public; or for damage to property from any cause which might have been prevented by the Contractor, or his workmen, or anyone employed by him.
The Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person, including but not limited to workmen and the public, or damage to property resulting from defects or obstructions or from any cause whatsoever during the progress of the work or at any time before its completion and final acceptance.
The Contractor shall indemnify and save harmless the City of Marysville and all officers and employees thereof connected with the work, including but not limited to the Director and the Engineer, from all claims, suits or actions of every name, kind and description, brought forth, or on account of, injuries to or death of any person, including but not limited to workmen and the public, or damage to property resulting from the performance of a contract, except as otherwise provided by statute. The duty of the Contractor to indemnify and save harmless includes the duties to defend as set forth in Section 2778 of the Civil Code.
With respect to third party claims against the Contractor, the Contractor waives any and all rights to any type of express or implied indemnity against the City, its officers or employees.
It is the intent of the parties that the Contractor will indemnify and hold harmless the City, its officers and employees from any and all claims, suits or actions as set forth above regardless of the existence or degree of fault or negligence on the part of the City, the Contractor, the subcontractor or employee of any of these, other than the active negligence of the City, its officers and employees.
4.5 Insurance
CITY OF MARYSVILLE
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ELLIS LAKE PARK ENHANCEMENT PROJECT
CONTRACT NO. 25-10
The Contractor shall procure and maintain for the duration of the contract insurance against all claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors.
Minimum Scope of Insurance – Coverage shall be at least as broad as:
Insurance Services Offices Commercial General Liability coverage (occurrence Form CG 00 01) including products and completed operations.
Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code I (any auto).
Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.
Minimum Limits of Insurance – The Contractor shall maintain limits no less than:
General Liability: $2,000,000 per occurrence for bodily injury, personal injury, and property damage. The aggregate limit shall be $2,000,000 and shall apply separately to the Contractor’s work under this contract.
Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
Workers Compensation: Statutory limits.
Employers’ Liability: $1,000,000 each accident, $1,000,000 policy limit bodily injury by disease, $1,000,000 each employee bodily injury by disease.
If the contractor maintains higher limits than the minimums shown above, the City shall be entitled to coverage for the higher limits maintained by the contractor.
Deductibles and Self-Insurance Retention – Any deductibles or self-insurance retention must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insurance retention as respects the City, its officers, officials, employees and volunteers, or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
Other Insurance Provisions – The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
The City, its officers, officials, employees, and volunteers are to be covered as insureds on the CGL and automobile liability policies with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, 11 85 or both CG 20 10 and CG 23 37 forms if later revisions are used).
For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
Each insurance policy required by this clause shall provide that coverage shall not be canceled, except after 30 days prior written notice has been provided to the City or 10 days prior written notice for non-payment of premium.
Acceptability of Insurer – Insurance is to be placed with insurers with a current A.M. Best rating of no less than A:VII unless otherwise acceptable to the City. Exception may be made for the State Compensation Insurance Fund when not specifically rated.
Verification of Coverage – Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this
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ELLIS LAKE PARK ENHANCEMENT PROJECT
CONTRACT NO. 25-10
contract. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.
Subcontractors – Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein.
Waiver of Subrogation – Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors.
If the Contractor fails to maintain any insurance as required by this section, the City of Marysville may take out such insurance to cover any damages for which the City of Marysville might be held liable on account of the operations under this contract, and deduct and retain the amount of the premiums for such insurance from any sums due the Contractor under the contract. Nothing herein contained shall be construed as limiting in any way the extent to which the Contractor may be held responsible for payment of damages resulting from his operations, or those of any subcontractor under him.
Maintenance of proper insurance coverage is a material element of the contract and failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.
4.6 No Personal Liability
Neither the Mayor, the Council, the Engineer, nor any other officer or authorized assistant or agent shall be personally responsible for any liability arising under the contract.
4.7 Responsibility of City
The City shall not be held responsible for the care or protection of any materials or parts of the work prior to final acceptance, except as expressly provided in these Special Provisions.
4.8 Domestic Materials
Only such materials shall be used in the performance of this contract as conform to the requirements of Chapter 4 of Division 5 of Title 1 of Government Code of the State of California except as otherwise provided in certain treaties and general trade agreements of the United States.
4.9 Apprenticeship Requirements
Attention is directed to the provisions in Sections 1777.5, 1777.6 and 1777.7 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him.
CITY OF MARYSVILLE
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CONTRACT NO. 25-10
Section 1777.5, as amended in 1989, requires the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will fix the ratio of apprentices to journeymen that will be used in the performance of the contract to be not less than one to five hours except:
When employment in the area of coverage by the joint apprenticeship committee has exceed an average of fifteen percent (15%) in the ninety (90) days prior to the request for certificate; or When the number of apprentices in training in the area exceeds a ratio of one to five (1:5); or When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally; or
When the contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen; or When a joint apprenticeship committee submits an application to DAS for an alternative ratio based on a 1:5 daily worker count if the hourly ratio is not feasible for that particular craft or trade.
In addition to the above exceptions, contracts of specialty contractors not bidding through a general contractor and involving less than twenty (20) working days or Thirty Thousand Dollars ($30,000) are exempt from the provisions of Section 1777.5. This is the same exemption that applies to contracts of general contractors.
However, a subcontractor bidding through a general contractor must comply with Section 1777.5 no matter how small the subcontract if the contract between the general contractor and the awarding body is covered by Section 1777.5.
Effective January 1, 1990, the Contractor must promptly provide certain contract award information to the joint apprenticeship committee of the apprenticeable craft or trade in the area of the site of the public work. This contract award information must include an estimate of the journeymen hours required, the number of apprentices to be employed, and the approximate date of apprentice employment.
The Contractor is required to make contributions to local funds established for the administration of apprenticeship programs or to the California Apprenticeship Council if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other Contractors on the public works site are making such contributions.
Noncompliance by the Contractor and subcontractor under him with the requirements of Sections 1777.5 and 1777.6 shall result in denial of right to bid on contracts and civil penalties as more particularly set forth in Section 1777.7.
Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
4.10 Subcontracting
Attention is directed to the provisions in Section 5-1.13, “Subcontracting” of the Standard Specifications. The “Subletting and Subcontracting Fair Practices Act” (Public Contract Code Section 4100 through and including 4114, inclusive) shall apply to the work the subject of this invitation. Said Act requires subcontractors, if used for such work, to be listed and identified in the prime contractor’s proposal. It further prohibits the substitution of subcontractors, except as therein specifically authorized (Section 4107 and 4107.5); said Act provides that if the prime contractor fails to specify a subcontractor or specifies more than one subcontractor for the same portion of the work to be performed, in excess of one-half of one percent of the prime contractor’s total bid,
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ELLIS LAKE PARK ENHANCEMENT PROJECT
CONTRACT NO. 25-10
under those circumstances, it shall be presumed that the prime contractor agrees that he is fully qualified to perform the work himself and that he shall perform the work himself. Each bidder shall, with respect to the work the subject of this invitation, list in his proposal:
The name and location of the place of business of each subcontractor who will perform work or labor or render services to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent of the prime contractor’s total bid.
The portion of the work which will be done by each such subcontractor. One subcontractor shall be listed for each such portion.
4.11 Differing Site Conditions
During the progress of the work, the Contractor shall immediately, and before the following conditions are disturbed, notify the Engineer, in writing, of any:
Material that the contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law;
Subsurface or latent physical conditions at the site differing from those indicated; Unknown physical conditions at the site differing from and generally recognized as inherent in work of the character provided for in the contract.
Upon written notification, the Engineer will promptly investigate the conditions, and if the Engineer finds that the conditions do materially 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, an adjustment, excluding loss of anticipated profits, will be made and the contract modified in writing accordingly.
In the event that a dispute arises 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.
4.12 Working Hour Restrictions
Attention is directed to the provisions in Section 7.102K(5), “Working Hours” of the Standard Specifications.
Eight (8) hours of labor is a legal day’s work. Any worker’s time of service is restricted to eight (8) hours during any calendar day and forty (40) hours during a calendar week, unless overtime compensation is paid at not less than one and one-half times the basic rate of pay. The Contractor shall pay a penalty of Twenty- five Dollars ($25) for each day a worker is employed in violation of these provisions.
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ELLIS LAKE PARK ENHANCEMENT PROJECT
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4.13 Examination and Audit
Notwithstanding any other provision of law, every contract involving the expenditure of public funds in excess of Ten Thousand Dollars ($10,000) entered into by any State agency, board, commission, or department, or by any other public entity, including a City, County, or District, shall be subject to the examination and audit of the State Auditor, at the request of the public entity or as part of any audit of the public entity, for a period of three (3) years after final payment under the contract. Contractor shall also be subject to examination and audit for the same time period.
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CITY OF MARYSVILLE
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ELLIS LAKE PARK ENHANCEMENT PROJECT
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SECTION 5 – WATER AND DUST CONTROL
5.1 Water
Water, if obtained from a California Water Service fire hydrant, shall be metered and permitted through California Water Service. A service charge and deposit will be required for each meter installation required for said metering.
The Contractor shall not leave any hose attached to a fire hydrant except when actually drawing water therefrom and shall keep hydrants clear for possible use by the Fire Department.
5.2 Dust Control
Dust control measures shall be taken in conformance to Section 10-5, “Dust Control” of the Standard Specifications. Contractor shall water the construction site at sufficient intervals to preclude the nuisance of dust caused by the Contractor’s operations and/or wind and traffic, at no additional compensation.
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CITY OF MARYSVILLE
SPECIAL PROVISIONS
ELLIS LAKE PARK ENHANCEMENT PROJECT
CONTRACT NO. 25-10
SECTION 6 – PROGRESS OF THE WORK, LIQUIDATED DAMAGES, AND CONTRACT TIME
6.1 Prosecution of Work
The City will issue a Notice to Proceed to the Contractor after the contracts have been fully executed. The Contractor shall diligently prosecute the work to completion before the expiration of the number of working days provided herein.
6.2 Liquidated Damages
Should the Contractor fail to complete all work under the contract within the time provided therefor, he shall pay to the City the sum of one thousand dollars ($1,000) for each calendar day delay in finishing the work beyond such contract period, all in accordance with Section 8-1.10 of the Standard Specifications. The City may deduct such payment from the amounts due the Contractor under the contract.
6.3 Time for Completion
All work under this contract shall be completed within a maximum of one hundred twenty-five (125) working days from the date stated in the Notice to Proceed as the date to start work.
The lead time for the poles and lighting equipment will not count against the working days on the project unless the contractor is actively working on the site during that period. Though, Contractor shall prioritize providing submittals for items with extended lead times.
6.4 Extension of Contract Time
If the Contractor finds it impossible, for reasons beyond his control, to complete the work within the contract time as specified or as extended in accordance with the provisions of this subsection, he may, at any time prior to the expiration of the contract time, as extended, make a written request to the Engineer for an extension of time, setting forth therein the complete facts which he believes will justify the granting of such request.
The Contractor’s pleas that insufficient time was originally specified shall not constitute a valid reason for extension of contract time. If the Engineer determines that the prosecution of the work was delayed or hampered by conditions beyond the control and without the fault of the Contractor, he may extend the time for completion in such amount as conditions may justify. Such extended time for completion shall then be in full force and effect the same as though it were the original time for completion.
Suspension of work by the Engineer, or extension of the contract time, shall not constitute grounds for any claims by the Contractor for damages or extra compensation, but the period of such suspensions or extensions shall be taken into consideration in determining the time for completion, as herein provided. When final acceptance has been duly made by the Engineer, as prescribed in Section 3.5, the daily time charge will cease.
Any dispute hereunder shall be considered pursuant to the Standard Specifications, and the Contractor shall give immediate notice to the Engineer, along with all pertinent facts relative to such dispute.
Subsection not used in this contract.
6.5 Force Account Payment
The added markup of Labor, Materials, and Equipment Rental as listed in Sections 9-1.04B, “Labor,” 9-1.04C, “Materials,” and 9-1.04D, “Equipment Rental,” are amended as follows:
To the total of the direct costs there will be added a markup of 15 percent to the cost of labor, 12 percent to the cost of materials and 12 percent to the equipment rental.
CITY OF MARYSVILLE
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ELLIS LAKE PARK ENHANCEMENT PROJECT
CONTRACT NO. 25-10
6.6 Pre-construction Conference
Prior to the issuance of the Notice to Proceed, a pre-construction conference will be held at the office of the Public Works Director for the purpose of discussing with the Contractor the scope of work, contract drawings, specifications, existing conditions, materials to be ordered, equipment to be used, and all essential matters pertaining to the prosecution and the satisfactory completion of the project as required. The Contractor shall provide the following items at the pre-construction conference:
• Schedule
• Jobsite Photographs
The Contractor’s representatives at this conference shall include all major superintendents for the work and may include major subcontractors.
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CITY OF MARYSVILLE
SPECIAL PROVISIONS
ELLIS LAKE PARK ENHANCEMENT PROJECT
CONTRACT NO. 25-10
SECTION 7 – PAYMENT
7.1 General
Payment will be made on the basis of the unit prices bid for the various items of work and the quantities of such items completed, and measured in accordance with these Special Provisions.
The prices bid for the various items of work, as listed on the bid schedule, shall be full compensation for furnishing all labor, tools, equipment, materials, and services required by the Plans, these Special Provisions, and the Standard Specifications, to provide a complete work serviceable in all respects. Unless otherwise noted on the plans or specified in these Special Provisions, no additional compensation will be made for incidental work identified in the Plans, these Special Provisions, or the Standard Specifications. Compensation for such incidental work shall be considered included in the price or prices bid, for various related items of work, in the bid schedule.
7.2 Progress Payments
The City will make monthly progress payments to the Contractor for the work under the contract. Such progress payments are not intended to imply acceptance of the work completed or to be accurate as to the quantities of work indicated, but to provide the Contractor with operating capital reasonably consistent with the amount of work completed and materials supplied.
The amounts of such progress payments will be based on the Engineer’s Estimate of the quantities or portions of the work completed at the time of preparation of such estimate.
Upon Contractor’s submittal of documentation of the amounts paid for acceptable materials furnished at the site, but not yet installed, the cost of such materials will be compensated in the progress payments, to a maximum of fifty percent (50%) of the associated bid price.
A retention of five percent (5%) of the total value of the work completed to date will be made from the amount due on each progress payment for partial security for fulfillment of the contract. At the Contractor’s request and at his expense, he may offer to substitute securities within the meaning of Section 22300 of the Public Contract Code in an amount equivalent to the amount withheld, to wit, bank or savings and loan certificates of deposit. This option is available to the Contractor as provided by Section 22300 of the Public Contract Code and must be initiated by him by request and at his sole cost and expense, and upon such request, City shall permit the substitution of securities equivalent to the amount withheld to ensure satisfactory completion and fulfillment of the contract. Contractor shall remain the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon during the period of retention. Such securities shall be released to Contractor upon satisfactory completion of the contract, to wit, thirty-five (35) days from and after the Notice of Completion.
The securities deposited by Contractor as substitution for funds withheld shall be deposited with City pursuant to the provisions of Section 22300 of the Public Contract Code and shall be ultimately released at the conclusion and satisfactory completion of the contract as herein provided for.
7.3 Final Payment
The Engineer will, after completion of the work, make a final estimate of the amount of work done thereunder, and the value of such work, and the City will pay the entire sum so found to be due after deducting therefrom all previous payments and all amounts to be kept and all amounts to be retained under the provisions of the contract. All prior partial estimates and payments shall be subject to correction in the final pay estimate and payment. The final payment will not be due and payable until the expiration of thirty-five (35) days from the date of recordation of the notice of acceptance of completion in the Office of the County Recorder of Yuba County.
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CONTRACT NO. 25-10
It is mutually agreed between the parties to the contract that no payments made under the contract shall be conclusive evidence of the performance of the contract, either wholly or in part, against any claim of the City, and no payment shall be construed to be acceptance of any defective work or improper material.
7.4 Resolution of Claims
This section is intended to comply with Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3 of Division 2 of the Public Contract Code and shall apply to all claims by the Contractor against the City in any amount arising out of or relating to the contract.
Claims filed by the Contractor shall be in writing and shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. Claims must be filed on or before the date of Final Payment.
Nothing herein is intended to extend the time limit or supersede notice requirements otherwise provided by the Contract for the filing of claims. Claims submitted by the Contractor shall be accompanied by a notarized certificate containing the following language:
Under the penalty of law for perjury or falsification and with specific reference to the California False Claims Act, Government Code Section 12650 et. seq., the undersigned, (name) title of (company) ,
hereby certifies that the claim for the additional compensation and time, if any, made herein for the work on this contract is a true statement of the actual costs incurred and time sought, and is fully documented and supported under the contract between parties.
Dated /s/
Subscribed and sworn before me this day of
Notary Public
My Commission Expires
Failure to submit the notarized certificate will be sufficient cause for denying the claim.
The Contractor shall keep full and complete records of the costs and additional time incurred for any work for which a claim for additional compensation is made. The Engineer or any designated claim investigator or auditor shall have access to those records and any other records as may be required by the Engineer to determine the facts or contentions involved in the claims. Failure to permit access to such records shall be sufficient cause for denying the claims.
For claims of less than Fifty Thousand Dollars ($50,000), the Engineer shall respond in writing to any written claim within forty-five (45) days of receipt of the claim, or may request, in writing, within thirty (30) days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the City may have. The Engineer’s written response to the claim, as further documented, shall be submitted to the Contractor within fifteen (15) days after receipt of further documentation or within a period of time no greater than that taken by the Contractor in producing the additional information, whichever is greater.
For claims over Fifty Thousand Dollars ($50,000), the Engineer shall respond in writing to all written claims within sixty (60) days of receipt of the claim, or may request, in writing, within thirty (30) days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the City may have.
The Engineer’s written response to the claim, as further documented, shall be submitted to the Contractor within thirty (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, whichever is greater. If the Contractor disputes the Engineer’s written response, or if the Engineer fails to respond within the time prescribed, the Contractor may notify the Engineer, in writing, either within fifteen (15) days of receipt of Engineer’s response or within fifteen (15) days of the Engineer’s failure to respond within
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CONTRACT NO. 25-10
the time prescribed, respectively, and demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon such written demand, City shall schedule a meet and confer conference within thirty (30) days for settlement of the dispute.
If following the meet and confer conference, the claim or any portion remains in dispute, the Contractor may file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Divisions 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor initially submits the written claim pursuant the section until the time the claim is denied, including any period of time utilized by the meet and confer conference.
As provided by Public Contract Code Section 20104.4, the following procedures are established for all civil actions filed to resolve claims subject to this section:
Within sixty (60) days, but no earlier than thirty (30) days, following the filing or responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the election within fifteen (15) days by both parties of a disinterested third person as mediator, shall be commenced within thirty (30) days of the submittal, and shall be concluded within fifteen (15) days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the Court.
If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of such Code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subparagraph consistent with the rules pertaining to judicial arbitration. Arbitrators shall, when possible, be experienced in construction law. In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any party appealing in arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under such chapter, also pay the attorneys’ fees on appeal of the other party.
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CITY OF MARYSVILLE
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ELLIS LAKE PARK ENHANCEMENT PROJECT
CONTRACT NO. 25-10
SECTION 8 – QUANTITIES AND MATERIALS
8.1 Quantities
The estimate of the quantities of work to be done and materials to be furnished are approximate only, being given as a basis for the comparison of bids, and the City does not express or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work that may be deemed necessary or expedient by the Engineer.
8.2 Materials
All materials required to complete the work under the contract shall be furnished by the Contractor, except such as is mentioned in these special provisions to be furnished by the City.
This project is subject to the Build America, Buy America Act (BABAA) – Requirements instituted by the Bipartisan Infrastructure Law of 2021 mandating domestic preference that all iron and steel, manufactured products, and construction materials are produced in the United States.
8.3 Quality Control
Contractor shall provide material submittals for all materials to be used on this contract. Material submittals shall be delivered to the Engineer a minimum of eight (8) working days prior to their scheduled use, and shall be approved by the Engineer prior to use.
Full compensation for providing material submittals and Certificates of Compliance shall be considered as included in the prices paid for the various contract items of work, and no separate payment will be made therefor.
8.4 Testing Methods and Frequency
Subsection not used in this contract.
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CITY OF MARYSVILLE
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ELLIS LAKE PARK ENHANCEMENT PROJECT
CONTRACT NO. 25-10
SECTION 9 – SAFETY PRECAUTIONS
9.1 Preservation of Property
Due care shall be exercised to avoid injury to existing improvements, utility facilities, adjacent property, and roadside trees and shrubbery that are not to be removed or relocated. Concrete surfaces including curbs and sidewalks that are not to be removed shall not be defaced or damaged in any manner, including markings with paint, asphalt overspray, etc. Contractor is to video or photograph job site to document existing conditions prior to start of work. Photographs and video shall be dated and labeled for location. One copy of the video or photographs shall be provided to the City.
Trees and shrubbery that are not to be removed, and pole lines, fences, signs, markers and monuments, buildings and structures, conduits, pipe lines under or above ground, sewer and water lines, all facilities and any other improvements or facilities within or adjacent to the work shall be protected from injury or damage, and if ordered by the Engineer, the Contractor shall provide and install suitable safeguards to protect such objects from injury or damage. If such objects are injured or damaged by the Contractor’s operations, they shall be replaced or restored at the Contractor’s expense, to a condition as good as when the Contractor entered upon the work, or as good as required by the Specifications accompanying the contract, if any such objects are a part of the work being performed under the contract. Damaged sanitary sewer services and storm drain laterals shall be repaired at Contractor’s expense, as shown on the detail sheet on the plans. The Engineer may make or cause to be made such temporary or permanent repairs as are necessary to restore to service any damaged facility. The cost of such repairs shall be borne by the Contractor and may be deducted from any monies due or to become due to the Contractor under the contract.
Full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in protecting or repairing property as specified in these Special Provisions shall be considered as included in the prices paid for the various contract items of work and no additional compensation will be allowed therefor.
9.2 Obstructions
The location of underground utilities shown on the plans represent the best information available to the City but should be considered as being approximate only. Utility lines may exist that are not as shown on the plans.
The exact locations of underground facilities and improvements within the construction area shall be ascertained by the Contractor before using equipment that may damage such facilities or interfere with their service. Contractor will be held liable to the owners of such facilities for any damage or interference with service resulting from his operations.
9.3 Interruption of Service
No valves or other controls on existing utility systems shall be operated for any purpose by the Contractor without prior approval of the Engineer and/or the utility company.
9.4 Safety Devices
Sufficient and adequate signs, lights, barricades and cones shall be furnished, placed, and maintained throughout the construction project as may be deemed necessary by the Engineer to adequately protect the public from injury or unnecessary inconvenience due to the construction operations. Cones shall have two white reflective bands and all barricades shall be equipped with safety lighting. Payment to the Contractor for all costs incurred by him in conforming to this section shall be considered as included in payment for other items of work and no additional special payment will be made therefor.
CITY OF MARYSVILLE
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CONTRACT NO. 25-10
9.5 Maintaining Traffic
Attention is directed to Section 7-1.04 of the Standard Specifications. The Contractor will be required to furnish the City a work schedule sufficiently detailed so that the City may ascertain therefrom what effect the Contractor’s proposed construction program will have on traffic through the construction area. The contractor shall obtain an encroachment permit for any traffic control devices place along B Street or 9th Street or any impact on B Street from 14th Street Traffic Control.
The Contractor shall conduct his operation to offer the least possible obstruction and inconvenience to the public, and he shall have under construction no greater amount of work than he can prosecute properly with due regard to the rights of the public. Temporary approaches at private driveways shall be provided as needed and when ordered by the Engineer and shall be kept in good condition.
Temporary altered or alternate accessible pedestrian route of travel shall be provided around any sidewalk closure at all times. Altered and alternate routes of travel shall comply with Sections 6D.01, 6D.02, and 6D.05 of the California Manual on Uniform Traffic Control Devices and shall be kept in good usable condition.
Temporary altered or alternate pedestrian routes of travel shall be accompanied by temporary accessible pedestrian channelizing devices or barricades. If pedestrian barricades are to be used, they shall be located such that a disabled pedestrian shall not have to backtrack more than one block in order to reach an identified alternate route of travel. Accessible pedestrian channelizing devices and barricades shall comply with Sections 6F.63, 6F.68, and 6F.71 of the California Manual on Uniform Traffic Control Devices.
Spillage resulting from hauling operation along or across a public traveled way shall be removed immediately at the Contractor’s expense.
General Traffic Control Requirements:
Contractor shall provide adequate notice to City and to affected property owners of closures twentyfour (24) hours prior to closure.
Contractor shall assure that adequate ingress and egress is provided to all commercial establishments adjacent to the work at all times.
Contractor shall assure that residents of residential properties adjacent to the work are afforded reasonable and safe access to their property, and that overnight parking of their vehicles on such property is not restricted except when suitable on-street parking is available.
Trenches which have been backfilled but not fully restored and which are to be utilized by public traffic shall be temporarily patched with cold mix asphalt prior to traffic usage unless otherwise approved by the Engineer.
End of Section
CITY OF MARYSVILLE
SPECIAL PROVISIONS
ELLIS LAKE PARK ENHANCEMENT PROJECT
CONTRACT NO. 25-10
SECTION 10 – DESCRIPTION OF THE WORK
In general, this project consists of replacing the path along the east side of Ellis Lake from 10th Street north to 14th Street and down 14th Street, replacing it with a wider path that is a combination of concrete sidewalk and precast concrete boardwalk. This work includes tree removal, park lighting relocation, landscaping modifications, benches for fishing areas, and trash receptacles. Improving Gazebo Island by replacing the accessible path and pedestrian bridge and making landscaping enhancements. Installing a play area off of 11th Street on the east side of the lake.
For additional information, see the Project plans.
End of Section
SECTION 11 – EARTHWORK & PAVING
11.1 Tree Removal – Tree removal shall be done in compliance with Section 16, “Clearing and Grubbing,” of the Standard Specifications. Payment will be made at the unit price bid therefor in the bid schedule; except when no bid item is provided for tree removal, the cost therefor shall be included in the price bid for clearing and grubbing.
11.2 Clearing and Grubbing – Clearing and grubbing shall conform to the provisions of Section 16 of the Standard Specifications. Clearing shall consist of the satisfactory removal and disposal of all debris and rubbish within the bounds of the contract right-of-ways, including all objects, bushes, and material called for on the plans or necessary for the prosecution of the work for which a separate bid item is not provided. Grubbing shall consist of the removal of stumps, tree roots and other objectionable material within the limits directed. Depressions made by grubbing shall be filled, compacted and graded to conform to the original ground surface.
11.3 Concrete Removal – Concrete removal shall be done in accordance with Section 15-3 of the Standard Specifications as shown on the plans and as directed by the Engineer. Concrete removal shall be to neat saw cut lines, as directed by the Engineer. Concrete removed shall be disposed of by the Contractor. Measurement for payment shall be made by the Engineer before or during removal operations.
11.4 Earthwork – The earthwork involved shall conform to the provisions for “Roadway Excavation” of Section 19 of the Standard Specifications except as modified by these Special Provisions. a. Excavation – Excavation shall consist of all excavation on the project involved in the grading and construction of roadways, curb and gutters, sidewalks and driveways. Surplus excavated material shall be disposed of by the Contractor.
b. Compaction – The relative compaction of original ground areas below the grading plane to a point six inches (6”) below the grading plane, and embankment areas, under base and surfacing and concrete work plus two feet (2’) each side thereof, shall be compacted to a relative compaction of ninety percent (90%) of California Test 216.
If subsidence occurs as a result of compacting original ground, the Contractor shall borrow selected earth material from excavation and shall compact the same to the elevation of the grading plane in accordance with these Special Provisions. Full compensation for excavating and placing such selected earth material will be considered as included as part of work involved in compacting original ground.
CITY OF MARYSVILLE
SPECIAL PROVISIONS
ELLIS LAKE PARK ENHANCEMENT PROJECT
CONTRACT NO. 25-10
c. Testing Compaction – Testing shall be done in accordance with Section 8.4 of these Special Provisions as determined by the Engineer. For testing purposes, moving averages will be based on separate areas consisting of contiguous construction areas.
d. Payment – Payment for the labor, materials, tools, equipment, and incidentals required for doing all the work involved in excavating, loading, hauling, depositing, spreading, and compacting subgrade material and other earthwork, including furnishing and applying water and disposing of surplus materials shall be considered as included in the price bid for “Excavation & Subgrade Preparation” in the schedule.
11.5 Restrictions on Purchases of Mined Materials – Per Section 20676 of the Public Contract Code, any construction aggregate (sand, gravel, crushed rock, road base, etc.) shall be purchased from an operation listed on the 3098 List. The 3098 List can be viewed at the Department of Conservation’s Office of Mine Reclamation (OMR) website:
https://www.conservation.ca.gov/dmr
To confirm whether or not a specific operator is on or off the list at any time, contact the Office of Mine Reclamation at (916) 323-9198.
11.6 Aggregate Base – Shall be Class 2 – ¾” maximum grading and shall conform to Aggregate Base Section 26 of the Standard Specifications, except as modified herein.
The surface of the finished aggregate base at any point shall not vary more than 0.05 foot above or below the grade established by the Engineer.
Aggregate base shall not be placed on the prepared subgrade until the Engineer has given his approval of the prepared subgrade.
The aggregate base shall be ninety-five percent (95%) compacted and the method of compaction shall be suitable for the backfill material used, and shall be approved by the Engineer Measurement for payment of aggregate base shall be from edge to edge of hardscape surface. The contract price per ton shall include full compensation for furnishing all labor, tools, materials, and equipment involved in constructing aggregate base complete in place as shown on the plans and directed by the Engineer.
11.7 Prime Coat – Not used.
11.8 Paint Binder – A paint binder (asphaltic emulsion) shall be furnished and applied in conformance with Section 39-1.09C of the Standard Specifications, except that full compensation for furnishing and applying paint binder (asphaltic emulsion) and sanding (if directed by the Engineer) shall be considered as included in the price paid for asphalt concrete and no additional compensation will be allowed therefor.
11.9 Pavement Repair – Pavement repair shall include removing pavement failures as marked on the street by the Engineer, compacting the base material, and placing asphalt concrete. Individual pavement repairs will be not less than two feet (2’) wide and not less than eight (8) square feet in area. All street cuts around defective areas will be done with a saw, cut to full depth of the pavement. At the Contractor’s option, defective areas may be removed by grinding to the full depth of the pavement without saw cutting the perimeter of the defective area.
The existing material shall be removed to a minimum depth of four inches (4”), but in no case less than the depth
CITY OF MARYSVILLE
SPECIAL PROVISIONS
ELLIS LAKE PARK ENHANCEMENT PROJECT
CONTRACT NO. 25-10
of the existing pavement. The existing base material shall be compacted to a density of ninety-five percent (95%). If there is no base material, pave section with four inches (4”) of asphalt concrete. If the existing pavement is thicker than four inches (4”), Class 2 aggregate base shall be used to fill the excavation to a depth of four inches (4”). At the contractor’s option, if the existing pavement is thicker than four inches (4”), the section may be paved full depth with asphalt concrete.
If, in the opinion of the Engineer, the existing subgrade material is unsuitable, the subgrade material shall be removed to a depth as directed by the Engineer, replaced with Class 2 aggregate base, and compacted to a relative density of ninety-five percent (95%). The removal and replacement of subgrade material will be paid as force account work.
The edges of the existing pavement shall be tacked with SS-1 emulsified asphalt immediately prior to paving.
Asphalt concrete shall be type “B” and conform to Section 39 of the Standard Specifications.
The Contractor shall be responsible for disposing of all excavated materials off-site.
The contract unit price per square foot for “Pavement Repair” shall include full compensation for furnishing all labor (including flagmen), materials, tools, and equipment and doing all work involved in the removal and replacement of failed pavement areas in accordance with this section, including grinding and removal of existing asphalt concrete.
11.10 Cold Plane/Conform Grind Asphalt Concrete – This bid item shall include grinding asphalt concrete pavement at the locations and to the dimensions shown on the Plans, in accordance with the Standard Specifications and these Special Provisions, and as directed by the Engineer.
Planing asphalt concrete pavement shall be performed by the cold planing method and not by the heater planing method.
Cold planing machines shall be equipped with a cutter head not less than 750 mm (30 inches) in width and shall be operated so that no fumes or smoke will be produced. The cold planing machine shall plane the pavement without requiring the use of a heating device to soften the pavement during or prior to the planing operation.
The depth, width, and shape of the cut shall be as shown on the typical cross sections or as designated by the Engineer. The final cut shall result in a uniform surface conforming to the typical cross sections. The outside lines of the planed area shall be neat and uniform. Planing asphalt concrete pavement operations shall be performed without damage to the surface to remain in place.
Planed widths of pavement shall be continuous except for intersections at cross streets where the planing shall be carried around the corners and through the conform lines. Following planing operations, a drop-off of more than 45 mm (0.15 foot) will not be allowed between adjacent lanes open to public traffic.
Where transverse joints are planed in the pavement at conform lines, no drop-off shall remain between the existing pavement and the planed area when the pavement is opened to public traffic. If asphalt concrete has not been placed to the level of existing pavement before the pavement is to be opened to public traffic, a temporary asphalt concrete taper shall be constructed. Asphalt concrete for temporary tapers shall be placed to the level of the existing pavement and tapered on a slope of 1:30 (vertical: horizontal) or flatter to the level of the planed area.
Asphalt concrete for temporary tapers shall be commercial quality and may be spread and compacted by any method that will produce a smooth riding surface. Temporary asphalt concrete tapers shall be completely removed, including the removal of loose material from the underlying surface, before placing the permanent
CITY OF MARYSVILLE
SPECIAL PROVISIONS
ELLIS LAKE PARK ENHANCEMENT PROJECT
CONTRACT NO. 25-10
surfacing. The removed material shall be disposed of outside the highway right of way.
Operations shall be scheduled so that not more than seven (7) calendar days shall elapse between the time when transverse joints are planed in the pavement at the conform lines and the permanent surfacing is placed at the conform lines.
The material planed from the roadway surface shall become the property of the Contractor and disposed of offsite, unless otherwise directed or approved by the Engineer.
Contract removal operations of cold planed material shall be concurrent with planing operations and follow within 15 m (50 feet) of the planer, unless otherwise directed by the Engineer.
Cold plane asphalt concrete pavement will be measured by the square yard. The quantity to be paid for will be the actual area of surface cold planed irrespective of the number of passes required to obtain the depth shown on the plans. Grinding for removal of asphalt concrete associated with Pavement Repair (digouts) will be measured and paid for separately under the Pavement Repair bid item.
The contract price paid per square yard for cold plane asphalt concrete pavement shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for performing all the work involved in cold planing asphalt concrete surfacing and disposing of planed material, including furnishing the asphalt concrete for and constructing, maintaining, removing, and disposing of temporary asphalt concrete tapers, as specified in the Plans, Standard Specifications, and these Special Provisions, and as directed by the Engineer.
11.11 Road Surface Preparation – In addition to the requirements of Section 39-1.09B of the Standard Specifications, road surface preparation shall also include the removal and proper disposal of all pavement markers within the project limits. Contractor shall be responsible for filling any holes caused by the removal of pavement markers. Holes shall be filled with a material approved by the Engineer. Paint binder shall not be applied until surface is clean and free of vegetation. The Contractor will also be responsible for maintaining the striping locations, including locations where striping changes from no passing to passing, to ensure replacement of same in the original locations. Compensation for “Road Surface Preparation” shall be included in other items of work, and no additional compensation will be allowed therefor.
11.12 Tack Coat – A tack coat (asphaltic emulsion) shall be furnished and applied in conformance with Section 39 of the Standard Specifications. Full compensation for furnishing and applying tack coat (asphaltic emulsion) and sanding (if directed by the Engineer) shall be considered as included in the price paid for Pavement Reinforcing Fabric and no additional compensation will be allowed therefor.
11.13 Pavement Reinforcing Fabric – Attention is directed to Section 88-1.02J of the Standard Specifications and to these Special Provisions. No more than one roll of fabric may be placed in advance of hauling operations. Fabric shall be placed or trimmed so that no fabric is exposed beyond the edge of pavement.
This bid item shall include placing pavement reinforcing fabric between the existing asphalt concrete (or leveling course) and the overlay materials in accordance with the Standard Specifications and these Special Provisions, and as directed by the Engineer.
Payment for this item shall include full compensation for furnishing all labor, materials, equipment, and incidentals for performing all the work as described in the Standard Specifications and these Special Provisions, and as directed by the Engineer.
11.14 Asphalt Concrete – Hot Mix Asphalt (asphalt concrete) shall be either ¾-inch Type A or ½-inch Type A,
CITY OF MARYSVILLE
SPECIAL PROVISIONS
ELLIS LAKE PARK ENHANCEMENT PROJECT
CONTRACT NO. 25-10
as designated on the Plans. Asphalt concrete shall conform to the provisions of Section 39 of the Standard Specifications and to these Special Provisions. Asphalt binder to be mixed with aggregate shall be steam-refined paving asphalt in conformance with the provisions in Section 92, “Asphalts,” specification grade PG 64-10, or as determined by the Engineer.
Contractor is to produce, construct, provide quality control, and quality control testing for Hot Mix Asphalt in accordance with Section 39-2 “Standard Construction Process” of the Standard Specifications.
Before placing asphalt concrete on the prepared base course, it is the Contractor’s responsibility to ascertain that the base course is accurately brought to the required grade. Asphalt concrete shall be placed and compacted to ninety-five percent (95%) relative compaction at not less than the required thickness shown on the plans.
The casting of loose materials upon the freshly placed mat behind the paving machine and ahead of the breakdown roller is specifically prohibited. Whenever new paving is joined to existing paving, the paving surface at the joint shall be sealed with asphalt emulsion four inches (4”) each side of joint after final compaction of asphalt concrete. Sealant shall be sanded as necessary to prevent traffic pickup.
Certificates of compliance shall be submitted for all materials in asphalt concrete.
In addition to the requirements in Section 39-2.04, “Transporting, Spreading, and Compacting” of the Standard Specifications, asphalt paving equipment shall be equipped with automatic screed controls and a sensing device or devices when paving. When placing the initial mat of asphalt concrete on existing pavement or prepared aggregate base, the end of the screed nearest the centerline shall be controlled by a sensor, activated by a ski device not less than thirty feet (30’) long. The end of the screed farthest from the centerline shall be controlled by a sensor that responds to the grade of the existing surface and will reproduce final grade in the new mat within
0.01 foot (3 mm) tolerance. The end of the screed farthest from the previously placed mat shall be controlled in the same manner as when placing the initial mat.
Should automatic screed controls fail to operate properly and all remedial attempts to correct the equipment by the Contractor have been applied during any day’s work, the Contractor may use manual controls of spreading equipment for the remainder of the day. However, the equipment shall be corrected or replaced with alternative automatically controlled equipment conforming to the requirements in this section before starting another day’s work.
Type of pavers that meet minimum requirements for this project are Cedar Rapids 451/551 Series, CAT Rubber Tire AT-1000B, CAT Track AT-1050B, or comparable.
The top of the surface layer of asphalt concrete that does not meet all specified surface tolerances shall be brought within tolerance by abrasive grinding. Areas that have been ground shall receive a fog seal coat.
Deviations in excess of 0.3 inch which cannot be brought into specified surface tolerances by abrasive grinding shall be corrected by either removal and replacement or placing an overlay of asphalt concrete. The corrective method for each area shall be selected by the Contractor and shall be approved by the Engineer prior to beginning the corrective work. Any replacement or overlay pavement not meeting specified tolerances shall be corrected by the methods specified above. All corrective work shall be at the Contractor’s expense.
When abrasive grinding is used to bring the top surface of the uppermost layer of asphalt concrete surfacing within specified surface tolerances, additional abrasive grinding shall be performed as necessary to extend the area ground in each lateral direction so that the lateral limits of grinding are at a constant offset from and parallel to the nearest lane line or pavement edge and in each longitudinal direction so that the grinding begins and ends at lines normal to the pavement centerline within any ground area. All ground areas shall be neat rectangular areas of uniform surface appearance.
CITY OF MARYSVILLE
SPECIAL PROVISIONS
ELLIS LAKE PARK ENHANCEMENT PROJECT
CONTRACT NO. 25-10
Abrasive grinding shall conform to the requirements in Section 42-3.03, “Construction,” of the Standard Specifications, except that the grinding residue shall be disposed of outside the public right-of-way.
String line or other suitable methods of alignment may be required to ensure straight longitudinal joints.
Asphalt concrete shall not be placed until roadways are determined by the Engineer to be ready for paving.
At locations as directed by the Engineer, the Contractor shall place a tack coat and skin patch using 3/8” asphalt concrete. Areas to be leveled shall be feathered to match existing surface. The maximum spread rate is 175 tons per lane mile or 40 square yards per ton and shall not be exceeded unless determined by the Engineer. Asphalt concrete may be placed by motor grader, float tractor, or any other means to obtain a level, uniform surface. At each location requiring a leveling of 3/8” asphalt concrete, a paving machine shall be used and pavement reinforcing fabric and/or surface course of asphalt concrete shall be placed within forty-eight (48) hours of the placement of the leveling course.
Public and private roads adjacent to pulverized or reconstructed areas may require additional attention to safely conform to existing grade. Asphalt concrete may be placed by float tractor or any other means to obtain a level, uniform surface.
After rolling of asphalt concrete and before leaving the construction site, the Contractor shall place temporary pavement delineation per Section 11.14, “Temporary Pavement Delineation,” of these Special Provisions. Any pavement markings obliterated during work, that the Engineer deems necessary, shall receive temporary markings before reopening the travel way to public traffic. Compensation for temporary pavement delineation shall be considered as included in the cost for asphalt concrete and no additional compensation will be allowed therefor.
11.15 Temporary Pavement Delineation – Temporary pavement delineation shall be furnished, placed, maintained and removed in accordance with the provisions in Section 12-3, “Traffic-Handling Equipment and Devices,” of the Standard Specifications and these Special Provisions. Nothing in these Special Provisions shall be construed as to reduce the minimum standards specified in the Manual of Traffic Controls published by the Department or as relieving the Contractor from his responsibility as provided in Section 7-1.04, “Public Safety,” of the Standard Specifications.
Whenever the work causes obliteration of, or revision to, pavement delineation, temporary or permanent pavement delineation shall be in place and conflicting pavement delineation removed, prior to opening the traveled way to public traffic. Lane line pavement delineation shall be provided at all times for traveled ways open to public traffic.
All work necessary to establish the alignment of temporary pavement delineation, including any required lines and marks, shall be performed by the Contractor. Surfaces on which temporary pavement delineation is to be applied shall be cleaned of all dirt and loose material and shall be dry when the pavement delineation is applied.
Temporary pavement delineation shall not be applied over existing or other temporary pavement delineation.
Temporary pavement delineation for lane lines shall consist of temporary reflective raised pavement markers placed at longitudinal intervals of not more than twenty-four feet (24’). Temporary reflective raised pavement markers shall be the same color as the lane line the markers replace.
Temporary reflective raised pavement markers shall be placed in accordance with the manufacturer’s instructions. Temporary reflective raised pavement markers shall be cemented to the surfacing with the adhesive recommended by the manufacturer, except epoxy adhesive shall not be used to place temporary reflective raised pavement markers in areas where removal of the markers will be required.
CITY OF MARYSVILLE
SPECIAL PROVISIONS
ELLIS LAKE PARK ENHANCEMENT PROJECT
CONTRACT NO. 25-10
In lieu of temporary reflective raised pavement markers, four inch (4”) reflectorized traffic tape may be used as directed by the Engineer.
Removable type traffic tape shall be applied in accordance with the manufacturer’s installation instructions and shall be rolled slowly with a rubber tired vehicle or roller to ensure complete contact with the pavement surface.
Traffic tape shall be applied straight on tangent alignment and on a true arc on curved alignment. Traffic tape shall not be applied when the air or pavement temperature is less than 50ºF unless the installation procedures to be used are approved by the Engineer prior to beginning installation of the tape.
Full compensation for furnishing, placing, maintaining, and removing temporary delineation including temporary reflective raised pavement markers, cones, delineators, channelizers, four inch (4”) traffic stripe, and providing equivalent patterns of the permanent traffic lines when required shall be considered as included in the contract prices paid for the items of work that obliterated the pavement delineation and no separate payment will be made therefor.
11.16 Adjusting Manholes and Valves to Grade – Existing manholes shall be adjusted to grade with materials similar in quality to those in the original structure in accordance with the provisions of Section 15-2.10B of the Standard Specifications and these Special Provisions.
Manholes and valve boxes shall be lowered prior to milling operations and raised to finish grade per the plans and specifications.
After the manhole frame has been removed, the top of the structure shall be carefully trimmed to provide a suitable foundation for the new material. Existing frames and covers are to be used.
Class “B” concrete shall be used for backfilling and shall be struck off to a depth of two inches (2”) below the adjacent surfacing. Type “B” asphalt concrete shall be placed over the concrete backfill smooth with the adjacent pavement.
Adjusting manholes and valves to grade within the publicly used travel lanes shall be completed, including placing paving material around and to the level of the frame and cover, by the end of the same day on which work started. If permanent pavement backfill cannot be completed by the end of the work day, the Contractor shall place temporary paving material to the finished grade level of the frame and cover. The Contractor shall maintain the temporary paving smooth and level with the frame and cover until such time as the permanent paving is placed.
11.17 Survey Monument Wells – Survey monument wells shall be constructed at locations indicated on the plans and as directed by the Engineer.
The concrete used in the construction of the monument well assembly shall be of Class “B” and shall conform to the applicable provisions of Section 90 of the Standard Specifications.
The price paid for each monument well shall include full compensation for furnishing all labor, materials, tools and equipment and doing all the work including structure excavation and backfill involved in the construction of the monument well in place.
11.18 Finishing Roadway – Finishing roadway shall conform to Section 22 of the Standard Specifications and these Special Provisions.
Finishing roadway shall include replacing or relocating all roadway signs, mailboxes, sprinklers, and related
CITY OF MARYSVILLE
SPECIAL PROVISIONS
ELLIS LAKE PARK ENHANCEMENT PROJECT
CONTRACT NO. 25-10
facilities removed to facilitate the work, cleaning the roadway surface and adjacent areas of all excess construction materials and debris, and shaping and grading excavated and filled areas adjacent to the work.
Excavated and filled areas adjacent to the work and contiguous to private property and landscape areas shall be of loose select material to a depth of six inches (6”), smoothly graded and sloped as directed by the Engineer.
Payment for finishing roadway shall be considered included in the prices bid for other related items of work and no additional compensation will be made therefor, except where specific bid items are provided on the bid schedule the specified items will be compensation at the price bid therefor.
11.19 Roadway Signs – Roadside signs shall be installed at the locations shown on the plans or where directed by the Engineer, and shall conform to the provisions in Section 56-2, “Roadside Signs,” of the Standard Specifications, these Special Provisions, and Standard Detail No. 109.
Roadside signs shall conform to State Specifications which may be obtained from the Transportation Laboratory, P.0. Box 19128, Sacramento, CA, 95819, (916) 739-2400. Full compensation for furnishing and installing sign panels and metal posts shall be considered as included in the contract price paid for the roadside signs and no separate payment will be made therefor.
End of Section
SECTION 12 – CONCRETE CURBS, GUTTERS, SIDEWALKS, AND DRIVEWAYS
12.1 General – Portland Cement Concrete curbs, gutters, sidewalks, and driveways shall be constructed in conformance with the details shown on the plans and in accordance with the requirements of 90-1 of the Standard Specifications for Minor Concrete.
12.2 Curing – Curing compound shall consist of a liquid which, when applied to fresh concrete by means of a spray gun, will form an impervious membrane over the exposed surfaces of the concrete.
The membrane may be either asphaltic or paraffin derivatives to which other waterproofing materials may have been added. Concrete curing compounds shall be Type 2, white pigmented or clear, as approved by the Engineer.
All compounds shall be furnished by the Contractor and shall be delivered in sealed original containers bearing the manufacturer’s name and product identification.
The compounds shall not be a water emulsion and shall not contain ingredients which are harmful to concrete.
Compounds shall be of a uniform quality and tests on samples selected from a given shipment or shipments shall show no appreciable difference in results. The material shall be approved by the Engineer prior to its use.
The rate of application shall be such that the compound forms a continuous, unbroken film which will not disintegrate, check or peel from the applied surfaces of concrete within thirty (30) days after application. The Engineer will determine the permissible rate of coverage of a curing compound.
CITY OF MARYSVILLE
SPECIAL PROVISIONS
ELLIS LAKE PARK ENHANCEMENT PROJECT
CONTRACT NO. 25-10
12.3 Measurement and Payment – Measurement of all concrete quantities for payment shall be to the neat lines determined in the field. Curb and gutter quantities will be measured through driveways and ramps. Curb and gutter will be measured by the lineal foot of exposed front face without regard to depressions and thickening for driveways and pedestrian ramps. Pedestrian access ramps, retaining curbs, and sidewalk shall be measured per square foot. Payment for miscellaneous items such as reinforcing, expansion joints, seals, score lines, truncated domes, Class 2 aggregate base and any other related work that does not have a separate bid item shall be included in the unit prices bid for the related types of concrete work and no additional compensation will be allowed therefor.
No separate measurement will be made for fill material used in conforming to existing grades behind sidewalks.
Concrete transitions behind sidewalks necessary for matching existing driveway grades shall be considered as part of the bid item for sidewalk.
The estimated quantities of this item are approximate only, being given as a basis for the comparison of bids. The City does not expressly, or by implication, agree that the actual amount of work will correspond therewith, and reserves the right to increase or decrease the amount thereof as may be deemed necessary or advisable by the Engineer. No adjustments of the contract unit prices will be made therefor. Section 9-1.06, "Changed Quantity Payment Adjustments," of the Standard Specifications shall not apply.
12.4 Temporary Pedestrian Route of Travel – The contractor shall provide a temporary altered or alternate accessible pedestrian route of travel for any sidewalk closure. Altered and alternate routes of travel shall comply with Sections 6D.01, 6D.02, and 6D.05 of the California Manual on Uniform Traffic Control Devices and shall be kept in good usable condition.
12.5 Temporary Pedestrian Channelizing Devices & Barricades - Temporary altered or alternate pedestrian routes of travel shall be accompanied by temporary accessible pedestrian channelizing devices or barricades. If pedestrian barricades are to be used, they shall be located such that a disabled pedestrian shall not have to backtrack more than one block in order to reach an identified alternate route of travel. Accessible pedestrian channelizing devices and barricades shall comply with Sections 6F.63, 6F.68, and 6F.71 of the California Manual on Uniform Traffic Control Devices.
End of Section
SECTION 13 – TRENCHING OPERATIONS
13.1 Legal Requirements – Prior to commencement of trenching or excavating operations, the Contractor on this project shall have complied with all applicable provisions of Title 8 of the California Administrative Code and all applicable requirements of the Labor Code of the State of California, including:
a. Section 6705 of the Labor Code which requires that, prior to starting excavation of any trench five feet (5’) or more in depth, the Contractor submit for the Engineer’s approval, plans for trench shoring or protection he proposes to use in performing the trenching and pipe installations in this contract; and b. Section 6500 of the Labor Code which requires that the Contractor obtain a permit for trenching operations from the State Division of Occupational Safety and Health prior to any trench work in trenches or excavations over five feet (5’) deep.
CITY OF MARYSVILLE
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ELLIS LAKE PARK ENHANCEMENT PROJECT
CONTRACT NO. 25-10
This section shall also apply to any person doing work in accordance with any permit issued by the City.
13.2 General – Trenching operations shall include cutting of pavement, trench excavation, disposal of excess materials, removal of obstructions, bracing and shoring, bedding of pipe, backfilling, compacting, and placing of temporary and permanent street pavement restoration.
13.3 Trench Width – The maximum clear width of the trench, measured at the horizontal diameter of the pipe and at one foot (1’) above the top of the pipe, shall not be more than the width shown on the Plans.
If such trench width is exceeded for any reason, the Contractor shall provide, at his own expense, improved bedding conditions, as approved by the Engineer, to meet the load requirements of the changed conditions.
13.4 Cutting of Pavement – When the trench is in an existing paved area, the pavement shall be sawed on neat lines parallel and equidistant from the trench centerline. Pavement between the lines shall be broken and removed immediately ahead of the trenching operations.
13.5 Bracing and Shoring – To ensure the safety of workmen and to protect and facilitate the work, sufficient bracing and shoring shall be installed in all excavations. The bracing and shoring shall comply with rules, orders, and regulations of the California Division of Industrial Safety. Failure to comply with any of the above-mentioned rules, orders, and regulations shall be sufficient cause for, but shall not place any responsibility upon, the Engineer to immediately suspend the work. The Contractor shall be responsible for the adequacy of all shoring and bracing and compliance with law, and failure of the Engineer to suspend the work or notify the Contractor of the inadequacy of the shoring or bracing or non-compliance with law shall not relieve the Contractor of this responsibility.
Insofar as possible, sheeting shall not extend below the top of the pipe barrel. All sheeting, timbering, lagging and bracing shall, unless otherwise required by the Engineer, be removed during backfilling, and in such a manner as to prevent any movement of the ground or damage to the piping or to the other structures. When the Engineer requires that sheet piling, lagging and bracing be left in place, such materials shall be cut off where designated and the upper part withdrawn. If steel sheet piling is utilized, it may be withdrawn, with compacting of backfill to proceed as piling is removed.
13.6 Maximum Length of Trench Open – At end of each working day, all open trenches, including manhole and drop inlet excavations, shall be either backfilled and compacted or properly protected to allow safe vehicle and pedestrian travel, unless otherwise authorized by the Engineer. Contractor shall provide protective barrier approved by the Engineer around open trench when left unattended.
Steel plate bridging, if used, shall be steel plate designed for HS20-44 truck loading per the CalTrans Bridge Design Specifications Manual. The Contractor shall maintain on the steel plate a non-skid surface having a minimum coefficient of friction equivalent to 0.35 as determined by California Test Method 342.
Approach plate(s) and ending plate (if longitudinal placement) shall be attached to the roadway by a minimum of two (2) dowels pre-drilled into the corners of the plate and drilled two inches (2”) into the pavement. Subsequent plates are butted to each other. Fine graded asphalt concrete shall be compacted to form ramps, maximum slope eight and one-half percent (8.5%) with a minimum twelve inch (12”) taper to cover all edges of the steel plates.
When steel plates are removed, the dowel holes in the pavement shall be backfilled with either graded fines of asphalt concrete mix, concrete slurry or equivalent slurry satisfactory to the City’s representative.
The Contractor shall be responsible for maintenance of the steel plates, shoring, and asphalt concrete ramps.
Unless specifically noted, steel plate bridging should not exceed four (4) consecutive working days in any given week. Backfilling of excavations shall be covered with a minimum three inch (3”) temporary layer of cold asphalt concrete, compacted in place using a vibrating roller or vibroplate.
CITY OF MARYSVILLE
SPECIAL PROVISIONS
ELLIS LAKE PARK ENHANCEMENT PROJECT
CONTRACT NO. 25-10
The following table shows the required minimal thickness of steel plate bridging required for a given trench width:
Trench Width Minimum Plate Thickness
1.0’ 1/2”
1.5’ 3/4”
2.0’ 7/8”
3.0’ 1”
4.0’ 1 - 1/4”
Note: For spans greater than 4 feet, a structural design shall be prepared by a registered civil engineer and approved by the City.
13.7 Bedding – Unless otherwise indicated on the drawings or in the Special Provisions, the pipe shall be placed on a firm, prepared bed of three-quarter inch (¾”) maximum crushed rock. The ¾” maximum crushed rock shall have at least one fractured face and shall be in accordance with ASTM D 448 and meet the following gradation:
Sieve Size Percent Passing
3/4” 90 to 100
3/8” 20 to 55
No. 4 0 to 10
No. 8 0 to 5
Bedding shall extend at least four inches (4”) below the pipe barrel or as indicated on the plans. The pipe shall be bedded uniformly throughout its length to a bearing width of at least sixty percent (60%) of the pipe’s internal diameter.
13.8 Initial Backfill – See Sections 14, 15, and 16 of these Special Provisions for specific backfill requirements for storm drain construction, sewer main construction, and water main construction, respectively.
13.9 Restoration of Surfacing – Typical trench restoration is not anticipated as part of this project, as all trench work is expected to be beneath either curb and gutter or asphalt concrete pavement restoration. If trench alignments are modified during construction such that typical trench restoration becomes necessary, it will be paid for as extra work and specification requirements will be issued as part of a change order.
13.10 Payment – Full compensation for trench excavation and backfill as herein specified including all equipment, labor, materials, dewatering, special traffic considerations and safety measures required shall be included in the price for each or lump sum bid of the item requiring such activities listed in the Proposal and no additional compensation will be allowed therefor; except that when a separate bid item is provided for shoring, the lump sum price bid therefor shall be full compensation for furnishing, installing, and maintaining adequate sheeting, shoring, and bracing or equivalent method for protection of life or limb which conform to applicable safety orders; and except that when a separate bid item is provided for CDF, the price per cubic yard shall be full compensation for furnishing, installing, and protecting the Controlled Density Fill in lieu of backfill with sand or native material and placing Class 2 aggregate base.
End of Section
CITY OF MARYSVILLE
SPECIAL PROVISIONS
ELLIS LAKE PARK ENHANCEMENT PROJECT
CONTRACT NO. 25-10
SECTION 14 – STORM SEWER CONSTRUCTION
SECTION NOT USED IN THIS CONTRACT
End of Section
SECTION 15 – SEWER MAIN CONSTRUCTION
SECTION NOT USED IN THIS CONTRACT
End of Section
SECTION 16 – WATER MAIN CONSTRUCTION
SECTION NOT USED IN THIS CONTRACT
End of Section
SECTION 17 – ELECTRICAL AND LIGHTING
17.1 Description – Installation of traffic signals, signs, lighting, and communication conduit shall conform to the provisions in Section 86, “Signals and Lighting,” of the Standard Specifications and these Special Provisions.
17.2 Foundations – Foundations shall conform to the provisions in Section 87‐1.03E(3), “Concrete Pads, Foundations, and Pedestals,” of the Standard Specifications and these Special Provisions.
Sleeve nuts shall be used on Type 1‐B standards. Foundation for Type 1‐B standards shall conform to the details on Standard Plan RSP ES‐7B, Detail C “Anchor Bolts with Sleeve Nuts,” except that the bottom of the base shall be flush with the finished grade.
17.3 Conduit – The conduit run between a foundation and the nearest pull box shall be the same as in the foundation. Rigid non-metallic conduit shall be used in signals, electrolier, controller, and service foundation.
When a standard coupling cannot be used for coupling metal type conduit, a UL-listed threaded union coupling, as specified in the third paragraph in Section 86-2.05C, “Installation,” of the Standard Specifications, or a concrete-tight split coupling or concrete-tight set screw coupling shall be used.
Conduit runs shown on the plans to be located behind curbs may be installed in the street, within three feet (3’) and parallel to the gutter line of the curb, by trenching as provided below. All pull boxes shall be located behind the curb or at the locations shown on the plans.
After conductors have been installed, the ends of conduit terminating in service and controller cabinets shall be sealed with an approved type of sealing compound.
CITY OF MARYSVILLE
SPECIAL PROVISIONS
ELLIS LAKE PARK ENHANCEMENT PROJECT
CONTRACT NO. 25-10
At locations where conduit is to be installed under pavement and existing underground facilities require special precautions as described in “obstructions” of these Special Provisions, conduit shall be placed by trenching as provided below.
At other locations where conduit is to be installed by jacking or drilling as provided in Section 86-2.05C, “Installation,” of the Standard Specifications, and if delay to any vehicle will not exceed five (5) minutes, the conduit shall be non-rigid type, and may be installed by the trenching method as follows:
At locations where conduit is to be installed under pavement, conduit shall be placed by trenching as provided below.
a. Trenching Installation of Conduit – Conduit shall be placed under existing pavement in a trench approximately two inches (2”) wider than the outside diameter of the conduit to be installed.
Trench shall not exceed six inches (6”) in width. Conduit depth shall not exceed twelve inches (12”) or conduit trade-diameter plus ten inches (10”), whichever is greater, except that at pull boxes, the trench may be hand dug to required depth. The top of the installed conduit shall be a minimum of nine inches (9”) below finish grade.
In areas where additional pavement is to be placed, trenching installation shall be completed prior to placing final pavement layer. The outline of all areas of pavement to be removed shall be cut to a minimum depth of three inches (3”) with a rock cutting excavator specifically designed for this purpose. Cuts shall be neat and true with no shatter outside the removal area.
The conduit shall be placed in the bottom of the trench and the trench shall be backfilled with commercial quality concrete, containing not less than 564 pounds of cement per cubic yard, to not less than 0.10 foot below the pavement surface. The top 0.10 foot shall be backfilled with asphalt concrete produced from commercial quality paving asphalt and aggregates.
Prior to spreading asphalt concrete, paint binder shall be applied as specified in Section 39-4.02, “Prime Coat and Paint Binder,” of the Standard Specifications. Spreading and compacting of asphalt concrete shall be performed by any method which will produce an asphalt concrete surfacing of uniform smoothness, texture, and density.
All excavated areas in the pavement shall be backfilled, except for the top 0.10 foot, by the end of each work period. The top 0.10 foot shall be placed within 3 calendar days after trenching.
17.4 Pull Boxes – Grout in the bottom of pull boxes will not be required.
Where the sump of an existing pull box is disturbed by the Contractor’s operations, the sump shall be reconstructed and, if the sump was grouted, the old grout shall be removed and new grout placed.
17.5 Conductors and Wirings –Conductors shall conform to the requirements of Section 86-2.08 of the Standard Specifications.
End of Section
CITY OF MARYSVILLE
SPECIAL PROVISIONS
ELLIS LAKE PARK ENHANCEMENT PROJECT
CONTRACT NO. 25-10
SECTION 18 – PRECAST CONCRETE BOARDWALK
18.1 Boardwalk System - Beams, treads, and curbs (if applicable) must be precast concrete. Walking surface (treads) shall be made of precast concrete and supported by concrete beams. Precast concrete color and finish texture shall be integral and must be submitted for approval. Precast concrete treads shall be structural load bearing elements and shall interlock with one another via a 'tongue and groove" connection.
Treads shall maintain a "boardwalk appearance", specifically meaning each tread shall have a width: length ratio ranging from a minimum of 3:1 to a maximum of 14:1. All boardwalk connectors shall be non-corrosive, fasteners, bolts and hardware shall be galvanized, fiber reinforced polymer (FRP) or grade 316 stainless steel.
18.2 Boardwalk Design - The designer of the boardwalk, foundation and railing system shall be a qualified registered professional engineer licensed in the state of California. The foundations and project design have been based on the Permatrak system, but the city is willing to accept an equal alternative. Boardwalk shall be designed in accordance with the AASHTO LRFD bridge design specifications and the LRFD guide specification for the design of pedestrian bridges. Design live load: pedestrian loading - 90 psf uniform Vehicular loading - h-5 design vehicle (10,000 lbs.). Railings to be attached by post to deck top with a base plate or mounted to sidewalk or supporting beam sides. Railings must resist a uniform load of 50 pounds applied per linear foot or a single concentrated load of 200 pounds applied in any direction at the top each rail. • railings should provide safety toe rail or curb. Railings need to be submitted and approved by the city.
Technical Specifications
CITY OF
MARYSVILLE
ELLIS LAKE PARK ENHANCEMENT PROJECT
CONTRACT NO. 25-10
Page P-1 of P-13
BID PROPOSAL
PROPOSAL TO THE PUBLIC WORKS DEPARTMENT
FOR THE CONSTRUCTION OF
ELLIS LAKE PARK ENHANCEMENT PROJECT
CONTRACT NO: 25-10
BIDDER NAME:
TITLE:
SIGNATURE:
BUSINESS NAME:
BUSINESS
ADDRESS:
BUSINESS PHONE: DIR REGISTRATION NO:
LICENSE NO: CLASSIFICATION(S):
The work to be done and referred to herein is in Marysville, State of California, and shall be constructed in accordance with the Special Provisions (including the payment of not less than the minimum wage rates set forth therein) and the contract annexed hereto and also in accordance with the Standard Plans dated 2023, the Standard Specifications dated 2023, the wage rates of the General Prevailing Wage Rates of the Department of Transportation, and the equipment rental rate and labor surcharge portions of the publication entitled “Labor Surcharges and Equipment Rental Rates.” The Special Provisions for the work to be done are dated 06/23/2026 and are entitled:
NOTICE TO CONTRACTORS
SPECIAL PROVISIONS
PROPOSAL
AND CONTRACT
FOR
ELLIS LAKE PARK ENHANCEMENT PROJECT
CONTRACT NO. 25-10
The Project plans for the work to be done are dated 06/23/26 and are entitled:
ELLIS LAKE PARK ENHANCEMENT PROJECT
Both of which are hereby made part of this contract.
Page P-2 of P-13
Bids are submitted for the entire work. The amount of the bid, for comparison purposes, will be the total of all items. The total of unit basis items will be determined by extension of the item price on the basis of the estimated quantity set forth for the item.
The bidder shall set for each item of work, in clearly legible figures, an item price and a total for the item in the respective spaces provided for this purpose. In the case of unit basis items, the amount set forth under the “Total” column shall be the extension of the item price bid on the basis of the estimated quantity for the item.
In case of discrepancy between the item price and the total set forth for the item, the item price shall prevail; provided, however, if the amount set forth as an item price is ambiguous, unintelligible or uncertain for any cause or is omitted, or in the case of unit basis items is the same amount as the entry in the “Total” column, then the amount set forth in the “Total” column for the item shall prevail in accordance with the following:
As to lump sum items, the amount set forth in the “Total” column shall be the item price.
As to unit basis items, the amount set forth in the “Total” column shall be divided by the estimated quantity for the item and the price thus obtained shall be the item price.
If this proposal shall be accepted and the undersigned shall fail to enter into the contract and to furnish the two bonds in the sums to be determined as aforesaid with surety satisfaction to the City of Marysville, within fifteen (15) days, not including Sundays and legal holidays, after the bidder has received notice from the Director of Public Works that the contract has been awarded, the City of Marysville may, at its option, 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 City of Marysville.
The undersigned, as bidder, declares that he/she has received Addendum Nos. , , , , , , .
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, and in submitting this proposal the undersigned bidder agrees that if it is determined that he is the successful bidder, he will execute the attached non-collusion affidavit, that he has carefully examined the location of the proposed work, the annexed proposed form of contract, and the plans therein referred to, and he proposes and agrees, if this proposal is accepted, that he will contract with the City of Marysville in the form of the copy of the contract annexed hereto, 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 Engineer as therein set forth, and that he will take in full payment therefor the following item prices, to wit:
Page P-3 of P-13
BID ITEM LIST
Item
No. Item Description Estimated Quantity Unit Unit Price ($/Unit) Amount
($)
1 Demolition of Existing Concrete walk & Portion of Cobble Bank 14,200 SF 2 Remove Existing Tree 17 EA
3 Relocate Existing Light (Includes new Pull Box & Wiring) 6 EA 4 Minor Concrete - Remove & Replace Curb & Gutter 15 LF 5 Excavation & Subgrade Preparation 1 LS
6 Boardwalk Cast in Place Foundation 59 EA
7 Boardwalk Foundation Additional Concrete for Voids 100 CY 8 11' Wide Precast Boardwalk (Includes All Components and Connection to Cast in Place Foundation)
8,922 SF
9 Drain Rock Under Boardwalk 1,010 TON
10 Boardwalk Railing 884 LF
11 Boardwalk Curb 811 LF
12 Sidewalk With 1 Deepened Edge 3,000 SF
13 Sidewalk with 2 Deepened Edges 9,000 SF
14 Sidewalk Without Deepened Edge 2,500 SF
15 Class 2 Aggregate Base (0.50 - feet) (under sidewalk) 550 TON 16 Accessible Ramp (Single Through - Case F) 4 EA
17 Stairs with Railing 1 LS
18 18" Retaining Curb at Stairs 38 LF
19 Decomposed Granite Section 2,500 SF
20 Steel Header at Granite Section 5 LF
21 Fishing Pad - Railing 150 LF
22 Fishing Pad - Bench and Receptacle 5 EA
23 Pavement Delineation Crosswalk (Detail A24F - Ladder) 1 EA 1 Demolition of Existing Concrete 1,500 SF
2 Demolition of Existing Bridge 1 LS
3 Excavation & Subgrade Preparation 1 LS
4 Minor Concrete (New Sidewalks) (4") 2,450 SF
5 Class 2 Aggregate Base (0.50 - feet) (under sidewalk) 100 TON 6 10' Wide Precast Bridge (Includes All Components and Connection to Cast in Place Abutment)
280 SF
7 Bridge Railing 1 LS
8 Bridge Cast in Place Abutments 2 EA
9 Bridge Column 4 EA
10 Bike Rack 4 EA
11 Bench and Receptacle 1 EA
1 Demolition of Existing Concrete 80 SF
2 Excavation & Subgrade Preparation 1 LS
3 Accessible Ramp (Single Through - Case F) 2 EA
4 Minor Concrete (New Sidewalks) (4") 810 SF
5 Class 2 Aggregate Base (0.50 - feet) (under sidewalk) 40 TON 6 Play Area Containment Curb 135 LF
7 Play Area Ramp 1 EA
8 Play Area Fence 125 LF
9 Play Area Mulch 42 CY
10 Play Area Drain Inlet 1 EA
11 Shade Structure 1 EA
12 Picnic Table 1 EA
13 Play Equipment (Rockpile) 1 EA
14 Play Equipment (Worm Climber) 1 EA
15 Play Equipment (Solo Spinner) 1 EA
1 Irrigation Repair 1 LS
2 Tree Protection Fencing 1 LS
3 Horticultural Analysis 1 EA
4 Trees 15 Gallon 11 EA
5 Turf Event Lawn - Overseeding 20,205 SF
6 Sod Turf Repair - Hydroseeding 20,310 SF
7 90 Day Maintenance 1 LS
Bid Schedule 1 - Path / Boardwalk
Total Bid Schedule 1 =
Bid Schedule 2 - Gazebo Island Area
Total Bid Schedule 2 =
Bid Schedule 3 - Playground Area
Traffic Control & Caltrans Encroachment Permit =
Total Amount Bid =
Total Bid Schedule 3 =
Bid Schedule 4 - Landscaping & Irrigation
Total Bid Schedule 4 =
Total Bid Schedules 1 - 4 =
Mobilization / Demobilization =
SWPPP =
Page P-4 of P-13
LIST OF SUBCONTRACTORS
The bidder shall list the following information of each subcontractor to whom the Bidder proposes to subcontract portions of the work.
If a Public Works Contractor Registration Number (DIR Reg. No.) is not available at the time of the bid opening, the contractor shall deliver all missing DIR Reg. Nos. within 24 hours of bid opening.
In accordance with Title 49, Section 26.11 of the Code of Federal Regulations, and Section 4101 of the Public Contract Code of the State of California, as amended, the following information is required for each subcontractor who will perform work amounting to more than one half of one percent (0.5%) of the Total Base Bid, or $10,000 (whichever is greater). Class License No. DIR Reg. No. Value of Work Description of Work or Services Bid Item Nos. Subcontractor Name: Address: Name: Address: Name: Address: Name: Address: Name:
Address:Name:Address:Name:Address:
Page P-5 of P-13
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder , proposed
subcontractor , hereby certifies that they have
, have 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.
Page P-6 of P-13
PUBLIC CONTRACT CODE SECTIONS
PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT
In conformance 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 offenses 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 checkmark 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 conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire:
Has the bidder, any officer of the bidder, 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 conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two-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 the National Labor Relations Board.
Note: 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.
Page P-7 of P-13
NONCOLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
TO THE CITY OF MARYSVILLE
PUBLIC WORKS DEPARTMENT
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.
Note: 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 NAME:
TITLE:
SIGNATURE: DATE:
COMPANY NAME:
Page P-8 of P-13
DEBARMENT AND SUSPENSION CERTIFICATION
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, and 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.
Note: Providing false information may result in criminal prosecution or administrative sanctions.
The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification.
Page P-9 of P-13
NONLOBBYING CERTIFICATION
FOR FEDERAL-AID CONTRACTS
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
(l) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure of Lobbying Activities,” in accordance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub-recipients shall certify and disclose accordingly.
Page P-10 of P-13
DISCLOSURE OF LOBBYING ACTIVITIES
COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352
1. Type of Federal
Action:
2. Status of Federal
Action:
3. Report Type:
a. contract a. bid/offer/application a. initial
b. grant b. initial award b. material change
c. cooperative agreement c. post-award
d. loan For Material Change Only:
e. loan guarantee year ___ quarter _______
f. loan insurance date of last report ________
4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime:
Prime Subawardee
Tier _____ , if known
Congressional District, if known Congressional District, if known
6. Federal Department/Agency: 7. Federal Program Name/Description:
CFDA Number, if applicable _________________
8. Federal Action Number, if known: 9. Award Amount, if known:
10. a. Name and Address of Lobby Entity b. Individuals Performing Services (including address if (If individual, last name, first name, MI) different from No. 10a) (last name, first name, MI)
(attach Continuation Sheet(s) if necessary)
11. Amount of Payment (check all that apply) 13. Type of Payment (check all that apply) $____________ actual planned a. retainer
b. one-time fee
12. Form of Payment (check all that apply): c. commission a. cash d. contingent fee
b. in-kind; specify: nature___________ e deferred
value____________ f. other, specify ______________________
14. Brief Description of Services Performed or to be performed and Date(s) of Service, including officers(s),
employee(s), or member(s) contacted, for Payment Indicated in Item 11:
(attach Continuation Sheet(s) if necessary)
15. Continuation Sheet(s) attached: Yes No
16. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance was placed by the tier above when his transaction was made or entered into. This disclosure is required
pursuant to 31 U.S.C. 1352. This information will be
reported to Congress semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Signature:____________________________________
Print Name: __________________________________
Title: ________________________________________
Telephone No.:_________________ Date: _________
Authorized for Local Reproduction
Federal Use Only: Standard Form - LLL
Page P-11 of P-13
INSTRUCTIONS FOR COMPLETION OF SF-LLL,
DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime federal recipient, at the initiation or receipt of covered federal action or a material change to previous filing pursuant to title 31 U.S.C. Section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.
1. Identify the type of covered federal action for which lobbying activity is and/or has been secured to influence, the outcome of a covered federal action.
2. Identify the status of the covered federal action.
3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered federal action.
4. Enter the full name, address, city, state, and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.
5. If the organization filing the report in Item 4 checks “Subawardee,” then enter the full name, address, city, State and zip code of the prime federal recipient. Include Congressional District, if known.
6. Enter the name of the federal agency making the award or loan commitment. Include at least one organization level below agency name, if known.
For example, Department of Transportation, United States Coast Guard.
7. Enter the federal program name or description for the covered federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments.
8. Enter the most appropriate federal identifying number available for the federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the federal agency). Include prefixes, e.g., “RFP-DE-90-001.”
9. For a covered federal action where there has been an award or loan commitment by the Federal agency, enter the federal amount of the award/loan commitments for the prime entity identified in item 4 or 5.
10. (a) Enter the full name, address, city, state, and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influenced the covered federal action.
(b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter last name, first name and middle initial (Ml).
11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made.
12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the inkind payment.
13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature.
14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with federal officials. Identify the federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted.
15. Check whether or not a continuation sheet(s) is attached.
16. The certifying official shall sign and date the form, and print his/her name title and telephone number.
Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503 Page P-12 of P-13
Here
BID CERTIFICATION
Accompanying this proposal is
(NOTICE: INSERT THE WORDS "CASH($ )," "CASHIER'S CHECK," "CERTIFIED CHECK," OR "BIDDER'S BOND," AS THE CASE MAY BE.) in amount equal to at least ten percent of the total of the bid.
The names of all persons interested in the foregoing proposal as principals are as follows:
IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if a copartnership, state true name of firm, also names of all individual copartners composing firm; if bidder or other interested person is an individual, state first and last names in full.
Licensed in conformance with an act providing for the registration of Contractors, License No. Classification(s)
ADDENDA
This Proposal is submitted with respect to the changes to the contract included in addenda number/s (Fill in addenda numbers if addenda have been received and insert, in this Proposal, any Engineer's Estimate sheets that were received as part of the addenda.) By my signature on this proposal I certify, under penalty of perjury under the laws of the State of California, that the foregoing questionnaire and statements of Public Contract Code Sections 10162, 10232 and 10285.1 are true and correct and that the bidder has complied with the requirements of Section 8103 of the Fair Employment and Housing Commission Regulations (Chapter 5, Title 2 of the California Administrative Code). By my signature on this proposal I further certify, under penalty of perjury under the laws of the State of California and the United States of America, that the Noncollusion Affidavit required by Title 23 United States Code, Section 112 and Public Contract Code Section 7106; and the Title 49 Code of Federal Regulations, Part 29 Debarment and Suspension Certification are true and correct.
Date:
Sign
Signature and Title of Bidder
Business Address
Place of Business
Place of Residence
Page P-13 of P-13
BIDDER’S BOND
CITY OF MARYSVILLE
PUBLIC WORKS DEPARTMENT
We,
as Principal, and
as Surety are bound unto the City of Marysville, State of California, hereafter referred to as "Obligee", in the penal sum of ten percent (10%) of the total amount of the bid of the Principal submitted to the Obligee for the work described below, for the payment of which sum we bind ourselves, jointly and severally, THE CONDITION OF THIS OBLIGATION IS SUCH, THAT:
WHEREAS, the Principal is submitted to the Obligee, for (Copy here the exact description of work, including location as it appears on the proposal) for which bids are to be opened at on
(Insert place where bids will be opened) (Insert date of bid opening) NOW, THEREFORE, if the Principal is awarded the contract and, within the time and manner required under the specifications, after the prescribed forms are presented to him for signature, enters into a written contract, in the prescribed form, in conformance with the bid, and files two bonds with the Obligee, one to guarantee faithful performance of the contract and the other to guarantee payment for labor and materials as provided by law, then this obligation shall be null and void; otherwise, it shall remain in full force.
In the event suit is brought upon this bond by the Obligee and judgment is recovered, the Surety shall pay all costs incurred by the Obligee in such suit, including a reasonable attorney's fee to be fixed by the court.
Dated: , 20 .
Principal
Surety
By
Attorney-in-fact
CERTIFICATE OF ACKNOWLEDGEMENT
State of California
City/County of SS
On this day of in the year 20 before me
, personally appeared ,
Attorney-in-fact
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the attorney-in-fact of , and acknowledged to me that he (she) subscribed the name of the said company thereto as surety, and his (her) own name as attorney-in-fact. (SEAL)
Notary Public
CITY OF
MARYSVILLE
ELLIS LAKE PARK ENHANCEMENT PROJECT
CONTRACT NO. 25-10
Page C-1 of C-4
CONTRACT
FOR THE CONSTRUCTION OF
ELLIS LAKE PARK ENHANCEMENT PROJECT CONTRACT NO.
25-10
THIS AGREEMENT, made and concluded this day of 20 , between the City of Marysville, party of the first part, and , Contractor, party of the second part.
ARTICLE I. – WITNESSETH, that for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the said party of the first part under the conditions expressed in the two bonds bearing even date with these presents and hereunto annexed, the said party of the second part agrees with the said party of the first part, at his own proper cost and expense, to do all the work and furnish all the materials, except such as are mentioned in the specifications to be furnished by said party of the first part, necessary to construct and complete in a good, workmanlike and substantial manner and to the satisfaction of the Public Works Department, construction on various roads, all in accordance with the Special Provisions hereto annexed and also in accordance with the Standard Specifications of the State of California Department of Transportation dated 2023, the Standard Plans dated 2023, the “Labor Surcharge” and “Equipment Rental Rates” in effect on the date the work is accomplished, and the “General Prevailing Wage Rates” of the State of California Department of Transportation, which said Special Provisions, Standard Plans, Standard Specifications are hereby specially referred to and by such reference made a part hereof.
The Special Provisions for the work to be done are dated 06/23/2026 and are entitled:
NOTICE TO CONTRACTORS
SPECIAL PROVISIONS
PROPOSAL
AND CONTRACT
FOR
ELLIS LAKE PARK ENHANCEMENT PROJECT
CONTRACT NO. 25-10
The Project plans for the work to be done are dated 06/23/2026 and are entitled:
ELLIS LAKE PARK ENHANCEMENT PROJECT
Both of which are hereby made part of this contract.
CITY OF
MARYSVILLE
ELLIS LAKE PARK ENHANCEMENT PROJECT
CONTRACT NO. 25-10
Page C-2 of C-4
ARTICLE II. – The said Contractor agrees to receive and accept the following prices as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this Agreement; also for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the City of Marysville and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the plans and specifications and the requirements of the Engineer under them, to wit.
ARTICLE III. – The said party of the first part hereby promises and agrees with the said Contractor to employ, and does hereby employ, the said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices hereinafter set forth, and hereby contracts to pay the same at the time, in the manner and upon the conditions above set forth; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained.
ARTICLE IV. – By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract.
ARTICLE V. – It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid or proposal of said Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith.
ARTICLE VI. – The City of Marysville hereby employs Contractor to provide material and to do the work according to the terms and conditions herein contained and referred to for the following prices to be paid at the time, in the manner and upon the conditions hereinafter set forth.
ARTICLE VII. – The improvement contemplated in the performance of this contract is an improvement over which the City of Marysville shall exercise general supervision.
ARTICLE VIII. – The statement of prevailing wages appearing in the General Prevailing Wage Rates is hereby specifically referred to and by this reference is made a part of this contract. It is further expressly agreed, by and between the terms of this instrument and the bid or proposal of said Contractor, that this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith.
CITY OF
MARYSVILLE
ELLIS LAKE PARK ENHANCEMENT PROJECT
CONTRACT NO. 25-10
Page C-3 of C-4
Approved as to legal form:
City Attorney
City of Marysville
CITY OF MARYSVILLE
Jim Schaad
City Manager
Date
CONTRACTOR
Company Name
Company Address
Phone Number
Signature
Name (Printed)
Title
Date
CITY OF
MARYSVILLE
ELLIS LAKE PARK ENHANCEMENT PROJECT
CONTRACT NO. 25-10
Page C-4 of C-4
BID ITEM LIST
Item
No. Item Description Estimated Quantity Unit Unit Price ($/Unit) Amount
($)
1 Demolition of Existing Concrete walk & Portion of Cobble Bank 14,200 SF 2 Remove Existing Tree 17 EA
3 Relocate Existing Light (Includes new Pull Box & Wiring) 6 EA 4 Minor Concrete - Remove & Replace Curb & Gutter 15 LF 5 Excavation & Subgrade Preparation 1 LS
6 Boardwalk Cast in Place Foundation 59 EA
7 Boardwalk Foundation Additional Concrete for Voids 100 CY 8 11' Wide Precast Boardwalk (Includes All Components and Connection to Cast in Place Foundation)
8,922 SF
9 Drain Rock Under Boardwalk 1,010 TON
10 Boardwalk Railing 884 LF
11 Boardwalk Curb 811 LF
12 Sidewalk With 1 Deepened Edge 3,000 SF
13 Sidewalk with 2 Deepened Edges 9,000 SF
14 Sidewalk Without Deepened Edge 2,500 SF
15 Class 2 Aggregate Base (0.50 - feet) (under sidewalk) 550 TON 16 Accessible Ramp (Single Through - Case F) 4 EA
17 Stairs with Railing 1 LS
18 18" Retaining Curb at Stairs 38 LF
19 Decomposed Granite Section 2,500 SF
20 Steel Header at Granite Section 5 LF
21 Fishing Pad - Railing 150 LF
22 Fishing Pad - Bench and Receptacle 5 EA
23 Pavement Delineation Crosswalk (Detail A24F - Ladder) 1 EA 1 Demolition of Existing Concrete 1,500 SF
2 Demolition of Existing Bridge 1 LS
3 Excavation & Subgrade Preparation 1 LS
4 Minor Concrete (New Sidewalks) (4") 2,450 SF
5 Class 2 Aggregate Base (0.50 - feet) (under sidewalk) 100 TON 6 10' Wide Precast Bridge (Includes All Components and Connection to Cast in Place Abutment)
280 SF
7 Bridge Railing 1 LS
8 Bridge Cast in Place Abutments 2 EA
9 Bridge Column 4 EA
10 Bike Rack 4 EA
11 Bench and Receptacle 1 EA
1 Demolition of Existing Concrete 80 SF
2 Excavation & Subgrade Preparation 1 LS
3 Accessible Ramp (Single Through - Case F) 2 EA
4 Minor Concrete (New Sidewalks) (4") 810 SF
5 Class 2 Aggregate Base (0.50 - feet) (under sidewalk) 40 TON 6 Play Area Containment Curb 135 LF
7 Play Area Ramp 1 EA
8 Play Area Fence 125 LF
9 Play Area Mulch 42 CY
10 Play Area Drain Inlet 1 EA
11 Shade Structure 1 EA
12 Picnic Table 1 EA
13 Play Equipment (Rockpile) 1 EA
14 Play Equipment (Worm Climber) 1 EA
15 Play Equipment (Solo Spinner) 1 EA
1 Irrigation Repair 1 LS
2 Tree Protection Fencing 1 LS
3 Horticultural Analysis 1 EA
4 Trees 15 Gallon 11 EA
5 Turf Event Lawn - Overseeding 20,205 SF
6 Sod Turf Repair - Hydroseeding 20,310 SF
7 90 Day Maintenance 1 LS
Bid Schedule 1 - Path / Boardwalk
Total Bid Schedule 1 =
Bid Schedule 2 - Gazebo Island Area
Total Bid Schedule 2 =
Bid Schedule 3 - Playground Area
Traffic Control & Caltrans Encroachment Permit =
Total Amount Bid =
Total Bid Schedule 3 =
Bid Schedule 4 - Landscaping & Irrigation
Total Bid Schedule 4 =
Total Bid Schedules 1 - 4 =
Mobilization / Demobilization =
SWPPP =
ELLIS LAKE PARK ENHANCEMENT PROJECT
CONTRACT NO. 25-10
Faithful Performance Bond
CITY OF MARYSVILLE
PUBLIC WORKS DEPARTMENT
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: that, WHEREAS, the City Council of the City of Marysville, CA (“Obligee or City”), Yuba County, State of California, has awarded to , hereinafter designated as the "Principal," a Contract, the terms and provisions of which Contract are incorporated herein by reference, for constructing the City of Marysville ELLIS LAKE PARK ENHANCEMENT PROJECT, Contract No. 25-10, and
WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract;
NOW, THEREFORE, we the Principal, and , as Surety, are held and firmly bound unto the City of Marysville, CA, Yuba County, CA, in the penal sum of:
($ ), lawful money of the
United States, being one hundred percent (100%) of the Contract amount, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, THAT, if the above bounden Contractor, its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alterations thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Agency, its directors, officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a condition precedent to the satisfactory completion of the said Contract, the above obligation in above-stated amount shall hold good for a period of one (1) year after the recording of the notice of completion, during which time if the Contractor, its heirs, executors, administrators, successors or assigns shall fail to make full, complete, and satisfactory repair and replacements or totally protect the Agency from loss or damage made evident during the period of one (1) year from the date of recording of the notice of completion, and resulting from or caused by defective materials or faulty workmanship in the prosecution of the work done, the above obligation in the above-stated amount shall remain in full force and effect. However, anything in this paragraph to the contrary notwithstanding, the obligation of the Surety hereunder shall continue so long as any obligation of the Contractor remains.
The 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 the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations 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. The Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
In the event suit is brought upon this bond by the Agency and judgment is recovered, the Surety shall pay all costs incurred by the Agency in such suit, including, but not limited to, administrative and consultant costs, and reasonable attorneys' fees to be fixed by the Court.
ELLIS LAKE PARK ENHANCEMENT PROJECT
CONTRACT NO. 25-10
Faithful Performance Bond
The address or addresses at which the principal and surety(ies) may be served with notices, papers and other documents under the California Bond and Undertaking Law (Code of Civil Procedure section 995.010 et seq.) is the following:
IN WITNESS THEREOF, the above bounded parties have executed this instrument under their several seals this day of , the name and corporate seal of each corporate party being hereto affixed and those presents duly signed by its undersigned representative, pursuant to authority of its governing body.
Principal:
Signature:
Name &
Title:
Address:
Surety:
Signature:
Name &
Title:
Address:
Attorney in Fact:
(Corp. Seal)
(Corp. Seal)
ELLIS LAKE PARK ENHANCEMENT PROJECT
CONTRACT NO. 25-10
Faithful Performance Bond
Surety shall submit the following documents along with this Faithful Performance Bond:
1. Verification that Surety is admitted to transact surety business in the State of California; and
2. Copy of Surety’s Certificate of Authority, issued by the Insurance Commissioner of the State of California, along with a statement that said Certificate has not been surrendered, revoked, cancelled, annulled or suspended.
Approved as to legal form: , City Attorney
(NOTE: The date of this bond must not be prior to date of Contract. If Contractor is a partnership, all partners should execute bond.)
**END OF SECTION**
ELLIS LAKE PARK ENHANCEMENT PROJECT
CONTRACT NO. 25-10
Faithful Performance Bond
(This Page Left Blank Intentionally)
ELLIS LAKE PARK ENHANCEMENT PROJECT
CONTRACT NO. 25-10
Payment Bond
CITY OF MARYSVILLE
PUBLIC WORKS DEPARTMENT
PAYMENT BOND
(LABOR AND MATERIAL BOND)
KNOW ALL MEN BY THESE PRESENTS:
That we, , as Principal, and , as Surety,
are held and firmly bound unto the City of Marysville, any and all persons named in California Civil Code Section 9100 as Claimants, whose claim has not been paid by the Contractor, in the aggregate total of ($ ) (being 100% of the
Contract amount) for payment whereof, well and truly to be made, said Principal and Surety bond themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay reasonable attorney’s fees to the City of Marysville in an amount to be fixed by the court.
The condition of the foregoing obligation is such that, whereas the Principal has entered into a Contract dated , 2026, with the City of Marysville, CA (“Owner”) to do the following work, to wit: City of Marysville Ellis Lake Park Enhancement Project, Contract No. 25-10.
NOW, THEREFORE, if the Principal or its/his/her subcontractors fail to pay i) any of the persons named in Section 9100 of the Civil Code of the State of California; ii) amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal or its/his/her subcontractor pursuant to Section 13020 of the Unemployment Insurance Code of the State of California, with respect to such work and labor; or iii) for any other work, materials, services, provisions, provender, or other supplies, or for the use of implements of machinery used in, upon, or about the performance of work to be done; then the Surety will pay for the same, in the amount not exceeding the sum specified in this bond, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the court.
This bond shall inure to the benefit of any person named in Section 9100 of the Civil Code of the State of California so as to give a right of action to them or their assignees in suit brought upon this bond.
Moreover, if the Owner or any entity or person entitled to file stop payment notices is required to engage the services of an attorney in connection with the enforcement of this bond, the Contractor and Surety shall be liable for the reasonable attorney's fees incurred, with or without suit, in addition to the above sum.
This bond is executed and filed to comply with the provisions of the act of Legislature of the State of California as designated in Civil Code Section 9550 to 9566, inclusive, and all amendments thereto. The Surety, for value received, hereby stipulates and agrees to waive the benefits of California Civil Code Sections 2819 and 2845. The Surety hereby waives notice of any change, alteration or addition to the Contract or to related subcontracts, purchase orders and other obligations, including but not limited to changes of time. The Surety consents to all terms of the Contract, including provisions on changes to the Contract Documents. No extension of time, Change Order, alteration, modification, deletion, or addition to the Contract Documents, or of the work required thereunder, shall release or exonerate Surety on this Payment Bond or in any way affect the obligations of Surety on this Payment Bond.
ELLIS LAKE PARK ENHANCEMENT PROJECT
CONTRACT NO. 25-10
Payment Bond
Any proceeding, legal or equitable, under this Payment Bond shall be instituted in any court of competent jurisdiction in Yuba County, California.
IN WITNESS THEREOF, the parties have executed this instrument under their several seals this day of , the name and corporate seal of each corporate party being hereto affixed and those presents duly signed by its undersigned representative, pursuant to authority of its governing body.
Principal:
Signature:
Name &
Title:
Address:
Surety:
Signature:
Name &
Title:
Address:
Attorney in Fact:
Surety shall submit the following documents along with this Labor and Material Bond:
1. Verification that Surety is admitted to transact surety business in the State of California; and
2. Copy of Surety’s Certificate of Authority, issued by the Insurance Commissioner of the State of California, along with a statement that said Certificate has not been surrendered, revoked, cancelled, annulled or suspended.
Approved: , City Attorney
(NOTE: The date of this bond must not be prior to date of Contract. If Contractor is a partnership, all partners should execute bond.)
**END OF SECTION**
(Corp. Seal)
(Corp. Seal)
ELLIS LAKE PARK ENHANCEMENT PROJECT
CONTRACT NO. 25-10
Payment Bond
(This Page Left Blank Intentionally)