Bid Notice-Ellis Lake Park Enhancement Project.pdf

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.

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

SECTION 1 – DEFINITIONS

SECTION 2 –PROPOSAL AND CONTRACT REQUIREMENTS

SECTION 3 – CONTROL OF THE WORK

SECTION 4 –LEGAL REGULATIONS AND RESPONSIBILITY TO THE PUBLIC

SECTION 5 – WATER AND DUST CONTROL

SECTION 6 – PROGRESS OF THE WORK, LIQUIDATED DAMAGES, AND CONTRACT TIME

SECTION 7 – PAYMENT

SECTION 8 – QUANTITIES AND MATERIALS

SECTION 9 – SAFETY PRECAUTIONS

SECTION 10 – DESCRIPTION OF THE WORK

SECTION 11 – EARTHWORK & PAVING

SECTION 12 – CONCRETE CURBS, GUTTERS, SIDEWALKS, AND DRIVEWAYS

SECTION 13 – TRENCHING OPERATIONS

SECTION 14 – STORM SEWER CONSTRUCTION

SECTION 15 – SEWER MAIN CONSTRUCTION

SECTION 16 – WATER MAIN CONSTRUCTION

SECTION 17 – ELECTRICAL AND LIGHTING

SECTION 18 – PRECAST CONCRETE BOARDWALK

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

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.

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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 non-refundable 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 jmallen@mhm-inc.com.

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

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

ELLIS LAKE PARK ENHANCEMENT PROJECT

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 jmallen@mhm-inc.com.

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.

ELLIS LAKE PARK ENHANCEMENT PROJECT

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

ELLIS LAKE PARK ENHANCEMENT PROJECT

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 sub-applicant 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.

ELLIS LAKE PARK ENHANCEMENT PROJECT

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.

ELLIS LAKE PARK ENHANCEMENT PROJECT

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.

ELLIS LAKE PARK ENHANCEMENT PROJECT

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

ELLIS LAKE PARK ENHANCEMENT PROJECT

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

ELLIS LAKE PARK ENHANCEMENT PROJECT

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.

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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, ELLIS LAKE PARK ENHANCEMENT PROJECT 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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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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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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SECTION 6 – PROGRESS OF THE WORK, LIQUIDATED DAMAGES, AND CONTRACT TIME

6.1 Prosecution of Work

The City…