Agenda packet — Colma City Council, March 23, 2022 (part 1 of 6)

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AGENDA

REGULAR MEETING

CITY COUNCIL OF THE TOWN OF COLMA
Wednesday, March 23, 2022
7:00 PM

The City Council meeting will be conducted virtually pursuant to the provisions of Assembly Bill 361 amending the Ralph M. Brown Act and Government Code Section 54953(e) (and without compliance with section 54953(b)(3)) related to conducting public meetings during the COVID-19 pandemic based on the current State of Emergency and the existing State recommendations on social distancing. The Council Chambers will not be open to the public for this City Council meeting.

Members of the public may view the meeting by attending, via telephone or computer, the Zoom Meeting listed below:

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Meeting ID: 812 8997 6261
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Members of the public may provide written comments by email to the City Clerk at [email protected] before or during the meeting. Emailed comments should include the specific agenda item on which you are commenting or note that your comment concerns an item that is not on the agenda. The length of the emailed comment should be commensurate with the three minutes customarily allowed for verbal comments, which is approximately 250-300 words. Verbal comments will also be accepted during the meeting.

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PLEDGE OF ALLEGIANCE AND ROLL CALL

ADOPTION OF AGENDA

PRESENTATION
• Board Member Laura Walsh, San Mateo County Mosquito and Vector Control District Board of Trustees

PUBLIC COMMENTS
Comments on the Consent Calendar and Non-Agenda Items will be heard at this time. Comments on Agenda Items will be heard when the item is called.

CONSENT CALENDAR

1. Motion to Accept the Minutes from the March 9, 2022 Regular Meeting. 2 . Motion Accepting the Fiscal Year 2021-22 Annual Investment Report through December 31, 2021.

3. Motion Approving Bid Document Package, Authorizing Staff to Solicit Informal Bids for the F Street P
avement Rehabilitation Project, and Authorizing the City Manager to Approve Changes to the Bid Package as Needed or Required.

4. Motion Accepting the 2021 Annual Report on the Implementation of the General Plan, Including the Housing Element.

PUBLIC HEARING

5. 2040 GENERAL PLAN UPDATE ADOPTION AND EIR CERTIFICATION Consider: Motion to Adopt a Resolution of the City Council of the Town of Colma Adopting Environmental Findings Pursuant to the California Environmental Quality Act, Certifying the Environmental Impact Report (SCH #2020069005) for the Town of Colma 2040 General Plan Update, Adopting a Statement of Overriding Considerations, Adopting the Mitigation Monitoring and Reporting Program, and Adopting the Town of Colma 2040 General Plan Update.

6. F AMILY DAY CARE HOMES ORDINANCE
Consider: Motion to Introduce and Waive Further Reading of an Ordinance Amending Chapter 4, Business Activities, and Chapter 5, Planning, Zoning, Use & Development of Land & Improvements of the Colma Municipal Code Relating to Family Day Care Homes.

REPORTS
Mayor/City Council
City Manager

ADJOURNMENT
The City Council Meeting Agenda Packet and supporting documents are available for review on the Town’s website www.colma.ca.gov or at Colma Town Hall, 1198 El Camino Real, Colma, CA. Persons interested in obtaining an agenda via e-mail should call Caitlin Corley, City Clerk at 650-997-8300 or email a request to [email protected].

Reasonable Accommodation
Upon request, this publication will be made available in appropriate alternative formats to persons with disabilities, as required by the Americans with Disabilities Act of 1990. Any person with a disability, who requires a modification or accommodation to view the agenda, should direct such a request to Pak Lin, ADA Coordinator, at 650-997-8300 or [email protected]. Please allow two business days for your request to be processed.

Minutes – Regular Meeting 03.09.22 Page 1 of 3

MINUTES

REGULAR MEETING
City Council of the Town of Colma
Meeting Held Remotely via Zoom.us
Wednesday, March 9, 2022
7:00 PM

PLEDGE OF ALLEGIANCE AND ROLL CALL
Mayor Helen Fisicaro called the meeting to order at 7:02 p.m.

Council Present –Mayor Helen Fisicaro, Vice Mayor Raquel Gonzalez, Council Members Joanne F. del Rosario, John Irish Goodwin and Diana Colvin were all present.

Staff Present – City Manager Brian Dossey, City Attorney Christopher Diaz, Administrative Services Director Pak Lin, Chief of Police John Munsey, Director of Public Works Brad Donohue, City Planner Farhad Mortazavi, and City Clerk Caitlin Corley were in attendance.

The Mayor announced, “Welcome to another of our completely remote Council Meeting. As always, we are accepting public comments through email or the zoom chat function— you can email our City Clerk at [email protected] or use the chat function to let her know which item you would like to speak on. Please keep your comments to 3 minutes or less.

Thank you.”

ADOPTION OF THE AGENDA
Mayor Fisicaro asked if there were any changes to the agenda; none were requested. She asked for a motion to adopt the agenda.

A
ction: Council Member del Rosario moved to adopt the agenda; the motion was seconded by Council Member Colvin and carried by the following vote:

Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
Helen Fisicaro, Mayor 
Raquel Gonzalez 
Joanne F. del Rosario 
John Irish Goodwin 
Diana Colvin 
5 0

PRESENTATION
 Chief John Munsey introduced new Police Officer Brian Nagata.  City Planner Farhad Mortazavi introduced Assistant Planner Alvin Jen.  Mayor Fisicaro read a proclamation in honor of Women’s History Month.

Item #1
Minutes – Regular Meeting 03.09.22 Page 2 of 3

PUBLIC COMMENTS
Mayor Fisicaro opened the public comment period at 7:12 p.m. and seeing no one come forward to speak, she closed the public comment period.

CONSENT CALENDAR

1. Motion to Accept the Minutes from the February 23, 2022 Regular Meeting.

2. Motion to Approve Report of Checks Paid for February 2021.

3. Motion to Reconfirm Findings and Determinations Under Resolution No. 2021-33 and Assembly Bill 361 for the Continuation of Virtual Meetings.

4. Motion to Adopt a Resolution Approving and Authorizing the City Manager to Execute a Legal Services Agreement with Sher Edling LLP to Explore Litigation Options on a Contingency Fee Basis for Representation in PCB Litigation.

5. Motion to Adopt a Resolution of the Town of Colma Approving Application(s) for Per Capita Grant Funds.

Action: Council Member Goodwin moved to approve the consent calendar items #1 through #5; the motion was seconded by Council Member del Rosario and carried by the following vote:

Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
Helen Fisicaro, Mayor 
Raquel Gonzalez 
Joanne F. del Rosario 
John Irish Goodwin 
Diana Colvin 
5 0

STUDY SESSION

6. SANITARY SEWER ENTERPRISE FUND
Director of Public Works and Planning Brad Donohue and Bartle Wells Consultant Doug Dove presented the staff report. Mayor Fisicaro opened the public comment period at 7:46 p.m. and seeing no one request to speak she closed the public comment period. Council discussion followed.

This item was for discussion only; no action was taken at this meeting.

COUNCIL CALENDARING
The next City Council Meeting will be on Wednesday, March 23, 2022 at 7:00 p.m.

Minutes – Regular Meeting 03.09.22 Page 3 of 3

REPORTS
City Manager Brian Dossey gave an update on the following topics:
 The Mayor Chamber Walk on Thursday, March 3 was a great success; the Mayor and staff, along with representatives from the Chamber of Commerce, visited 10 businesses along Mission Road.
 Huge congratulations to the Sustainability Team, especially Kathleen Gallagher. They coordinated a compost delivery to Woodlawn Cemetery.

ADJOURNMENT
Mayor Fisicaro adjourned the meeting at 8:32 p.m. in memory of Diana Olivas, longtime resident and mother-in-law of Vice Mayor Gonzalez; Donna Otis, former manager of Lake Merced Golf Club, who worked on many events for the Chamber of Commerce; Graham Heath Kelly, retired South San Francisco firefighter; and Officer Jorge David Alvarado, former Colma Police officer who was tragically killed in the line of duty while working for the Salinas Police Department.

Respectfully submitted,

Caitlin Corley
City Clerk

Staff Report re FY 2021-22 Mid-Year Investment Report Page 1 of 2

STAFF REPORT
T
O: Mayor and Members of the City Council
FROM: Pak Lin, Admin. Services Director
VIA: Brian Dossey, City Manager
MEETING DATE: March 23, 2022
SUBJECT: FY 2021-22 Mid-Year Investment Report

RECOMMENDATION
Staff recommends that the City Council make the following motion:

MOTION ACCEPTING THE FISCAL YEAR 2021-22 ANNUAL INVESTMENT REPORT THROUGH DECEMBER 31, 2021

EXECUTIVE SUMMARY
The Town’s unrestricted cash and investment totals $30.46 million as of December 31, 2021. On December 31, 202 1, the Town has $7.62 million in Cash -in-Bank, $2.14 million in the State’s investment pool Local Agency Investment Fund (LAIF), $15 .69 million in the San Mateo County Investment Pool (SMCIF), and $5.01 million in brokered CDs.

In December 2021, the Town transferred $1.5 million to SMCIF from the general bank.

The Town has three restricted funds, with $6.08 million in OPEB trust, $ 2.46 million in pension trust, and zero in the debt custody account, as of December 31, 2021 . Both OPEB and pension trusts are managed by Public Agency Retirement Services (PARS) and are classified as IRC Section 115 irrevocable trusts. The debt custody account is held in the Bank of New York Mellon and is designated for the COP debt repayment.

FISCAL IMPACT
There is no fiscal impact in accepting this investment report.

BACKGROUND
Periodically, the City Council reviews and approves the Town’s investment policy for compliance with State statute (California Government Code Section §53600, et seq.) and sets investment guidelines for the safekeeping of public funds. For day-to-day operations, the City Council designated the City Manager, or his designee, to maintain cash balances to meet daily operational needs and to keep the Town’s purchasing power through safe and secure investments. Most of the Town investments are placed in the State and the San Mateo County investment pools, which invest funds for more than one public agency. Both pools comply with the State statute and allocate most of their funds in agency and treasury bonds.

Item #2
Staff Report re FY 2021-22 Mid-Year Investment Report Page 2 of 2 The City Manager or his designee is required to review the Town’s investment policy annually and to provide semi -annual investment updates. The Investment Policy was last reviewed and approved by the City Council on July 24, 2019 and no change is proposed at this time.

This report summarizes the investment activities for the first half of the Fiscal Year 2021-22. It includes the beginning and ending balances by quarter; net Deposits and Withdrawals by quarter; total interest earned by quarter; the effective annual interest rates earned by quarter; and the cumulative weighted average. This report provides the required information, including additional narrative explanations.

ANALYSIS
On December 31, 2021, the Town has a balance of $39,001,999 in various cash and investment accounts, an increase of $4.24 million from December 31, 2020. The increase is due to a rise in sales tax and cardroom tax revenues.

As shown in the table below, the Town’s portfolio is in alignment with the Investment Policy.

REASONS FOR THE RECOMMENDED ACTION
The receipt of this report complies with the adopted Town Investment Policy.

COUNCIL ADOPTED VALUES
A periodic review of the Town’s investment performance aligns with the City Council adopted responsibility value. It exemplifies financial accountabilities and ensures the safekeeping of public funds.

CONCLUSION
Staff recommends the City Council receive and accept the report.

ATTACHMENT
A. Mid-Year Investment Report
Securities Par Value Market Value
Average
Yield
% of
Investment
Maximum
Investment
per Policy
In
Compliance
Local Agency Investment Fund 2,135,335 2,131,440 0.24% 9% --  San Mateo County Investment Pool 15,694,504 15,858,552 0.96% 69% --  Brokered CDs 4,960,000 5,016,273 1.38% 22% 30%  Total Unrestricted Investments 22,789,839 23,006,266 100% US Treasury Bills, Notes, & Bonds -- 5 Years
US Government Sponsored Agencies* 20% 5 Years
Bankers Acceptances* 20% 180 Days
Commercial Paper* 15% 270 Days
Negotiable CDs* 20% 5 Years
Time CDs -- 5 Years
Bank/Broker CDs 30% 5 Years
Local Agency Investment Fund (LAIF) $65 million --
-- --
Money Market Funds* 20% --
Medium Term Notes* 15% 5 Years
* Additional limitations applies. See Colma Administrative Code 4.02 Maximum
Maturity
Investment Philosophy
Cash and Investment Portfolio Summary

INVESTMENT POLICY OVERVIEW
Maximum
Investment
Comply with Government Code
Section 53646
Authorized Investment
San Mateo County Investment
Pool (SMIF)
Investment Objective
FY 2021-22 MID-YEAR INVESTMENT REPORT
(JULY 1, 2021 – DECEMBER 31, 2021)
Cash in Bank
$7.61 M
20%
LAIF
$2.14 M
5%
SMCIF
$15.69 M
40%
Brokered CDs
$5.02 M
13%Debt
$(0.00 M)
0%PARS-OPEB
$6.08 M
16%
PARS-Pension
$2.46 M
6%
Cash, Investment, and Restricted Funds
Safety: seeks to safeguard the principal of the funds under its control by maintaining an appropriate risk level.

Liquidity: sufficiently liquid to enable the Town to meet its reasonably anticipated cash flow requirements.

Yield: attain market average rate of return on its
investments throughout economic cycles, consistent with constraints imposed by its safety objectives and cash flow considerations.

Diversification: avoid incurring unreasonable and avoidable risks regarding specific security types or individual financial institutions. This shall also conform with applicable sections of the Government Code
Hold To Maturity:hold its investments to maturity in order to maximize its return on its investments and minimize its exposure to potential losses, when possible.

Benchmark: Based on a passive investment strategy and a portfolio consisting of primarily bank deposits and public agency investment pools. May use as a comparison yield
benchmark portfolios of similar average investment
maturity.

To invest public funds in a manner that will provide a
reasonable rate of investment return while minimizing
exposure to loss of capital and thereby maintaining a
consistent source of funds for the Town.

On December 31, 2021, the Town has a balance of $39.00
million in various cash and investment accounts. Unrestricted cash and investment has an aggregate balance of $30.46
million and restricted investments total $8.54 million. The restricted funds consist of $6.08 million in PARS OPEB Trust to fund future retiree medical and dental costs, $2.46 million in PARS Pension trust to fund future pension costs. There is no restricted fund in the Bank of New York Mellon, which would offset debt payments.

The unrestricted funds of $30.46 million include $7.61 million in Cash-in-Bank, $17.83 million in the State (LAIF) and county (SMCIF) pools, and $5.02 million in brokered CDs. The pooled accounts focus on liquidity and safekeeping of the assets. The investment strategy for both pools invests 50% or more in agency and treasury bonds and the rest in high-quality low- risk investments. The brokered CDs are limited to $250,000 per issuer and are fully insured by FDIC or NCUSIF.

Attachment A

1.6 Yrs. 0.96%

0.8 Yrs. 0.24%

4.5 Yrs. 1.38%
Cash and Investment
Balance @
12/31/21
Interest
Earnings
Unrealized
Gain/Loss
Cash in Bank $ 7,614,915 $ 1,655 $ 0 LAIF 2,135,335 3,040 -
SMIF 15,694,504 70,464 -
Brokered CDs 5,016,273 35,771 (81,504) Total Unrestricted $ 30,461,027 $110,931 $ (81,504) 115 Trust & Debt 8,540,971 109,875 - Total Cash & Inv. $ 39,001,999 $220,806 $ (81,504) The Town also received $109,875 in restricted investment earnings from its 115 Trusts.

San Mateo County (SMIF)
State of California (LAIF)
Bank/Brokered CDs (MBS)
Total Investment Earnings
MBS Brokered CDs
Agency Investment Pools (SMIF and LAIF)
Cash Balance
Through December 31, 2021, the Town received $110,931
in unrestricted investment earnings with $81,504 in
unrealized loss. The unrealized loss represents the today's market value of the Town's brokered CDs. The unrealized gain/loss is important to note if the Town were to liquidate its CDs today. Since the Town intends to hold the Brokered CDs until maturity, the unrealized gain/loss is considered as accounting entries and are not true gains or losses.

Additionally, the principal of $4.96 million is fully secured.

Cash and Investment Portfolio Highlights
Five-Year Comparison
Investment Types
Average
Life
Average
Yield
$37.97 M $32.49 M $33.92 M $34.76 M $39.00 M $0 M $10 M $20 M $30 M $40 M $50 MDec '17 Dec '18 Dec '19 Dec '20 Dec '21Town's Cash and Investment BalanceFive-Year ComparisonCash in BankLAIFSMIFBrokered CDs115 Trust & DebtThe Town maintains a minimum of $5.0 million in the Cash in Bank account to ensure adequate working capital to meet operating and capital needs. As shown in the 5-Year Comparison, the green bar stayedclose to $5.0 million in 2018 through 2020 and had close to$8.0 million in 2017 and 2021. In both 2017 and 2021, theTown had major capital projects with large anticipated cashoutflow. For this reason, the Town needed a higher thannormal working capital in Cash in Bank.As of December 31, 2021, the Town's Cash in Bank balance is $7.61 million.The Town participates in the Local Agency Investment Fund(LAIF) and San Mateo County Investment Pool Fund (SMIF)and invests majority of its excess unrestricted funds in bothagency investments pools.Both pools are actively managed by State and CountyTreasurer's, respectively, and follow the CaliforniaGovernment Code Section 53646. The table below shows theaverage portfolio life and average yield for both pools. Ingeneral, the longer the portfolio life, the higher the yield. Theportfolio life also indicates how often the securities within aportfolio are changed.As of December 31, 2021, the Town had $2.14 million in LAIFand $15.69 million in SMIF. In December 2021, the Towntransferred $1.5 million from Cash in Bank to SMIF.Beginning in December 2019, the Town purchased $4.96million worth of bank/brokered CDs, which are 100%FDIA/NCUSIF insured securities. The maturity date of theCDs ranges from 1 to 5 years with each newly matured CDsare replaced with CDs with 5-year maturity. The purposeofthis strategy is to stabilize the Town's annual investmentyield.As of December 31, 2021, the Town's CDs have a marketvalue of $5.02 million.

As illustrated in the five-year comparison chart, the Town'stotal cash and investment has grown from $37.97 million to$39.00 million. The growth can be attributed to budgetsurplus and continuous effects in improving its financialmanagement. The different colors in the chart also indicatehow the Town's investment portfolio has become morediversified.

F Street Pavement Rehabilitation Project Page 1 of 2
March 23, 2022

STAFF REPORT
T
O: Mayor and Members of the City Council
FROM: Brad Donohue, Director of Public Works,
Dave Bishop, Senior Engineer
VIA: Brian Dossey, City Manager
MEETING DATE: March 23, 2022
SUBJECT: F Street Pavement Rehabilitation Project – Bid Package Approval R

ECOMMENDATION
Staff recommends that the City Council adopt the following:

MOTION APPROVING BID DOCUMENT PACKAGE , AUTHORIZING STAFF TO SOLICIT

INFORMAL BIDS FOR THE F STREET PAVEMENT REHABILITATION PROJECT , AND

AUTHORIZING THE CITY MANAGER TO APPROVE CHANGES TO THE BID PACKAGE AS

NEEDED OR REQUIRED

EXECUTIVE SUMMARY
Staff has prepared project plans and contract specifications (“Bid Package”) for the 2022 F Street Pavement Rehabilitation Project (“Project”). Prior to soliciting potential contractors to bid on the Project Bid Package, staff is requesting City Council to review, comment and approve the Project Bid Package. If approved, staff will proceed with a notice inviting informal bids in accordance with the Uniform Public Construction Cost Accounting Act for the Project.

FISCAL IMPACT
There is no fiscal impact to approve the Bid Package. Currently there is an engineer’s estimate of $170,000 for the scope of work to complete the Project. At the time of contract award, staff will request from City Council a CIP budget amendment incorporating all Project costs (construction costs including contingencies).

BACKGROUND
Town owns approximately 10 centerline miles of local streets and roadways and is responsible for safety and functional condition of the roadway system.

The Public Works Department undertakes preventive maintenance of the roadway system through street pavement rehabilitation programs. These programs are designed to arrest minor pavement Item #3
F Street Pavement Rehabilitation Project Page 2 of 2
March 23, 2022
deterioration, retard progressive failures, and improve the functional condition of the system by providing a more uniform pavement surface. These programs will reduce the overall maintenance costs by extending the pavement’s service life and lessen the need for more costly pavement reconstruction.

ANALYSIS
The Project will rehabilitate the pavement along F Street (F Street on the West side of El Camino Real) between El Camino Real and the Town limits by grinding two inches (2”) of existing asphaltic concrete (AC) and placing 2” of new AC. This Project will also include dig outs for the areas of the roadway that need full reconstruction down to sub-grade and base material, crack sealing to prevent water intrusion into the roadway and thermoplastic traffic striping, street legends, and pavement markers. The location of the Project was selected based on the low pavement condition index (PCI) and maintenance history.

Staff prepared the Bid Package and engineers estimates in-house. A Notice Inviting Informal Bids to propose on this Project will be sent to qualified bidders from the Town’s list of contractors along with publishing the Notice Inviting Informal Bids on the Town's website. Staff will also reach out to qualified contractors via telephone calls and emails to notify them of the upcoming Project for bid.

The proposed tentative Project schedule is as follows:

March 23, 2022: Approve Bid Package and authorize to release Bid Package Late March 2022: Advertise Project
April 27, 2022 Award construction contract
Early May 2022
Late May 2022.

Start of construction
End of construction

CITY COUNCIL VALUES
Adoption of the resolution is consistent with the City Council’s value of being responsible, staying committed to their strategic plan and goals. By rehabilitating the roadway surface of F Street, the City C ouncil is improving the accessibility and safety for those who drive up and down the roadway.

CONCLUSION
Staff seeks Council’s motion approving the Bid Package and authorizing advertisement of the noticing inviting informal bids for the Project and authorizing the City Manager to approve minor changes and/or additions to the Bid Package as needed or required.

ATTACHMENTS
A. Bid Documents – Plans
B. Bid Documents - Specifications
SSMH7E87
SSMH7E43
F ST

EL CAMINO REAL
Town of Colma
0 50 100
Feet
Z
LEGEND
City Limit Line
2" Mill and Fill Limits
, Manhole
( Valve cover
March 2022
CSG Consultants Inc.

F Street
Mill & Fill
(26,700SF)
Sheet 1 of 1
F Street
Unincorporated SMCO
Town of Colma
Attachment A

TOWN OF COLMA

CONTRACT

SPECIFICATIONS AND SPECIAL PROVISIONS
F
OR
2022 F Street Pavement Rehabilitation Project
T

O BE SUPPLEMENTED BY

THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION STANDARD PLANS AND SPECIFICATIONS, 2010 EDITION
BID DUE DATE: ________________________
SUBMIT BIDS TO:

TOWN OF COLMA

PUBLIC WORKS DEPARTMENT
1198 El Camino Real
Colma, CA 94014
Attachment B

2022 F STREET PAVEMENT REHABILITATION PROJECT i

TABLE OF CONTENT

NOTICE INVITING INFORMAL BIDS ....................................................................................... 1

INSTRUCTIONS TO BIDDERS ................................................................................................... 3 BID FORMS ................................................................................................................................. 10 BID ....................................................................................................................................... 12 BID SCHEDULE ................................................................................................................. 15 BIDDER'S BOND ................................................................................................................ 19 BIDDER'S QUALIFICATIONS AND REFERENCES ...................................................... 22 LIST OF SUBCONTRACTORS ......................................................................................... 25 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND ..................... 27 SUBMITTED WITH BID.................................................................................................... 27 CERTIFICATE OF NON-DISCRIMINATION .................................................................. 30 STATEMENT OF CONVICTIONS .................................................................................... 30 PREVIOUS DISQUALIFICATIONS ................................................................................. 30 CERTIFICATION OF WORKER'S COMPENSATION INSURANCE ............................ 32 CERTIFICATION OF PREVAILING WAGE RATES AND RECORDS ......................... 32 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION ........................................ 34 DEBARMENT AND SUSPENSION CERTIFICATION ................................................... 36

SPECIAL PROVISIONS

SECTION 1 - DEFINITIONS AND REFERENCE STANDARDS ............................................ 38

SECTION 3 - EXECUTION OF CONTRACT ............................................................................ 42 SHORT-FORM CONSTRUCTION CONTRACT .............................................................. 44 EXHIBIT “A” ...................................................................................................................... 63 EXHIBIT “B” ...................................................................................................................... 65 EXHIBIT “C” ...................................................................................................................... 77 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR ................................................. 79 CERTIFICATE OF INSURANCE ...................................................................................... 83 GENERAL LIABILITY ENDORSEMENT ........................................................................ 85 WORKERS' COMPENSATION/EMPLOYER'S LIABILITY ENDORSEMENT ............ 89 SECTION 15 – SUBMITTALS.................................................................................................... 91 PART 1 – GENERAL .......................................................................................................... 91 PART 2 - PRODUCTS ........................................................................................................ 92 PART 3 - EXECUTION ...................................................................................................... 93

2022 F STREET PAVEMENT REHABILITATION PROJECT ii

TECHNICAL PROVISIONS

SECTION 100 - MOBILIZATION .............................................................................................. 99

PART 1 – GENERAL .......................................................................................................... 99 PART 2 – [RESERVED] ..................................................................................................... 99 PART 3 – [RESERVED] ..................................................................................................... 99 PART 4 - MEASUREMENT AND PAYMENT ................................................................. 99 SECTION 101 - TRAFFIC CONTROL ..................................................................................... 101 PART 1 – GENERAL ........................................................................................................ 101 PART 2 - PRODUCTS ...................................................................................................... 103 PART 3 - EXECUTION .................................................................................................... 103 PART 4 - MEASUREMENT AND PAYMENT ............................................................... 105 SECTION 102 - COLD PLANING ASPHALT CONCRETE PAVEMENT ............................ 108 PART 1 - GENERAL......................................................................................................... 108 PART 2 – PRODUCTS ...................................................................................................... 109 PART 3 – EXECUTION .................................................................................................... 109 PART 4 - MEASUREMENT AND PAYMENT ............................................................... 112 SECTION 103 – CRACK SEALS .............................................................................................. 114 PART 1 - GENERAL......................................................................................................... 114 PART 2 - PRODUCTS ...................................................................................................... 114 PART 3 - EXECUTION .................................................................................................... 115 PART 4 - MEASUREMENT AND PAYMENT ............................................................... 116 SECTION 104 – ASPHALT CONCRETE PAVEMENT .......................................................... 118 PART 1 – GENERAL ........................................................................................................ 118 PART 2 – PRODUCTS ...................................................................................................... 118 PART 3 – EXECUTION .................................................................................................... 119 PART 4 - MEASUREMENT AND PAYMENT ............................................................... 121

APPENDIX A – SITE PLAN ..................................................................................................... 124

2022 F STREET PAVEMENT REHABILITATION PROJECT 1

NOTICE INVITING INFORMAL BIDS

NOTICE IS HEREBY GIVEN that the Town of Colma (“Town”) invites informal bids for the 2022 F STREET PAVEMENT REHABILITATION PROJECT (the “Project”) and will receive the bids until ____________ ____________________ , at the Town Hall, located at 1198 El Camino Real, Colma, CA 94014.

The Project involves pavement rehabilitation of app roximately 26,700 square feet of roadway surface on F Street between El Camino Real and D Street in the Town. The scope of work consists of furnishing all equipment, labor, and materials n ecessary to perform 6” digouts, crack seals, 2” cold planing and AC overlay, pavement markings repl acement, potential utility adjustments, and all associated work.

The project is expected to begin in ____________ and complete within 10 working days.

Bids must be for the entire work and submitted on the Town’s bid forms.

Bid Package including bid forms is on file in the o ffice of the Town of Colma Public Works Department located at 1198 El Camino Real, Colma CA 94014.

This Project is subject to the prevailing wage requirements. Pursuant to Labor Code Section 1773, Town has obtained the prevailing rate of per diem wages and the prevailing wage rate for holiday and overtime work applicable in San Mateo County fr om the Director of the Department of Industrial Relations for each craft, classification, or type of worker needed to execute the Contract for the Project. A copy of these prevailing wage r ates may be obtained via the internet at:
www.dir.ca.gov/dlsr/. In addition, a copy of the pr evailing rate of per diem wages is available at the Town’s Public Works Departmentand shall be made available to interested parties upon request.

Pursuant to Labor Code Sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter in to a Contract to perform public work must be registered with the Department of Industrial Relations.

It is also subject to compliance monitoring and enf orcement by the Department of Industrial Relations under Labor Code Section 1771.4.

Unless otherwise provided in the Instructions for B idders, each bidder shall be a licensed contractor pursuant to Sections 7000 et seq. of the Business and Professions Code in the following classification(s) throughout the time it submits it s Bid and for the duration of the Contract: Class A License.

Each bid shall be accompanied by cash, a certified or cashier’s check, or bid bond secured from a surety company satisfactory to the Town, the amount of which shall not be less than ten percent (10%) of the submitted total bid price, made payabl e to Town of Colma as bid security. The bid security shall be provided as a guarantee that within ten (10) days not counting Sundays and legal

2022 F STREET PAVEMENT REHABILITATION PROJECT 2

holidays, after the Town provides the successful bidder the notice of award, the successful bidder will enter into a contract and provide the necessar y bonds and certificates of insurance. The bid security will be declared forfeited if the successf ul bidder fails to comply within said time. No interest will be paid on funds deposited with Town.

Each bidder shall submit with this bid a statement setting forth his/her/its experience and business standing, and the experience of subcontractors to be employed on the work. The statements shall be made on the forms provided by the Town and must accompany each bid.

The successful Bidder will be required to furnish a Faithful Performance Bond and a Labor and Material Payment Bond each in an amount equal to on e hundred percent (100%) of the Contract Price.

BY SUBMITTING A BID IN RESPONSE TO THIS SOLICITATIO N FOR BIDS, THE BIDDER

SHALL BE CONCLUSIVELY DEEMED TO HAVE READ, UNDERSTO OD AND AGREED

WITH ALL OF THE INFORMATION AND MATERIALS CONTAINED IN THE BID

DOCUMENTS, INCLUDING BUT NOT LIMITED TO THE CONSTRU CTION CONTRACT,

THE STANDARD SPECIFICATIONS, THE SPECIAL PROVISIONS , THE REQUIRED

NATURE AND AMOUNT OF INSURANCE AND THE DOCUMENTATION EVIDENCING SAID INSURANCE.

For project information and bid documents, please contact Dave Bishop, Senior Engineer, at Public Works, [email protected] or (650)757-8888.

END OF NOTICE INVITING INFORMAL BIDS

2022 F STREET PAVEMENT REHABILITATION PROJECT 3

INSTRUCTIONS TO BIDDERS

1.01 GENERAL

To be considered, bids must be made in accordance with these Instructions to Bidders.

The bidder's attention is directed to the provisions in Section 2, "Bidding," of the Standard Specifications and these special provisions for the requirements and conditions which the bidder must observe in the preparation of and the submission of the bid.

In addition to Section 2-1.10, " Subcontractor List ," of the Standard Specifications, each bid shall have listed therein the portion of work t hat will be done by each subcontractor listed. A sheet for listing the subcontractors is included in the Bid book consisted of both bid forms and certifications.

In conformance with Public Contract Code Section 71 06, a Non-collusion Affidavit is included in the Bid book. Signing the Bid book shal l also constitute signature of the Non- collusion Affidavit.

The contractor, sub recipient or subcontractor shal l not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. Each subcontract signed by the bidder must include this assurance.

Failure of the bidder to fulfill the requirements o f the Special Provisions for submittals required to be furnished after bid opening, includi ng but not limited to escrowed bid documents, where applicable, may subject the bidder to a determination of the bidder's responsibility in the event it is the apparent low bidder on future public works contracts.

1.02 EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF WORK

The bidder shall carefully examine the site of the work, proposal, plans, specifications, and contract forms. The submittal of a bid shall be conclusive evidence that the bidder has made a complete investigation and acknowledged the site conditions to be encountered, the character, quality, and quantities of work to be performed, the materials to be furnished, all applicable Federal, State, and local laws and regul ations, and the requirements of these specifications and the contract. Bidders’ failure t o make an adequate examination of the site and all relevant materials and conditions shall not relieve bidder with respect to his/her bid or performance of the work.

1.03 BID PREPARATION

The bid shall be made on the unaltered bid forms fu rnished. Bidders shall state in the bidding blanks, on the bid schedule attached to the bid forms, the prices to cover the cost

2022 F STREET PAVEMENT REHABILITATION PROJECT 4

of all labor, materials, tools, equipment, transportation, services, and incidentals necessary to perform the work required under the respective bid items. If the unit price and the total amount named by the bidder for any item do not agre e, the unit price shall govern. The bid shall be signed with the name typed below the s ignature. If the bid is made by an individual, their name and address must be shown; i f by a firm, the firm or partnership name shall be shown; or if by a corporation, the bid must be signed with the legal name of the corporation followed by the name of the state o f incorporation and the legal signature of an officer authorized to bind the corporation to a contract.

1.04 BID SECURITY

Each bid shall be accompanied by cash, certified ch eck or bid bond made payable to the Town for an amount equal to at least ten percent (1 0%) of the total contract cost stated in said bid. No bid shall be considered unless such b id security is enclosed therewith. The successful bidder, upon his failure or refusal to execute and deliver the contract, insurance, and bonds required within ten (10) days not counting Sundays and legal holidays after they have has received written notice of contract award, shall forfeit to the Town, as liquidated damages for such failure or refusal, the security deposited with their bid.

1.05 BASIS OF BIDS

The bidder shall bid on all items listed in Base Bid and Alternate Bid Schedule as specified; failure to comply may be cause for rejection. No s egregated bids or assignments will be considered.

The Town shall determine the lowest bid based on the grand total of the Base Bid plus Alternate Bid Schedule.

1.06 AWARD AND EXECUTION OF CONTRACT

The bidder's attention is directed to the provision s in Section 3, "Contract Award and Execution," of the Standard Specifications for the conditions and requirements concerning award and execution of contract.

The award of the contract, if it be awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements.

The Town reserves the right to reject any and all p roposals and/or to waive any irregularities therein. The Town shall reject a bid of any party who has been delinquent or unfaithful in any former contract with the Town.

The award of contract, if it is awarded, it will be made within sixty (60) days after the opening of bids to the lowest responsible bidder whose prop osal complies with all the Contract requirements. If the lowest responsible bidder refuses or fails to execute the Contract, the Town may award the Contract to the second lowest re sponsible bidder within ninety (90)

2022 F STREET PAVEMENT REHABILITATION PROJECT 5

days after the opening of bids. If the second lowe st responsible bidder refuses or fails to execute the Contract, the Town may award the Contract to the third lowest responsible bidder within a reasonable time determined by the Town. T he periods of time specified above within which the award of Contract may be made shal l be subject to extension for such further period as may be agreed upon in writing bet ween the Engineer and the bidder concerned.

All bids will be compared on the basis of the Engineer's estimate of the quantities of work to be done. The Engineer's estimate of construction quantities is approximate only, being given as a basis for the comparison of bids. The Town does not expressly or by implication agree that the actual amount of work will correspond therewith and reserves the right to change the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or expedient by the Engineer in accordanc e with Section 4-1.05, “Changes and Extra Work”’ of the Standard Specifications.

The contract shall be executed by the successful bidder and shall be returned, together with the contract bonds, to the Town so that it is recei ved within 10 days , not including Saturdays, Sundays, and legal holidays, after the b idder has received the contract for execution. Failure to do so shall be just cause fo r rejection of the bid. The executed contract documents shall be delivered to the following address:

Office of the City Clerk, Town of Colma: 1198 El Camino Real, Colma, California 94014

1.07 MINIMUM PERCENTAGE OF WORK BY PRIME CONTRACTOR

The prime contractor (supplying bid) shall perform a minimum of 50% of the bid value of the work with their direct work forces.

1.08 LISTING OF SUBCONTRACTORS

Bids shall comply with the Subletting and Subcontra cting Fair Practices Act (Public Contract Code Section 4100 et seq.). Pursuant to Section 4104 of the said Act, each bidder shall state in their bid the subcontractors they in tend to employ to perform any work or labor, or to render any service in or about the con struction of the work or improvement.

This listing shall include the name of each subcont ractor, the location of their place of business and the nature of the work to be performed by the subcontractor. Contractor will not be permitted to change this listing without pri or written approval of the Town. If the bidder fails to stipulate a subcontractor for any p ortion of the work under this contract, it shall be understood that the Contractor will perform such work without subcontracting the same, and they will not be permitted to subcontract said work without prior written approval of the Town.

1.09 SUBMITTAL OF BID

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Submit completed original bid with accompanying for ms in an opaque, sealed envelope.

Identify the envelope with: (1) project name, (2) n ame of bidder and 3) bid opening date and time. Submit bids in accordance with the Notice to Contractors to:

TOWN OF COLMA

OFFICE OF THE CITY CLERK
1198 El Camino Real
Colma, CA 94014

Oral, telegraphic, facsimile, or telephonic bids or modifications will not be considered.

1.010 MODIFICATIONS AND WITHDRAWAL

Bids may not be modified after submittal. Bidders may withdraw bids at any time before bid opening, provided that a request in writing, ex ecuted by the bidder or his duly authorized representative, for the withdrawal of su ch bid, is filed with the Town prior to the time fixed for the opening of bids. The withdrawal of a bid shall not prejudice the right of a bidder to file a new bid.

1.011 BID OPENING

Bids will be accepted until the date and hour stipu lated in the contract documents and/or the published advertisement for bids. Bids will no t be accepted after that time. Bids will be opened as announced in the Notice to Contractors.

1.012 DISQUALIFICATION OF BIDDERS

A. More than one bid from an individual, firm or pa rtnership, corporation, or association, under the same or different names, will not be considered. Reasonable grounds for believing that a bidder is interested i n more than one bid for the work contemplated will cause the rejection of all bids in which said bidder is interested.

B. A bid may be rejected on the basis of a bidde r, any officer, or any such employee of such bidder having been disqualified, removed, o r otherwise prevented from bidding on, or completing a federal, state, or local project because of a violation of law or a safety regulation.

C. Bids in which prices obviously are unbalanced ma y be rejected.

1.013 QUESTIONS AND ADDENDA

All questions about the Bid Documents may be direct ed to Public Works Department, Attention: Dave Bishop, Senior Engineer, at (650)75 7-8888 or email at [email protected] within seven (7) days prior to the bid opening date. Normal replies or interpretations that do not give unfair advantage or information to the questioning bidder

2022 F STREET PAVEMENT REHABILITATION PROJECT 7

will be answered directly without formal record or addenda. Replies that provide new information not previously available to all bidders or other changes to the contract documents arising from questions or otherwise will be issued to all plan holders of record as addenda to the Bid Documents and will become part of the contract. The Town will not be responsible for oral clarification, nor will sam e be binding. Questions that might necessitate an addendum that are received less than seven (7) calendar days before the day of bid opening may not be answered but will be reso lved after bid opening or contract award.

1.014 APPROXIMATE ESTIMATE

The quantities given in the bid are approximate only, being given as a basis for comparison of bids. The Town does not expressly or by implicat ion agrees 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 such p ortions of the work as may be deemed necessary or expedient. Payment for unit price bid items will be made for actual quantities measured in the field.

1.015 RELIEF OF BIDDERS

If the bidder claims a mistake was made in their bi d, the bidder shall give the Town a written notice within five (5) working days after t he opening of the bids of the alleged mistake, specifying in the notice in detail how the mistake occurred.

1.016 ACCEPTANCE/REJECTION OF BIDS

The right is reserved to reject any and all bids or to accept the bid deemed best for the Town. Bids may be rejected if they show any alterat ions of form, additions, conditional bids, incomplete bids, erasures, or irregularities of any kind. The Town reserves the right to waive any irregularities in the bids as received . The award of the contract, if it be awarded, will be to the lowest responsible bidder, and will be made within sixty (60) calendar days after the opening of the bids.

1.017 RETURN OF BID GUARANTEES

The contract shall be signed by the successful bidd er and returned, together with the contract bonds and insurance certifications, within ten (10) days not counting Sundays and legal holidays after the bidder has received notice that the contract has been awarded.

Failure to execute the contract and file acceptable bonds and insurance certifications within the time specified shall be just cause for the annu lment of the award and the forfeiture of the bid guarantee.

Within thirty (30) calendar days after the award of the contract, the Town will return the bid guaranties, other than bidder's bonds, accompan ying those bids which are not to be considered in making the award. All other bid guar anties will be held until the contract

2022 F STREET PAVEMENT REHABILITATION PROJECT 8

has been finally executed, after which time they wi ll be returned to the respective bidders whose bid they accompanied.

1.018 QUALIFICATION OF BIDDERS

Prior to award of the contract, the Town shall have the right to require any bidder to submit evidence of their capacity to perform the work on t he basis of past experience on similar projects of equal magnitude, to render a statement of financial status, and to submit proof of insurability. Before entering into a contract, the bidder shall satisfy the Town that they possess adequate equipment and have the necessary e xperience and forces to perform the work in the manner set forth in the contract docume nts. The bidder shall be a licensed contractor in the State of California. A Town of C olma business license will be required before the contract for the work is signed by the Town.

1.019 REVIEW OF AGREEMENT AND BOND FORMS

A. The forms of contract, faithful performance bond , and payment bond included in this Specification shall be examined by each bidder but are to be executed only by the Contractor to whom award is made.

B. Before the execution of the contract, the Contra ctor shall file with the Town or its authorized representative, acceptable corporate sur ety bonds on the form attached herein, in a sum not less than one hundred percent (100%) of the amount of the contract, to guarantee the faithful performance of the contract and another in a sum not less than one hundred percent (100%) of the amo unt of the contract, to guarantee the payment of wages for services engaged , and of bills contracted for materials, supplies, and equipment used in the perf ormance of the contract. The aforesaid faithful performance bond shall be such as to stay in force for a period of 365 days after acceptance of the work by the Town, or as otherwise specified in the Supplementary Requirements as a guarantee of repair or replacement of any item(s) of work found to be defective by reason of faulty w orkmanship or defective materials.

1.020 SUBLETTING

No subcontractor will be recognized as such, and al l persons engaged in the work of construction will be considered as employees of the Contractor, and their work shall be subject to the provisions of the contract documents. When a portion of the work has been sublet by the Contractor and is not being prosecute d in a manner satisfactory to the Town or its authorized representative, the subcontractor shall be removed immediately at the request of the Town or its authorized representativ e and shall not again be employed on the work.

2022 F STREET PAVEMENT REHABILITATION PROJECT 9

1.021 BID PRICES ALL INCLUSIVE

The prices listed in the bid shall include all mate rials, labor, equipment, tools, supplies, utilities, licenses, permit fees, taxes, incidental s, overhead and profit and for performing all work necessary to complete the work, in place and in full working order as stipulated in the contract documents.

END OF INSTRUCTIONS TO BIDDERS SECTION

2022 F STREET PAVEMENT REHABILITATION PROJECT 10

BID FORMS

PART 1 - GENERAL

1.01 FORMS INCLUDED

Contractors shall submit their bids on the following forms included in this Section:

A. Bid
B. Bid Schedule
C. Bidder's Qualifications and References
D. List of Subcontractors
E. Non-Collusion Affidavit
F. Certificate of Non-Discrimination
G. Statement of Convictions
H. Previous Disqualifications
I. Certification of Worker's Compensation Insurance
J. Certification of Prevailing Wage Rates and Records
K. Equal Employment Opportunity Certification
L. Debarment and Suspension Certificate

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BID

2022 F STREET PAVEMENT REHABILITATION PROJECT
______________________________________________________________________________

TO THE TOWN OF COLMA, CALIFORNIA:

Pursuant to the foregoing Notice to Contractors, th e undersigned bidder herewith submits a bid on the bidding form or forms attached hereto and made a part hereof and binds themselves on award by the Town of Colma under this bid to execute in accordance with such award a contract, of which this bid and the said Notice to Contractors, Bid Documents shall be a part, and to furnish the bonds and insurance required by the specificati ons. The attached Notice to Contractors, Instructions to Bidders and specifications are made a part of this bid and all provisions thereof are hereby accepted.

The bidder further agrees that, in case of their de fault in executing the required contract, bonds, or insurance requirements, the check accompa nying their bid and the money payable thereon, or the money payable under the bid bond ac companying their bid, as the case may be, shall be applied to the Town towards payment of the damage to the Town on account of such default, as provided in the specifications.

Corporation organized under the laws of the State of _____________________.

Contractors California License Number/Classification: ____________________

License expiration date: _________________________________________________

Firm: ____________________________________________

By: _____________________________________________

SIGNATURE DATE

Address: _________________________________________

_________________________________ ZIP____________

Phone: _________________________________________

Nature of firm (corporation, partnership, etc.) and names of individual members of the firm, or names and titles of officers of the corporation.

CORPORATE SEAL ______________________________
-or-
NOTARIAL ACKNOWLEDGMENT _________________________ _____

2022 F STREET PAVEMENT REHABILITATION PROJECT 13

OF SIGNATURE, if partnership
or proprietorship _______________ _______________

2022 F STREET PAVEMENT REHABILITATION PROJECT 14

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BID SCHEDULE

2022 F STREET PAVEMENT REHABILITATION PROJECT

Base Bid Schedule

ITEM DESCRIPTION UNIT ESTIMATED

QUANTITY
UNIT
PRICE
ITEM
TOTAL
1 Mobilization LS 1 $ $
2 Traffic Control and Notification LS 1 $ $
3 6” Dig outs with 4” Plug SF 1100 $ $
4 Crack Seal LS 1 $ $
5 Cold Plaining 2” AC Pavement SY 2970 $ $
6 2” AC Overlay TON 350 $ $
7 Install 4” Double Yellow
Centerline per CA MUTCD
Detail 21 (Extruded
Thermoplastic)
LF 730 $ $
8 Install 4” White Lane Line per
CA MUTCD Detail 8 (Extruded
Thermoplastic )
LF 500 $ $
9 Install 8” White Channelizing
Line per CA MUTCD Detail 38A
(Extruded Thermoplastic)
LF 110 $ $
10 Install Type III (B) Arrow
(Extruded Thermoplastic EA 1 $ $
11 Install Type III (R) Arrow
(Extruded Thermoplastic EA 1 $ $
12 Install Type VI Arrow for Right
Lane Reduction (Extruded
Thermoplastic )
EA 3 $ $
13 Install 4” White Stripes for
Parking Space and No Parking
Zone
LF 105 $ $
TOTAL OF BASE BID ITEMS (1-13): $

TOTAL OF BASE BID AMOUNT IN WORDS:

(Abbreviation: EA=Each, LS=Lump Sum, LF=Linear Foot, LM=Lane Mile, SY=Square Foot)

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Alternate Bid Schedule

ITEM

DESCRIPTION UNIT ESTIMATED

QUANTITY
UNIT
PRICE
ITEM
TOTAL
14 Adjust Manhole EA 4 $ $
15 Adjust Valve EA 2 $ $
TOTAL OF BASE BID PLUS ALTTERNATE BID ITEMS (1-15): $

TOTAL OF BASE BID PLUS ALTERNATE BID AMOUNT IN WORDS:

BASIS OF AWARD:

The Contract will be awarded based on the lowest bid. The lowest bid shall be the lowest TOTAL OF BASE BID PLUS ALTERNATE BID ITEMS to perform the work describe above. Award of Alternate or any combination of alternate items shall be at the Town’s discretion after the lowest responsible and responsive bidder has been determined.

The undersigned declares, by their signature to this proposal, that the bidder has carefully checked all of the above figures and understands that the Town shall not be responsible for any errors or omissions on the part of the undersigned in making up this bid. Bid prices shall be shown in figures for the individual items and in both words and figures for the total bid. In the case of any discrepancy between the extended prices for any bid item bid, the unit price multiplied by the number of units shall prevail. In the event of any discrepancy between the total contract amount and the sum of the extended prices of all items, the sum of the extended prices of all items shall prevail. In cases of discrepancy between the total in writing and the total in figures, the total in writing will prevail. If erasures or other changes appear on this proposal, each such erasure or change must be initialed by the person signing the bid.

The bidder shall set forth each item of work, in clearly legible figures, an item unit 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.

If this Proposal shall be accepted and the undersigned should fail to contract as aforesaid or should fail to give the "Faithful Performance" Surety Bond in the sum of one hundred percent (100%) of the contract bid, Payment Bond in the sum of 100% o f the contract bid, plus any increases authorized by the City, the "Labor and Material" Su rety Bond in the sum of one hundred percent (100%) of the contract bid, and certificates of ins urance covering Public Liability and Property Damage in amounts satisfactory to the City Engineer and a Certificate of Insurance covering Workmen's Compensation Insurance, within ten (10) d ays not counting Sundays and legal

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holidays, after the Bidder has received notice from the City that the Contract is ready for signature, the Town may, at its option, determine that the bidder has abandoned the Contract, thereupon this Proposal and the acceptance thereof shall be null a nd void, and the forfeiture of any security accompanying this Proposal shall operate and the same shall become the property of the Town of Colma, State of California.

Bidders must, upon request, furnish evidence of their financial responsibility and ability to perform the work herein described.

The Bidder agrees to accept as full payment for the construction of the Project the amount computed in accordance with the bid schedule prices, which include all costs for labor, materials, tools, equipment, services, taxes, insurance, overhead, profit, warranty performance and all other costs necessary to perform the work in accordance with the Contract Documents.

ADDENDUM ACKNOWLEDGMENT

WE HEREBY ACKNOWLEDGE ADDENDUM NOs ____, ____, & ____, AND HAVE REFLECTED THESE CHANGES IN OUR PROPOSAL .

_____________________________________
Signature of Bidder

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BIDDER'S BOND
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KNOW ALL PERSONS BY THESE PRESENTS:

That:
______________________________________________________________________________ _

as PRINCIPAL, and
____________________________________________________________________

a corporation duly organized under the laws of the State of ___________________, and duly licensed to become sole surety on bonds required or authorized by law, as SURETY, are held firmly and bound to the Town of Colma, hereinafter referred to as Town, in the penal sum of TEN PERCENT (10%) OF THE TOTAL AMOUNT OF THE BID of the Principal above named submitted to the Town for work or services describe d below, for the payment of which sum is lawful money of the United States, as well and trul y to be made, said Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that, whereas, the principal has submitted the above-mentioned bid to the Town for certain work or services generally described as follows:

2022 F STREET PAVEMENT REHABILITATION PROJECT

for the Town of Colma, California

NOW, THEREFORE, if the aforesaid principal is award ed the contract and, within the time and manner required under the specifications, enters into a written contract, in the prescribed form, in accordance with the bid, submits proof of insurance as required by these specifications, and files the two bonds with the Town, one to guarantee faith ful performance and the other to guarantee payment for labor and materials, as required by suc h contract or by law, then the obligation shall be null and void; otherwise, it shall be and remain in full force and effect.

In the event suit is brought upon this bond by Town and judgment is recovered, the Surety shall pay all costs incurred by the Town in such suit, in cluding reasonable attorney's fee to be fixed by court.

Dated this ____________ day of ___________________, 2020.

_________________________________________
________________________________________
(SURETY)
(PRINCIPAL)

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By: ______________________________________ By:
____________________________________

Title: ____________________________________ Title:
___________________________________

By:
____________________________________

Title: __________________________________

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BIDDER'S QUALIFICATIONS AND REFERENCES

2022 F STREET PAVEMENT REHABILITATION PROJECT

Name of Bidder: _________________________________________________

THE BIDDER SHALL COMPLETE THE FOLLOWING STATEMENTS:

1. The bidder has been engaged in the contracting b usiness, under the present business name for ________ years.

2. Experience in work of a nature similar to that c overed in the bid documents extends over a period of _______ years.

3. The bidder, as a contractor, has never failed to satisfactorily complete a contract awarded to them, except as follows: (Name any and all exceptions and reasons therefor.) ___________________________________________________ ___________________________________ ___________________________________________________ ___________________________________ ___________________________________________________ ___________________________________ _______

4. The following contracts have been satisfactorily co mpleted in the last three years for the persons, firms or authorities indicated:

TYPE OF CONTRACT LOCATION

YEAR WORK AMOUNT AND FOR WHOM PERFORMED

(a) _______ ________ __________ ___________________ _________________

(b) _______ ________ __________ ___________________ _________________

(d) _______ ________ __________ ___________________ _________________

(e) _______ ________ __________ ___________________ _________________

5. The following person may be contacted for inform ation concerning the contract work listed above (list a reference for each contract named):

NAME/TITLE ADDRESS TELEPHONE

(a)
(b)
(c)
(d)

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(e)

6. Reference is hereby made to the following bank o r banks as to the financial responsibility of the bidder:

Bank: _______________________________ Branch:
_________________________

Bank: _______________________________ Branch:
__________________________

7. Reference is hereby made to the following surety company or companies as to the financial responsibility of the bidder:

Surety Co.: ___________________________ Office:
__________________________

8. Following is a list of plant and equipment owned by the bidder, which is definitely available for use on the proposed work as required:

QUANTITY NAME, TYPE, AND CAPATOWN CONDITION

LOCATION

________ _______________________________________ _ _________ _________

(Attach additional sheets as necessary)

9. All of the above statements as to experience, fi nancial qualifications, and available plant and equipment are submitted in conjunction with the bid, as a part thereof and the truthfulness and accuracy of the information is guaranteed by the bidder.

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Signature of Bidder: ____________________________

____________________________
Print Name and Title

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LIST OF SUBCONTRACTORS

2022 F STREET PAVEMENT REHABILITATION PROJECT

Each bidder in submitting their bid for the doing o f work or improvements shall, in their bid or offer, in accordance with the provisions of Section 4104 of the Public Contract Code of the State of California, set forth the following:

1. Name and location of the place of business of ea ch subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or the improvement, or a subcontractor licensed by the State of California who, under subcontract of the prime contractor, specially fabricates and installs portions of the work or improvements accor ding to the specifications contained in the bid documents.

2. The percentage of work, labor, or services which will be done or rendered by each subcontractor.

Subcontractor's Description CA Contractor Percentage of Name and Location of Work License # and DI R # Prime bid

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NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND

SUBMITTED WITH BID

2022 F STREET PAVEMENT REHABILITATION PROJECT

TOWN OF COLMA, CALIFORNIA

State of California

County of San Mateo

________________________________, being first duly sworn, deposes and says that the Contractor is _________________ of ________________ _ the party making the foregoing bid 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 indirectl y inducted 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 indirectl y, 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 tha t of any other bidder, or to secure any advantage against the public body awarding the contract of an yone 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 their 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.

______________________________
Signature of Bidder

______________________________
Business Address

______________________________

Subscribed and sworn to before me this ____ day of __________, 2016.

_________________________________
Notary Public in and for the County of
_______________, State of California.

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My commission expires _____________, 20

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CERTIFICATE OF NON-DISCRIMINATION

2022 F STREET PAVEMENT REHABILITATION PROJECT

On behalf of the bidder making this Bid, the unders igned certifies that there will be no discrimination in employment with regard to race, c olor, religion, sex, sexual orientation, or national origin; that all federal, state, and local directives and executive orders regarding non- discrimination in employment will be complied with; and that the principle of equal opportunity in employment will be demonstrated positively and aggressively.

__________________________________________________

BIDDER'S SIGNATURE

STATEMENT OF CONVICTIONS

"I hereby swear, under penalty of perjury, that no more than one final, unappealable finding of contempt of court by a Federal Court has been issued against me within the past two years because of failure to comply with an order of a Federal Court to comply with an order of the National Labor Relations Board."

___________________________________________________

BIDDER'S SIGNATURE

PREVIOUS DISQUALIFICATIONS

"I hereby swear, under penalty of perjury, that the below indicated bidder, any officer of such bidder, or any employee of such bidder who has a pr oprietary interest in such bidder, has never 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 except as indicated on the separate sheet attached hereto entitled "Previous Disqualifications." If such exceptions are attached, please explain the circumstances.

___________________________________________________

BIDDER'S SIGNATURE

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CERTIFICATION OF WORKER'S COMPENSATION INSURANCE

By my signature hereunder, as CONTRACTOR, I certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insuranc e 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.

___________________________________________________

BIDDER'S SIGNATURE

CERTIFICATION OF PREVAILING WAGE RATES AND RECORDS

By my signature hereunder, as CONTRACTOR, I certify that I am aware of the provisions of Section 1773 of the Labor Code which requires the payment of prevailing wage on public projects.

Also, that the CONTRACTOR and any subcontractors un der the Contractor shall comply with Section 1776, regarding wage records, and with Sect ion 1777.5, regarding the employment and training of apprentices, of the Labor Code. It is the CONTRACTOR'S responsibility to ensure compliance by any and all subcontractors performing work under this Contract.

The information below applies to the above five sections.

____________________________________________________

BIDDER'S SIGNATURE

Company Name ______________________________

Signed by (printed) _____________________________

Title ______________________________

Dated ______________________________

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EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION

(THE BIDDER’S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL

SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE

CERTIFICATIONS WHICH ARE A PART OF THIS PROPOSAL)

The bidder ________________________________________ _____________________, proposed subcontractor ____________________________ ________________, hereby certifies that he has _______, has not ______, participated i n 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 Reporti ng Committee, the Director of the Office of Federal Contract Compliance, a Federal Government c ontracting or administering agency, or the former President’s Committee on Equal Employment Op portunity, all reports due under the applicable filing requirements.

Note : The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 61-1.7(b) (1)) and m ust be submitted by bidders and proposed subcontractors only in connection with con tracts and subcontractors which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CF R 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 previously 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 Direct or, Office of Federal Contract Compliance, U.S. Department of Labor.

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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, 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.

_________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________

Notes: 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.

END OF BID FORMS SECTION

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SPECIAL PROVISIONS

SECTION 1 - DEFINITIONS AND REFERENCE STANDARDS

PART 1 - GENERAL

Section 1 of the Special Provisions shall conform w ith Section 1, “General,” of the Standard Specifications except as modified herein.

1.01 DEFINITIONS

The following paragraphs are added to Section 1 of the Standard Specifications. Wherever in the Standard Specifications, Plans, Special Provisions, or other Contract documents the following definitions and terms are used, the inten t and meaning shall be interpreted as follows.

A. Agency: The Town of Colma

B. Board: The City Council of the Town of Colma

C. Town: The Town of Colma

D. Engineer: City Engineer of the Town of Colma, State of California, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them.

E. Laboratory: Laboratories approved and authorized by the Engineer to test materials and work involved in the Contract.

F. Town Standards: The Town of Colma Standard Specific ations, Edit 2.A, Dated January 1999 and Town of Colma Standard Details, Dated 1998.

G. Standard Specifications: The State of California De partment of Transportation Standard Specifications, 2010 Edition.

H. Special Provisions: Any provisions, which supplemen t or modify the Standard Specifications, including technical specifications covering construction materials and methods. The State Department of Transportation publication titled Labor Surcharge and Equipment Rental Rates and the State Department of Industrial Relations General Prevailing Wage Rates are to be c onsidered as a part of the special provisions.

1.02 REFERENCE STANDARDS

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The following standards to the extent referenced in the special and technical specifications shall have full force and effect as though printed in this Specification and shall be the latest edition or revision thereof in effect on the bid op ening date unless a particular edition or issue is indicated. Copies of these standards are not available from the Town. The Engineer will furnish, upon request, information as to how copies may be obtained.

Abbreviations and terms, or pronouns in place of them, shall be interpreted as follows:

AASHTO: American Association of State Highway and T ransportation Officials, Standard Specifications

ACI: American Concrete Institute, Standards

AISC: American Institute of Steel Construction, Sp ecification for the Design, Fabrication, and Erection of Structural Steel for Buildings, and the AISC Code of Standard Practice

AMCA: Air Moving and Conditioning Association, Stan dards

ANSI: American National Standards Institute

APA: American Plywood Association

APWA: American Public Works Association, Standard S pecifications for Public Works Construction

ASHRAE: American Society of Heating, Refrigeration and Air Conditioning Engineers

ASME: American Society of Mechanical Engineers

ASTM: American Society for Testing and Materials, S tandards

AWPA: American Wood-Preservers' Association, Standa rds

AWS: American Welding Society

AWWA: American Water Works Association, Standards

CAL/OSHA: California/Occupational Safety and Health Administration, Standards CA MUTCD: California Manual on Uniform Traffic Cont rol Devices

CISPI: Cast Iron Soil Pipe Institute, Standards

CMAA: Crane Manufacturers' Association of America

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CRSI: Concrete Reinforcing Steel Institute, Standa rds

CSS: CalTrans Standard Specifications, State of Ca lifornia, Department of Transportation

ICEA: Insulated Cable Engineers Association

MIL: Military Specification

IEEE: Institute of Electrical and Electron Enginee rs

MSS: Manufacturers Standardization Society

NAAMM: National Association of Architectural Metal Manufacturers

NACE: National Association of Corrosion Engineers

NEC: National Electric Code

NEMA: National Electrical Manufacturers' Associatio n

PUC: Public Utilities Commission of California

RIS: Redwood Inspection Service, Standard Specific ations

SDI: Steel Door Institute

SMACNA: Sheet Metal and Air Conditioning Contractor s National Association

SSPC: Steel Structures Painting Council, Specifica tions

UBC: Uniform Building Code of the International Co nference of Building Officials

UL: Underwriters Laboratories

WCLA: West Coast Lumbermen's Association

END OF SECTION 1

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SECTION 3 - EXECUTION OF CONTRACT

PART 1 – GENERAL

Section 3 of the Special Provisions shall conform w ith Section 3, "Award and Execution of Contract," of the Standard Specifications except as modified herein.

1.01 EXECUTION OF AGREEMENT AND BONDS

A. After award of contract, the Town will mail to t he Contractor three copies of the Agreement, bond and insurance forms. Within ten (1 0) working days after receiving the forms, the Contractor must execute and return them to:

TOWN OF COLMA
Public Works Department
1198 El Camino Real
Colma, CA 94014

B. All three copies of the Agreement and bonds m ust be signed by the Contractor. If the Contractor is a corporation, the contract and b onds must be signed by the corporate officers authorized to do so and the corporate seal must be affixed to each document.

C. The bonds must be executed by a surety compan y authorized to do business in the State of California, and its corporate seal shall b e affixed to each document, together with notarial acknowledgment of the execution of the bonds by the surety's representative. If the contract price is more than $100,000.00, the surety company must furnish the Town a certified copy of the autho rization of its agent to execute the bonds. If the bonds are executed outside the State of California, all copies must be countersigned by a California representative of the surety.

D. After the contract is executed on behalf of t he Town, one copy will be returned to the Contractor for his files.

1.02 RELEASE OF BONDS

A. Faithful performance bond shall remain in effect fo r 365 days after the Notice of Completion is filed by the Town. The bond will remain in effect as a guarantee to repair or replace any defective workmanship or materials for the one-year guaranty period.

B. The Town may release the Faithful Performance Bond upon receipt of a separate Maintenance Bond from Contractor. The maintenance b ond shall be in the form approved by the Town and executed by a surety company or companies satisfactory

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to the Town, in the amount of ten (10) percent of t he Contract price or $1,000.00, whichever is greater. Said bond shall remain in for ce for the duration of the guarantee period specified. The form of said bond can be found among the Contract Documents which is part of these provisions.

B. Labor and material payment bond shall remain in effect until 35 days after Notice of Completion is filed by the Town and any stop notices received by the Town have been released.

1.03 INSURANCE

A. After award of the contract, the Contractor s hall promptly obtain the insurance certificates required by Section 7 of the Special P rovisions and shall submit them to the City Clerk as specified.

B. Insurance requirements must be met within the same ten (10) working day period allowed for execution of the contract and bonds.

1.04 NOTICE TO PROCEED

The Notice to Proceed will not be issued until the contract is properly executed, good and approved bonds are furnished, and all insurance req uirements have been met and the certificates have been approved by the Town.

END OF SECTION 3

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SHORT-FORM CONSTRUCTION CONTRACT
2022 F STREET PAVEMENT REHABILITATION PROJECT

TOWN OF COLMA, CALIFORNIA

1. P
ARTIES AND DATE .

This Contract is made and entered into this ____ da y of ________________, 20_____ by and between the TOWN OF COLMA , a municipal organization organized under the laws of the State of California located at 1198 El Camino Real, Colma, CA 94014 (“Town”), and __________________________________________ a [___[INSERT TYPE OF ENTITY -

CORPORATION, PARTNERSHIP, SOLE PROPRIETORSHIP OR OT HER LEGAL ENTITY]___] with its principal place of business at [___INSERT ADDRESS___] (“Contractor”). Town and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract.

2. R
ECITALS .

2.1 Town. Town is a municipal corporation organize d under the laws of the State of California, with power to contract for services necessary to achieve its purpose.

2.2 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the Town on the terms and conditions set forth in this Contract. Contractor represents that it is experienced in providing Road Repair services to public clients, that it and its employe es or subcontractors have all necessary licenses and permits to perform the services in the State of California, and that is familiar with the Bid Documents.

2.3 Project. Town desires to engage Contractor to render such services for the 2022 F STREET PAVEMENT REHABILITATION PROJECT (“Project”) as set forth in this Contract.

2.4 Project Documents & Certifications. Contractor has obtained, and delivers concurrently herewith, PERFORMANCE BOND, PAYMENT BO ND, INSURANCE DOCUMENTS AND OTHER CERTIFICATIONS as required by the Contract.

3. T ERMS

3.1 Incorporation of Documents. This Contract incl udes and hereby incorporates in full by reference the following documents, includin g all exhibits, drawings, specifications and documents therein, and attachments and addenda ther eto: Bid forms and Technical Specifications .

3.2 Contractor’s Basic Obligation; Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the Owner a ll labor, materials, tools, equipment, services, and incidental and customary work necessary to comp lete the Project fully and adequately, including all structures and facilities necessary f or the Project or described in the Contract

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(hereinafter sometimes referred to as the “Work”), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, an d performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference.

The plans and specifications for the Work are further described in Exhibit “A” attached hereto and incorporated herein by this reference. Special conditions, if any, relating to the Work are described in Exhibit “B” attached hereto and incorporated herein by this reference.

3.3 Change in Scope of Work. Any change in the sco pe of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in advance and in writing by a valid change order executed by the Town.

3.4 Period of Performance and Liquidated Damages. Contractor shall perform and complete all Work under this Contract within 10 Working Days , beginning the effective date of the Notice to Proceed (“Contract Time”). Contracto r shall perform its Work in strict accordance with any completion schedule, construction schedule or Project milestones developed by the Town. Such schedules or milestones may be included as part of Exhibits “A” or “B” attached hereto or may be provided separately in writing to the Contractor. Contractor agrees that if such Work is not completed within the aforementioned Con tract Time and/or pursuant to any such completion schedule, construction schedule or Proje ct milestones developed pursuant to provisions of the Contract, it is understood, ackno wledged and agreed that the Town will suffer damage. Since it is impractical and infeasible to determine the amount of actual damage, it is agreed that the Contractor shall pay to the Town as fixed and liquidated damages, and not as a penalty, the sum of One Thousand Dollars ($1000) per day for each and every calendar day of delay beyond the Contract Time or beyond any comple tion schedule, construction schedule or Project milestones established pursuant to the Contract.

3.5 Standard of Performance; Performance of Employe es. Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professio nals in the same discipline in the State of California. Contractor represents and maintains th at it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them. Finally, Contractor represents that it, its employees and subcontractor s have all licenses, permits, qualifications and approvals of whatever nature that are legally requi red to perform the Work, including a Town Business License, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without re imbursement from the Town, any work necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee who is determined by the Town to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner ac ceptable to the Town, shall be promptly removed from the Project by the Contractor and shall not be re-employed on the Work.

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3.6 Control and Payment of Subordinates; Contractua l Relationship. Town retains Contractor on an independent contractor basis and C ontractor is not an employee of Town. Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in c onnection with their performance under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, bu t not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.

3.7 Town’s Basic Obligation. Town agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for th e sum set forth above. Except as otherwise provided in the Contract, the Town shall pay to Contractor, as full consideration for the satisfactory performance by the Contractor of the services and obligations required by this Contract, the above referenced compensation in accordance with compensation provisions set forth in the Contract.

3.8 Compensation and Payment.

3.8.1 Amount of Compensation. As consideration for performance of the Work required herein, Town agrees to pay Contractor the Total Contract Price of [ ___INSERT WRITTEN DOLLAR AMOUNT___] Dollars ($[___INSERT NUME RICAL DOLLAR AMOUNT___]) (“Total Contract Price”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract o r written change orders approved and signed in advance by the Town.

3.8.2 Payment of Compensation. If the Work is sche duled for completion in thirty (30) or less calendar days, Town will arrang e for payment of the Total Contract Price upon completion and approval by Town of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, Town will pay Contractor on a monthly basis as provided for herein.

On or before the fifth (5th) day of each month, Con tractor shall submit to the Town an itemized application for payment in the format supplied by t he Town indicating the amount of Work completed since commencement of the Work or since t he last progress payment. These applications shall be supported by evidence which i s required by this Contract and such other documentation as the Town may require. The Contrac tor shall certify that the Work for which payment is requested has been done and that the mat erials listed are stored where indicated.

Contractor may be required to furnish a detailed schedule of values upon request of the Town and in such detail and form as the Town shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments.

Town shall review and pay all progress payment requ ests in accordance with the provisions set forth in Section 20104.50 of the Cal ifornia Public Contract Code. No progress payments will be made for Work not completed in accordance with this Contract.

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3.8.3 Contract Retentions. From each approved prog ress estimate, five percent (5%) will be deducted and retained by the Town, and the remainder will be paid to Contractor. All Contract retainages shall be released and paid to t he Contractor and subcontractors pursuant to California Public Contract Code Section 7107.

3.8.4 Other Retentions. In addition to Contract re tentions, the Town may deduct from each progress payment an amount necessary to p rotect Town from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the Town in performing any of Contracto r’s obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or w ithin the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contracto r; (7) unauthorized deviations from the Contract; (8) failure of the Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by Tow n during the prosecution of the Work; (9) erroneous or false estimates by the Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determ ined by the Town, incurred by the Town for which Contractor is liable under the Contract; and (11) any other sums which the Town is entitled to recover from Contractor under the terms of the C ontract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the Town to deduct any of these sums from a progress payment shall not constitute a waiver of the Town’s right to such sums.

3.8.5 Substitutions for Contract Retentions. In ac cordance with California Public Contract Code Section 22300, the Town will permit t he substitution of securities for any monies withheld by the Town to ensure performance under th e Contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the Town, or with a state or federally chartered bank in California as the escrow agent, and thereafter the Town shall then pay such monies to the Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to t he Contractor. For purposes of this Section and Section 22300 of the Public Contract Code, the term “satisfactory completion of the contract” shall mean the time the Town has issued written final acc eptance of the Work and filed a Notice of Completion as required by law and provisions of thi s Contract. The Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. The escrow agreement used for the purposes of this Section shall be in the form provided by the Town.

3.8.6 Payment to Subcontractors. Contractor shall pay all subcontractors for and on account of work performed by such subcontractors in accordance with the terms of their respective subcontracts and as provided for in Sect ion 10262 of the California Public Contract Code. Such payments to subcontractors shall be bas ed on the measurements and estimates made and progress payments provided to Contractor pursuant to this Contract.

3.8.7 Title to Work. As security for partial, prog ress, or other payments, title to Work for which such payments are made shall pass to the Town at the time of payment. To the

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extent that title has not previously been vested in the Town by reason of payments, full title shall pass to the Town at delivery of the Work at the des tination and time specified in this Contract.

Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the Town, nor relieve Contractor from the responsib ility to strictly comply with the Contract and shall not relieve Contractor of responsibility for any loss of or damage to items.

3.9 Termination. This Contract may be terminated b y Town at any time by giving Contractor three (3) days advance written notice. In the event of termination by Town for any reason other than the fault of Contractor, Town shall pay Contractor for all Work performed up to that time as provided herein. In the event of brea ch of the Contract by Contractor, Town may terminate the Contract immediately without notice, may reduce payment to the Contractor in the amount necessary to offset Town’s resulting damages , and may pursue any other available recourse against Contractor. Contractor may not te rminate this Contract except for cause. A termination without cause by Town shall not act as or be deemed a waiver of any potential known or unknown Town claims associated with Consultant’s performance prior to the date of termination.

In the event this Contract is terminated in whole or in part as provided, Town may procure, upon such terms and in such manner as it may determ ine appropriate, services similar to those terminated. Further, if this Contract is terminate d as provided, Town may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract.

3.10 Completion of Work. When the Contractor deter mines that it has completed the Work required herein, Contractor shall so notify To wn in writing and shall furnish all labor and material releases required by this Contract. Town shall thereupon inspect the Work. If the Work is not acceptable to the Town, the Town shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomp lete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Co ntractor may request a reinspection by the Town. Once the Work is acceptable to Town, Town sh all pay to Contractor the Total Contract Price remaining to be paid, less any amount which Town may be authorized or directed by law to retain. Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code.

3.11 Town’s Representative. The Town hereby design ates the Director of Public Works, or his or her designee, to act as its representativ e for the performance of this Contract (“Town’s Representative”). Town’s Representative shall have the power to act on behalf of the Town for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the Town’s Representative or his or her designee.

3.12 Contractor’s Representative. Before starting the Work, Contractor shall submit in

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writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the Town (“Contractor ’s Representative”). Following approval by the Town, the Contractor’s Representative shall hav e full authority to represent and act on behalf of the Contractor for all purposes under this Contr act. The Contractor’s Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor’s Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the Town, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the Town, shall be made for emergency Work which may be required.

Should Contractor desire to change its Contractor’s Representative, Contractor shall provide the information specified above and obtain the Town’s written approval.

3.13 Contract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from Town, the matter shall be referred to Town’s Representative, whose decision shall be binding upon Contractor.

3.14 Loss and Damage. Contractor shall be responsi ble for all loss and damage which may arise out of the nature of the Work agreed to h erein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by Town. However, Contractor shall be responsible for damage proximately caused by Acts of God, withi n the meaning of Section 4150 of the California Government Code, only to the extent of f ive percent (5%) of the Total Contract Price as specified herein. In the event of damage proximately caused by “Acts of God,” the Town may terminate this Contract upon three (3) days advanced written notice.

3.15 Indemnification. To the fullest extent permit ted by law, Contractor shall defend, indemnify and hold Town, its officials, officers, e mployees, volunteers and agents free and harmless from any and all claims, demands, causes o f action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any acts, omissions o r willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contra ctors arising out of or in connection with the performance of the Work or this Contract, including without limitation the payment of all consequential damages and attorneys’ fees and other related costs and expenses. Contractor shall defend, at Contractor’s own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against Town, its directors, official officers, employees, agents or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against Town or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse Town and its directors, officials, officers, employ ees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them i n connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Contract and shall not be restr icted to insurance proceeds, if any, received by

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the Town, its governing board, directors, official officers, employees, agents, or volunteers. The only limit to Contractor’s indemnification obligation shall be that required by Civil Code Section 2782 exempting Contractor from indemnifying Town against Town’s active negligence or willful misconduct.

3.16 Insurance.

3.16.1 Time for Compliance. The Contractor shall o btain, and at all times during performance of the Work of Contract, maintain all o f the insurance described in this Article.

Contractor shall not commence Work under this Contr act until it has provided evidence satisfactory to the Town that it has secured all insurance required hereunder. Contractor shall not allow any subcontractor to commence work on any sub contract until it has provided evidence satisfactory to the Town that the subcontractor has secured all insurance required under this Section. Failure to provide and maintain all requi red insurance shall be grounds for the Town to terminate this Contract for cause. Contractor shal l furnish Town with original certificates of insurance and endorsements effective coverage required by this Contract on forms satisfactory to the Town. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf and shall be on forms acceptable to the Town. All certificates and endorsements must be received and approved by the Town before Work commences. The retroactive date (if any) of each policy is to be no later than the effective date of this Contract. Contractor shall maintain such cove rage continuously for a period of at least five years after the completion of the Work under this C ontract. Contractor shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Contract; B) if the policy is cancelled or not rene wed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Contract.

3.16.2 Types of Insurance.

3.16.2.1 Workers’ Compensation Insurance. The Cont ractor shall provide workers’ compensation insurance for all of the empl oyees engaged in Work under this Contract, on or at the Site, and, in case of any sublet Work, the Contractor shall require the subcontractor similarly to provide workers’ compensation insurance for all the latter’s employees as prescribed by State law. Any class of employee or employees not covered by a subcontractor’s insurance shall be covered by the Contractor’s insurance. In case a ny class of employees engaged in work under this Contract, on or at the Site, is not protected under the Workers’ Compensation Statutes, the Contractor shall provide or shall cause a subcontra ctor to provide, adequate insurance coverage for the protection of such employees not otherwise protected. The Contractor is required to secure payment of compensation to his employees in accorda nce with the provisions of Section 3700 of the Labor Code. The Contractor shall file with the Town certificates of his insurance protecting workers. Company or companies providing insurance coverage shall be acceptable to the Town, if in the form and coverage as set forth in the Contract.

3.16.2.2 Employer’s Liability Insurance. Contracto r shall provide Employer’s Liability Insurance, including Occupatio nal Disease, in the amount of at least one

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million dollars ($1,000,000.00) per person per acci dent. Contractor shall provide Town with a certificate of Employer’s Liability Insurance. Such insurance shall comply with the provisions of the Contract. The policy shall be endorsed, if applicable, to provide a Borrowed Servant/Alternate Employer Endorsement and contain a Waiver of Subrogation in favor of the Town.

3.16.2.3 Commercial General Liability Insurance. Contractor shall provide “occurrence” form Commercial General Liability insurance coverage at least as broad as the most current ISO CGL Form 00 01, including but not limited to, premises liability, contractual liability, products/completed operations, personal and adverti sing injury which may arise from or out of Contractor’s operations, use, and management of the Site, or the performance of its obligations hereunder. The policy shall not contain any exclus ion contrary to this Contract including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 39); or (2) cross-liability for claims or suits against one insured against another. Policy limits shall not be less t han $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Project/location or the general aggregate limi t shall be twice the required occurrence limit.

Defense costs shall be paid in addition to the limits.
i. Such policy shall comply with all the requiremen ts of this Article. The limits set forth herein shall apply se parately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Contractor from liability in excess of such coverage, nor shall it limit Contrac tor’s indemnification obligations to the Town and shall not preclude the Town from taking such other actions available to the Town under other provisions of the Contract or law.
ii. All general liability policies provided pursuan t to the provisions of this Article shall comply with the provisions of the Contract. iii. All general liability policies shall be writte n to apply to all bodily injury, including death, property damage, pe rsonal injury, owned and non-owned equipment, blanket contractual liability, completed operations liability, explosion, collapse, under-ground excavation, removal of later al support, and other covered loss, however occasioned, occurring during the policy ter m, and shall specifically insure the performance by Contractor of that part of the indem nification contained in these General Conditions relating to liability for injury to or death of persons and damage to property. iv. If the coverage contains one or more aggregate limits, a minimum of 50% of any such aggregate limit must rem ain available at all times; if over 50% of any aggregate limit has been paid or reserve d, the Town may require additional coverage to be purchased by Contractor to restore t he required limits. Contractor may combine primary, umbrella, and as broad as possible excess liability coverage to achieve the total limits indicated above. Any umbrella or e xcess liability policy shall include the

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additional insured endorsement described in the Contract. v. All policies of general liability insurance shal l permit, and Contractor does hereby waive any right of subrogati on which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.

3.16.2.4 Automobile Liability Insurance. Contracto r shall provide “occurrence” form Automobile Liability Insurance at least as broad as ISO CA 00 01 (Any Auto) in the amount of, at least, one million dollars ($1 ,000,000) per accident for bodily injury and property damage. Such insurance shall provide coverage with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible, in a form and with insurance companies acceptable to the Town. All policies of automobile insurance shall permit, and Contractor does hereby waive any right of subrogation which any ins urer of Contractor may acquire from Contractor by virtue of the payment of any loss.

3.16.3 Form and Proof of Carriage of Insurance.

3.16.3.1 Any insurance carrier providing insurance coverage required by the Contract shall be admitted to and authorized to do business in the State of California unless waived, in writing, by the Town’s Risk Manager. Carrier(s) shall have an A.M. Best rating of not less than an A:VII. Insurance deductibles or self- insured retentions must be declared by the Contractor. At the election of the Town, the Contr actor shall either 1) reduce or eliminate such deductibles or self-insured retentions, or 2) procu re a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses. If umbrella or excess liability coverage is used to meet any required limit(s) specified herein, the Contractor shall provide a “follow form” endorsement satisfactory to the Town indicating that such coverage is subject to the same terms and conditions as the underlying liability policy. Such umbrella or excess liability policy shall contain or be endorsed to co ntain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the Town before the Town’s own insurance or self-insurance shall be called upon.

3.16.3.2 Each insurance policy required by this Con tract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or cancelled except after thirty (30) days prior written notice by certified mail, r eturn receipt requested, has been given to the Town; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage p rovided to the Town its officials, officers, employees, agents and volunteers.

3.16.3.3 The Certificates(s) and policies of insura nce shall contain or shall be endorsed to contain the covenant of the insuranc e carrier(s) that it shall provide no less than thirty (30) days written notice be given to the Tow n prior to any material modification or cancellation of such insurance. In the event of a material modification or cancellation of coverage, the Town may terminate the Contract or stop the Work in accordance with the Contract, unless the

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Town receives, prior to such effective date, anothe r properly executed original Certificate of Insurance and original copies of endorsements or ce rtified original policies, including all endorsements and attachments thereto evidencing cov erage’s set forth herein and the insurance required herein is in full force and effect. Contractor shall not take possession, or use the Site, or commence operations under this Contract until the Town has been furnished original Certificate(s) of Insurance and certified original copies of endor sements or policies of insurance including all endorsements and any and all other attachments as r equired in this Section. The original endorsements for each policy and the Certificate of Insurance shall be signed by an individual authorized by the insurance carrier to do so on its behalf.

3.16.3.4 The Certificate(s) of Insurance, policies and endorsements shall so covenant and shall be construed as primary, and the Town’s insurance and/or deductibles and/or self-insured retentions or self-insured programs sh all not be construed as contributory. With respect to the Commercial General Liability Policy, the “primary and non-contributory” provision shall be at least as broad as CG 20 01 04 12.

3.16.3.5 The Town reserves the right to adjust the monetary limits of insurance coverages during the term of this Contrac t including any extension thereof if in the Town’s reasonable judgment, the amount or type of i nsurance carried by the Contractor becomes inadequate.

3.16.3.6. Contractor shall report to the Town, in a ddition to Contractor’s insurer, any and all insurance claims submitted by the Contractor in connection with the Work under this Contract.

3.16.3.7 The Town, its officials, officers, employees, agents and authorized volunteers shall be named as Additional Insureds on Contractor’s and its subcontractors’ policies of Commercial General Liability and Automobile Liab ility insurance using, for Contractor’s policy/ies of Commercial General Liability insuran ce, ISO CG forms 20 10 and 20 37 (or endorsements providing the exact same coverage, inc luding completed operations), and, for subcontractors’ policies of Commercial General Liab ility insurance, ISO CG form 20 38 (or endorsements providing the exact same coverage). Notwithstanding the minimum limits set forth in this Contract for any type of insurance coverage , all available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as Additional Insureds hereunder. Contractor and its insurance carriers shall provide a Waiver of Subrogation in favor of those parties.

3.16.3.8 Contractor shall require all tiers of sub- contractors working under this Contract to provide the insurance required und er this Article unless otherwise agreed to in writing by Town. Contractor shall make certain that any and all subcontractors hired by Contractor are insured in accordance with this Contract. If any subcontractor’s coverage does not comply with the foregoing provisions, Contractor shall indemnif y and hold the Town harmless from any damage, loss, cost, or expense, including attorneys’ fees, incurred by the Town as a result thereof.

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3.17 Bond Requirements.

3.17.1 Payment Bond. If required by law or otherwi se specifically requested by Town in Exhibit “B” attached hereto and incorporate d herein by reference, Contractor shall execute and provide to Town concurrently with this Contract a Payment Bond in an amount required by the Town and in a form provided or approved by the Town. If such bond is required, no payment will be made to Contractor until the bon d has been received and approved by the Town.

3.17.2 Performance Bond. If specifically requested by Town in Exhibit “B” attached hereto and incorporated herein by referenc e, Contractor shall execute and provide to Town concurrently with this Contract a Performance Bond in an amount required by the Town and in a form provided or approved by the Town. If suc h bond is required, no payment will be made to Contractor until the bond has been received and approved by the Town.

3.17.3 Bond Provisions. Should, in Town’s sole opi nion, any bond become insufficient, or any surety be found to be unsatisf actory, Contractor shall renew or replace the effected bond within (ten) 10 days of receiving not ice from Town. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the Town, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original b onds. No further payments shall be deemed due or will be made under this Contract until any repla cement bonds required by this Section are accepted by the Town. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, the Contractor shall, upon reque st of the Town, cause the amount of the bond to be increased accordingly and shall promptly deli ver satisfactory evidence of such increase to the Town. To the extent available, the bonds shall further provide that no change or alteration of the Contract (including, without limitation, an inc rease in the Total Contract Price, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the Town may terminate the Contract for cause.

3.17.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Se ction 995.120, shall be accepted. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the Town.

3.18 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, the Contractor shall at all times follow all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed.

Safety precautions as applicable shall include, but shall not be limited to, adequate life protection

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and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employe es, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adeq uate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical docto rs practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.

3.19 Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorize d work which has not been removed and any non-conforming materials incorporated into the Work ) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materi als incorporated into the Work, whichever is later) after the date of final acceptance, Contract or shall within ten (10) days after being notified in writing by the Town of any defect in the Work or non-conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the Town in response to an emergency. In addition, Contractor shall, at it s sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or repla cing defective Work. For any Work so corrected, Contractor’s obligation hereunder to cor rect defective Work shall be reinstated for an additional one-year period, commencing with the dat e of acceptance of such corrected Work.

Contractor shall perform such tests as the Town may require verifying that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and mat erials necessary to gain access, shall be the sole responsibility of the Contractor. All warrant ies and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the Town, regardless of whether or not such warranties and guarantees have been transferred or assigned to the Town by separate agreement and Contractor agrees to enforce such warranties an d guarantees, if necessary, on behalf of the Town. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the Town, the Town shall have the right to correct and replace an y defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense.

Contractor shall be obligated to fully reimburse th e Town for any expenses incurred hereunder upon demand.

3.20 Laws and Regulations. Contractor shall keep i tself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give all

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notices required by law. Contractor shall be liabl e for all violations of such laws and regulations in connection with Work. If the Contractor observe s that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the Town in writing. Any necessary changes shall be made by written change o rder. If the Contractor performs any work knowing it to be contrary to such laws, rules and r egulations and without giving written notice to the Town, the Contractor shall be solely responsibl e for all costs arising therefrom. Contractor shall defend, indemnify and hold Town, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provi sions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.21 Permits and Licenses. Contractor shall be res ponsible for securing Town permits and licenses necessary to perform the Work described herein, including, but not limited to, a Town Business License. While Contractor will not be cha rged a fee for any Town permits, Contractor shall pay the Town’s applicable business license fee.

3.22 Trenching Work. If the Total Contract Price e xceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705. To this end, Contractor sh all submit for Town’s review and approval a detailed plan showing the design of shoring, bracin g, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring sys tem standards, the plan shall be prepared by a registered civil or structural engineer.

3.23 Hazardous Materials and Differing Conditions. As required by California Public Contract Code Section 7104, if this Contract involv es digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify Town of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent p hysical conditions at the site differing from those indicated by Town; and (3) unknown physical conditi ons of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, Town shall promptly investigate the conditions to determine whether a change order is appropriate.

In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute.

3.24 Underground Utility Facilities. To the extent required by Section 4215 of the California Government Code, Town shall compensate Contractor for the costs of: (1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay caused by failure of Town to provide for removal or

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relocation of such utility facilities.

3.25 Prevailing Wages.

3.25.1 Contractor is aware of the requirements of C alifornia Labor Code Sections 1720 et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq., (“Prevailing Wage Laws”), which require the p ayment of prevailing wage rates and the performance of other requirements on certain “publi c works” and “maintenance” projects.

Because the Work is being performed as part of an a pplicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and because the total compensation is $1,000 or more, Contractor agrees to fully comply with such P revailing Wage Laws. Town shall provide Contractor with a copy of the prevailing rates of p er diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to e xecute the Work available to interested parties upon request and shall post copies at the Contractor’s principal place of business and at the Project site. Contractor shall defend, indemnify and hold the Town, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.25.2 Because the Work is being performed as part of an applicable “public works” or “maintenance” project, in addition to the foregoing, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors must be registered with the Department of Industrial Relations (“DIR”). Contractor shall maintain registration for the duration of the Project and require the same of any subcontr actors. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Contractor’s sole responsibility to comply with all applicable registration and labo r compliance requirements, including the submission of payroll records directly to the DIR.

3.26 Apprenticeable Crafts. When Contractor employ s workmen in an apprenticeable craft or trade, Contractor shall comply with the pr ovisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works.

The primary responsibility for compliance with said Section for all apprenticeable occupations shall be with Contractor.

3.27 Hours of Work. Contractor is advised that eig ht (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the Califo rnia Labor Code, Contractor shall forfeit the statutorily authorized penalty per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker.

3.28 Payroll Records. In accordance with the requi rements of California Labor Code Section 1776, Contractor shall keep accurate payrol l records which are either on forms provided by the Division of Labor Standards Enforcement or w hich contain the same information required

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by such forms. Responsibility for compliance with California Labor Code Section 1776 shall rest solely with Contractor, and Contractor shall make a ll such records available for inspection at all reasonable hours.

3.29 Contractor’s Labor Certification. By its sign ature hereunder, Contractor certifies that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self- insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose, which is attached to this Contract as Exhibit “C” a nd incorporated herein by reference, shall be executed simultaneously with this Contract.

3.30 Labor and Material Releases. Contractor shall furnish Town with labor and material releases from all subcontractors performing work on, or furnishing materials for, the work governed by this Contract prior to final payment by Town.

3.31 Equal Opportunity Employment. Contractor repr esents that it is an equal opportunity employer and that it shall not discrimi nate against any employee or applicant for employment because of race, religion, color, nation al origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial emplo yment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

3.32 Anti-Trust Claims. This provision shall be ope rative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, the Contractor hereby offers and agrees to assign to the Town all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.

Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) ar ising from purchases of goods, services, or materials pursuant to the Contract. This assignmen t shall be made and become effective at the time the Town tender final payment to the Contracto r, without further acknowledgment by the Parties.

3.33 Notices. All notices hereunder and communicat ions regarding interpretation of the terms of the Contract or changes thereto shall be p rovided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:

Town Contractor
Town of Colma [___INSERT NAME___]
1198 El Camino Real [___INSERT ADDRESS___]
Colma, CA 94014 [___INSERT ADDRESS___]
Attn: Director of Public Works [___INSERT NAME___]
Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall

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be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.34 Entire Contract; Modification. This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may on ly be modified by a writing signed by both Parties.

3.35 Time of Essence. Time is of the essence in th e performance of this Contract.

3.36 Assignment Forbidden. Contractor shall not, e ither voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of Town. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, Town may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee.

3.37 Governing Law. This Contract shall be governe d by the laws of the State of California. Venue shall be in San Mateo County.

3.38 Counterparts. This Contract may be executed i n counterparts, each of which shall constitute an original.

3.39 Successors. The Parties do for themselves, the ir heirs, executors, administrators, successors, and assigns agree to the full performan ce of all of the provisions contained in this Contract.

3.40 [INTENTIONALLY OMITTED]

3.41 Claims of $375,000 or Less. Notwithstanding a ny other provision herein, claims of $375,000 or less shall be resolved pursuant to t he alternative dispute resolution procedures set forth in California Public Contract Code §§ 20104 et seq.

3.42 Prohibited Interests.

3.42.1 Solicitation. Contractor maintains and warr ants that it has not employed nor retained any company or person, other than a bo na fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other t han a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, Town shall have the right to terminate this Contract without liability.

3.42.2 Conflict of Interest. For the term of this Contract, no member, officer or employee of Town, during the term of his or her service with Town, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom.

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3.43 Certification of License. Contractor certifie s that as of the date of execution of this Contract, Contractor has a current contractor’s license of the classification indicated below under Contractor’s signature.

3.44 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Contr act, the language of this Contract shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays.

All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this C ontract. All references to Town include its officials, officers, employees, agents, and volunteers except as otherwise specified in this Contract.

The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Contract.

3.45 Waiver. No waiver of any default shall consti tute a waiver of any other default or breach, whether of the same or other cov enant or condition. No waiver, benefit, privilege, or service voluntarily given or performe d by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

3.46 No Third Party Beneficiaries. There are no in tended third party beneficiaries of any right or obligation assumed by the Parties.

3.47 Invalidity; Severability. If any portion of t his Contract is declared invalid, illegal, or otherwise unenforceable by a court of c ompetent jurisdiction, the remaining provisions shall continue in full force and effect.

3.48 Authority to Enter Contract. Contractor has a ll requisite power and authority to conduct its business and to execute, d eliver, and perform the Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right, and authority to make this Contract and bind each respective Party.

3.49 Exhibits and Recitals. All Exhibits and Recitals contained herein are hereby incorporated into this Contract by this reference.

IN WITNESS WHEREOF, each of the Parties has caused this Contract to be executed on the day and year first above written.

TOWN OF COLMA [INSERT CONTRACTOR’S NAME]
By: By:
[INSERT NAME ] [INSERT NAME]
[INSERT TITLE ] [INSERT TITLE]
Attest: Attest:

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By: By:

City Clerk [INSERT TITLE]

Classification of Contractor’s License
Approved as to Form:

By: _______________________________
Town Attorney

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EXHIBIT “A”

PLANS AND SPECIFICATIONS
The following plans and specifications are incorpor ated into this Contract herein by this reference:

Bid Forms
Technical Specification

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EXHIBIT “B”

B-1 Project Documents & Certifications. Contractor shall obtain and deliver concurrently herewith:
□ Bond for Faithful Performance of the Work on the f orm provided and in the sum of 100% of the contract price;
□ Bond for Labor and Materials Payment on the form p rovided and in the sum of 100% of the contract price;
□ Insurance Documents per specifications.

B-2 Special Conditions
“NOT APPLICABLE”

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PERFORMANCE BOND

KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the Town of Colma (hereinafter referred to as “Town”) has awarded to ____________________, (hereinafter referred to as t he “Contractor”) _______________________ an agreement for ______________________________ (hereinafter referred to as the “Project”).

WHEREAS, the work to be performed by the Contracto r is more particularly set forth in the Contract for the Project dated ________________, (h ereinafter referred to as “Contract”), the terms an d conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contra ct to perform the terms thereof and to furnish a bond for the faithful performance of said Contract.

NOW, THEREFORE, we, _______________, the undersig ned Contractor and _____________________________________________ as Su rety, a corporation organized and duly authorized to transact business under the laws of t he State of California, are held and firmly bound u nto the Town in the sum of ___________________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, s hall 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 alteration thereof made as therein provided, on its part, to be kept a nd performed at the time and in the manner therein specified, and in all respects according to their i ntent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the Town, its officers and agents, as stipulated in said Contract, 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 compl etion of the Contract, unless otherwise provided for in the Contract, the above obligation shall hol d good for a period of one (1) year after the accep tance of the work by Town, during which time if Contracto r shall fail to make full, complete, and satisfacto ry repair and replacements and totally protect the Tow n from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety s hall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder s hall continue so long as any obligation of Contract or remains. Nothing herein shall limit the Town’s righ ts or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15.

Whenever Contractor shall be, and is declared by t he Town to be, in default under the Contract, the Surety shall remedy the default pursuant to the Contract, or shall promptly, at the Town’s option:
(1) Take over and complete the Project in accordanc e with all terms and conditions in the

2022 F STREET PAVEMENT REHABILITATION PROJECT 68

Contract; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the Town, and make available as work progresses sufficient funds to pa y the cost of completion of the Project, less the balance of the contract price, including o ther costs and damages for which Surety may be liable. The term “balance of the contract p rice” as used in this paragraph shall mean the total amount payable to Contractor by the Town under the Contract and any modification thereto, less any amount previously pa id by the Town to the Contractor and any other set offs pursuant to the Contract.
(3) Permit the Town to complete the Project in any manner consistent with local, California and federal law and make available as work progress es sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the Town under the Contract and any modification thereto, less any amount previously paid by the Town to the Contractor and any other set offs pursuant to the Contract.

Surety expressly agrees that the Town may reject a ny contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the Tow n, when declaring the Contractor in default, notifi es Surety of the Town’s objection to Contractor’s further participation in the completion of the Project.

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 Project to be performed thereunder shall in any way affect its obligations on this bond, and it doe s hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Co ntract or to the Project, including but not limited to the provisions of Sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__).

(Corporate Seal)
Contractor/ Principal
By

Title

2022 F STREET PAVEMENT REHABILITATION PROJECT 69

(Corporate Seal) Surety
By
Attorney-in-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.
(Attach Attorney-in-Fact Certificate) Title

The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ______________________ _____________________ ___________________________________________
___________________________________________

(Name and Address of Agent or _____________________ ______________________ Representative for service of
process in California, if different _______________ ____________________________ from above)
___________________________________________
(Telephone number of Surety and ___________________ ________________________ Agent or Representative for service
of process in California)

NOTE: A copy of the Power-of-Attorney authorizing t he person signing on behalf of the Surety to do so must be attached hereto.

2022 F STREET PAVEMENT REHABILITATION PROJECT 70

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2022 F STREET PAVEMENT REHABILITATION PROJECT 71

Notary Acknowledgment
A notary public or other officer completing this ce rtificate verifies only the identity of the individual who si gned the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, __________________________ _____, Notary Public, personally

appeared , who proved to me on the basis of satisfactory

evidence to be the person(s) whose name(s) is/are s ubscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/th eir authorized capacity(ies), and that by his/her/t heir signature(s) on the instrument the person(s), or th e entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws o f the State of California that the foregoing paragr aph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law , it may prove valuable to persons relying on the d ocument and could prevent fraudulent removal and reattachme nt of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer

Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney -In -Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above

2022 F STREET PAVEMENT REHABILITATION PROJECT 72

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2022 F STREET PAVEMENT REHABILITATION PROJECT 73

PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS That

WHEREAS, the Town of Colma (hereinafter designated as the “Town”), by action taken or a resolution passed ___________ , 20____has awarded to ________________ hereinafter designated as the “Principal,” a contract for the work described as follows:
_____________________________________________________ (the “Project”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract for the Project dated __________________ (“Contract”), the terms and conditions of which are expressly incorporated by reference; and
WHEREAS, said Principal is required to furnish a b ond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be de ducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bo nd will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and _____________ _____________ as Surety, are held and firmly bound unto the Town in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, o ur heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if s aid Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts re quired to be deducted, withheld, and paid over to t he Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Secti on 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureti es will pay for the same, in an amount not exceedin g the sum herein above specified.

This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Suret y on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, spe cifications, or agreement pertaining or relating to any scheme or work of improvement herein above describe d, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by an y change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by

2022 F STREET PAVEMENT REHABILITATION PROJECT 74

any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contra ct or agreement or under the bond, nor by any fraud practiced by any person other than the claimant see king to recover on the bond and that this bond be construed most strongly against the Surety and in f avor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of con tract between the owner or Town and original contractor or on the part of any obligee named in s uch bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive noti ce of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of Sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By

Title

(Corporate Seal) Surety
By
Attorney-in-Fact
Title

Signatures of those signing for the Contractor and Surety must be notified and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto.

NOTE: A copy of the Power-of-Attorney authorizing t he person signing on behalf of the Surety to do so must be attached hereto.

2022 F STREET PAVEMENT REHABILITATION PROJECT 75

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, __________________________ _____, Notary Public, personally

appeared , who proved to me on the basis of satisfactory

I certify under PENALTY OF PERJURY under the laws o f the State of California that the foregoing paragr aph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer

Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney -In -Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above

2022 F STREET PAVEMENT REHABILITATION PROJECT 76

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2022 F STREET PAVEMENT REHABILITATION PROJECT 77

EXHIBIT “C”

CERTIFICATION
LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700 et seq . of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Work on this Contract.
[___INSERT CONTRACTOR’S NAME___]
By:
[___INSERT NAME___]
___________________________
[___INSERT TITLE___]

2022 F STREET PAVEMENT REHABILITATION PROJECT 78

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2022 F STREET PAVEMENT REHABILITATION PROJECT 79

SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR

PART 1 – GENERAL

Attention is directed to the provisions in Section 7, "Legal Relations and Responsibility to the Public," of the Standard Specifications and these special provisions related to the Contractor’s compliance with laws and responsibilities for public safety and convenience, indemnification, insurance, and liability.

1.01 INDEMNIFICATION

The Contractor has the entire responsibility for any and all injury to the public and to individuals; for all loss or damage arising from any obstructions or difficulties, either natural or artificial, which may be encountered in the project; for damage to pr operty resulting from the performance of the work under this contract; for damage from any action of the elements prior to the final acceptance of the work; for damage from any act or omission not authorized by this Specification on the part of the Contractor or any agent or person employed b y the Contractor. The Contractor expressly agrees to indemnify, defend, and hold the Town, its directors, officers, agents, volunteers, and employees, free and harmless from and against any a nd all loss, liability expense, claims, costs, suits, damages, including attorneys' fees, arising out of Contractor's operation or performance under this contract.

1.02 INSURANCE REQUIREMENTS

A. GENERAL

1. Bidder's attention is directed to the insurance req uirements below. It is highly recommended that bidders confer with their respecti ve insurance carriers or brokers to determine in advance of bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract.

2. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to proper ty which may arise from or in connection with the performance of the work hereund er by the Contractor, the Contractor's agents, representatives, employees, or subcontractors. The cost of such insurance shall be included in the Contractor's bid.

B. MINIMUM SCOPE OF INSURANCE

Coverage shall be at least as broad as:

1. Insurance Services Office form number GL 0002 (Ed. 1/73) covering Comprehensive General Liability and Insurance Services Office for m number GL 0404 covering

2022 F STREET PAVEMENT REHABILITATION PROJECT 80

Broad Form Comprehensive General Liability; or Insu rance Services Office Commercial General Liability coverage ("occurrence" form CG 0001).

2. Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025.

3. Worker's Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance.

C. MINIMUM LIMITS OF INSURANCE

Contractor shall maintain limits no less than:

1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage.

3. Workers' Compensation and Employers Liability: Wor kers’ compensation limits as required by the Labor Code of the State of Californ ia and Employers Liability limits of $1,000,000 per accident.

D. DEDUCTIBLES AND SELF-INSURED RETENTIONS

Any deductibles or self-insured retentions must be declared to and approved by the Town.

At the option of the Town, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Town, its o fficers, officials, agents, employees and volunteers; or the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

E. OTHER INSURANCE PROVISIONS

The policies are to contain, or be indorsed to contain, the following provisions:

1. General Liability and Automobile Liability Coverages

a. The Town, its officers, officials, agents, employee s and volunteers are to be covered as insured against liability for personal a nd bodily injuries, deaths or property damage or destruction arising in any respect, directly or indirectly, in the performance of the contract as respects: liability arising out of activities performed

2022 F STREET PAVEMENT REHABILITATION PROJECT 81

by or on behalf of the Contractor, products and com pleted operation of the Contractor, premises owned, occupied or used by the Contractor, or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Town, its officers, officials, employees or volunteers.

b. The Contractor's insurance coverage shall be primar y insurance as respects the Town, its officers, officials, employees and volunt eers. Any insurance or self- insurance maintained by the Town, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and s hall not be called upon to contribute to a loss.

c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Town, its officers, offici als, agents, employees or volunteers.

d. The Contractor's insurance shall apply separately t o each insured against whom claim is made or suit is brought, except with respe ct to the limits of the insurer's liability. Coverages afforded shall apply as though separate policies had been issued to each insured.

e. The policy does not exclude explosion, collapse, underground excavation hazards or removal of lateral support

2. Worker's Compensation and Employers Liability Coverage.

The policy shall include language stating specifically “all rights of subrogation against the Town, its officers, officials, agents, employees and volunteers when acting within the scope of their appointment or employment.”

3. All Coverages

Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the Town.

F. ACCEPTABILITY OF INSURERS

Insurance is to be placed with insurers with a Best's rating of no less than A:VII.

G. VERIFICATION OF COVERAGE

Contractor shall furnish the Town with certificates of insurance and with original

2022 F STREET PAVEMENT REHABILITATION PROJECT 82

endorsements effecting coverage required by this cl ause. The certificates and endorsements for each insurance policy are to be si gned by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms provided by the Town. Whereby statute, the Town’s workers’ compensation-related forms cannot be used, equivalent forms approved by the In surance Commissioner are to be substituted. All certificates and endorsements are to be received and approved by the Town before work commences. The Town reserves the right to require complete, certified copies of all required insurance policies, at any time. SUBCONTRACTORS

Contractor shall include all subcontractors as insu red under its policies or shall furnish separate certificates and endorsements for each sub contractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

H. PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS

A prime contractor or subcontractor shall pay any s ubcontractor not later than 10 days of receipt of each progress payment in accordance with the provision in Section 7108.5 of the California Business and Professions Code concerning prompt payment to subcontractors.

The 10 days is applicable unless a longer period is agreed to in writing. Any delay or postponement of payment over 30 days may take place only for good cause and with the agency’s prior written approval. Any violation of Section 7108.5 shall subject the violating contractor or subcontractor to the penalties, sanct ion and other remedies of that Section.

This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor.

I. PROMPT PAYMENT OF WITHHELD FUNDS TO SUBCONTRACTORS

The agency shall hold retainage from the prime cont ractor and shall make prompt and regular incremental acceptances of portions, as det ermined by the agency, of the contract work, and pay retainage to the prime contractor bas ed on these acceptances. The prime contractor, or subcontractor, shall return all moni es withheld in retention from a subcontractor within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency.

Federal law (49CFR26.29) requires that any delay or postponement of payment over 30 days may take place only for good cause and with the agency’s prior written approval. Any violation of this provision shall subject the viola ting prime contractor or subcontractor to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime contractor or subcontractor in the event of a dispute involvin g late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor.

END OF SECTION 7

2022 F STREET PAVEMENT REHABILITATION PROJECT 83

CERTIFICATE OF INSURANCE

2022 F STREET PAVEMENT REHABILITATION PROJECT

This certifies to the Town of Colma (The Agency) th at the following described policies have been issue d to the Insured named below and are in force at this time.

Insured: _____________________________________________________________________________________________ ________ Address: __________________________________________ ___________________________________________________ _______ Description of operations/locations/products insured (show contract name and/or number, if any):
__________________________________________________ ___________________________________________________ ______

POLICIES

AND INSURERS

LIMITS

POLICY
NUMBER

EXPIRA-
TION
DATE

Workers' Compensation

_____________________
(Name of Insurer)

Best's Rating_____

Employers
Liability $____________

Check policy type:

Comprehensive General Liability_________
or
Commercial General Liability________

_____________________
(Name of Insurer)

Best's Rating_____

Claims-Made_____ or Occurrence______

Comprehensive General Liability

Each Occurrences $_________
Aggregate $_________

Commercial General Liability

Each Occurrence $_________
General Aggregate either
per project/location $_________
or
twice occurrence limit $_________

Business Auto Policy

Liability Coverage Symbol___

_____________________
(Name of Insurer)

Best's Rating_____

Each Person Each Accident
$___________ $__________

Each Accident, Property Damage
$___________
or Combined Single Limit
$___________

Umbrella Liability
____________________
(Name of Insurer)

Best's Rating_____

Claims-Made_____ or Occurrence_______

Occurrence/
Aggregate $____________

Self-Insured Retention $____________

2022 F STREET PAVEMENT REHABILITATION PROJECT 84

Note: If commercial general liability insurance is used or if aggregate limits are endorsed to the com prehensive general liability policy form, the general aggregate must apply per location/project, or the aggregate limit must be at least twice the occurrence limit.

Return completed certificate to: City Clerk Office , Town of Colma, 1198 El Camino Real, Colma, CA 94014

ONLY THIS CERTIFICATE OF INSURANCE WILL BE ACCEPTE D

The following coverage or conditions are in effect:

Yes

No
The Agency, its officials, officers, employees and volunteers are named on all liability policies described above as insureds as respects: (a) activities performed for the Agency by or on behalf of th e named insured, (b) products and completed operation s of the Named Insured, and (c) premises owned, leased or used by the Named Insured.

Products and Completed Operations

The undersigned will mail to the Agency 30 days' wr itten notice of cancellation or reduction of coverage or limits.

Cross Liability Clause (or equivalent wording)

Personal Injury, Perils A, B, and C

Broad Form Property Damage

X, C, U Hazards included

Contractual Liability Coverage applying to this Con tract

Liquor Liability

Coverage afforded the Agency, its officials, office rs, employees and volunteers as Insureds applies as primary and not excess or contributing to any insur ance issued in the name of the Agency.

Waiver of subrogation from Workers' Compensation in surer.

This certificate is issued as a matter of informati on. This certificate is not an insurance policy an d does not amend, extend or alter the coverage afforded by the policies listed herein. N otwithstanding any requirement, term or condition o f any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies.

__________________________________________ ____________________________________ ______ Agency or Brokerage Insurance Company

___________________________________________ ______________________________________ ____ Address Home Office

___________________________________________ _______________________________________ ____ Name of Person to be Contacted Authorized Signa ture Date

______________________________
Telephone Number Note: Authorized signatures ma y be the agent's if agent has placed insurance through
an agency agreement with the insurer. If ins urance is brokered, authorized signature
must be that of official of insurer.

2022 F STREET PAVEMENT REHABILITATION PROJECT 85

GENERAL LIABILITY ENDORSEMENT
2022 F STREET PAVEMENT REHABILITATION PROJECT

TOWN OF COLMA, CALIFORNIA
("The Agency")
City Clerk Office , Town of Colma, 1198 El Camino Real, Colma, CA 94014

A. POLICY INFORMATION Endorsement
#____________

1. Insurance Company_______________________________ ; Policy Number__________________

2. Policy Term (From)_________ (To)__________; Endo rsement Effective Date_______________

3. Named Insured___________________________________ ______________________________

4. Address of Named Insured________________________ ________________________________

5. Limit of Liability Any One Occurrence/Aggregate $__________________/__________________ General Liability Aggregate (check one):

Applies "per location/project" _____________
Is twice the occurrence limit ______________

6. Deductible or Self-Insured Retention (Nil unless otherwise specified):
$____________________________

7. Coverage is equivalent to:

Comprehensive General Liability form GL0002 (Ed 1/7 3) _______________ Commercial General Liability "occurrence" form CG00 01_______________ Commercial General Liability "claims-made" form CG0 002 _____________

8. Bodily Injury and Property Damage Coverage is:
____________________ "claims-made"
____________________ "occurrence"
If claims-made, the retroactive date is ___________ __________

Note: The Agency's standard insurance requirements specify "occurrence" coverage. "Claims-made" coverage requires special approval. If commercial general liability form or equivalent is used, the g eneral aggregate must apply separately to this location/project or the general aggregate must be twice the occurrence limit.
___________________________________________________ ____________________________________

B. POLICY AMENDMENTS

This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement i s attached or any other endorsement attached theret o, it is agreed as follows:

1. INSURED: The Agency, its elected or appointed o fficers, officials, employees and volunteers are included as insureds with regard to damages and def ense of claims arising from: (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, or (c) premises owned, leased or use d by the Named Insured.

2022 F STREET PAVEMENT REHABILITATION PROJECT 86

2. CONTRIBUTION NOT REQUIRED. As respects: (a) wor k performed by the Named Insured for or on behalf of the Agency; or (b) products sold by the Named Insured to the Agency; or (c) premises leased by the Named Insured from the Agency, the insurance afforded by this policy shall be primary insurance as respects the Agency, its elected or ap pointed officers, officials, employees or volunteers; or stand in an unbroken chain of covera ge excess of the Named Insured's scheduled underlying primary coverage. In either event, any other insurance maintained by the Agency, its elected or appointed officers, officials, employees or volunteers shall be in excess of this insurance and shall not contribute with it.

3. SCOPE OF COVERAGE. This policy, if primary, aff ords coverage at least as broad as:

(1) Insurance Services Office form number GL 0002 ( Ed. 1/73), Comprehensive General Liability Insurance and Insurance Services Office f orm number GL 0404 Broad Form Comprehensive General Liability endorsement; or

(2) Insurance Services Office Commercial General Li ability Coverage, "occurrence" form CG 0001 or "claims-made" form CG 0002; or

(3) If excess, affords coverage which is at least a s broad as the primary insurance forms referenced in the preceding sections (1) and (2).

4. SEVERABILITY OF INTEREST. The insurance afforde d by this policy applies separately to each insured who is seeking coverage or against whom a c laim is made, or a suit is brought, except with respects to the Company's limit of liability.

5. PROVISIONS REGARDING THE INSURED'S DUTIES AFTER ACCIDENT OR LOSS. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the Agency, its elected or appointed officers, officials, employees or volunteers.

6. CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except a fter thirty (30) days' prior written notice by certified mail return receipt requested has been given to the Agency. Such notice shall be addressed as shown in the heading of this endorsement.

C. INCIDENT AND CLAIM REPORTING PROCEDURE

Incidents and claims are to be reported to the insu rer at:

ATTN: ____________________________________
(Title) (Department)
____________________________________
(Company)
____________________________________
(Street Address)
____________________________________
(Town) (State) (Zip Code)
(____)______________________________
(Telephone Number)

2022 F STREET PAVEMENT REHABILITATION PROJECT 87

D. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE O F THE INSURER

I, ________________________________ (print/type name), warrant that I have authority to bind the below listed insurance company and by my signature hereon do so bind this company.

___________________________________________________ _____________ __
SIGNATURE OF AUTHORIZED REPRESENTATIVE (original si gnature required on endorsement furnished to the Agency)

ORGANIZATION: _____________________________________ __ TITLE:____________________________

ADDRESS: __________________________________________ __TELEPHONE:(___)___________________

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WORKERS' COMPENSATION/EMPLOYER'S LIABILITY ENDORSEMENT
2016 STREET MAINTENANCE PROJECT

City Clerk Office , Town of Colma, 1198 El Camino Real, Colma, CA 94014

A. POLICY INFORMATION Endorsement #_____________

1. Insurance Company_______________________________ __________ ("the Company") Policy Number____________________________

2. Effective Date of This Endorsement ___________

3. Named
Insured_____________________________________________________________

4. Employer's Liability Limit (Coverage B)
_________________________________________
B. POLICY AMENDMENTS
In consideration of the policy premium and notwiths tanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows:

1. Cancellation Notice. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail return receipt requested has been given to the Agency. Such notice shall be addressed as shown in the heading of this endorsement.

2. Waiver of Subrogation . The Insurance Company agrees to waive all rights of subrogation against the Agency, its elected or appointed office rs, officials, agents and employees for losses paid under the terms of this policy which arise from work performed by the Named Insured for the Agency.

C. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER

I, ________________________________ (print/type name), warrant that I have authority to bind the below listed insurance company and by my signature hereon do so bind this company.

__________________________________________________ ________________ SIGNATURE OF AUTHORIZED REPRESENTATIVE (original
signature
required on endorsement furnished to the Agency)

ORGANIZATION: _______________________________________ TITLE:_______________________

ADDRESS: ____________________________________________ TELEPHONE: (___)_____________

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HOLD HARMLESS AND INDEMNIFICATION AGREEMENT

The Contractor shall save, keep and hold harmless t he Town of Colma (Agency), its officers, agents, employees and volunteers from all damages, costs or expenses in law or equity that may at any time arise or be set up because of damages to p roperty or personal injury received by reason of or in the course of performing work which may be occasioned by any willful or negligent act or omissions of the Contractor, any of the Contractor's employees, or any subcontractor. The Agency will not be held liable for any accident, loss or d amage to the work prior to its completion and acceptance.

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SECTION 15 – SUBMITTALS

PART 1 – GENERAL

Attention is directed to the provisions in Section 5-1.23 of the Standard Specifications and these special provisions related to the Contractor’s responsibility for submittals.

1.01 DESCRIPTION

A. Work Included:

1. General: Submit samples, drawings, Certificates of Compliance and data for the Engineer's approval which will demonstrate fully that the construction, the materials and equipment to be furnished will comply with the provisions and intent of these specifications.

2. Specific items to be covered by the submittal shall include, as a minimum, the following:

a. Brochures, manuals, and test data on equipment prop osed to be furnished.

b. Manufacturers Certificates of Compliance.

c. Samples.

d. Substitutions.

B. Number of Copies Required:

Unless specified otherwise, the Contractor shall su bmit the original and an electronic copy of each submittal to be retained by the Engineer, plus the number of copies to be returned to the Contractor.

1.02 MANUFACTURERS' INSTALLATION INSTRUCTIONS

Where the specifications indicate that the Contract or must follow manufacturers' instructions for installation of materials or equipment, those instructions shall be submitted to the Town prior to the start of work whether or n ot instructions are listed specifically as a submittal. When referenced, the manufacturers pr inted installation instructions shall have the same effect as if printed in the contract documents.

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PART 2 - PRODUCTS

2.01 SHOP DRAWINGS

A. Scale Required:

Unless otherwise specifically directed by the Engin eer, make all shop drawings accurately to a scale sufficiently large to show all pertinent features of the item and its method of connection to the work.

B. Type of Prints Required:

Unless otherwise specifically directed by the Engin eer, make all shop drawing prints in blue or black line on white background. Reproductions of Town drawings are not acceptable.

2.02 SAMPLES

A. Number of Samples Required:

Submit all samples, unless specified otherwise, in the quantity you wish returned, plus two, which will be retained by the Engineer. Label each sample, naming the project, the source of the material, and the proposed location of use on the project.

2.03 OPERATING AND MAINTENANCE INSTRUCTIONS

The Contractor shall furnish and deliver to the Tow n three (3) copies of operating and maintenance instructions and parts lists for all me chanical and electrical equipment furnished on the project. These instructions shall be suitably bound in labeled and indexed ring binders. No progress payment in excess of eig hty percent (80%) of the Contract amount shall be made until all such instructions have been received from the Contractor.

2.04 SUBSTITUTIONS

Engineer's Approval Required:

1. The contract is based on the materials, equipment, and methods described in the contract documents. Any proposed substituti ons by the Contractor are subject to the Engineer's approval.

2. The Engineer will consider bids for substitution of materials, equipment, and methods only when such bids are accompanied by full and complete technical data, and all other information required by the Engineer to evaluate the proposed substitution.

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3. Requests for substitutions shall be accompanied by a cover letter stating the reason for the substitution and any cost difference between the specified and proposed material.

4. Any deviations from the Bid Documents shall be clea rly identified on the submittal.

2.05 CERTIFICATES OF COMPLIANCE

Per Section 11.07, “Certificates of Compliance,” o f the Town Standard Specifications.

PART 3 - EXECUTION

3.01 IDENTIFICATION OF SUBMITTALS

A. Completely identify each submittal and resubmittal by using the sample form attached at the end of this Section.

B. All submittals shall be certified by the Contractor for completeness and for compliance with the contract documents.

3.02 COORDINATION OF SUBMITTALS

A. General:

1. Prior to submittal for Engineer's review, use all m eans necessary to fully coordinate all materials, including the following procedures:

a. Determine and verify all field dimensions and conditions, materials, catalog numbers, and similar data.

b. Coordinate as required with all trades and with all public agencies involved.

c. Secure all necessary approvals from public agencies and others and signify by stamp, or other means, that they have been secured.

B. Grouping of Submittals:

Unless otherwise specifically permitted by the Engi neer, make all submittals in groups containing all associated items for complete systems. The Engineer may reject partial submittals as not complying with the provisions of the contract documents.

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3.03 TIMING OF SUBMITTALS

A. General:

1. Make all submittals far enough in advance of scheduled dates of installation to provide required time for reviews, for securing necessary approvals, for possible revision and resubmittal, and for placing orders and securing delivery.

2. In scheduling, allow at least seven (7) calendar da ys for the Engineer's review, plus the transit time to and from the Town office.

3. Conform to the requirements of individual sections.

3.04 REVIEWS BY THE TOWN

A. One copy of each submittal will be returned to the Contractor marked "Reviewed, no exceptions noted," "Reviewed, exceptions noted," Or "Rejected."

B. Submittals marked "Reviewed, exceptions noted" need not be resubmitted, but the notes shall be followed.

C. If a submittal is rejected, it will be marked to indicate what is unsatisfactory.

D. Resubmit revised drawings or data as indicated, in number of copies specified above.

E. Review of each submittal by the Engineer will be ge neral only and shall not be construed as:

1. Permitting any departure from the contract requirements.

2. Relieving the Contractor of the responsibility for any errors and omissions in details, dimensions, or of other nature that may exist.

3. Approving departures from additional details or ins tructions previously furnished by the Engineer.

4. Relieving the Contractor from verifying all field conditions and dimensions.

3.05 COSTS FOR REJECTED SUBMITTALS

Any submittals which are "returned for correction" due to incompleteness or noncompliance more than once will cause additional review time and expense for the Town. The Contractor shall reimburse the Town for all costs associated with the third and subsequent review of any submittals. The Town rese rves the right to deduct resubmitted review costs from amounts due the Contractor.

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3.06 LIST OF SUBMITTALS

A. Public Notice
B. Traffic Control Plan
C. Project Schedule
D. Crack Seal
E. Cold-plaining (CP) Plan
F. Asphalt Concrete
G. Tack Coat
H. Pavement Markings

END OF SECTION 15

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SAMPLE FORM

- SUBMITTAL -

(Contractor's Letterhead)
___________________(Date)

Town of Colma
Public Works Department
1198 El Camino Real
Colma, CA 94014

Attention: Project Engineer

Project:

Submittal No. ( )

(Allow space for Town stamp)

The following item is submitted for review:

Item: Specification Section Ref:

Drawing Sheet, No(s) Ref:

I hereby certify that all material submitted has been checked for completeness, for correctness, and for compliance with the drawings and specifications , that field dimensions and conditions have been verified, and that exceptions, if any, are clearly noted.

(Authorized Signature)

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TECHNICAL PROVISIONS

SECTION 100 - MOBILIZATION

PART 1 – GENERAL

Attention is directed to the provisions in Section 9-1.16, "Mobilization," of the Standard Specifications and these technical provisions related to mobilization.

1.01 WORK INCLUDED

A. Mobilization shall consist of preparatory work and operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidentals to the project site; for the establishment of all offices, buildings and other facilities necessary for work on the project; and for all other work and operations which must be performed, or costs incurred prior to beginning work on the various Contract items.

B. Contractor is advised that there may be insufficien t area within the construction zone to provide parking, staging for material and storage of equipment.

PART 2 – [RESERVED]

PART 3 – [RESERVED]

PART 4 - MEASUREMENT AND PAYMENT

Bid Item 1

Compensation for Mobilization, as specified herein and in the Standard Specifications, and as directed by the Engineer shall be paid by lump s um. The Contract lump sum price for Mobilization should not exceed five percent (5%) of the total base bid contract price. Any amount bid on the bid schedule in excess of five pe rcent (5%) shall be withheld from payment until the completion of project, to be paid as part of the final payment.

END OF SECTION 100

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SECTION 101 - TRAFFIC CONTROL

PART 1 – GENERAL

Attention is directed to the provisions in Section 7 and 12 of the Standard Specifications and these technical provisions related to Public Safety, Public Convenience, and Temporary Traffic Control.

1.01 WORK INCLUDED

A. At all times, provide safe and adequate passage for vehicular and pedestrian traffic through, around and adjacent to all construction operations by use of detours, bridging, backfilling, paving, traffic barriers or other favorably reviewed means.

B. Establish and maintain detours and conduct construc tion operations in such a manner as to minimize hazard, inconvenience, and disruption to the public.

C. Equally direct traffic control to the regulation an d protection of pedestrian traffic including pedestrians, bicyclists, joggers, skaters, skateboarders, etc.

D. Contractor shall always provide protection for pedestrians and separation of pedestrians from construction operations.

E. Direct, divert and detour traffic through, around a nd adjacent to construction operations in accordance with the traffic control plans as specif ied herein or in accordance with Traffic Control Plans approved by the Engineer. The Contractor may revise the Traffic Control Plan as necessary only with the Engineer’s approval.

F. Attention is directed to Sections 7-1.08, "Public C onvenience", 7-1.09, "Public Safety", and 12-2.02. "Flagging Costs", of the Standard Specifications and these technical provisions. The first paragraph of Section 12-2.02, "Flagging Costs", shall not apply. In connection with said sections, it is understood that all lights, signs b arricades, flagmen or other necessary devices shall be furnished and maintained by the Contractor at his own expense.

G. Public notification

1. Contractor shall post notice along the streets where work will be done and notifying residents by hand-delivered mail. All shall be d one 3 working days prior to commencement of work.

2. Contractor shall notify Colma Public Works, Police, and Fire Department, and Utility Companies that have underground facilities within t he limits of work at least 2 working days prior to commencement of work.

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1.02 REFERENCES, CODES, AND STANDARDS

A. Standard Plans and Specifications, California Depar tment of Transportation, 2010 edition, unless noted otherwise.

B. California Manual on Uniform Traffic Controls (CA M UTCD), California Department of Transportation, latest edition, unless noted otherwise.

1.03 SUBMITTALS

A. Traffic Control and Construction Staging Plans:

1. Submit at least 15 working days prior to start of w ork a traffic control plan and a construction staging plan for review by the Enginee r which conforms to all requirements of these Specifications. Include circ ulation, traffic control signs, pedestrian and bicycle access, striping, safety devices, lane closures, detours, parking prohibitions, etc.

2. No work affected by lane closures, detours and/or p arking prohibitions shall begin until written permission is received from the Engineer.

3. Traffic control plans shall conform to the State St andard Specification and CA MUTCD for "Temporary Traffic Control”.

1.04 JOB CONDITIONS

A. The following general job conditions apply to th e project:

1. Provide access to all residences and businesses whe never possible throughout the project. Notify property owners 72 hours in advance, and again 24 hrs. in advance, of work that will interrupt use of driveways or other frontage improvements.

2. Street closures will not be permitted without written approval of the Engineer.

3. Orange traffic cones and barricades as appropriate shall be used to mark traffic lanes whenever vehicles are restricted from using the normal traffic lanes on a street.

4. Street parking may be restricted as necessary to facilitate construction activity. Notify property owners of parking restrictions 72 hours in advance.

5. Whenever the Contractor’s operations create a condition hazardous to traffic, or to the public, the Contractor shall take the necessary pre cautions and provide adequate means to protect those who must pass through or ove r the work. If the Contractor shall appear to be neglectful or negligent in provi ding such warning or protective

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measures, the Engineer may direct attention to the existence of a hazard, and require that necessary barricades, warning signs, lights or flagmen be installed by the Contractor. Any action by the Engineer as provided herein shall not relieve the Contractor from responsibility for public safety.

PART 2 - PRODUCTS

2.01 TRAFFIC CONTROL DEVICES

A. Traffic signs, flashing lights, lighted arrow boards, barricades and other traffic safety devices used to control traffic shall conform to the requir ements of Section 12, "Construction Area Traffic Control Devices," and Section 7, "Legal Relations and Responsibility," of the Standard Specifications.

B. Flashers shall be provided on each barricade, Secti on 360, California Vehicle Code, defines highway to include streets.

C. The Contractor shall install temporary pavement mar kings (floppies) in areas where existing pavement markings are damaged or removed during construction.

PART 3 - EXECUTION

3.01 GENERAL

A. Traffic shall be permitted to pass through designated traffic lanes with as little inconvenience and delay as possible.

B. When traffic cones or delineators are used to define a temporary edge of traffic lane, the edges of the cones or delineators adjacent to traffic sha ll be considered to be the edge of the traffic lane and a minimum lane width of eleven (11) feet s hall be maintained unless otherwise approved by the Engineer.

C. Convenient access to driveways and buildings in the vicinity of work shall be maintained as much as possible. Temporary approaches to, and cro ssing of, intersecting traffic lanes shall be provided and kept in good condition.

D. When leaving a work area and entering a roadway car rying public traffic, the Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic.

E. If any component in the traffic control system is d amaged, displaced or ceases to operate or function as specified, from any cause, during the p rogress of the work, the Contractor shall

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immediately repair or replace said component to its original condition and reinstall the component in its original location.

F. During construction the Contractor shall furnish an d place sufficient barricades and detour signs at all cross streets to protect new pavement surfaces and markings and to safely direct traffic around the work area.

G. Whenever the Contractor's operations create a condition hazardous to traffic or to the public, the Contractor shall take the necessary precautions and provide additional traffic control measures to protect those who must pass through the work. If the Contractor shall appear to be neglectful or negligent in providing warning or protective measures, the Engineer may direct attention to the existence of a hazard, and require that additional barricades, flashers, warning and detour signs or lights be installed by the Contractor, or additional flaggers provided at no additional cost to the Town. Any ac tion or lack of action by the Engineer as provided herein shall not relieve the Contractor from responsibility for public safety.

H. Personal vehicles of the Contractor’s employees sha ll not be parked on the traveled way or shoulders of roadways open to the public.

I. The Contractor shall submit to the Engineer for app roval a detailed plan for maintaining bicycle and pedestrian access through and past all work locations at all times. The designated pedestrian and/or bicycle paths shall be continuous and street crossings, where required and approved, shall be clearly marked and delineated.

3.02 LANE CLOSURES AND DETOURS

A. During the hours of 7:00 a.m. and 5:00 p.m., no mor e than one-half (½) of the roadway shall be closed to traffic at any time, and one traffic l ane shall be maintained in each direction unless prior written approval is obtained from the Town.

B. Outside the hours of 7:00 a.m. and 5:00 p.m. and when no work is being performed, all lanes of traffic shall be opened for use.

C. When ordered by the Engineer, the Contractor shall furnish flagmen for the purpose of expediting the safe passage of public traffic throu gh the work under one-way controls. At locations where traffic is being routed through construction under one-way controls and when ordered by the Engineer, the movement of the Contractor’s equipment from one portion of the work to another shall be governed in accordance with such one-way controls.

D. During paving operations, the Contractor shall furn ish and place sufficient barricades at all cross streets to protect new surfaces from traffic until sufficiently cooled as well as placing "Detour" signs as necessary to clearly delineate detour routes for all impassable intersections.

Construction operations shall be conducted in such a manner as to cause as little

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inconvenience as possible to abutting property owne rs and the motoring public. Convenient access to any driveways, houses and buildings along the line of work shall be maintained at all times.

E. Upon completion of work on a lane, and during any time the Contractor’s operations are shut down by breakdown, or other causes, and during any period when work is not permitted in traffic lanes, the Contractor’s equipment shall be immediately and entirely withdrawn from the traveled way, and public traffic shall be allowed the use of a minimum of two traffic lanes.

F. Open excavations and trenches shall be adequately covered when no work is being performed.

G. Changes to these requirements shall only be allowed when approved in writing by the Engineer.

3.03 TRUCK ROUTES

A. All vehicles exceeding 12,000 pounds gross weight h auling materials to the job site shall follow established truck route streets to the close st point of the job site unless directed otherwise by the Engineer.

3.04 NO PARKING SIGNS

A. “No Parking” signs shall be posted a minimum of 72 hours in advance of the parking restriction.

B. The date and time of parking restrictions shall be clearly posted on “No Parking” signs. “No Parking” signs shall be provided by the Contractor. Contractor shall monitor and keep current all sign placements and sign removals to coincide with actual construction operations. Should the construction work not occur on the specified da y, new “No Parking – Tow Away” signs shall be posted by the Contractor indicating a revised date.

PART 4 - MEASUREMENT AND PAYMENT

Bid Item 2

Compensation for Traffic Control, as specified herein and in the Standard Specifications, and as directed by the Engineer shall include all neces sary public notification, submittals, implementation, and maintenance of the approved tra ffic control plans, for all work in construction zones throughout the duration of the project.

Payment for complying with the provisions of this Section shall be by lump sum and paid on a percentage of completion of other items of work.

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END OF SECTION 101

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SECTION 102 - COLD PLANING ASPHALT CONCRETE PAVEMENT

PART 1 - GENERAL

Attention is directed to the provisions in Section 39-3.04, “Cold Planing Asphalt Concrete Pavement,” of the Standard Specifications and these technical provisions related to cold planing, removal, and disposal of asphalt concrete pavement.

1.01 WORK INCLUDED

A. This section consists of specifications for cold planning (CP)/milling a portion of the existing asphalt concrete (AC) pavement with or without pavement fabric to the depth, length, and width as shown on the plans.

B. The depth of cold planning (CP) shall be 2 inches or as indicted on the plans.

C. It also includes the removal of wheel ruts and other surface irregularities, pavement markers, traffic stripes, and pavement markings within the area of cold planning to provide a smooth pavement surface for overlay.

D. The milled surface shall provide a texture suitable for use as a temporary riding surface or an immediate overlay. When the milled pavement is used as a temporary or permanent riding surface, the roadway shall be left in a usable condition at the end of each workday. The Contractor shall take appropriate measures to ensure that the milled surface does not trap or hold water.

1.02 REFERENCES

Standard Plans and Specifications, California Department of Transportation, 2010 edition, unless noted otherwise.

1.03 SUBMITTALS

A. Prior to beginning CP operations, the Contractor sh all submit a CP Plan for review by the Engineer. The CP Plan shall include the following.

1. The number, types and sizes of cold planers (milling machines) to be used.

2. The proposed use of grade controls for both longitudinal and transverse.

3. The width and location of each planing pass.

2. The number and types of brooms to be used and their locations with respect to planers.

3. The proposed method for planing and wedging around existing structures such as manholes, value boxes, and inlets.

4. The longitudinal and transverse typical sections for tie-ins at the end of the day

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PART 2 – PRODUCTS

Temporary tapers must be of the same quality that is used for the AC overlay or comply with the specifications for minor HMA in Section 39-2.07 of the Standard Specifications.

PART 3 – EXECUTION

3.01 GENERAL

A. Contractor shall notify Engineer (in writing) at least 48 hours prior to milling. Work shall not proceed until Engineer has approved the schedule.

B. Contractor shall schedule work to minimize length of time traffic is on cold planed roadway surface. The time between the pavement is cold planed and the new AC is placed shall not exceed ten (10) working days.

C. When working at signalized intersections where the traffic signal detector loops may be affected by the work, the Contractor must notify the Engineer at least 72 hours prior to start of work in that area.

D. Take precautions to ensure that the adjacent lip of gutter is not damaged during the cold planing operation. Replace any portion of the adjacent gutter that is damaged in conformance with Town Standards prior to placing the final asphaltic concrete surfacing.

E. The Contractor is responsible for cold plaining around utilities and curb returns, by hand, if necessary.

F. The material cold planed from the roadway surface, including material deposited in existing gutters or on the adjacent traveled way, shall be immediately removed from the site of the work and disposed of, unless otherwise directed by the Engineer. All material removed by cold plaining, including pavement fabric (if present), shall be cleaned up and legally disposed.

Recycling of the material shall comply with the Town’s recycling ordinance. The Contractor shall notify the Engineer immediately upon discovering pavement fabric and anytime that the limits of the fabric are reached so that the Engineer can measure limits properly.

G. Removal of thermoplastic stripes and markings is required prior to asphalt milling.

H. Immediately sweep and clean all loose materials after cold milling. Load all milled materials directly into trucks, stockpiling of materials for any time length is not allowed. The use of "transfer trucks" to transport (off haul) milled material is prohibited.

3.02 EQUIPMENT

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A. Cold Planing Machine shall be:

1. Equipped with a cutter head width that matches the plaining width unless a wider cutter head is authorized.

2. Equipped with automatic controls for the longitu dinal grade and transverse slope of the cutter head and:

a. If a ski device is used, it must be at least 30 feet long, rigid, and a 1-piece unit.

The entire length must be used in activating the sensor.

b. If referencing from existing pavement, the cold plaining machine must be controlled by a self- contained grade reference system. The system must be used at or near the centerline of the roadway. On the adjacent pass with the cold plaining machine, a joint-matching shoe may be used.

3. Equipped to effectively control dust generated b y the plaining operation.

4. Operated such that no fumes or smoke is produced.

5. Replaced with new cutting teeth as necessary to provide uniform depth of cut.

3.03 GRADE CONTROL AND SURFACE SMOOTHNESS

A. Install and maintain grade and transverse slope references. Adjust the planed depth up to ± 0.03 foot from the depth shown to achieve uniform pavement profile, cross slope, and surface smoothness.

B. The average cold planed depth must be equal to or greater than the depth shown. The final cut must result in a neat and uniform surface.

C. The completed surface of the planed pavement must not vary more than 0.02 foot when measured with a 12-foot straightedge parallel with the centerline. With the straightedge at right angles to the centerline, the transverse slope of the planed surface must not vary more than 0.03 foot.

D. If encountering delamination during plaining operations, notify the Engineer immediately. If authorized, adjust the planed depth up to ± 0.05 foot to eliminate delamination. Authorized work beyond the ± 0.05-foot range or other authorized mitigation work is change order work.

E. Where lanes are open to traffic, the drop-off of between adjacent lanes must not be more than

0.15 foot.

3.04 REMOVAL OF COLD PLANED MATERIAL

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Remove cold planed material concurrently with plaining activities such that the removal does not lag more than 50 feet behind the planer.

3.05 TEMPORARY HMA TAPERS

A. Place temporary asphaltic concrete ramps immediately after milling at intersections, drive approaches, curb ramps, crosswalks, gutters, or other similar structures until the final paving is placed. Ramps are required for all drop offs greater than one-tenth of a foot (0.1’) and is to occur immediately after the cold plaining. Always provide and maintain access to residences and commercial driveways. The slope of the temporary ramps must not exceed 6 (Horizontal) to 1 (Vertical).

B. If placing the HMA surfacing is not complete before opening the area to traffic, contractor must:

1. Construct a temporary HMA taper to the level of the existing pavement.

2. Place HMA during the next work shift.

3. Submit a corrective action plan that shows the complete cold plaining and placement of HMA in the same work shift. Do not restart cold plaining activities until the corrective action plan is authorized.

C. If a drop-off between the existing pavement and the planed area at transverse joints cannot be avoided before opening to traffic, construct a temporary HMA taper.

D. Completely remove temporary tapers before placing permanent surfacing.

3.06 ROADWAY EXCAVATION

A. This work includes excavating existing asphalt concrete pavement, base and/or sub-base materials to the depth specified in the plan.

B. Conform to the requirements of Section 19, "Earthwork", of the Caltrans Standard Specifications.

C. All excavated material shall be loaded for off-haul from the site as it is generated. Material will not be allowed to accumulate within the right-of-way.

D. The aggregate base shall be prepared by compacting to a relative compaction of not less than ninety-five (95) percent for a minimum depth of zero point five (0.5) feet below the grading plane (sub-grade plane) for a total width of the area to be paved.

E. Existing asphalt concrete sections to be removed shall be neatly saw cut and the vertical edges of the pavement shall be neatly trimmed. All debris shall be removed.

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PART 4 - MEASUREMENT AND PAYMENT

Bid Item 5

The bid item shall be measured on a per square yard basis based on the actual area of cold-plaining of the roadway surface.

It shall include full compensation for furnishing a ll labor, materials, equipment, and incidentals for doing all the work associated with this Section , including, but not limited to surface preparation, milling, grinding, removal and disposa l of asphalt concrete including paving fabric and/or sub-grade materials, installation of tempora ry asphalt concrete ramps at conform and crosswalks, sweeping, and complete-in-place, as sho wn on the plans, as specified in these specifications, and as directed by the Engineer, and no additional compensation will be allowed therefore.

END OF SECTION 102

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SECTION 103 – CRACK SEAL

PART 1 - GENERAL

Attention is directed to the provisions in Section 37, “Bituminous Seals,” of the Standard Specifications and these technical provisions for treating cracks in asphalt concrete pavement.

1.01 WORK INCLUDED

Work covered by this section includes the cleaning and sealing of cracks within all areas of the project scope after cold plaining operation. Cracks ¼-inch to 1-inch in width shall be sealed with asphalt rubber crack seal material. Cracks or “pop-outs” of existing asphalt that are greater than 1-inch in width shall be sealed with Type A, 3/8-inch maximum asphalt concrete cement.

1.02 REFERENCES

A. Standard Plans and Specifications, California Department of Transportation, 2010 edition, unless noted otherwise.

B. American Association of State Highway and Transportation Officials, Standard Specifications, latest edition.

1.03 SUBMITTALS

Contractor shall submit certificates from suppliers stating compliance of materials with the requirements of this section.

PART 2 - PRODUCTS

2.01 HOT APPLIED SEALANT (For cracks less than 1”)

A. Crack seal material shall consist of a single component, hot-applied, elastically modified asphalt composition specifically produced for effective pavement maintenance joint sealing. The asphalt to be used shall have a maximum penetration of 150 when tested in accordance with procedure outlined by the American Association of State Highway Officials.

B. The granulated crumb rubber (100 percent vulcanized) shall meet the following requirements:

Passing Sieve Percent
No. 8 100
No. 10 98-100
No. 40 0-100

The sieves shall comply with the requirements of AASHTO 92.

2022 F STREET PAVEMENT REHABILITATION PROJECT 115

C. The specific gravity of the granulated crumb rubber shall be 1.15 + 0.02 and shall be free of fabric, wire or other contaminating materials, except that up to four percent of calcium carbonate may be included to prevent particles from sticking together.

D. The proportions of the two materials by weight shal l be 75 percent +2 percent asphalt and 25 percent +2 percent rubber.

E. The materials shall be packed in approximately 60-p ound boxes with a polyethylene liner. The boxes shall be placed on pallets and covered with a weather resistant covering.

2.02 ASPHALT CONCRETE MIX (For cracks larger than 1 ” and not in dig-out area)

A. The asphalt to be used shall have a maximum penetration of 150 when tested in accordance with procedure outlined by the American Association of State Highway Officials.

B. Mineral aggregate material for asphalt concrete for sealing cracks larger than 1-inch shall be Type A, 3/8-inch maximum, medium graded aggregate, conforming to Section 39, “Hot Mix Asphalt”, of the 2010 State Standard Specifications.

PART 3 - EXECUTION

3.01 GENERAL

A. Prior to crack seal operations, Contractor shall remove all debris and organic materials within the limits to be crack sealed with a high-pressure air nozzle and/or a mechanical cleaning process to a depth of 1/2" minimum.

B. Cracks to be filled shall be completely clean and d ry at the time of filling, and in no case shall crack sealing be performed within 24 hours of any p recipitation. Sealant shall be applied when the pavement surface temperature exceeds 50°F. Application at lower temperatures may result in reduced adhesion due to possible presence of excess moisture.

C. Contractor shall not overfill cracks, as excess fil ler will cause bumps in the overlay and may migrate through the paving surface course during compaction.

D. Traffic shall not be allowed on the material until it has cured or until it has been sanded to prevent tracking.

E. All crack sealing shall be completed at least one-working day prior to overlay.

2022 F STREET PAVEMENT REHABILITATION PROJECT 116

3.02CRACKS LESS THAN OR EQUAL TO 1”

A. The asphalt-rubber shall be heated to a minimum tem perature of 300°F but not greater than 350°F. The material shall be held in the mixing ta nk at application temperature until very little separation of the rubber and asphalt occurs when a bead of sealant material is placed on the pavement. Sealant material may be added to the mix as long as the minimum temperature of 300°F is maintained.

B. Asphalt-vulcanized rubber crack sealant material shall be applied to all cracks ¼-inch or greater so as to be flush with the adjacent pavement surface. Cracks shall be sealed from the bottom up.

Excess sealant shall be leveled to less than a 1/8- inch thickness with a squeegee or sealing shoe to produce a band which is 2 to 4 inches wide, centered over the crack.

3.03 CRACKS LARGER THAN 1”

A. Cracks shall be filled with Type A, 3/8-inch maximu m, medium graded aggregate asphalt concrete mix.

PART 4 - MEASUREMENT AND PAYMENT

Bid Item 4

The bid item for Crack Seal shall be paid by lump sum.

It shall include full compensation for furnishing a ll labor, materials, equipment, and incidentals for doing all the work associated with this Section , including but not limited to cleaning, protecting all street hardware and appurtenances, a nd protecting the Crack Sealing until it has set, including the furnishing, placement, and remov al of signs, barricades and providing other methods of protection as may be required, as specif ied in the City Standard Specifications, the Special Provisions, as shown on the project Plans, and as directed by the Engineer.

END OF SECTION 103

2022 F STREET PAVEMENT REHABILITATION PROJECT 117

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2022 F STREET PAVEMENT REHABILITATION PROJECT 118

SECTION 104 – ASPHALT CONCRETE PAVEMENT

PART 1 – GENERAL

Attention is directed to the provisions in Section 39 of the Standard Specifications and these technical provisions for performing asphalt concrete work.

1.01WORK INCLUDED

A. This section includes specifications for producing and placing hot mix asphalt (HMA) where pavement section has been removed from digouts and cold planing operations.

B. The depth of HMA placement for 6-inch digouts shall be 4 inches or as indicated on the plans.

C. The depth of HMA overlay shall be 2 inches or as indicted on the plans.

1.02 REFERENCES

Standard Specifications, California Department of Transportation, 2010 edition, unless noted
otherwise.

1.03 SUBMITTALS

A. Asphalt Concrete

B. Tack Coat

PART 2 – PRODUCTS

2.01 ASPHALT CONCRETE

A. Asphalt concrete shall be Type A with 1/2" maximum aggregate size and conforming to the requirements of Section 39 of the Standard Specifications.

B. The asphalt concrete used shall be AR 4000. The Engineer may specify AR-8000 Paving Grade Asphalt if air temperature becomes hot enough to warrant its use.

C. The amount of asphalt to be mixed with the aggregate shall be approximately six (6) percent by weight of the dry aggregate.

2.02 ASPHALT BINDER

2022 F STREET PAVEMENT REHABILITATION PROJECT 119

The grade of asphalt binder must be PG 64-10, comply with Section 92, “Asphalt Binders” of the Standard Specifications.

2.04 TACK COAT

Tack coat shall be SS-1h or CSS-1h, comply with Section 94, “Asphaltic Emulsions” of the Standard Specifications.

PART 3 – EXECUTION

3.01 ASPHALT CONCRETE PAVEMENT PREPARATION AND RESU RFACING

A. All existing pavements shall be trimmed as required to provide a smooth face to abut the new pavement. The grinded areas shall be smooth and have a dry and properly prepared surface prior to the start of paving operations. It shall be free from all loose screening and other loose or foreign material.

B. Protective coverings shall be provided to protect the exposed portions of culverts, curbs, gutters, posts, guard fences, road signs, and any other structures from splashing oil and asphalt from the paving operations. Remove any oil, asphalt, dirt, or other undesirable matter that may come upon these structures due to the paving operations.

C. The pavement surface to receive the 2” AC overlay shall be cleaned by sweeping. The Contractor shall apply the specified tack coat asphalt binder to all pavement surfaces.

D. All paving work shall be completed before 5:00 p.m., on each working day or Contractor shall be responsible for payment of inspection overtime at the current inspector labor rates.

E. All streets where keycut and or cold plaining work has been completed in preparation for overlay shall be paved within three (3) calendar days from the date of completion of the AC removal.

F. All paving work shall be water tested for uniformity, and drainage before final acceptance.

G. The Contractor shall be responsible for any damage to existing pavement caused by his/her forces. Such damage shall be promptly repaired as directed by the Engineer, and at no cost to the Town.

3.02 PAVEMENT SECTION REPAIRS AND AC INSTALLATION

A. Pavement section repairs shall be completed before cold planing operation.

2022 F STREET PAVEMENT REHABILITATION PROJECT 120

B. The repairs shall be at specific locations on streets where the pavement section has failed or as directed by the Engineer.

C. This work shall consist of removing failed pavement sections up to the base but not less than six-inch minimum depth and installing full depth Type A HMA with 1/2" maximum up 2 inches below existing grade. It shall include reworking the base and compacting the base to 95 percent relative compaction before plugging with at least 4” of new asphalt concrete.

D. Asphalt concrete for plugging the excavated areas shall be placed in layers of two (2") inches for areas with lengths in excess of five feet. Each layer shall be compacted to a minimum 95% relative compaction before the next layer is placed.

3.03 DISTRIBUTION AND SPREADING

A. Direct Transfer Method for AC Overlay

1. Asphalt Concrete shall be placed only upon specific approval of the Engineer.

When, in the opinion of the Engineer, the surface grinding is too wet, no asphalt concrete shall be placed.

2. The Engineer will make the final decision whether conditions are satisfactory for paving. NO ASPHALT CONCRETE SURFACE COURSE SHALL BE

PLACED WHEN THE ATMOSPHERIC TEMPERATURE IS LOWER THAN
50 DEGREES FAHRENHEIT.

3. The asphalt concrete shall be deposited directly into the mechanically self- propelled paving machine and equipped with:

a. A screed or strike-off assembly that can distri bute HMA the full width of a traffic lane

b. A full-width compacting device

c. Automatic screed controls and sensing devices that control the thickness, longitudinal grade, and transverse screed slope

B. Asphalt concrete shall be placed in such a manner that the first pass shall start at the roadway gutter lip (or low edge of the roadway). The second pass shall then be placed next to the first pass while the first pass of asphalt concrete is still hot (unless the paving operations have been discontinued for the day). The above procedure shall be followed for all additional adjacent passes until the entire roadway has been resurfaced. The maximum pass shall be 1,000 feet.

2022 F STREET PAVEMENT REHABILITATION PROJECT 121

C. Trucks, loaded or empty, shall not be allowed on the new roadway surface until the asphalt concrete reaches ambient temperature.

D. No Windrow/Pick-Up Method is allowed

3.03SPREADING AND COMPACTING

A. Rolling and compaction of asphalt concrete shall be done according to Section 39-6, "Spreading and Compacting" of the Standard Specifications and these technical provisions.

B. Use of a rubber-tired roller shall not be required.

C. Do not open new HMA pavement to traffic until its mid depth temperature is below 160 degrees F.

D. Upon completion of pavement, density and smoothness of pavement shall conform to the Standard Specifications and these technical provisions.

E. Low areas of pavement not meeting smoothness tolerances shall be ground to two (2") inch minimum depth and repaved. All high areas shall be ground to the true grade level and cross-section with a diamond blade type pavement grinder (Caltrans designation PGD1A), the ground surface shall then be fog sealed.

PART 4 - MEASUREMENT AND PAYMENT

Bid Item 3

The bid item for 6-inch dig outs shall be measured on a per square foot basis based on the actual areas of pavement section repairs.

It shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals for doing all the work associated with pavement section repairs, including, but not limited to surface preparation, protecting existing surface facilities, sub-grade preparation and compaction, applying tack coat, placing, spreading and compacting the hot mix asphalt in single or multiple lifts, and complete-in-place, as shown on the plans, as specified in these specifications, and as directed by the Engineer, and no additional compensation will be allowed therefore.

Bid Item 6

The bid item for 2-inch overlay shall be measured on a per ton basis based on the

2022 F STREET PAVEMENT REHABILITATION PROJECT 122

material installed and the actual weight tags collected, regardless of the size of the aggregate.

It shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals for doing all the work associated with this Section, including, but not limited to surface preparation, protecting and paving to conform to existing surface facilities, applying tack coat, placing, spreading and compacting the hot mix asphalt in single or multiple lifts, exposing utility manhole and valve covers, water testing for drainage and uniformity, repair of poor workmanship or damage, power sweeping, and complete-in- place, as shown on the plans, as specified in these specifications, and as directed by the Engineer, and no additional compensation will be allowed therefore.

Contractor shall furnish weight tags to the Engine er daily for acceptance and shall indicate where on the site(s) at which the material was used. Equipment shall consist of regular and small paving equipment as needed to prevent tree trimming to the maximum extent possible

END OF SECTION 104

2022 F STREET PAVEMENT REHABILITATION PROJECT 123

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2022 F STREET PAVEMENT REHABILITATION PROJECT 124

APPENDIX A

SITE PLAN

SSMH7E87
SSMH7E43
F ST
EL CAM

INO REAL
Town of Colma
0 50 100
Feet
Z
LEGEND
City Limit Line
2" Mill and Fill Limits
, Manhole
( Valve cover
March 2022
CSG Consultants Inc.

F Street
Mill & Fill
(26,700SF)
Sheet 1 of 1
F Street
Unincorporated SMCO
Town of Colma
Staff Report – 2021 General Plan Annual Report Page 1 of 3 March 23, 2022

STAFF REPORT
T
O: Mayor and Members of the City Council
FROM: Farhad Mortazavi, City Planner
Laurel Mathews, Associate Planner
VIA: Brian Dossey, City Manager
MEETING DATE: March 23, 2022
SUBJECT: 2021 General Plan and Housing Element Annual Report

RECOMMENDATION
Staff recommends that the City Council make the following motion:

MOTION ACCEPTING THE 2021 ANNUAL REPORT ON THE IMPLEMENTATION OF THE GENERAL PLAN, INCLUDING THE HOUSING ELEMENT.

EXECUTIVE SUMMARY
The Town is required to submit an annual report on the implementation of the General Plan and Housing Element to the State. Prior to staff sending the report to the state, the City Council must accept the report.

FISCAL IMPACT
The preparation of the 2021 Annual Report on the status of implementation of the General Plan and Housing Element does not have an impact on the Town’s adopted budget.

BACKGROUND
California Government Code Section 65400 requires that an Annual Report be prepared that details the status of implementation of the General Plan and the Housing Element. This report is to be submitted to the City Council, the Governor’s Office of Planning and Research (OPR), and the California Department of Housing and Community Development (HCD) before April 1 each year.

ANALYSIS
The Colma General Plan was adopted in 1999. Some policies are quite outdated and are evidence of the need for the General Plan update that is in progress. However, many of the policies still Item #4
Staff Report – 2021 General Plan Annual Report Page 2 of 3 March 23, 2022
apply. The City Council has held study sessions on updates to the General Plan. The discussion below highlights actions that have been taken in 2021 regarding each element of the exis ting General Plan:

Housing Element
No new housing units were built or entitled in Colma in 2021, and no entitlement applications were received, so many pages of the Annual Housing Report (Attachment A) are blank. The following list summarizes the policy highlights of Housing Element implementation in the last calendar year:
• The only housing category where Colma has not produced any units in the current RHNA cycle (Regional Housing Needs Allocation – 5
th Cycle) is in the moderate-income category.
• Colma continues to provide funding to programs such as the Human Investment Project (HIP), and LifeMoves as discussed in the Housing Element . These non-profit organizations provide housing related services to Colma and the broader San Mateo County community.

A
dditional information about Housing Element compliance can be found in Tables B and D of the attached Annual Progress Report.

Circulation Element
No policy implementation occurred this year on the General Plan Circulation Element. The Town completed a Bicycle and Pedestrian plan for El Camino Real and completed improvements to Mission Road which prioritize bicycle and pedestrian safety. These two actions build a foundation for Policies 5.03.723, 5.03.732, 5.03.742, and 5.03.741.

Land Use Element
No policy implementation occurred this year on the General Plan Land Use Element.

Open Space and Conservation Element
The Town was certified as a Tree City for a fourth year and has applied for Tree City status for 2021.

Noise Element
No policy implementation occurred this year on the General Plan Noise Element.

Safety Element
No policy implementation occurred this year on the General Plan Safety Element.

Historical Resources Element
No policy implementation occurred this year on the General Plan Historical Resources Element.

Staff Report – 2021 General Plan Annual Report Page 3 of 3 March 23, 2022
2023-2031 Housing Element
Separate from the 2040 General Plan Update, the Town is required to update the Housing Element for the 2023- 2031 housing cycle (6th Cycle) by January 2023. The Regional Housing Needs Assessment (RHNA) allocations for Colma is currently 202 units. This is a much higher allocation than the Town received for the current housing cycle (59 units).

The Town received a Local Early Action Planning (LEAP) grant in the amount of $65,000 to support the development of the 2023-2031 Housing Element.

Council Adopted Values
The Annual Report on the General Plan complies with the Council’s commitment to Responsibility through the periodic review of the implementation of adopted policies and programs.

Sustainability Impact
A motion to accept the 2021 annual report on the implementation of the general plan will have no impact on sustainability.

A
lternatives
The City Council could take no action. Doing so is not recommended, as the Town would not be in compliance with the requirements of Government Code Section 65400 to submit an annual report.

NCLUSION
Staff recommends that the City Council, by motion, accept the 2021 Annual Report on the status of Implementation of the General Plan and Housing Element.

ATTACHMENTS
A. 2021 Annual Element Progress Report, Tables A-H

Jurisdiction Colma ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining
2 3 4 6 7 8 9
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Date
Application
Submitted+
(see
instructions)
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low-Income
Deed
Restricted
Low-Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income
Non Deed
Restricted
Above
Moderate-
Income
Total PROPOSED
Units by Project
Total

APPROVED
Units by project
Total

DISAPPROVED
Units by Project
Was APPLICATION

SUBMITTED
Pursuant to GC
65913.4(b)?
(SB 35
Streamlining)
Was a Density
Bonus requested
for this housing
development?
Summary Row: Start Data Entry Below 0 0 0 0 0 0 0 0 0 0 0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
Table A
Housing Development Applications Submitted
Cells in grey contain auto-calculation formulas
51 Project Identifier Unit Types Proposed Units - Affordability by Household Incomes (CCR Title 25 §6202)
Density Bonus Applications
10 Attachment A
Jurisdiction Colma ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 2 3 5 6
Prior APN + Current APN Street Address Project Name + Local Jurisdiction Tracking ID +
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed Restricted
Above
Moderate-
Income
Entitlement
Date Approved # of Units issued
Entitlements
Summary Row: Start Data Entry Below 0 0 0 0 0 0 0 0
0 0
0 0
0 0
0 0
0 0
0 Project Identifier
(CCR Title 25 §6202)
1 Unit Types Affordability by Household Incomes - Completed Entitlement 4 Cells in grey contain auto-calculation formulas
8 9 11 12
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed Restricted
Above
Moderate-
Income
Building Permits
Date Issued
# of Units Issued
Building Permits
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed Restricted
Above
Moderate-
Income
Certificates of
Occupancy or other
forms of readiness
(see instructions)
Date Issued
# of Units
issued
Certificates of
Occupancy or
other forms of
readiness
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
Note: "+" indicates an optional field
Affordability by Household Incomes - Building Permits Affordability by Household Incomes - Certificates of Occupancy 7 10
Jurisdiction Colma ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 01/31/2015 - 01/31/2023 (CCR Title 25 §6202) 1 3 4
RHNA Allocation
by Income Level 2015 2016 2017 2018 2019 2020 2021 2022 2023 Total Units to Date (all years)
Total Remaining
RHNA by Income
Level
Deed Restricted - - - 31 - - - - -
Non-Deed Restricted - - - - - - - - -
Deed Restricted - - - 34 - - - - -
Non-Deed Restricted - - - - - - - - -
Deed Restricted - - - - - - - - -
Non-Deed Restricted - - - - - - - - -
Above Moderate 22 - - 6 4 - - - - - 10 12
59 - - 6 69 - - - - - 75 21
Note: units serving extremely low-income households are included in the very low-income permitted units totals and must be reported as very low-income units. -
Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will include units that were permitted since the start of the planning period.

Total RHNA
Total Units
Income Level
Very Low
Low
Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected]. 9 31
This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.
-Moderate
20 8
9 Please contact HCD if your data is different than the material supplied here 34 2
Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
-
Jurisdiction Colma ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Date of Rezone Rezone Type
2 4 5 6 7 9 10 11
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Date of Rezone Very Low-
Income Low-Income Moderate-Income Above Moderate-
Income
Rezone Type Parcel Size
(Acres)
General Plan
Designation Zoning Minimum
Density Allowed
Maximum
Density Allowed
Realistic
Capacity Vacant/Nonvacant Description of Existing
Uses
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Summary Row: Start Data Entry Below
83 Project Identifier RHNA Shortfall by Household Income Category Sites Description 1 Sites Identified or Rezoned to Accommodate Shortfall Housing Need and No Net-Loss Law Table C
(CCR Title 25 §6202)
Jurisdiction Colma
Reporting Year 2021 (Jan. 1 - Dec. 31)
1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Program 1.1
Manufactured Housing
Design Standards
Allows for construction of single family
residences at lower costs, thereby
reducing the cost of housing.

Ongoing. Ordinance 720 adopted in 2013. Planning Department is responsible for making developers aware of this provision.

Program 1.2 General Plan
Consistency Review and
Annual Report
Increase awareness to decision makers
of annual progress toward meeting
Housing Element Goals.

Ongoing. Continue internal consistency review annually and make report available to the public.

Program 2.1 Second Unit
Ordinance
To increase the number of second
dwelling units; and
To encourage the development of
second units in areas of the town
where they are permitted or
conditionally permitted (C and R zones)
Ongoing.

Accessory Dwelling Unit (ADU) Ordinance adopted in 2017. The ordinance was amended in 2020 to comply with new state housing laws.

Planning Department is responsible for providing information to prospective developers in areas where second units are permitted.

Program 3.1 Planned
Development Districts
and Mixed Use.

To optimize the use of developable land
to maximize the General Plan density of
each developable site; and
To allow for implementation of Density
Bonus provisions when appropriate
Ongoing.

Planning Department is responsible for the review of planned development applications. City Council is responsible for the adoption of planned development rezones.

Program 3.2 Density
Bonus Provisions for
Affordable Housing.

To increase the supply of housing units
through the use of density bonus
provisions.

Ongoing.

Density Bonus Ordinance Adopted in 2005.

Planning Department continues to make developers aware of density bonus provisions.

Program 3.3 High-
Density Housing Near
Colma and South San
Francisco BART Stations.

To facilitate the development of
housing units and affordable housing
units in proximity to the BART station.

Ongoing. Ongoing provision of information to prospective property buyers Program 3.4 Planner
Responsibility to Promote
Affordable Housing and
Mixed-Use.

To assist in the development of
affordable units Ongoing. Ongoing implementation of existing program.

Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202)
Program 3.5 Planned
Development Zoning
Provisions for Single
Family Attached
Development.

To optimize the use of developable land
to maximize the General Plan density of
each developable site; and
To allow for implementation of Density
Bonus provisions when appropriate
Ongoing. Ongoing enforcement of existing ordinance and standards.

Program 3.6 Ensure No
Net Loss of Required
Units.

To assure that all units identified in the
Housing Element will be built on
designated sites or alternative sites.

Ongoing. Ongoing provision of information to developers and enforcement of the no net loss provision.

Program 3.7 Inclusionary
Housing.

To create new affordable housing units
both for rent and for sale. Complete. . Inclusionary Housing Ordinance adopted in 2005.

Nexus Study and Housing Impact Fees adopted 2016
Program 4.1 Reasonable
Accommodations
Ordinance Public
Information, Ordinance
Amendment and
Monitoring
To assure that reasonable
accommodation is made for individuals
to have equal access to housing.

Ongoing.

Town amended ordinance in 2007.

The Planning Department continues to monitor the implementation of the Town’s codes, policies and procedures to ensure that they comply with the “reasonable accommodation” for disabled provisions and all fair housing laws.

Program 4.2 Senior
Housing.

To maintain affordable housing for
seniors within the community. Ongoing. Town of Colma Administration and the Department of Public Works responsible for maintenance/management of the facility.

Program 4.3 Emergency
Shelters. Allowance for an emergency shelter Ongoing.

Planning Department responsible for advising a potential developer of an emergency shelter of the zoning provisions. Building Department responsible for processing building permit.

Program 4.4 Inform local
developers of
opportunities to provide
transitional and
supportive housing.

Allowance for transitional and
supportive housing Ongoing.

Planning Department is continuing to provide information regarding the Town’s transitional and supportive housing opportunities to local developers through counter handouts and interactions. Information is also on the Town’s website.

Program 4.5 Amend the
Zoning Code within one
year of adoption of the
Colma Housing Element
to clarify that transitional
and supportive housing is
considered a residential
use of the property,
subject only to those
restrictions that apply to
other residential
dwellings of the same
type in the same zone.

Allowance for transitional and
supportive housing in residential zones Ongoing.

Municipal Code amended in 2013.

Planning Department to inform those that make inquiries to the Planning Department of the provisions.

Program 4.6. Reach out
to local service providers
of special needs groups
to assist in the
identification and analysis
of constraints to the
provision of housing for
persons with disabilities.

To assure that equal access and
opportunities are provided to persons
with disabilities for housing.

Ongoing. -
Program 5.1
Knowledgeable Housing
Referral.

To assure that referrals can be made to
provide equal access to housing. Ongoing. Planning Department is responsible for the ongoing management of the existing program.

Program 5.2 Human
Investment Project (HIP)
Support.

Supports better utilization of existing
housing stock and provides affordable
housing. It also supports better
maintenance of existing housing stock.

Ongoing.

Planning Department is responsible for the ongoing management of the existing program.

City Council responsible for the approval of any monetary support Program 5.3 Section 8
Rental Assistance.

To assure that information is provided
to qualified applicants to provide equal
access to housing.

Ongoing. Planning Department is responsible for the ongoing management of the existing program.

Program 5.4 Housing
Recordkeeping.

To conserve and improve the condition
of the existing housing stock. Ongoing. Planning Department is responsible for the ongoing management of the existing program.

Program 5.5 Address
needs of Extremely Low-
Income Households.

To assist developers and property
owners in making affordable units
available, which, in turn, provides equal
housing opportunities.

Ongoing. Planning Department will lead the outreach and information dispersal efforts.

Program 6.1
Greenbuilding
Regulations for
Residential Uses.

To create new and sustainable
residential development
To retrofit existing structures to
increase efficiency and reduce energy
use and cost
Ongoing.

After there is a better understanding of the Cal Green Building Code requirements, the town will study the feasibility of adopting a green building ordinance. Town adopted a Water Efficient Landscape Ordinance in 2015.

Program 6.2 Encourage
use of cool roofing
systems and other energy
conservation measures to
reduce a building’s
energy usage.
• To create new and sustainable
residential development
• To retrofit existing structures to
increase efficiency and reduce energy
use and cost
Ongoing.

The Planning and Building Department provide information to the public on programs to assist in the provision of energy efficiency measures during new construction or as a residential retrofit.

Program 7.1 “Rebuilding
Together Peninsula”
Participation.

To conserve and improve the condition
of the existing housing stock. Ongoing. Ongoing participation in existing program Program 7.2 Minor
Housing Repair Grant
Program.

To conserve and improve the condition
of the existing housing stock. Ongoing.

Study was conducted in December 2016 and the program was found infeasible.

Permit fees for standard residential repairs have been kept to encourage property maintenance.

Program 7.3
Neighborhood
Improvement (Code
Enforcement).

To conserve and improve the condition
of the existing housing stock.

Completed. Ongoing code
enforcement program. Ordinance adopted September 12, 2012.

Program 7.4 Low-interest
loan program for very-
low, low, and moderate
income homeowners.

To conserve and improve the condition
of the existing housing stock.

To allow low income homeowners to
remain in their homes
Completed. Study completed in 2016. Program was determined to be infeasible.

Program 7.5 Underground
Utilities in the Mission
Road Corridor.

To make Mission Road more attractive
for new residential development. Ongoing. Portions completed but suspended due to recession. Project to remain in CIP until implemented.

Program 7.6 Nuisance
Abatement and Property
Maintenance process to
Improve Individual
Properties and
Neighborhood Pride.

To conserve and improve the condition
of the existing housing stock Ongoing. Planning Department is responsible for ongoing enforcement of municipal zoning code
Program 7.7 Organize
Community Clean Up
Days.

To conserve and improve the condition
of the existing housing stock. Ongoing. Planning and Recreation departments organize community clean-up days on an annual basis.

Jurisdiction Colma ANNUAL ELEMENT PROGRESS REPORT
Reporting Period 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
3 4
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
Summary Row: Start Data Entry Below
Units Constructed as Part of Agreement
Commercial Development Bonus Approved pursuant to GC Section 65915.7 Table E
Note: "+" indicates an optional field
Project Identifier
1 2
Cells in grey contain auto-calculation
formulas
(CCR Title 25 §6202)
Annual Progress Report January 2020
Jurisdiction Colma ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Period 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 01/31/2015 - 01/31/2023 (CCR Title 25 §6202) Extremely Low-
Income+ Very Low-Income+ Low-Income+ TOTAL UNITS+
Extremely Low-
Income+
Very Low-
Income+ Low-Income+ TOTAL UNITS+
Rehabilitation Activity
Preservation of Units At-Risk
Acquisition of Residential Units
Mobilehome Park Preservation
Total Units by Income
Table F
Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c). Please note, motel, hotel, hostel rooms or other structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1(c)(1)(D) are considered net-new housing units and must be reported in Table A2 and not reported in Table F.

Activity Type
Units that Do Not Count Towards RHNA+
Listed for Informational Purposes Only
Units that Count Towards RHNA +
Note - Because the statutory requirements severely limit what can be counted, please contact HCD to receive the password that will enable you to populate these fields. The description should adequately document how each unit complies with subsection (c) of Government
Code Section 65583.1+
Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c) Annual Progress Report January 2020
Jurisdiction Colma
Reporting Period 2021 (Jan. 1 - Dec. 31)
Planning Period 5th Cycle 01/31/2015 - 01/31/2023 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation
2 3 4
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+
Realistic Capacity
Identified in the
Housing Element
Entity to whom the site
transferred Intended Use for Site
1 Summary Row: Start Data Entry Below
Note: "+" indicates an optional field
Cells in grey contain auto-calculation
formulas
(CCR Title 25 §6202)
Table G
Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of Project Identifier
NOTE: This table must only be filled out if the housing element sites inventory contains a site which is or was owned by the reporting jurisdiction, and has been sold, leased, or otherwise disposed of during the reporting year.

Jurisdiction Colma
Note: "+" indicates
an optional field
Reporting Period 2021
(Jan. 1 - Dec.
31)
Cells in grey contain
auto-calculation
formulas
Designation Size Notes
1 2 3 4 5 6 7
APN Street Address/Intersection Existing Use Number of
Units
Surplus
Designation
Parcel Size (in
acres) Notes
Summary Row: Start Data Entry Below
Parcel Identifier

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202)
Table H
Locally Owned Surplus Sites
For San Mateo County jurisdictions, please format the APN's as follows:999-999-999

2040 General Plan Update DEIR Page 1 of 5

STAFF REPORT
TO:

Mayor and Members of the City Council
FROM: Farhad Mortazavi, City Planner
VIA: Brian Dossey, City Manager
MEETING DATE: March 23, 2022
SUBJECT: 2040 General Plan Update Adoption and EIR Certification RECO

MMENDATION
Staff recommends that the City Council adopt the following:

A RE

SOLUTION OF THE CITY COUNCIL OF THE TOWN OF COLMA ADOPTING

ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, CERTIFYING THE ENVIRONMENTAL IMPACT REPORT (SCH #2020069005) FOR THE TOWN OF COLMA 2040 GENERAL PLAN UPDATE, ADOPTING A STATEMENT OF

OVERRIDING CONSIDERATIONS, ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM, AND ADOPTING THE TOWN OF COLMA 2040 GENERAL PLAN UPDATE

EXECUTIVE SUMMARY
The Draft Environmental Impact Report (DEIR) for the Town of Colma 2040 General Plan Update (GPU) was released for public and agency review between December 6, 2021, and January 25, 2022. The public review and agency review period has ended, and staff has not received any comments. Staff has prepared the Town of Colma 2040 General Plan Update and the Final EIR (FEIR) for City Council review, certification, and adoption.

FISCAL IMPACT
None.

BACKGROUND
The Town of Colma (“Town”) has been implementing the 1999 Colma General Plan for over 20 years. The 1999 General Plan ushered in an era of more thoughtful community growth with an emphasis on providing additional housing opportunities, maintaining community character, and protecting and enhancing the Town’s commercial district. The 1999 Plan successfully achieved its goals as reflected by numerous community improvements, including: established a historic Item #5
2040 General Plan Update DEIR Page 2 of 5

museum; expanded Sterling Park; built a new police station and community center; and constructed Lawndale Boulevard. Despite these successes and others, the 1999 General Plan has reached a point where it is necessary to update the Plan to address changes in law, technology, social circumstances, economic conditions, and community preferences.

Given the large amount of information in the GPU, study sessions were held to gain City Council and public input on different elements of the draft General Plan. In addition, study sessions and public hearings were held for the CEQA process. Below is a summary of what has been presented to Council to date:

• July 24, 2019 – General Plan City Council Study Session to review Land Use element • June 3, 2020 – Notice of Preparation (NOP) released
o Public comment period through July 13, 2020
• June 24, 2020 – Scoping meeting
• December 9, 2020 – City Council Study session to review the GPU Introduction, Land Use element and Historic Resources element
• January 27, 2021 – City Council Study Session to review the Mobility Element • February 24, 2021 – City Council Study Session to review Community Health, Safety and Services element and Open Space and Conservation element • December 8, 2021 – City Council Study Session on the General Plan Update and the Draft Environmental Impact Report

ANALYSIS
2040 General Plan Update
The 2040 General Plan Update (GPU) is a comprehensive update to the Town’s 1999 General Plan. The GPU includes five elements: Land Use, Mobility, Housing, Community Health, Safety and Services, Open Space and Conservation, and Historical Resources. These elements address all mandatory elements of a general plan as stipulated in State planning and zoning law:

State Mandated Element Colma 2040 GPU Element
Land Use Land Use
Circulation Mobility
Open Space Open Space and Conservation
Conservation Open Space and Conservation
Safety Community Health, Safety and Services
Noise Community Health, Safety and Services
Housing Housing

While the 2040 GPU incorporates the 2015-2023 Colma Housing Element, the housing element was not updated as a part of the GPU. The region’s next housing cycle is 2023 through 2031 and Staff has commenced work and is targeting January 2023 for completion.

The Historical Resources element is an optional element created for the identification, protection and management of a community’s sites and structures exhibiting architectural, historical, archaeological and cultural significance. A Historical Resources Element is particularly appropriate for the Town of Colma due to its rich history and large number of historic and cultural resources.
2040 General Plan Update DEIR Page 3 of 5

The 2040 GPU can be downloaded at: https://www.colma.ca.gov/documents/draft-2040- general-plan-update/

CEQA

Draft Environmental Impact Report
The City, as project lead agency, determined that the General Plan Update is a “project” within the definition of the California Environmental Quality Act (CEQA). For the purposes of CEQA, the term “project” refers to the whole of an action, which has the potential for resulting in a direct physical change or a reasonably foreseeable indirect physical change in the environment (CEQA Guidelines Section 15378(a)). CEQA requires the preparation of an EIR prior to approving any project that may have a significant impact on the environment. Based on the initial analysis of environmental settings, baseline conditions, and comments on the NOP, the following issues are analyzed:
• Aesthetics
• Air Quality
• Biological Resources
• Cultural and Tribal Resources
• Energy
• Geological Resources
• Greenhouse Gas Emissions
• Hazards & Hazardous Materials
• Hydrology
• Land Use
• Noise
• Population & Housing
• Public Services and Recreation
• Traffic
• Utilities
• Wildfire

Public Outreach
In late 2021, staff and the consultant team completed the Draft General Plan and Draft EIR.

The Draft General Plan was released for public review in August 2021, and the Draft EIR was released for a 50-day public review and comment period that began on December 6, 2021 and ended on January 25, 2022. These documents were made available to the public and interested agencies via multiple methods including:
• The State CEQA Clearinghouse (SCH#:2020050348),
• The Town of Colma City Hall,
• Town of Colma website, and
• Posting at County Recorder’s Office
Staff has not received any public comments and therefore, no significant changes were made to the DEIR.

Final Environmental Impact Report
The Final Environmental Impact Report (FEIR) for the Town of Colma 2040 General Plan Update has been prepared in accordance with the California Environmental Quality Act (CEQA) and State CEQA Guidelines. State CEQA Guidelines Section 15132 requires that an FEIR consist of the following:
• The Draft Environmental Impact Report (Draft EIR) or a revision of the draft, • Comments and recommendations received on the Draft EIR, either verbatim or in summary,
2040 General Plan Update DEIR Page 4 of 5

• A list of persons, organizations, and public agencies commenting on the Draft EIR, • The responses of the lead agency to significant environmental concerns raised in the review and consultation process, and
• Any other information added by the lead agency.

The Draft EIR is incorporated by reference into the Final EIR in accordance with State CEQA Guidelines Section 15132(a). As noted above, no public or agency comments were received on the Draft EIR during the public comment period. Therefore, there are no comments to respond to in the Final EIR, nor are there any changes made to the text and analysis in the Draft EIR.

If the City Council finds that the Final EIR is “adequate and complete,” the City Council may certify the Final EIR in accordance with CEQA. An EIR is considered adequate if:
• The EIR shows a good faith effort at full disclosure of environmental information, and • The EIR provides sufficient analysis to allow decisions to be made regarding the proposed project in contemplation of environmental considerations.

Findings of Fact and Statement of Overriding Considerations A decision to approve a project where the EIR identifies significant environmental effects, must be accompanied by written findings in accordance with Public Resources Code Section 21081 and CEQA Guidelines section 15091.

The California Environmental Quality Act (CEQA) requires the CEQA lead agency, to complete and adopt the following:
• Make written findings when it approves a project for which an environmental impact report was certified; and
• Identify overriding considerations for significant and unavoidable impacts identified in the EIR.

The findings explain how the Town approached the significant and potentially significant impacts identified in the environmental impact report prepared for the Town of Colma 2040 General Plan (the Project). The statement of overriding considerations identifies economic, social, and technological benefits of the Project that override any significant environmental impacts that would result from the Project.

Mitigation Monitoring and Reporting Program
Significant and unavoidable impacts were identified in the following areas:
• Air Quality - Potential impacts range from less than significant to significant and unavoidable
• Cultural and Tribal Resources - Potential impacts are likely significant • Greenhouse Gas Emissions - Potential impacts range from less than significant to significant
To reduce or avoid significant effects on the environment, mitigation measures have been incorporated or imposed on the project. A mitigation monitoring and reporting program (MMRP) was prepared for the Town of Colma 2040 GPU to monitor and track these measures. The MMRP is included in Section 4.0 of the FEIR. The MMRP summarizes the action(s), timing, frequency, and party(ies) responsible for implementing each mitigation measure. 2040 General Plan Update DEIR Page 5 of 5

Council Adopted Values
The adoption of the Town of Colma 2040 General Plan Update is consistent with the City Council values of responsibility and vision because it adopts a general plan and its policies that will shape the future of community.

Sustainability Impact
The adoption of the Town of Colma 2040 GPU has a positive impact on sustainability as a few of the policies relate to increasing energy efficiency, water conservation, waste reduction, and the reduction of greenhouse gas emissions.

Alternatives
The City Council could choose to not adopt the resolution to certify the Town of Colma 2040 General Plan Update Final Environmental Impact Report and to adopt the Town of Colma 2040 General Plan Update. This is not recommended as the existing general plan and its policies are out of date. The 2040 General Plan Update would address changes in law, technology, social circumstances, economic conditions, and community preferences.

CONCLUSION

The City Council should adopt the resolution to certify the Town of Colma 2040 General Plan Update Final Environmental Impact Report and to adopt the Town of Colma 2040 General Plan Update.

ATTACHMENTS

A. Resolution including CEQA Findings and Statement of Overriding Consideration B. Proposed General Plan
C. Draft EIR
D. Final EIR

1 RESOLUTION NO. ____
A RES

OLUTION OF THE CITY COUNCIL OF THE TOWN OF COLMA

ADOPTING ENVIRONMENTAL FINDINGS PURSUANT TO THE

CALIFORNIA ENVIRONMENT AL QUALITY ACT, CERTIFYING THE
ENVIRONMENTAL IMPACT REPORT (SCH #2020069005 ) FOR THE
TOWN OF COLMA 2040 GENERAL PLAN UPDATE , ADOPTING A

STATEMENT OF OVERRIDING CONSIDERATIONS, ADOPTING THE

MITIGATION MONITORING AND REPORTING PROGRAM, AND
ADOPTING THE TOWN OF COLMA 2040 GENERAL PLAN UPDATE
WHEREAS, in accordance with Government Code Section 65302, the Town of Colma (the “Town”) has prepared the 2040 General Plan Update (the “Project”), an update to the Town’s 1999 General Plan that updates the following elements: Land Use, Open Space and Conservation, Community Safety and Services (this element includes Noise) , Mobility, and Historic Resources; and
WHEREAS, the 2040 General Plan Update includes goals, policies, and actions regarding each of the General Plan elements; and
WHEREAS, the General Plan Update carries forward some of the major goals of the 1999 General Plan but has been substantially updated to address current local conditions and community priorities; and
WHEREAS, the “Planning Area” for the 2040 General Plan Update is synonymous with the Town’s Sphere of Influence (“SOI”) and the Town boundary; and WHEREAS, the 2040 General Plan Update is a document that provides an integrated and internally consistent statement of the official land use policy for the Town; and WHEREAS, the Town’s Housing Element is a mandatory general plan element that was previously adopted in 2015 to cover the 2015 -2023 housing cycle and was certified by the California Department of Housing and Community Development, and while the existing Housing Element is not being updated as part of the 2040 General Plan Update, the Town has initiated a separate effort to update the Housing Element for the 2023-2031 housing cycle; and WHEREAS, the Town notified affected public entities and agencies of the Draft 2040 General Plan Update in compliance with State law and in accordance with Government Code Section 65352.3, and the Town contacted California Native American tribes that are on the contact list maintained by the Native America H eritage Commission to invite those tribes t o consult on the proposed Draft 2040 General Plan Update; and
WHEREAS, six public meetings were held to gain City Council and public input regarding the different elements of the General Plan Update; and
WHEREAS, the Town released the public review draft of the 2040 General Plan Update in July 2021; and
Attachment A
Findings

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WHEREAS, the Town received minor comments regarding the public review draft of the 2040 General Plan Update and the comments were addressed; and WHEREAS, pursuant the California Environmental Quality Act (“CEQA;” Public Resources Code, § 21000, et seq.) and the State CEQA Guidelines (California Code of Regulations, title 14, § 15000 et seq.), the Town is the lead agency for the 2040 General Plan Update; and WHEREAS, in accordance with State CEQA Guidelines section 15082, on June 3, 2020 , the Town sent to the Office of Planning and Research and each responsible and trustee agency a Notice of Preparation (“NOP”) stating that an Environmental Impact Report (State Clearinghouse No. 2020069005) would be prepared; and
WHEREAS, twelve comment letters were received in response to the NOP; and WHEREAS, pursuant to Public Resources Code section 21083.9 and State CEQA Guidelines sections 15082(c) and 15083, the Town held a duly noticed Scoping Meeting on June 24, 2020, to solicit comments on the scope of the environmental rev iew of the proposed 2040 General Plan Update; and
WHEREAS, a Draft Environmental Impact Report (“Draft EIR”) was prepared for the 2040 General Plan Update, incorporating comments received in response to the NOP; and WHEREAS, the Draft EIR identified mitigation measures to mitigate certain air quality impacts to a level of less than significant; and
WHEREAS, the Draft EIR further concluded that despite the incorporation of all feasible mitigation measures, the proposed 2040 General Plan Update would nonetheless result in significant and unavoidable impacts relating to air quality (construction criteria air po llutant emissions and construction-related exposure to sensitive receptors), cultural and tribal resources, and greenhouse gas emissions; and
WHEREAS, in accordance with State CEQA Guidelines section 15085, a Notice of Completion was prepared and filed with the Office of Planning and Research on December 6, 2021; and
WHEREAS, as required by State CEQA Guidelines section 15087(a), the Town provided Notice of Availability of the Draft EIR to the public on or about December 6, 2021; and WHEREAS, pursuant to State CEQA Guidelines section 15087(e), the Draft EIR was circulated for a 50-day public review and comment period from December 6, 2021 to January 25, 2022; and
WHEREAS, during the public comment period, copies of the Draft EIR and technical appendices were available for review and inspection at Town Hall and on the Town’s website; and
Findings

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WHEREAS, during the public review and comment period, the Town consulted with and requested comments from all responsible and trustee agencies, other regulatory agencies, and others pursuant to State CEQA Guidelines section 15086, and held a hearing on December 8, 2021, to take testimony on the Draft EIR and the Project; and WHEREAS, the Town did not receive any written comments on the Draft EIR; and WHEREAS, following the close of the public review period, the Town has prepared a Final EIR (“Final EIR” or “EIR”) for the 2040 General Plan Update, which consists of the Final EIR and its attachments and appendices, as well as the Draft EIR and its attachments and appendices ; and
WHEREAS, all potentially significant adverse environmental impacts were sufficiently analyzed in the EIR; and
WHEREAS, as contained herein, the Town has endeavored in good faith to set forth the basis for its decision on the 2040 General Plan Update; and WHEREAS, all of the requirements of the Public Resources Code and the State CEQA Guidelines have been satisfied by the Town in connection with the preparation of the EIR, which is sufficiently detailed so that all of the potentially significant environmental effects of the Project have been adequately evaluated; and
WHEREAS, the EIR prepared in connection with the Project sufficiently analyzes the Project’s potentially significant environmental impacts and analyzes a range of feasible alternatives capable of reducing these effects to an even lesser level of significance; and WHEREAS, the Town has made certain findings of fact, as set forth in Exhibit A to this Resolution, attached hereto and incorporated herein, based upon the oral and written evidence presented to it as a whole and the entirety of the administrative record for the Project, which are incorporated herein by this reference; and
WHEREAS, the Town finds that environmental impacts that are identified in the EIR as less than significant and do not require mitigation are described in Section II of Exhibit A; and WHEREAS, the Town finds that environmental impacts that are identified in the EIR that are less than significant with incorporation of mitigation measures are described in Section III of Exhibit A; and
WHEREAS, the Town finds that the environmental impacts that are identified in the EIR that are significant and unavoidable even with the incorporation of all feasible mitigation measures are described in Section IV of Exhibit A; and
WHEREAS, the cumulative impacts of the Project identified in the EIR and set forth herein, are described in Section V of Exhibit A; and
WHEREAS, the potential significant irreversible environmental changes that would result from the proposed Project identified in the EIR and set forth herein, are described in Section VI of Exhibit A; and
Findings

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WHEREAS, the existence of any growth -inducing impacts resulting from the proposed Project identified in the EIR and set forth herein, are described in Section VII of Exhibit A; and WHEREAS, alternatives to the proposed Project that might further reduce the significant environmental impacts are described in Section VIII of Exhibit A; and WHEREAS, a statement of overriding considerations is set forth in Section IX of Exhibit A; and
WHEREAS, all the mitigation measures identified in the EIR and necessary to reduce the potentially significant impacts of the proposed Project to a level of less than significant are set forth in the Mitigation Monitoring and Reporting Program (MMRP) in Exhibit B to this Resolution, attached hereto and incorporated herein; and
WHEREAS, prior to taking action, the Town has heard, been presented with, reviewed and considered all of the information and data in the administrative record, including but not limited to the EIR, and all oral and written evidence presented to it during all meetings and hearings; and
WHEREAS, the EIR reflects the independent judgment of the Town and is deemed adequate for purposes of making decisions on the merits of the Project; and WHEREAS, no comments made in the public hearings conducted by the Town and no additional information submitted to the Town have produced substantial new information requiring recirculation of the EIR or additional environmental review of the Project under Public Resources Code section 21092.1 and State CEQA Guidelines section 15088.5; and WHEREAS, on March 23, 2022, the Town conducted a duly noticed public hearing on this Resolution, at which time all persons wishing to testify were heard and the Project was fully considered; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE TOWN OF COLMA:

SECTION 1. The above recitals are true and correct and incorporated herein by reference.

SECTION 2. The City Council hereby finds that it has been presented with the EIR, that it has reviewed and considered contained in the EIR, and that the EIR is accurate and objective and has been completed in full compliance with CEQA and the State CEQA Guidelines. The City Council finds that the EIR reflects the independent judgment and analysis of the Town. The City Council declares that no evidence of new significant impacts or any new information of “substantial importance” as defined by State CEQA Guidelines section 15088.5, has been received by the Town after circulation of the Draft EIR that would require recirculation. Therefore, the City Council hereby certifies the EIR based on the entirety of the record of proceedings.

SECTION 3. Pursuant to State CEQA Guidelines section 15091, the City Council hereby Findings

Page 5 of 140 ends

adopts the “CEQA Findings of Fact,” which are attached hereto as Exhibit A and incorporated herein by this reference.

SECTION 4. Pursuant to State CEQA Guidelines section 15093, the City Council hereby adopts the Statement of Overriding Considerations for the 2040 General Plan Update, which are included within Exhibit A and incorporated herein by this reference.

SECTION 5. Pursuant to Public Resources Code section 21081.6, the City Council hereby adopts the Mitigation Monitoring and Reporting Program attached hereto as Exhibit B a nd incorporated herein by this reference. Implementation of the Mitigation Measures contained in the Mitigation Monitoring and Reporting Program is hereby made a condition of approval of the Project. In the event of any inconsistencies between the Mitigation Measures set forth in the EIR or the Findings of Fact and the Mitigation Monitoring and Reporting Program, the Mitigation Monitoring and Reporting Program shall control.

SECTION 6. Based upon the entire record before it, including the EIR, Findings of Fact, Statement of Overriding Considerations, and all written and oral evidence presented, the City Council hereby adopts the 2040 General Plan Update.

SECTION 7. The documents and materials that constitute the record of proceedings on which this Resolution has been based are located at Town of Colma Planning Department, 1198 El Camino Real, Colma, California 94014. The custodian for these records is Town of Colma Planning Department. This information is provided pursuant to Public Resour ces Code section 21081.6.

SECTION 8. Town staff shall cause a Notice of Determination to be filed and posted with the County Clerk and the State Clearinghouse within five working days of the adoption of this Resolution.

APPROVED AND ADOPTED this 23rd day of March, 2022.

Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
Helen Fisicaro, Mayor
Raquel Gonzalez
Joanne F. del Rosario
John Irish Goodwin
Diana Colvin
Voting Tally

Dated __________________________

_________________________
Helen Fisicaro, Mayor
ATTEST:

Findings

Page 6 of 140 ends

________________________________
Caitlin Corley
City Clerk
Town of Colma

Findings

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7 EXHIBIT A
CEQA FINDINGS OF FACT; AND

STATEMENT OF OVERRIDING CONSIDERATIONS

The California Environmental Quality Act (“CEQA;” Pub. Resources Code, § 21000, et seq.) requires that public agencies shall not approve or carry out a project for which an environmental impact report has been certified that identifies one or more significant adverse environmental effects of a project unless the public agency makes o ne or more written Findings for each of those significant effects, accompanied by a brief explanation of the rationale for each Finding (State CEQA Guidelines [Cal. Code Regs., tit. 14, § 15000 et seq.], § 15091). This document presents the CEQA Findings of Fact made by the Town of Colma, in its capacity as the CEQA lead agency, regarding the 2040 General Plan Update (“Project”), evaluated in the Draft Environmental Impact Report (“Draft EIR”) and Final Environmental Impact Report (“Final EIR ”) (collectively, the “EIR”) for the Project.

SECTION I.

INTRODUCTION
Pursuant to section 21081 of the Public Resources Code, a public agency may only approve or carry out a project for which an EIR has been completed that identifies any significant environmental effects if the agency makes one or more of the following written finding(s) for each of those significant effects accompanied by a brief explanation of the rationale for each finding:

1. Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment.

2. Those changes or alterations are within the responsibility and jurisdiction of another public agency and have been, or can and should be, adopted by that other agency.

3. Specific economic, legal, social, technological, or other conside rations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the environmental impact report.

As indicated above, section 21002 requires an agency to “avoid or substantially lessen” significant adverse environmental impacts. Thus, mitigation measures that “substantially lessen” significant environmental impacts, even if not completely avoided, satisfy section 21002’s mandate. (
Laurel Hills Homeowners Assn. v. City Council (1978) 83 Cal.App.3d 515, 521 [“CEQA does not mandate the choice of the environmentally best feasible project if through the imposition of feasible mitigation measures alone the appropriate public agency has reduced environ mental damage from a project to an acceptable level”]; Las Virgenes Homeowners Fed., Inc. v. County of Los Angeles (1986) 177 Cal. App. 3d 300, 309 [“[t]here is no requirement that adverse impacts of a project be avoided completely or reduced to a level of insignificance . . . if such would render the project unfeasible”].)
While CEQA requires that lead agencies adopt feasible mitigation measures or alternatives to substantially lessen or avoid significant environmental impacts, an agency need not adopt Findings

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infeasible mitigation measures or alternatives. (Pub. Resources Code, § 21002.1(c) [if “economic, social, or other conditions make it infeasible to mitigate one or more significant effects on the environment of a project, the project may nonetheless be carried out or approved at the discretion of a public agency”]; see also State CEQA Guidelines, § 15126.6(a) [an “EIR is not required to consider alternatives which are infeasible”].) CEQA defines “feasible” to mean “capable of being accomplished in a successf ul manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors.” (Pub. Resources Code, § 21061.1.) The State CEQA Guidelines add “legal” considerations as another indicia of feasibility. (State CEQA Guidelines, § 15364.) Project objectives also inform the determination of “feasibility.” (
Jones v. U.C. Regents (2010) 183 Cal. App. 4th 818, 828- 829.) “‘[F]easibility’ under CEQA encompasses ‘desirability’ to the extent that desirability is based on a reasonable balancing of the relevant economic, environmental, social, and technological factors.” ( City of Del Mar v. City of
San Diego (1982) 133 Cal.App.3d 401, 417; see also Sequoyah Hills Homeowners Assn. v. City of Oakland (1993) 23 Cal.App.4th 704, 715.) “Broader considerations of policy thus come into play when the decision making body is considering actual feasibility[.]” (Cal. Native Plant Soc’y v. City of Santa Cruz (2009) 177 Cal.App.4th 957, 1000; see also Pub. Resources Code, § 21081 (a)(3) [“economic, legal, social, technological, or other considerations” may justify rejecting mitigation and alternatives as infeasible] (emphasis added).)
Environmental impacts that are less than significant do not require the imposition of mitigation measures. (Leonoff v. Monterey County Board of Supervisors (1990) 222 Cal.App.3d 1337, 1347.)
The California Supreme Court has stated, “[t]he wisdom of approving . . . any development project, a delicate task which requires a balancing of interests, is necessarily left to the sound discretion of the local officials and their constituents who are responsible for such decisions. The law as we interpret and apply it simply requires that those decisions be informed, and therefore balanced.” (Citizens of Goleta Valley v. Board of Supervisors (1990) 52 Cal.3d 553, 576.) In addition, perfection in a project or a project’s environmental alternatives is not required; rather, the requirement is that sufficient information be produced “to permit a reasonable choice of alternatives so far as environmental aspects are concerned.” Outside agencies (including courts) are not to “impose unreasonable extremes or to interject [themselves] within the area of discretion as to the choice of the action to be taken.” ( Residents Ad Hoc Stadium Com. v. Board
of Trustees (1979) 89 Cal.App.3d 274, 287.)
Findings

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SECTION II.

FINDINGS REGARDING ENVIRONMENTAL IMPACTS NOT REQUIRING MITIGATION The City Council hereby finds that the following potential environmental impacts of the 2040 General Plan Update are less than significant and therefore do not require the imposition of Mitigation Measures.

A. AESTHETICS

1. Scenic Vistas
Threshold: Would the Project have a substantial adverse effect on a scenic vista? Finding: Less than significant. (Draft EIR, p. 4.1-6.)
Explanation: Although the Town of Colma contains wide areas of open spaces that provide scenic value to the town, there are no officially designated scenic vistas or highways within the Planning Area. Accordingly, the Project would
not damage scenic resources within a state scenic highway.

The surrounding areas of San Bruno Mountain State and County Park located east of the town include views of the hills and open lands, all of which are components of the region’s visual character. The Town of Colma is visually characterized by its numerous open cemetery lands, small and low-rise residential structures and a mix of regional retail and local commercial spaces. The common aesthetic component of the town’s character is mainly a result of its cemetery land uses. Large properties, rolling hills, and quiet tranquil paths are a feature of the town’s cemeteries and future development of high intensity land uses could conflict with this major existing land use, which accounts for approximately 75% of the land uses in the town. The town had identified nine gateways that distinguish the town’s image from what is seen from the roadways as people approach and enter the town. The Project proposes updates to the town’s existing planning areas, simplifying these into five new planning areas that are consistent with the present condition of the town and the vision of the City Council. In addition, the Project introduces new land uses such as a medium density residential land use that is consistent with current developments, and a commercial overlay over vacant and underutilized cemetery land east of Hillside Boulevard. The town does have limited open areas that could be redeveloped as “opportunity” or infill sites at higher intensity or heights for any new development under the 2040 GPU, but such development would not be proximate to, and would not result in a substantial adverse impact to, any scenic vista.

Moreover, the 2040 GPU’s Land Use and Open Space Elements include policies and action items that would further protect visual and scenic views from future redevelopment efforts within the T own of Colma, and future development would be required to be consistent with the Project such that Findings

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the existing visual character of the town is preserved and any potential adverse effects are minimized.

Additionally, the following proposed General Plan policies address impacts to scenic vistas and highways in the Planning Area:

Policy OSC-3-1: Transit Oriented Development. Encourage, to the extent feasible, higher density residential development to be located near transit corridors and public transportation.

Policy M-6-1: Site Planning. Locate and design development projects within a scenic corridor to carefully fit within their environment and setting. The scenic character of the site should be maintained as much as possible. All development should be sited and designed to minimize the impacts of noise, light, glare, and odors on adjacent properties with the community at large.

Policy M-6-2: Access to Scenic Corridors. Minimize the number of access roads to a scenic corridor wherever possible. Development of access roads shall be combined with the intent of minimizing intersections with scenic roadways.

Policy M-6-3: Visual Impacts. Minimize visual impacts along scenic corridors.

Policy M-6-4: Paving Integration. Require new development to design site plans that integrate paved areas into the site, relate paved areas to their structure, and landscape paved areas to reduce their visual impact from scenic corridors. Encourage use of textured paving.

Policy LU-10-7: Landscape Setback. To create a consistent greenbelt theme along El Camino Real between Mission Road and the BART bridge, a 30’ landscape setback shall be observed. Within the setback, only surface parking is permitted. Surface parking must maintain a minimum setback of 10’, with the setback area heavily landscaped and bermed to visibly screen vehicles.

The GPU would thus have a less than significant impact relating to scenic vistas and no mitigation measures are required. (Draft EIR, pp. 4.1- 6 through 4.1-7.)

2. Scenic Resources
Threshold: Would the Project substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway?
Finding: Less than significant. (Draft EIR, p. 4.1-6.)
Explanation: The 2040 General Plan Update would not substantially damage scenic resources, such as trees, rock outcroppings, or historic buildings within a Findings

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Colma City CouncilMarch 23, 2022

Colma City Council
March 23, 2022