Agenda packet — Colma City Council, May 11, 2022 (part 1 of 2)

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A
GENDA

REGULAR MEETING

CITY COUNCIL OF THE TOWN OF COLMA
Wednesday, May 11, 2022
CLOSED SESSION – 6:30 PM
REGULAR SESSION – 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.

M
embers 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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Find your local number: https://us02web.zoom.us/u/kco5bgxkcc 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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CLOSED SESSION – 6:30 PM

1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION - Pursuant to Government Code Section 54956.9(d)(4)
Town as Plaintiff
PLEDGE OF ALLEGIANCE AND ROLL CALL – 7:00 PM

REPORT FROM CLOSED SESSION

ADOPTION OF AGENDA

PRESENTATIONS
 Proclamation in recognition of National Public Works Week  Proclamation in recognition of Mental Health Awareness Month  Proclamation in recognition of HIP Housing 50th Anniversary  Proclamation in recognition of Jewish American Heritage Month

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

2. Motion to Accept the Minutes from the April 27, 2022 Regular Meeting.

3. Motion to Accept the Minutes from the May 5, 2022 Special Meeting.

4. Motion to Approve Report of Checks Paid for April 2022.

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

6. Motion to Adopt an Uncodified Ordinance Adopting a Military Equipment Use Policy (second reading).

7. a. Motion to Adopt a Resolution Approving First Amendment to Commercial Lease Agreement with CSG Consultants, Inc.
b. Motion to Adopt a Resolution Approving First Amendment to Municipal Services Contract With CSG Consultants, Inc.

NEW BUSINESS

8. MISSION ROAD CROSSWALK IMPROVEMENT PROJECT – BID PACKAGE APPROVAL Consider: Motion to Approve Bid Document Package and Authorize Staff to Advertise Notice Inviting Informal Bids for the 2022 Mission Road Crosswalk Improvement Project and Authorize the City Manager to Approve Changes to the Plan Documents as Needed or Required.

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9. MISSION ROAD LANDSCAPE PROJECT – BID PACKAGE APPROVAL a. Consider: Motion to Approve Bid Document Package and Authorize Staff to Advertise Notice for Bids for the 2022 Mission Road Landscape Project and Authorize the City Manager to Approve Changes to the Plan Documents as Needed or Required; and b. Consider: Motion to Adopt Resolution Amending the Total Capital Project Budget for Mission Road Landscaping (908) to be $372,200.

REPORTS
Mayor/City Council
City Manager
AD

JOURNMENT
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.

1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Pursuant to Government Code Section 54956.9(d)(4)
Town as Plaintiff
This is a Closed Session item; there is no staff report for this item.

Item #1

Minutes – Regular Meeting 04.27.22 Page 1 of 4

MINUTES

REGULAR MEETING
City Council of the Town of Colma
Meeting Held Remotely via Zoom.us
Wednesday, April 27, 2022
7:00 PM

PLEDGE OF ALLEGIANCE AND ROLL CALL
Mayor Helen Fisicaro called the meeting to order at 7:01 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 Engineer Cyrus Kianpour, City Planner Farhad Mortazavi, Assistant Planner Alvin Jen 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 Colvin moved to adopt the agenda; the motion was seconded by Vice Mayor Gonzalez 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

PUBLIC COMMENTS
Mayor Fisicaro opened the public comment period at 7:03 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 April 13, 2022 Regular Meeting.

Item #2
Minutes – Regular Meeting 04.27.22 Page 2 of 4

2. Motion to Adopt an Ordinance Amending Chapter 2.07, Prohibited Activities at Parks and Recreational Facilities, of the Colma Municipal Code Relating to Restricting Pet Access to Public Playground Equipment (second reading).

Action: Council Member del Rosario moved to approve the consent calendar items #1 and 2; the motion was seconded by Mayor Fisicaro 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

PUBLIC HEARING

3. AB 481 MILITARY EQUIPMENT USE POLICY FOR THE POLICE DEPARTMENT Chief of Police John Munsey presented the staff report. Mayor Fisicaro opened the public hearing at 7:07 p.m. and seeing no one request to speak she closed the public hearing.

Council discussion followed.

Action: Council Member Goodwin moved to Introduce and Waive Further Reading of an Uncodified Ordinance Adopting a Military Equipment Use Policy; 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

NEW BUSINESS

4. WASTEWATER RATE STUDY
Director of Public Works and Planning Brad Donohue presented the staff report. Mayor Fisicaro opened the public comment period at 7:32 p.m. Resident Maureen O’Connor asked a question. The Mayor closed the public comment period at 7:35 p.m. Council discussion followed.

Action: Vice Mayor Gonzalez moved to Approve and Accept the Town of Colma Wastewater Rate Study 2022; the motion was seconded by Council Member del Rosario and carried by the following vote:

Minutes – Regular Meeting 04.27.22 Page 3 of 4

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

5. FY 2022-23 CAPITAL BUDGET
City Manager Brian Dossey, Administrative Services Director Pak Lin and Director of Public Works and Planning Brad Donohue presented the staff report. Mayor Fisicaro opened the public comment period at 8:44 p.m. and seeing no one come forward to speak, she closed the public comment period. Council discussion followed.

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

6. HOUSING ELEMENT UPDATE
City Planner Farhad Mortazavi and Assistant Planner Alvin Jen presented the staff report.

Mayor Fisicaro opened the public comment period at 9:14 p.m. and seeing no one come forward 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
There will be a Special Meeting on Thursday, May 5, 2022 at 10:00 a.m. for an Israeli Flag Raising Ceremony in recognition of Israeli Independence Day.

The next Regular Meeting will be on Wednesday, May 11, 2022 at 7:00 p.m.

REPORTS
City Manager Brian Dossey gave an update on the following topics:
 Next week is Small Business Week; the Chamber of Commerce is hosting business mixers from May 2 through May 5.
 Exciting Sustainability News: PCE awarded the Colma Town Hall Project with 2022 All- Electric Awards – Honorable Mention for the all-electric renovation of the original 1941 building and the new addition that is also powered entirely by renewable energy through the ECO100 plan.
 There will be a Closed Session on May 11, 2022 at 6:30 p.m.

Minutes – Regular Meeting 04.27.22 Page 4 of 4

ADJOURNMENT
Mayor Fisicaro adjourned the meeting at 9:26 p.m.

Respectfully submitted,

Caitlin Corley
City Clerk
Minutes – Special Meeting – 05.05.22 Page 1 of 2

MINUTES

SPECIAL MEETING
City Council of the Town of Colma
Colma Community Center
1520 Hillside Boulevard
Colma, CA 94014
Thursday, May 5, 2022
10:00 A.M.

CALL TO ORDER
Mayor Helen Fisicaro called the meeting to order at 10:09 a.m.

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

Staff Present – City Manager Brian Dossey, City Attorney Chris Diaz, Chief of Police John Munsey, Director of Public Works Brad Donohue, City Clerk Caitlin Corley, and Recreation Manager Angelika Abellana were in attendance.

WELCOME AND INTRODUCTION OF SPECIAL GUESTS
Mayor Fisicaro welcomed everyone and introduced distinguished guests:
• Matan Zamir, Deputy Consul General of the Consulate General of Israel • Benjamin Ruhs, Director of Family Services for Jewish Cemeteries of San Francisco, representing Hills of Eternity, Home of Peace and Salem Memorial Park • Daniel Villa, General Manager of Sinai Memorial Chapel representing Eternal Home Cemetery
• Josh Alpert, Funeral Director of Sinai Memorial Chapel representing Eternal Home Cemetery
• Harmon Shragge Jr., President of the Board of Sinai Memorial Chapel representing Eternal Home Cemetery
P

ROCLAMATION IN HONOR OF JEWISH AMERICAN HERITAGE DAY
Mayor Fisicaro made her opening remarks. She then presented a proclamation in recognition of Jewish American Heritage Month to Matan Zamir, Deputy Consul General of the Consulate General of Israel. Deputy Consul General Zamir thanked the Mayor and Council for the honor and made brief remarks.

RAISING OF THE FLAG OF ISRAEL
The Mayor asked for everyone to stand, and Colma Police Officers raised the Flag of Israel.

Item #3

Minutes – Special Meeting – 05.05.22 Page 2 of 2

ADJOURNMENT
Mayor Fisicaro adjourned the meeting at 10:24 a.m. and invited everyone to stay for coffee and bagels.

Respectfully submitted,

Caitlin Corley
City Clerk
Item #4

Staff Report Motion to Reconfirm Findings Under Resolution No. 2021-33 and AB 361 Page 1 of 3

STAFF REPORT
T
O: Mayor and Members of the City Council
FROM: Christopher J. Diaz, City Attorney
VIA: Brian Dossey, City Manager
MEETING DATE: May 11, 2022
SUBJECT: Motion to Reconfirm Findings and Determinations Under Resolution No. 2021-33 and Assembly Bill 361 for the Continuation of Virtual Meetings

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

MOTION TO RECONFIRM FINDINGS AND DETERMINATIONS UNDER RESOLUTION NO. 2021-33 AND ASSEMBLY BILL 361 FOR THE CONTINUATION OF VIRTUAL MEETINGS

EXECUTIVE SUMMARY
On March 17, 2020, in the face of the COVID -19 pandemic, Governor Gavin Newsom issued Executive Order N -29-20 suspending certain provisions of the Ralph M. Brown Act in order to allow for local legislative bodies to conduct their meetings completely teleph onically or by other electronic means.

The provisions in the Brown Act that were suspended by the Governor’s Executive Order are contained at Government Code Section 54953(b)(3) and require that when teleconferencing is used, outside of a statewide emergency, that the following occur:
• An agenda is required to be posted at all locations, including any teleconference locations • Each teleconference location must be identified on the actual agenda • Each teleconference location shall be accessible to the public • A quorum of the legislative body must be in the jurisdiction With the Governor’s Executive Order, the four above requirements were suspended allowing councilmembers to not have to post an agenda at their teleconference location, not have to identify their location on the meeting agenda, not have to ensure public accessibility at the teleconference location, and the legislative body did not need a quorum in the jurisdiction. As the Item #5
Staff Report Motion to Reconfirm Findings Under Resolution No. 2021-33 and AB 361 Page 2 of 3 City Council is well aware, this allowed City Council meetings to be conducted by Zoom with councilmembers, staff, and the public, all joining from remote virtual locations.

The suspension of certain provisions of the Brown Act was further extended by the Governor on June 11, 2021 by the issuance of Executive Order N-08-21 which continued to allow for complete virtual meetings until September 30, 2021.

With the expiration of the Governor’s Executive Order along with the uncertainty that surrounded the Governor’s potential recall, the State Legislature also took the remote meeting issue into its own hands through the adoption of Assembly Bill 361, which is explained more in depth in the Analysis section below.

On October 13, 2021 the City Council adopted Resolution No.2021-33 making findings under AB 361 that state or local officials continue to recommend social distancing measures to prevent the spread of COVID -19 and including reference in particular to Cal -OSHA regulation 3205, which recommends physical distancing in the workplace. By motion and majority vote, the City Council may renew the findings of Resolution No. 2021-33 to continue to hold virtual meetings pursuant to AB 361.

ANALYSIS
On September 16, 2021, the Governor signed AB 361, which allows legislative bodies to meet virtually provided there is a state of emergency declared by the Governor, and either:
(1) state or local officials have imposed or recommended measures to promote social distancing; or

(2) the legislative body determines by majority vote that meeting in person would present imminent risks to the health and safety of attendees.

The Governor by executive order signed on September 20, 2021, suspended the effective date of AB 361 to October 1, 2021. As a result, if the City desires to have virtual meetings on or after October 1, 2021, it must do so consistent with the requirements of AB 361.

AB 361 preserves many of the provisions of the earlier executive orders, including the suspension of the four teleconferencing requirements noted above, while also adding new requirements to the management of rem ote and teleconference public meetings in order to better achieve the levels of transparency that the Brown Act demands. Specifically, AB 361 imposes two new rules on remote public meetings:

1. Local governments and agencies hosting teleconference meetings in lieu of traditional in- person public meetings must permit direct public comment during the teleconference, and must leave open the opportunity for public comment until the comment period for a given item is closed during the ordinary course of the meeting. The opportunity to make public comment must be of a sufficient duration so as to allow actual public participation.

2. Any action by the governing body during a public teleconference meeting must occur while the agency is actively and successfully broadcasting to members of the public through a call-in option or an internet -based service option. If a technical disruption within the Staff Report Motion to Reconfirm Findings Under Resolution No. 2021-33 and AB 361 Page 3 of 3 agency’s control prevents members of the public from either viewing the meeting of the public agency, or prevents members of the public from offering public comment, the agency must cease all action on the meeting agenda until the disruption ends and the broadcast is restored. Action taken during an agency-caused disruption may be challenged as a violation of the Brown Act.

In order to continue to qualify for AB 361’s waiver of in-person meeting requirements, the City Council must, within thirty (30) days of its first meeting under AB 361, and every thirty (30) days thereafter, make findings that (a) state or local officials continue to recommend measures to promote social distancing, or that (b) an in-person meeting would constitute an imminent risk to the safety of attendees.

The above conditions continue to exist at this time, and staff recommends the City Council by motion reconfirm the findings and determinations made in Resolution No. 2021-33 so that the City Council may continue to meet virtually under AB 361.

Lastly, it is important to note that AB 361 is option al. If the City Council wishes, it may meet in person. In addition, hybrid meetings are permissible where Council attends in person and the public attends remotely via Zoom.

FISCAL IMPACT
The City Council’s motion to continue with virtual meetings will maintain the status quo and no financial impact is anticipated.

ENVIRONMENTAL ISSUES
The City Council’s approval of a motion to reconfirm findings does not constitute a project under the California Environmental Quality Act (CEQA) Guideline 15378(b)(5) as it constitutes an organizational or administrative activity of the government that will not result in direct or indirect physical changes in the environment. Further, virtual meetings are likely to reduce certain impacts associated with vehicular travel related to in-person public meetings.

RECOMMENDATION
Move to reconfirm the findings and determinations made in Resolution No. 2021- 33 and under Assembly Bill 361 for the continuation of virtual meetings.

Ord. ____, Military Use Policy (Introduced 04.27.22) Page 1 of 4 ORDINANCE NO. ___

OF THE CITY COUNCIL OF THE TOWN OF COLMA
A

N UNCODIFIED ORDINANCE ADOPTING

A MILITARY EQUIPMENT USE POLICY
T
he City Council of the Town of Colma does ordain as follows:

ARTICLE 1. FINDINGS, PURPOSE AND AUTHORITY
The City Council of the Town of Colma finds:
(a) O n September 30, 2021 Governor Newsom signed a series of policing reform legislation items into law. These laws are aimed at increasing police transparency, and Assembly Bill (“AB”) 481 in particular requires law enforcement agencies to adopt a special or military equipment use policy (“Policy”) prior to taking certain actions relating to the funding, acquisition, or use of military equipment as defined by the law. The Policy must be adopted by ordinance at a regular meeting of the governing body (the City Council) for that agency; and (b) AB 481 requires adoption of the Policy before the law enforcement agency can take action to request military equipment as defined by the statute; seek funds (such as grants or in -kind donations) for acquiring military equipment; actually acquire military equipment, either permanently or temporarily by owning, borrowing, or leasing; collaborate with other law enforcement agencies to deploy or use military equipment in the agency’s territorial jurisdiction; use new or existing military equipment in a manner not previously subject to AB 481’s scope; solicit or respond to a proposal for, or enter into an agreement with, any person or entity to seek funds for, apply for, acquire, use, or collaborate in using military equipment; or to acquire military equipment through any other means not specifically detailed in the statute; and (c) T o continue to use military equipment acquired prior to January 1, 2022, the law enforcement agency must commence the process of adopting the Policy no later than May 1, 2022; and
(d) I n accordance with AB 481, the proposed Policy has been made available on the Police Department’s website within 30 days of the public hearing by the City Council to adopt the Policy.

Once adopted, the Policy will be made publicly available on the Police Department’s website for as long as the covered military equipment is available for use; and (e) I n accordance with AB 481, the Policy is being placed on the agenda as an open session item at a regular meeting of the City Council, and public comment on the item will be allowed in accordance with the Brown Act; and
(f) T his Ordinance shall be reviewed by the City Council at least annually, and based on an annual military equipment report that must be submitted to the City Council pursuant to AB 481, the City Council shall determine whether each type of military equipment identified in the report has complied with the standards for continued approval. If the City Council cannot make such a determination, it shall either disapprove a renewal of the authorization for that type of equipment, or require modifications to the Policy in a manner to resolve the lack of compliance.

Item #6
Ord. ____, Military Use Policy (Introduced 04.27.22) Page 2 of 4 Pursuant to Government Code § 7071(d)(1), as may be amended or renumbered from time to time, the City Council hereby makes the following findings in support of its adoption of the Policy:
(1) The military equipment identified in the Policy is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. (2) The proposed Policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.
(3) If the Police Department purchases military equipment pursuant to the Policy, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use po licy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

In accordance with AB 481, the Policy attached hereto as Exhibit “A” and incorporated in full by reference is hereby adopted by the City Council.

ARTICLE 8
. SEVERABILITY
If any section, subsection, subdivision, paragraph, sentence, clause or phrase added by this ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses or phrases are declared unconstitutional, invalid or ineffective.

ARTICLE 9. CEQA COMPLIANCE
The City Council finds that the changes made to the Codes are exempt from environmental review requirements pursuant to California Environmental Quality Act ("CEQA") Section 15378(b)(5) because adoption of this Ordinance is not a project. The Ordinance is an o rganizational or administrative activity of the government that will not result in direct or indirect physical changes in the environment.

ARTICLE 10. EFFECTIVE DATE
This ordinance shall take effect30 days after adoption. //
//
//
Ord. ____, Military Use Policy (Introduced 04.27.22) Page 3 of 4 Certification of Adoption
I certify that the foregoing Ordinance No. ___ was duly introduced at a regular meeting of the City Council of the Town of Colma held o n April 27, 2022, and adopted at a regular meeting of the City Council of the Town of Colma held on _________, 2022, by the following vote:

Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
Helen Fisicaro, Mayor
Diana Colvin
Raquel Gonzalez

Joanne F. del Rosario
John Irish Goodwin
Voting Tally

Dated: ____________________ _____________________________________ Helen Fisicaro, Mayor

Attest: ______________________________
Caitlin Corley, City Clerk

Ord. ____, Military Use Policy (Introduced 04.27.22) Page 4 of 4 Exhibit A
Colma Police Department Military Equipment Policy Attached Copyright Lexipol, LLC 2022/01/20, All Rights Reserved.

Published with permission by Colma Police Department
Military Equipment - 1
Colma Police Department
Colma PD Policy Manual
Military Equipment
706.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment pursuant to Assembly Bill 481 (“AB 481”) (Government Code § 7070; Government Code § 7071; Government Code § 7072).
706.1.1 DEFINITIONS
Definitions related to this policy, pursuant to Government Code § 7070, include the following:

Governing body – The Town of Colma City Council (“City Council”).

Law enforcement agency – The Town of Colma’s Police Department.

Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue handguns.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.

Policy
706
Exhibit A
Colma Police Department
Colma PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/01/20, All Rights Reserved. Published with permission by Colma Police Department Military Equipment - 2

706.2 POLICY
It is the policy of the Colma Police Department that members of this department comply with the provisions of AB 481 with respect to military equipment.

706.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the City Council for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of the Colma Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department’s funding, acquisition, and use of military equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.

706.4 MILITARY EQUIPMENT INVENTORY
A list of equipment currently held by the Department or in coordination with another local agency is attached to this policy as Exhibit “A” and incorporated into this policy by reference. The inventory list will be updated each year as part of the annual report required pursuant to AB 481. 706.5 MILITARY EQUIPMENT USAGE GUIDELINES
The Colma Police Department recognizes that critical incidents are unpredictable and can be very dynamic in nature. A variety of military equipment options can greatly assist incident commanders, officers, and specific units in bringing those incidents to a swift resolution in a safe manner. The use of military equipment is restricted for use only in certain instances and in some cases only by certain units. While this procedure is wide-ranging, it is not all inclusive. There may be instances wherein unpredictable critical incidents demand the need for incident commanders to authorize military equipment to be used in a manner not outlined within this procedure. In scrutinizing those particular instances, the judgment of the incident commander influenced by the totality of the circumstances, public safety, officer safety, civil rights, and information available at the time will be used.

Colma Police Department
Colma PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/01/20, All Rights Reserved. Published with permission by Colma Police Department Military Equipment - 3

It is incumbent upon incident commanders, supervisors, individual officers, and specific units to recognize the particular circumstances wherein military equipment should be employed to enhance the safety of the public and officers, and to bring a critical incident to a safe resolution.

Exhibit A identifies the various types, descriptions, and guidelines for usage of military equipment currently employed by the Colma Police Department.

Please note that all manufacturer descriptions contained within Exhibit A are referenced via publicly accessible website source citations. The website source citations utilized in this policy are for military equipment descriptive purposes only, and are not an endorsement by the Town or the Colma Police Department of a particular product or vendor. 706.6 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the City Council by way of an ordinance adopting this military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the City Council prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the City Council.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above.

706.7 COORDINATION WITH OTHER JURISDICTIONS
Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy.

706.8 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the City Council for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

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The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. “Type” of military equipment is defined to mean “each item that shares the same manufacturer model number.” (Government Code § 7070(f).)

706.9 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.

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Exhibit “A”

Military Equipment Inventory

Equipment Owned and Utilized by Colma Police Department

Equipment Type: Semiautomatic Patrol Rifles and Projectiles - CA Gov’t Code §7070(c)(10) Quantity Owned/Sought: 10 owned Lifespan: Approximately 15 years or 20,000 rounds
Equipment Capabilities: The Colt M4 Carbine (AR-15) semi-automatic rifle fires 5.56 x 45mm (.223 caliber) ammunition and is capable of firing at greater distances and with greater accuracy than Department issued pistols.

Manufacturer Product Description: Colt M4 Carbine (AR-15): Built for the demanding use of those who protect our communities every day, the Colt M4 Carbine Patrol Rifle is the next evolution in the world's most dependable, thoroughly field-tested patrol rifle. It is a lightweight, magazine-fed, gas-operated semi-automatic rifle. It is the semi-automatic version of the M16 rifle sold for the civilian and law enforcement markets in the United States. The Colt M4 Carbine Patrol Rifle reestablishes the Colt AR-15® as the finest tool for local, regional, and national law enforcement agencies. .

Purpose/Authorized Uses: Officers may deploy the patrol rifle in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed.

Fiscal Impacts: The cost of the rifles, magazines, optics, slings, and accessories was approximately $22,000. The rifles and associated equipment/accessories have been purchased in batches at different times and for different costs as needed to replace damaged/outdated equipment.

Legal/Procedural Rules Governing Use: All applicable Local, State, and Federal laws governing police use of force. All applicable Colma Police Department Policies on Use of Force and Firearms.

Training Required: Officers must successfully complete a CA POST certified 24-hour patrol rifle course as well as annual Department firearms training and qualifications as required by law and policy.

Other Notes: These rifles are standard issue service weapons for our officers and therefore exempt from this Military Equipment Use Policy per CA Gov’t Code §7070 (c)(10). They have been included in this document in an abundance of caution and in the interest of transparency.

Equipment Type: 40mm Launchers and Kinetic Energy Munitions - CA Gov’t Code §7070(c)(14)
Quantity Owned/Sought: 2 owned Lifespan: Approximately 15 years Equipment Capabilities: The Defense Technology 40mm LMT is a single-shot launcher capable of firing 40mm kinetic energy munitions, also commonly referred to as specialty impact munitions (SIM), which are less-lethal projectiles. The Colma Police Department does not utilize the device to insert chemical agents.

Manufacturer Product Description: Defense Tech 40mm LMT Single Launcher:

Manufactured exclusively for Defense Technology®, the 40LMTS is a tactical single shot launcher that features an expandable ROGERS Super Stoc and an adjustable Integrated Front Grip (IFG) with light rail. The ambidextrous Lateral Sling Mount (LSM) and QD mounting systems allow both a single and two-point sling attachment. The 40LMTS will fire standard 40mm less lethal ammunition, up to 4.8 inches in cartridge length. The Picatinny Rail Colma Police Department
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Mounting System will accept a wide array of enhanced optics/sighting systems.

Defense Tech Exact Impact 40mm Standard Range Sponge Round: The eXact iMpact™ 40 mm Sponge Round is a point-of-aim, point-of-impact direct-fire round. This lightweight, high- speed projectile consists of a plastic body and sponge nose that is spin stabilized via the incorporated rifling collar and the 40 mm launcher’s rifled barrel. The round utilizes smokeless powder as the propellant, and, therefore, have velocities that are extremely consistent. Used for Crowd Control, Patrol, and Tactical Applications.

Purpose/Authorized Uses: The 40mm Launchers, kinetic energy munitions, are intended for use as a less-lethal force response option.

Fiscal Impacts: The initial cost of the 40mm launchers and optics was approximately $3,280.

Maintenance is conducted by trained and authorized Departmental staff. The ongoing costs for munitions will vary.

Legal/Procedural Rules Governing Use: All applicable Local, State, and Federal laws governing police use of force. All applicable Colma Police Department Policies on Use of Force and Firearms.

Training Required: Officers must complete a department 40mm course as well as regular training and qualifications as required by law and policy.

Equipment Type: OC Pepper Ball Launcher and Ammunition - CA Gov’t Code §7070(c)(12) Quantity Owned/Sought: 2 owned Lifespan: Varies on weather and storage conditions

Manufacturer Product Description: The Variable Kinetic System is a multi-payload, long- range, semi-automatic launcher with adjustable kinetics. Because it mirrors the AR-15 platform, many departments find that it’s easy to adopt and integrate this less lethal platform into their arsenal of resources. Weight: 6.2lbs/2.8kg Caliber: .68 Length: 31"/78cm Height:
13"/33cm Action: Semi-auto Power: HPA Capacity: 10/15/180* Kinetic Impact: 7.3-20.6ft lb/10-28J
Features: Solid Reinforced Construction • Round and VXR™ Projectile Compatible Magazine • Feeds 20+ Projectiles Per Second with EL-2™ Hopper • No Recoil • Flip Safety Switch • SplitShot™ Compatible • MIL-STD-1913 Rail Platform • Maximum Range of 150ft Dual Feed System: The dual feed allows the user to quickly switch between “Hopper Mode” and “Magazine Mode” during an operation for optimum versatility. Dual Air System: Choose between the HPA butt-stock 13ci tank or remote airline to tank of choice.

Ammunition: LIVE, The basic PepperBall® projectile, it contains 2% PAVA, and is excellent for direct impact and area saturation, especially in confined, interior spaces. LIVE – X, Our most potent and powerful concentration of PAVA pepper powder. One round of LIVE-X™ contains the equivalent PAVA irritant chemical agent in 10 regular PepperBall® LIVE™ rounds.

Purpose/Authorized Uses: OC Pepper Ball applications are intended for use as a less-lethal force response option. They can be deployed by trained Department personnel for purposes and situations where lesser means are reasonably believed to be ineffective or involve substantial more risk to Department personnel.

Fiscal Impacts: The cost of the system is approximately $3100. There are no associated maintenance costs.

Legal/Procedural Rules Governing Use: All applicable Local, State, and Federal laws Colma Police Department
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governing police use of force. All applicable Colma Police Department Policies on Use of Force.

Training Required: Officers must complete a department course as well as regular training and qualifications as required by law and policy.

Equipment Owned and Utilized by Daly City Police Department’s Regional SWAT TEAM

Equipment Type: Unmanned Aircraft Systems (UAS/Drones) – CA Gov’t Code §7070(c)(1) Quantity Owned/Sought: 2 owned Lifespan: Approximately 5 years Equipment Capabilities: Remotely piloted aerial vehicles capable of providing live and recorded video images captured from aerial positions, including images enhanced by optical zoom lenses.

Manufacturer Product Description: DJI Phantom 4 Pro V2: Featuring a 1-inch CMOS sensor that can shoot 4K/60fps videos and 20MP photos, the Phantom 4 Pro V2.0 grants filmmakers absolute creative freedom. The OcuSync 2.0 HD transmission system ensures stable connectivity and reliability, five directions of obstacle sensing ensure additional safety, and a dedicated remote controller with a built-in screen grants even greater precision and control. [1] A wide array of intelligent features makes flying that much easier. The Phantom 4 Pro V2.0 is a complete aerial imaging solution, designed for the professional creator.

The onboard camera features a 1-inch 20MP CMOS sensor and a mechanical shutter, eliminating rolling shutter distortion. An advanced sensor and impressive processing capture every detail and provide the image data needed for advanced post-production.

The Phantom 4 Pro V2.0 camera has an optimized f/2.8 wide-angle lens, ensuring consistently detailed photos and videos that remain vivid and sharp while maintaining color accuracy.

Purpose/Authorized Uses: UAS/Drones may be utilized to enhance the Department’s mission of protecting lives and property when other means and resources are not available or are less effective. Current uses for the UAS/Drones include traffic collision investigations and/or urgent community safety needs.

Fiscal Impacts: The initial costs of equipment, licensing, software and training was approximately $17,830. Ongoing costs associated with UAS operation and maintenance is estimated to be approximately $300 per year.

Legal/Procedural Rules Governing Use: Any use of a UAS will be in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations. The use of the UAS potentially involves privacy considerations. Absent a warrant or exigent circumstances, operators and observers shall adhere to FAA altitude regulations and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure). Operators and observers shall take reasonable precautions to avoid inadvertently recording or transmitting images of areas where there is a reasonable expectation of privacy. Reasonable precautions can include, for example, deactivating or turning imaging devices away from such areas or persons during UAS operations.

Training Required: Prior to piloting any UAS/Drone, staff members must secure an FAA Remote Pilot License and complete all training required by the FAA.

Other Notes: None.

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The Phantom 4 Pro V2.0 camera has an optimized f/2.8 wide-angle lens, ensuring consistently detailed photos and videos that remain vivid and sharp while maintaining color accuracy.

Training Required: Prior to piloting any UAS/Drone, staff members must secure an FAA Remote Pilot License and complete all training required by the FAA.

Other Notes: None.

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Equipment Type: Unmanned, remotely piloted, powered ground vehicles - CA Gov’t Code §7070(c)(1)
Quantity Owned/Sought: 1 owned Lifespan: Approximately 7-10 years Equipment Capabilities: The Robotex Avatar II is a small robotic vehicle capable of being remotely navigated through a variety of environments to provide scene information and intelligence in the form of video and still images transmitted to the user.

Manufacturer Product Description: The Avatar® II is a compact, lightweight robotic platform that is part of the RoboteX Avatar® Series. Designed from the ground up for portability, expandability, and ease-of-use, the Avatar® II serves as a useful tool for a variety of users.

The Avatar® II can be customized with a variety of plug-and-play accessories. These accessories facilitate use of the robot in a variety of scenarios, including CBRNE, EOD, and personal security settings. Visit www.robotex.com/build-a-robot or contact your Account Manager for more information.

Purpose/Authorized Uses: To enhance the safety of potentially dangerous situations by providing first responders with the ability to capture video and still images of hazardous areas prior to, or in lieu of, sending in personnel.

Fiscal Impacts: The initial cost of this equipment was approximately $12,500. There are no ongoing costs associated with its operation and maintenance.

Legal/Procedural Rules Governing Use: The use of unmanned, remotely piloted, powered ground vehicles potentially involves privacy considerations. Absent a warrant or exigent circumstances, operators and observers shall adhere to all applicable privacy laws and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure).

Training Required: The Daly City Police Department SWAT Team provides internal training for officers before they are permitted to pilot this robotic vehicle.

Other Notes: None.

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owned
Lifespan: Varies on usage
Equipment Capabilities: The Lenco Bearcat G1 is a tactical armored vehicle capable of transporting 8-10 officers and equipment during tactical and recovery operations, offering ballistic protection and other features to enhance the safety of involved personnel during potential high-risk tactical and recovery operations.

Manufacturer Product Description: The Lenco BearCat G1 is the standard tactical armored vehicle for special operations units within the US Law Enforcement community. Since the early 2000s, agencies such as LAPD, LASD SEB, NYPD ESU, Boston PD and hundreds of Federal, State and Local Law Enforcement agencies have made the BearCat G1 part of their standard operating procedure. The G1 has excellent on-road driving characteristics and maneuverability in tight urban settings. The large floor plan seats 8 – 10 fully equipped officers with a long list of tactical features only found on the Lenco BearCat line of armored SWAT vehicles.

Purpose/Authorized Uses: To enhance the safety and tactical advantage of officers and support personnel during potentially dangerous situations or high-risk tactical operations.

Fiscal Impacts: The Lenco Bearcat G1 is owned and maintained by San Mateo County Office of Emergency Service. It was not purchased or funded by the Daly City Police Department, however it is stored and used primarily by officers of the Daly City Police Department. The only ongoing costs incurred by the Daly City Police Department are for fuel, which varies depending on usage.

Legal/Procedural Rules Governing Use: The Daly City Police Department recognizes the use of armored vehicles during law enforcement operations can potentially startle members of the general public or create a sense of fear amongst the community. As such, the use of the armored vehicle is limited to SWAT Team operations or other law-enforcement responses or events that are considered high-risk. Special consideration is given in analyzing the risk factors associated with the intended operation or event with the need for the added protection offered by the armored vehicle. During specific community events, the armored vehicle can be used as a static display when appropriate and when authorized by the SWAT Commander.

Drivers shall adhere to all applicable State and Local laws governing emergency vehicle use.

Training Required: The Daly City Police Department SWAT Team provides internal training for officers before they are permitted to drive this armored vehicle.

Other Notes: None.

Purpose/Authorized Uses: Officers may deploy the patrol rifle in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the patrol rifle may include but are not limited to:

1. Situations where the officer reasonably anticipates an armed encounter.

2. When an officer is faced with a situation that may require accurate and effective fire at distances beyond the effective range of a duty pistol.

3. Situations where an officer reasonably expects the need to meet or exceed a suspect's firepower.

4. When an officer reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage.

5. When an officer reasonably believes that a suspect may be wearing body armor.

6. When authorized or requested by a supervisor.

Fiscal Impacts: The cost of the rifles, magazines, optics, slings, and accessories was approximately $132,000. The rifles and associated equipment/accessories have been purchased in batches at different times and for different costs as needed to replace damaged/outdated equipment. This figure is an approximate total cost for patrol rifles and associated equipment currently possessed by the Daly City Police Department. Maintenance is conducted by trained and authorized Departmental staff. The ongoing costs for ammunition will vary.

Legal/Procedural Rules Governing Use: All applicable Local, State, and Federal laws governing police use of force. All applicable Daly City Police Department Policies on Use of Force and Firearms.

Training Required: Officers must successfully complete a CA POST certified 24-hour patrol rifle course as well as annual Department firearms training and qualifications as required by law and policy.

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Copyright Lexipol, LLC 2022/01/20, All Rights Reserved. Published with permission by Colma Police Department Military Equipment - 12 Equipment Type: Bolt-Action Sniper Rifles and Ammunition - CA Gov’t Code §7070(c)(10) Quantity Owned/Sought: 5 owned Lifespan: Approximately 15 years or 10,000 rounds
Equipment Capabilities: The Remington 700 Sniper Rifle is a bolt-action, precision-fire weapon system that fires 7.62 x 51mm (.308 caliber) ammunition. It is capable of firing at greater distances and with great accuracy than Department issued patrol rifles. The five rifles owned by the Department are outfitted with high-powered adjustable magnification optics for observation and targeting.

Manufacturer Product Description: Remington Model 700: The Remington® Model 700® Bolt-Action Rifle is enhanced to hit targets at long ranges. At the heart of this specialized long-range rifle is the famous Model 700 action that has been proven for reliability and precision accuracy in combat with the U.S. Army's M24 sniper rifle. The Model 700 Long Range rifle comes with a tactical stock made of solid urethane combined with aramid, graphite, and fiberglass. The barreled receiver is bedded with an aluminum block, and the heavy-contoured barrel is free-floated, providing excellent accuracy and minimal shift in zero caused by changes in the environment. The non-reflective stock and exterior metal blend in with a wide range of environments. The 2-position safety at the rear of the action is quick to operate with the thumb and can also be gripped with the forefinger and thumb and moved extra quietly to the fire position. The Remington Model 700 Long Range Bolt-Action Rifle comes drilled and tapped for scope mounts. An extra sling swivel stud on the fore-end provides an attachment point for a bipod.

Purpose/Authorized Uses: This rifle is authorized for use by trained SWAT Sniper Team Operators. SWAT Sniper Team Operators may deploy this rifle in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the rifle may include, but are not limited to:

1. Situations where the officer reasonably anticipates an armed encounter.

2. When the officer is faced with a situation that may require accurate and effective fire at long range.

3. Situations where an officer reasonably expects the need to meet or exceed a suspect's firepower.

4. When an officer reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage.

5. When an officer reasonably believes that a suspect may be wearing body armor.

6. When authorized or requested by a supervisor.

Fiscal Impacts: The five rifles were initially purchased by the Daly City Police Department prior to 2005 for approximately $5,000. In 2016, the Department had all five rifles rebuilt for approximately $10,100 after exceeding their lifespan of 10,000 rounds. In 2020, the Department purchased five Leupold scopes for the rifles for approximately $9,250. Basic maintenance is conducted by trained and authorized Departmental staff. The ongoing costs for ammunition will vary.

Legal/Procedural Rules Governing Use: All applicable Local, State, and Federal laws governing police use of force. All applicable Daly City Police Department Policies on Use of Force and Firearms.

Training Required: In addition to the Patrol Rifle Course and Basic SWAT Operator training, SWAT Snipers must successfully complete a CA POST certified Basic Sniper Course as well as regular SWAT Sniper training and qualifications as required by law and policy.

Other Notes: The Daly City Police Department presently employs five trained and qualified SWAT Snipers who are authorized to use this rifle.

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Copyright Lexipol, LLC 2022/01/20, All Rights Reserved. Published with permission by Colma Police Department Military Equipment - 13 Equipment Type: Breaching apparatuses explosive in nature - CA Gov’t Code §7070(c)(7) Quantity Owned/Sought: 2 owned Lifespan: Approximately 15 years Equipment Capabilities: The Royal Arms Breaching Shotgun is capable of firing 12-gauge shotgun ammunition. It is a compact and modified version of the Remington 870 platform designed for breaching purposes. It is specifically intended to fire frangible compressed copper slugs to breach doorway locking mechanisms while minimizing overpenetration or risk of injury to persons in close proximity to the doorway or lock.

Manufacturer Product Description: Royal Arms Breaching Shotgun starts out with the tried- and-true Remington 870 Police Model 12 Ga Shotgun as its base. We then completely modify it with our custom CNC machined parts to be the ultimate Breaching Shotgun. Royal Arms invented the Breachers and Breaching shotguns, why settle for an imitation or knock off when you can buy the best American Made Breaching Shotgun for all Tactical Operators and discerning individuals.

Royal Arms Tesar-2 Black Cap Slugs: 425 grain compressed copper slug, frangible.

Slug Material: Copper powder. Velocity: 1,525 feet per second. Use: For metal doors, locks, and hinges. Defeats: Heavy locks, dead-bolts and hinges (solid oak – steel doors).

Purpose/Authorized Uses: The breaching shotguns are intended for use as a breaching option during tactical entry into a dwelling or other enclosed space when other breaching options have failed, or when authorized by a supervisor.

Fiscal Impacts: The initial cost of the two Royal Arms Breaching Shotguns were approximately $2,300. Maintenance is conducted by trained and authorized Departmental staff. The ongoing costs for breaching munitions will vary.

Legal/Procedural Rules Governing Use: All applicable Local, State, and Federal laws governing police use of force. All applicable Daly City Police Department Policies on Use of Force and Firearms.

Training Required: Officers must complete a CA POST certified Tactical Breacher Course as well as ongoing Department SWAT Training.

Other Notes: None.

Refer to “Tear Gas and Chemical Agents” page for further details on these munitions. The Daly City Department has outfitted the launchers with Trijicon optics for aiming and targeting purposes.

Manufacturer Product Description: Defense Tech 40mm LMT Single Launcher:

Manufactured exclusively for Defense Technology®, the 40LMTS is a tactical single shot launcher that features an expandable ROGERS Super Stoc and an adjustable Integrated Front Grip (IFG) with light rail. The ambidextrous Lateral Sling Mount (LSM) and QD mounting systems allow both a single and two-point sling attachment. The 40LMTS will fire standard 40mm less lethal ammunition, up to 4.8 inches in cartridge length. The Picatinny Rail Mounting System will accept a wide array of enhanced optics/sighting systems.

Purpose/Authorized Uses: The 40mm Launchers, kinetic energy munitions, and chemical agent munitions are intended for use as a less-lethal force response option.

Fiscal Impacts: The initial cost of the 40mm launchers and optics was approximately $8,200.

Maintenance is conducted by trained and authorized Departmental staff. The ongoing costs for munitions will vary.

Legal/Procedural Rules Governing Use: All applicable Local, State, and Federal laws governing police use of force. All applicable Daly City Police Department Policies on Use of Force and Firearms.

Training Required: Officers must complete a department 40mm course as well as regular training and qualifications as required by law and policy. Chemical agent munitions for the 40mm launcher are only authorized for use by Department SWAT team members and Crowd Control Unit personnel after completion of Department training by CA POST certified Chemical Agent Instructors.

Other Notes: The Daly City Police Department presently employs four trained and qualified Chemical Agent Instructors who are authorized to train SWAT Team members and Crowd Control Unit personnel on the use of chemical agent munitions with the 40mm launcher.

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Quantity Owned/Sought: 39 owned Lifespan: Approximately 15 years Equipment Capabilities: The Remington 870 Police Magnum is capable of firing 12-gauge shotgun ammunition. These shotguns were previously in service at the Daly City Police Department as lethal force options but were converted into less-lethal shotguns using Hogue 870 conversion kits. All Remington 870 shotguns currently owned by the Department are less-lethal shotguns, 37 of which are used to deploy bean bag rounds only. The bean bag shotgun is capable of firing 12-gauge kinetic energy munitions, which are less-lethal projectiles. Specifically, the kinetic energy munitions used in these shotguns are drag stabilized bean bags that are propelled out of a 12-gauge cartridge.

Two of the less-lethal shotguns have been equipped with a launching apparatus on the muzzle that enables certain less-lethal chemical agents to be deployed from the shotgun, described elsewhere under “Tear Gas and Chemical Agents.” Manufacturer Product Description: The Remington Model 870 Police Magnum is a pump- action 12-gauge shotgun. Featuring an ultra-durable parkerized matte finish, synthetic stocks, 18-inch barrel with front sight and a 4-round magazine.

Hogue 870 Conversion Kit: Hogue rubber grips are molded from durable synthetic rubber that is neither spongy nor tacky yet provides a soft recoil absorbing feel without affecting accuracy. This modern rubber requires a completely different molding process than ordinary neoprene, resulting in a superior grip. The flexibility of our materials and molding process has allowed us to produce rubber grips with features that outperform all other makes.

Safariland Drag Stabilized Bean Bag: The Drag Stabilized™ 12-Gauge Round is a translucent 12-Gauge shell loaded with a 40-Gram tear shaped bag made from a cotton and ballistic material blend and filled with #9 shot. This design utilizes four stabilizing tails and utilizes smokeless powder as the propellant. The 12-Gauge Drag Stabilized Round has secured its place as the Law Enforcement Communities’ number one choice for specialty impact munitions. This round has a velocity of 270 fps with a maximum effective range of 75 feet.

Purpose/Authorized Uses: The bean bag shotguns and kinetic energy munitions are intended for use as a less-lethal force response option.

Fiscal Impacts: The initial cost of the Remington 870 Police Magnum shotguns were approximately $15,600. The cost to convert them to less-lethal bean bag shotguns was approximately $3,120. Maintenance is conducted by trained and authorized Departmental staff. The ongoing costs for munitions will vary.

Legal/Procedural Rules Governing Use: All applicable Local, State, and Federal laws governing police use of force. All applicable Daly City Police Department Policies on Use of Force and Firearms.

Training Required: Officers must complete a Department Less-lethal Shotgun course as well as regular training and qualifications as required by law and policy. Launchable chemical agent grenades for the less-lethal shotguns outfitted with the appropriate launching apparatus are only authorized for use by Department SWAT team members and Crowd Control Unit personnel after completion of Department training by CA POST certified Chemical Agent Instructors.

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Copyright Lexipol, LLC 2022/01/20, All Rights Reserved. Published with permission by Colma Police Department Military Equipment - 16 Equipment Type: “Tear Gas” and Chemical Agents - CA Gov’t Code §7070(c)(12) Quantity Owned/Sought: 154 owned Lifespan: Varies on weather and storage conditions
Equipment Capabilities: Chemical agents, sometimes referred to as “tear gas” or riot control agents, are less-lethal chemical compounds that temporarily induce discomfort to an individual in the form of one or more of the following: Irritation to the skin, eyes, mouth, throat, and lungs. The goal of which is to gain compliance, dispersal, or direct the movement of one or more individuals.

The Daly City Police Department owns multiple types of chemical agents in various forms, totaling 154 individual units at present. The units are expendable items; therefore, the quantities will vary. Each chemical agent type has different capabilities. The types and manufacturers are as follows:

 Defense Technologies Spede-Heat CS gas grenade, 81.2g, 20-40 second burn time  Defense Technologies Flameless Tri-Chamber CS gas grenade, 20.0g, 20-30 second burn time
 Combined Tactical Systems Indoor Baffled CS gas grenade, 25.0g, 20-40 second burn time, launchable through outfitted less-lethal shotgun apparatus, requires specific blank 12 gauge launching cartridge manufactured by Combined Tactical Systems
 Defense Technologies 40mm Liquid Ferret Round, liquid CS projectile dispersed upon impact, 8.0g, launchable though 40mm launcher
 Defense Technologies Pocket Tactical CS gas grenade, 20.0g, 20-40 second burn time
 Defense Technologies Maximum Smoke HC (Hexachloroethane) grenade, smoke screen, 1 ½ -2 minute burn time
 Defense Technologies Triple-Chaser, CS gas canister, 90.7g, 20-30 second burn time

Manufacturer Product Description:

Defense Tech Spede-Heat CS Grenade: The Spede-Heat™ CS Grenade is a high volume, continuous burn it expels its payload in approximately 20-40 seconds. The payload is discharged through four gas ports on top of the canister, three on the side and one on the bottom. This launchable grenade is 6.12 in. by 2.62 in. and holds approximately 2.9 oz. of active agent.

Defense Tech Flameless Tri-Chamber CS Grenade: The design of the Tri-Chamber Flameless CS Grenade allows the contents to burn within an internal can and disperse the agent safely with reduced risk of fire. The grenade is designed primarily for indoor tactical situations to detect and/or dislodge a barricaded subject. This grenade will deliver approximately .70 oz. of agent during its 20-25 seconds burn time. The Tri-Chamber Flameless Grenade can be used in crowd control as well as tactical deployment situations by Law Enforcement and Corrections but was designed with the barricade situation in mind. Its applications in tactical situations are primarily to detect and/or dislodge barricaded subjects.

The purpose of the Tri-Chamber Flameless Grenade is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous subjects. The Tri-Chamber Flameless Grenade provides the option of delivering a pyrotechnic chemical device indoors, maximizing the chemicals’ effectiveness via heat and Colma Police Department
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Copyright Lexipol, LLC 2022/01/20, All Rights Reserved. Published with permission by Colma Police Department Military Equipment - 17 vaporization, while minimizing or negating the chance of fire to the structure. The Tri- Chamber Flameless Grenade is NOT to be launched utilizing a launching cup.

Combined Tactical Systems Indoor Baffled CS Grenade: Pyrotechnic grenade designed for indoor use delivering a maximum amount of irritant smoke throughout multiple rooms with minimal risk of fire.

Combined Tactical Systems 12 gauge Launching Cartridge: The Model 2600 Launching Cartridge is a 12-gauge cartridge much shorter than standard full-sized 12-gauge cartridges.

Therefore, to prevent weapon malfunctions, each cartridge must be manually loaded into the chamber for each shot. Effective range is dependent on the launching cup, launcher, and weight of munitions being launched. The baseline for performance of a Model 2600 Launching Cartridge is that it will launch a Model 9230 CS Grenade a minimum of 100 yards (91M), with cylinder bore and 18" bbl.

Defense Technologies 40mm Liquid Ferret Round: The Ferret® 40mm Round is non-burning and suitable for indoor use. Used primarily by tactical teams, it is designed to penetrate barriers, such as windows, hollow core doors, wallboard and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside of a structure or vehicle. In a tactical deployment situation, the 40mm Ferret is primarily used to dislodge barricaded subjects from confined areas. Its purpose is to minimize the risks to all parties through pain compliance, temporary discomfort and/or incapacitation of potentially violent or dangerous subjects.

Defense Technologies Pocket Tactical CS Gas Grenade: The Pocket Tactical CS Grenade is small, and lightweight. The 0.9 oz. of active agent will burn approximately 20-40 seconds. At

4.75 in. by 1.4 inches in size, it easily fits in most tactical pouches. This is a launchable grenade; however, it is normally used as a signaling or covering device. Though this device is slightly over four inches in length, it produces a smoke cloud so fast it appears to be an enveloping screen produced by a full-size tactical grenade.

Defense Technologies Maximum Smoke HC Grenade: The Maximum Smoke Grenade is designed specifically for outdoor use in crowd control situations with a high-volume continuous burn that expels its payload in approximately 30-40 seconds through four gas ports located on the top of the canister. This grenade can be used to conceal tactical movement or to route a crowd. The volume of smoke and agent is vast and obtrusive. This launchable colored smoke grenade is 6.0 in. by 2.35 in. and holds approximately 2.9 oz. of active agent.

Defense Technologies Triple-Chaser CS Gas Canister: The Triple-Chaser® CS consists of three separate canisters pressed together with separating charges between each. When deployed, the canisters separate and land approximately 20 feet apart allowing increased area coverage in a short period of time. This grenade can be hand thrown or launched from a fired delivery system. The grenade is 6.5 in. by 2.7 in. and holds an approximately 3.2 oz. of active agent payload. It has an approximate burn time of 20-30 seconds.

Purpose/Authorized Uses: Chemical agents are intended for use as a less-lethal force response option. They can be deployed by trained Department personnel for riot control purposes, during tactical operations involving barricaded suspects, or other situations where lesser means are reasonably believed to be ineffective or involve substantial more risk to Department personnel.

Fiscal Impacts: The ongoing cost of chemical agents will vary. The cost of the Department’s present inventory of chemical agents was approximately $8,360. There are no associated Colma Police Department
Colma PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/01/20, All Rights Reserved. Published with permission by Colma Police Department Military Equipment - 18 maintenance costs.

Legal/Procedural Rules Governing Use: All applicable Local, State, and Federal laws governing police use of force. All applicable Daly City Police Department Policies on Use of Force.

Training Required: Officers must be assigned to the Department SWAT Team or Crowd Control Unit, having completed the required training course(s) associated with that position.

SWAT Team officers or Crowd Control Unit officers will complete Department chemical agents training from a certified Department Chemical Agents Instructor as well as attend regular training and qualifications as required by law and policy.

Equipment Type: “Flashbang Grenades” - CA Gov’t Code §7070(c)(12) Quantity Owned/Sought: 47 owned Lifespan: Varies on weather and storage conditions
Equipment Capabilities: The flashbang, sometimes referred to as “stun grenade,” is a diversionary device that delivers a bright flash and loud explosive-type noise when deployed.

This is a non-lethal handheld grenade that does not fragment or produce any shrapnel.

Manufacturer Product Description: Defense Technologies Low Roll 4-gram Distraction Device: The reloadable distraction device unit incorporates a model 7007 type fuse with hex design gun steel body. This is a compact version of the 8933 Low Roll® body Distraction Device and is the newest version of the first reusable non-bursting canister that limits movement and rolling once deployed. The compact Distraction Device fits safely in your hand and packs all the power of the full-size Distraction Device. The 4-Gram Distraction Device® Reload produces a reduced light, and sound output ideal for when the full effects of the 12- gram charge are not desirable.

Purpose/Authorized Uses: Diversionary devices are intended for use as a distraction option used during high-risk entries into a dwelling or similar structure by SWAT operators. They can be deployed by trained Department SWAT operators when authorized by the SWAT Commander or in the event of exigent circumstances.

Fiscal Impacts: The ongoing cost of diversionary devices will vary. The cost of the Department’s present inventory of diversionary devices was approximately $2,820.

Legal/Procedural Rules Governing Use: All applicable Local, State, and Federal laws governing police use of force. All applicable Daly City Police Department Policies on Use of Force.

Training Required: Officers must be assigned to the Department SWAT Team, having completed a CA POST Basic SWAT Course. SWAT Team officers participate in regular Department SWAT training incorporating the use of the diversionary devices into trainings.

Other Notes: None.

Staff Report re First Amendments to Commercial Lease and Municipal Services Agreements Page 1 of 2

STAFF REPORT
T
O: Mayor and Members of the City Council
FROM: Brian Dossey, City Manager
MEETING DATE: May 11, 2022
SUBJECT: First Amendments to Commercial Lease and Municipal Services Agreements with CSG Consultants, Inc.

RECOMMENDATION
Staff recommends that the City Council adopt the following two resolutions:

RESOLUTION APPROVING FIRST AMENDMENT TO COMMERCIAL LEASE AGREEMENT WITH CSG CONSULTANTS, INC.
and

RESOLUTION APPROVING FIRST AMENDMENT TO MUNICIPAL SERVICES CONTRACT WITH CSG CONSULTANTS, INC.

EXECUTIVE SUMMARY AND BACKGROUND
In December 2018, City Council entered into a commercial lease agreement with CSG Consultants, Inc. (“CSG”), which provided that CSG would lease from the Town of Colma (“Town”) a portion of the building located at 1198 El Camino Real, Colma, CA 94014, which leased area consists of two offices, six cubicle spaces, and non-exclusive use of certain shared common areas. Under the agreement, rent was to be adjusted every 12 months according to a specific consumer price index (“CPI”) formula. In November of 2021, Town staff and CSG discussed providing additional clarity as to the applicable formula for measuring rent adjustments as dictated by the CPI, by clarifying that that the CPI adjustment to the monthly rent will be based upon the amount by which the CPI in August of the subject year exceeds the CPI measured in August of the previous year, rather than being based upon a static CPI measurement dating to August of 2018. This First Amendment to the lease agreement therefore updates the agreement to modify the portion that governs annual CPI adjustment, to better align with the parties’ intentions In
July 2019, the City Council entered into an agreement with CSG for CSG to provide certain municipal services to the Town, including supplemental engineering, building code and plan review, planning, and code enforcement services. In November 2021, Town staff and CSG discussed modifying the agreement to update the time period for measuring CPI adjustment from March to April, to better reflect the manner in which CPI data is made available for purposes of adjusting the Service Agreement on an annual basis. This First Amendment to the municipal services agreement therefore updates the agreement to modify the portion that governs annual CPI adjustment, to better align with the parties’ intentions.

Item #7
Staff Report re First Amendments to Commercial Lease and Municipal Services Agreements Page 2 of 2

FISCAL IMPACT
Execution of the proposed First Amendment to the lease agreement will likely slightly reduce the annual increase in rent payable by CSG to the Town each year, because it will base the annual increase on the previous year’s CPI as measured in August, rather than measuring each year’s increase against a static CPI measured in August of 2018.

Execution of the proposed First Amendment to the municipal services agreement will likely not have any fiscal impact, as it only contemplates a change in the time period of measuring the CPI from March to April of each year (CPI is released in April each year, not March).

REASONS FOR THE RECOMMENDED ACTION/FINDINGS
Staff has reviewed the proposed amendments to each agreement, and believes they are necessary to provide clarity to the Town and CSG as to when C PI is measured annually for purposes of adjusting the amounts due under each agreement on a yearly basis. These amendments will not affect the underlying lease obligations, or provision of municipal services, in each contract, but rather will clarify the schedule for adjusting rent values and cost of municipal services on an annual basis, to the benefit of both parties.

COUNCIL ADOPTED VALUES
Authorizing the City Manager to execute each First Amendment demonstrates the Town is being responsible with Town resources, and being honest and transparent with Town operation and its consultants.

ALTERNATIVES
The City Council could direct staff to negotiate alternative terms to the municipal services and/or commercial lease agreements. Doing so is not recommended at this time as the relationship between the Town and CSG is fully covered by the existing agreements and staff does not believe further changes are necessary at this time.

CONCLUSION
Staff recommends that the City Council a dopt the two resolutions to approve and authorize the City Manager to execute First Amendments to the municipal services and commercial lease agreements with CSG, in order to provide clarity as to the timing of CPI adjustment each year.

ATTACHMENTS
A. Resolution re First Amendment to Commercial Lease Agreement B. Resolution re First Amendment to Municipal Services Agreement C. Commercial Lease Agreement – First Amendment
D. Municipal Services Agreement – First Amendment
E. Commercial Lease Agreement – Original Contract
F. Municipal Services Agreement – Original Contract

Res. 2022- , First Amendment to Commercial Lease Agreement with CSG Page 1 of 2 RESOLUTION NO. 2022-

OF THE CITY COUNCIL OF THE TOWN OF COLMA
RE

SOLUTION APPROVING FIRST AMENDMENT TO
COMMERCIAL LEASE AGREEMENT WITH CSG CONSULTANTS, INC.

The City Council of the Town of Colma does hereby resolve as follows:

1. Background
(a) On December 1, 2018 , the City Council entered into a commercial lease agreement (“Lease Agreement”) with CSG Consultants, Inc. (“CSG”), which provided that CSG would lease from the Town of Colma (“Town”) a portion of the building located at 1198 El Camino Real, Colma, CA 94014, which leased area consists of two offices, six cubicle spaces, and non - exclusive use of certain shared common areas.
(b) The Lease Agreement provided that during its term, rent is to be adjusted every 12 months according to a specific consumer price index (“CPI”) formula, which is set forth in the Lease Agreement.
(c) In or around November 2021, CSG and Town staff corresponded about modifying the Lease Agreement to provide additional clarity as to the applicable formula for measuring rent adjustments as dictated by the CPI, by clarifying that that the CPI adjustment to the monthly rent will be based upon the amount by which the CPI in August of the subject year exceeds the CPI measured in August of the previous year.
(d) Accordingly, staff is now recommending to the City Council that it amend the Lease Agreement to modify the portion that governs annual CPI adjustment, to better align with the parties’ intentions.

2. Order
(a) The First Amendment to the commercial lease agreement between the Town of Colma and CSG Consultants, Inc., a copy of which is on file with the City Clerk, shall be and hereby is approved by the City Council of the Town of Colma.
(b) The City Manager shall be, and hereby is, authorized to execute this First Amendment on behalf of the Town of Colma, with such technical amendments as may be deemed appropriate by the Mayor and the City Attorney.
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Attachment A
Res. 2022- , First Amendment to Commercial Lease Agreement with CSG Page 2 of 2 Certification of Adoption
I certify that the foregoing Resolution No. 2022- was duly adopted at a regular meeting of said City Council held on , 2022 by the following vote:

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

Dated ______________________ ___________________________________ Helen Fisicaro, Mayor

Attest: ____________________________
Caitlin Corley, City Clerk

Res. 2022- , First Amendment to Municipal Services Contract with CSG Page 1 of 2 RESOLUTION NO. 2022-

OF THE CITY COUNCIL OF THE TOWN OF COLMA
RE

SOLUTION APPROVING FIRST AMENDMENT TO
MUNICIPAL SERVICES CONTRACT WITH CSG CONSULTANTS, INC.

The City Council of the Town of Colma does hereby resolve as follows:

1. Background
(a) On July 1, 2019, the City Council entered into a contract with CSG Consultants, Inc. (“CSG”) to provide certain municipal services to the Town of Colma (“Town”), including supplemental engineering, building code and plan review, planning, and co de enforcement services (the “Service Agreement”).
(b) The Service Agreement provided that on or about July 1 of each year, the hourly rate for certain services shall be adjusted according to a consumer price index (“CPI”) formula that is set forth in the current iteration of the Service Agreement. (c) In or around November 2021, CSG and Town staff corresponded about modifying the Service Agreement to update the window for measuring CPI adjustment from March to April , to better reflect the manner in which CPI data is made available for purposes of adjust ing the Service Agreement on an annual basis.
(d) Accordingly, staff is now recommending to the City Council that it amend the Service Agreement to modify the portion that governs annual CPI adjustment, to better align with the parties’ intentions.

2. Order
(a) The First Amendment to the municipal services contract between the Town of Colma and CSG Consultants, Inc., a copy of which is on file with the City Clerk, shall be and hereby is approved by the City Council of the Town of Colma.
(b) The City Manager shall be, and hereby is, authorized to execute this First Amendment on behalf of the Town of Colma, with such technical amendments as may be deemed appropriate by the Mayor and the City Attorney.
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Attachment B
Res. 2022- , First Amendment to Municipal Services Contract with CSG Page 2 of 2 Certification of Adoption
I certify that the foregoing Resolution No. 2022- was duly adopted at a regular meeting of said City Council held on , 2022 by the following vote:

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

Dated ______________________ ___________________________________ Helen Fisicaro, Mayor

Attest: ____________________________
Caitlin Corley, City Clerk

FIRST AMENDMENT TO COMMERCIAL LEASE AGREEMENT BETWEEN TOWN OF COLMA AND CSG CONSULTANTS, INC.

This First Amendment to the Commercial Lease Agreement Between Town of Colma and CSG Consultants, Inc. (“First Amendment”) is made and entered into this day of , 2022 (“Effective Date”), by and between the Town of Colma, a municipal corporation organized under the laws of the State of California (“Town”) and CSG Consultants, Inc., a California corporation (“Consultant”). Town and Consultant are sometimes referred to collectively as “Parties” in this First Amendment.

RE
CITALS
W
HEREAS, on or about December 1, 2018, Town and Consultant entered into a Commercial Lease Agreement ("Agreement"), for Consultant to lease from Town a portion of the building located at 1198 El Camino Real, Colma, CA 94014, which leased area consists of two offices, six cubicle spaces, and non-exclusive use of certain shared common areas; and W
HEREAS, Section 4.d. of the Agreement provide s that during the Agreement term, rent is to be adjusted every 12 months according to a specific consumer price index (“CPI”) formula, which is set forth in the Agreement; and
W
HEREAS, to provide additional clarity as to the applicable formula for measuring rent adjustments as dictated by the CPI, Town and Consultant desire to amend the Agreement to clarify that the CPI adjustment to the monthly rent will be based upon the amount by which the CPI in August of the subject year exceeds the CPI measured in August of the previous year.

NO
W, THEREFORE , in consideration of the Recitals and mutual obligations of the Parties as herein expressed, Town and Consultant agree as follows:

1. CPI Adjustment; Increase in Rent : The paragraph entitled “Increase in Rent ” of the Agreement, set forth in Section 4.d., shall be amended in its entirety to read as follows:
“D
uring the Lease term, Rent shall be adjusted every 12 months according to the following formula, where “Consumer Price Index” or “CPI” means the United States Department of Labor, Bureau of Labor Statistics Consumer Price Index entitled “Consumers Price Index of Urban Wage Earners and Clerical Workers (Revised Series), San Francisco-Oakland-Hayward, CA”:

If t
he CPI for August of any year (“the Subject CPI”) exceeds the previous year CPI for August , the monthly rent shall be multiplied by the Subject CPI and divided by the previous CPI to obtain the adjusted monthly rent.” 2 . This First Amendment may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

Attachment C

3. Except as specifically provided in this First Amendment, all other terms and conditions of the Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the Parties have executed this First Amendment as of the Effective Date written above.

THE TOWN OF COLMA CSG Consultants, Inc.

By: Brian Dossey

By:

Title: City Manager

Title:

Signature:

FIRST AMENDMENT TO MUNICIPAL SERVICES CONTRACT BETWEEN TOWN OF COLMA AND CSG CONSULTANTS, INC.

This First Amendment to the Municipal Services Contract Between Town of Colma and CSG Consultants, Inc. (“First Amendment”) is made and entered into this day of , 2022 (“Effective Date”), by and between the Town of Colma, a municipal corporation organized under the laws of the State of California (“Town”) and CSG Consultants, Inc., a California corporation (“Consultant”). Town and Consultant are sometimes referred to collectively as “Parties” in this First Amendment.

RE
CITALS
W
HEREAS, on or about July 1, 2019, Town and Consultant entered into a Municipal Services Contract ("Agreement"), for Consultant to provide Town with engineering, building plan review, inspection, and planning services; and
W
HEREAS, Sections 7 and 8 of the Agreement provide that on or about July 1 of each year, the hourly rate for certain services shall be adjusted according to a consumer price index (“CPI”) formula that is specifically set forth in the Agreement, but based on the date upon which CPI data becomes available for analysis, the parties now wish to modify the window for measuring such CPI adjustment from March to February; and W
HEREAS, Town and Consultant desire to amend the Agreement to update the window for measuring CPI adjustment from March to February, to better reflect the manner in which CPI data is made available for purposes of adjusting the Agreement on an annual basis.

NO
W, THEREFORE , in consideration of the Recitals and mutual obligations of the Parties as herein expressed, Town and Consultant agree as follows:

1. CPI Adjustment; Fee for Staff Augmentation Services : The first paragraph entitled “CPI Adjustment” of the Agreement, set forth in Section 7(b), shall be amended in its entirety to read as follows:
“
On or about July 1 of each year, the hourly rate for Staff Augmentation Services shall be adjusted according to the following formula, where “Consumer Price Index” or “CPI” means the United States Department of Labor, Bureau of Labor Statistics Consumer Price Index entitled “Consumers Price Index of Urban Wage Earners and Clerical Workers (Revised Series), San Francisco -Oakland-Hayward, CA”:

If t
he CPI for April of any year (the “Subject CPI”) exceeds the previous year CPI for April , the hourly rate shall be multiplied by the Subject CPI and divided by the previous CPI to obtain the adjusted hourly rate.” Attachment D

2. CPI Adjustment; Fee for Special S ervices: The second paragraph entitled “ CPI Adjustment” of the Agreement, set forth in Section 8(b) , shall be amended in its entirety to read as follows:

“On or about July 1 of each year, the hourly rate for Special Services shall be adjusted according to the following formula, where “Consumer Price Index” or “CPI” means the United States Department of Labor, Bureau of Labor Statistics Consumer Price Index entitled “Consumers Price Index of Urban Wage Earners and Clerical Workers (Revised Series), San Francisco-Oakland-Hayward, CA”:

If the CPI for April of any year (the “Subject CPI”) exceeds the previous year CPI for April , the hourly rate shall be multiplied by the Subject CPI and divided by the previous CPI to obtain the adjusted hourly rate.”

3. This First Amendment may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

4. Except as specifically provided in this First Amendment, all other terms and conditions of the Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the Parties have executed this First Amendment as of the Effective Date written above.

THE TOWN OF COLMA CSG Consultants, Inc.

By: Brian Dossey

By:

Title: City Manager

Title:

Signature:

Attachment E

Attachment F

2022 Mission Road Crosswalk Improvement Project Page 1 of 3

STAFF REPORT
T
O: Mayor and Members of the City Council
FROM: Brad Donohue, Director of Public Works, CSG
Dave Bishop, Senior Engineer
VIA: Brian Dossey, City Manager
MEETING DATE: April 27, 2022
SUBJECT: Mission Road Crosswalk Improvement Project – Bid Package Approval

RECOMMENDATION
Staff recommends that the City Council by motion:

APPROVE BID DOCUMENT PACKAGE AND AUTHORIZE STAFF TO ADVERTISE NOTICE INVITING INFORMAL BIDS FOR THE 2022 MISSION ROAD CROSSWALK IMPROVEMENT

PROJECT AND AUTHORIZE THE CITY MANAGER TO APPROVE CHANGES TO THE PLAN

DOCUMENTS AS NEEDED OR REQUIRED

EXECUTIVE SUMMARY
Staff has prepared project plans and specifications (“Bid Package”) for the Mission Road Crosswalk Improvement Project (“Project”). Prior to soliciting bids for the Project, staff is requesting the City Council to review, comment on, and approve the Project Bid Package, plans and specifications. If approved, staff will proceed with soliciting 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 at the time of contract award, staff will request from City Council a CIP budget amendment incorporating all project costs (construction, administrative, management costs and contingencies).

BACKGROUND
At the City Council Study Session in April of 2021, staff was directed to install a high-visibility crosswalk on Mission Road at the N orth entrance of the Holy Cross Cemetery as an additional phase to the 2020 Mission Road Bicycle and Pedestrian Improvement Project.

AN
ALYSIS
The Mission Road Crosswalk Improvement Project consists of concrete curb ramp extensions (bulb-outs), high -visibility crosswalk with rectangular rapid flashing beacons (RRFBs), Item #8

2022 Mission Road Crosswalk Improvement Project Page 2 of 3 thermoplastic striping and markings, and all other associated work . Hot Asphalt Mix (HMA) speed hump is included in the project as a bid alternate.

The concrete ramp bulb -outs will extend the sidewalk into the parking lan e to narrow the roadway and provide additional pedestrian space. Combined with the high -visibility crosswalk, and RRFBs, pedestrian visibility will increase through improved sight lines, pedestrian exposure to vehicles will decrease by shortening the crossing distance, and additional curb ramps will be provided to facilitate ADA accessibility at the mid-block.

Speed humps
Concerns from residents and businesses in the area have stated that they have concerns regarding vehicle speedi ng in the Mission Road area. Speed humps can be a deterrent and bring an awareness to the drivers to slow down. Speed humps can also be controversial, so staff went door to door to the various businesses in the Mission Road Commercial neighborhood. 21 Businesses were interviewed regarding the installation of the speed humps .

Of the 21 business, ( this survey also included the Colma Fire Protection District) , the business overwhelmingly favored installing the humps to hopefully slowdown traffic. Of the 21 interviews, two businesses were not in favor of the speed humps. A few of those who did favor the installation had concerns, such as wheel spaces between the s peed humps for fire equipment to pass through and location of the speed humps . The bid proposal will include 2 speed humps, the bid proposal will also list the humps as a bid alternate item.

Staff prepared the Bid Package and engineers estimates in -house. A Notice Inviting Informal Bids for this Project will be sent to qualified bidders fro m 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:

May 11th, 2022: Approve PS&E Package and authorize to release bid package May 2022: Advertise Project
June, 2022 Award Construction Contract
July 2022
July/Aug 2022
Start of Construction
End of Construction

CITY COUNCIL VALUES
The City Council’s action is consistent with the City Council’s value of being responsible, staying committed to their strategic plan and goals. By installing this crosswalk improvement on Mission Road, the City Council is improving the pedestrian accessibility, safety, and circulation for those who utilize and benefit from use of Colma local streets and roads.

2022 Mission Road Crosswalk Improvement Project Page 3 of 3

ATTACHMENTS
A. Bid Documents – Plans
B. Bid Documents – Specifications

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COLMATOWN HALL
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\\SERVER2\Clients\DESIGN\18.393 - Colma Mission Road Improvement\2022.02.24 - ADDED XWALK - TREASURE ISLAND\Treasure Island XWalk - 2022.05.03.dwg@ 02:50:51 PM 05/04/22 @ 02:50:52 PMPlotted on:\\SERVER2\Clients\DESIGN\18.393 - Colma Mission Road Improvement\2022.02.24 - ADDED XWALK - TREASURE ISLAND\Treasure Island XWalk - 2022.05.03.dwg@ 02:50:52 PM 05/04/22 @ 02:50:52 PMPlotted on:
········

TOWN OF COLMA

CONTRACT

SPECIFICATIONS AND SPECIAL PROVISIONS
FOR
2022 Mission Road Crosswalk Improvement Project

TO 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 MISSION ROAD CROSSWALK IMPROVEMENT PROJECT i

TABLE OF CONTENT

NOTICE INVITING INFORMAL BIDS ..................................................................................................... 1 INSTRUCTIONS TO BIDDERS ................................................................................................................. 3 BID FORMS ................................................................................................................................................. 9 BID .................................................................................................................................. 11 BID SCHEDULE ............................................................................................................ 13 BIDDER'S BOND ........................................................................................................... 17 BIDDER'S QUALIFICATIONS AND REFERENCES ................................................. 19 LIST OF SUBCONTRACTORS .................................................................................... 21 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND ................ 23 SUBMITTED WITH BID ............................................................................................... 23 CERTIFICATE OF NON-DISCRIMINATION ............................................................. 25 STATEMENT OF CONVICTIONS ............................................................................... 25 PREVIOUS DISQUALIFICATIONS ............................................................................. 25 CERTIFICATION OF WORKER'S COMPENSATION INSURANCE ....................... 27 CERTIFICATION OF PREVAILING WAGE RATES AND RECORDS .................... 27 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION ................................... 29 DEBARMENT AND SUSPENSION CERTIFICATION .............................................. 31

SPECIAL PROVISIONS

SECTION 1 - DEFINITIONS AND REFERENCE STANDARDS .......................................................... 33 SECTION 3 - EXECUTION OF CONTRACT .......................................................................................... 37 SHORT-FORM CONSTRUCTION CONTRACT ......................................................... 39 EXHIBIT “A” ................................................................................................................. 57 EXHIBIT “B” .................................................................................................................. 59 EXHIBIT “C” .................................................................................................................. 71 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR ............................................................... 73 CERTIFICATE OF INSURANCE ................................................................................. 77 GENERAL LIABILITY ENDORSEMENT ................................................................... 79 WORKERS' COMPENSATION/EMPLOYER'S LIABILITY ENDORSEMENT ....... 83 SECTION 15 – SUBMITTALS .................................................................................................................. 85 PART 1 – GENERAL ..................................................................................................... 85 PART 2 - PRODUCTS ................................................................................................... 86 PART 3 - EXECUTION ................................................................................................. 87

2022 MISSION ROAD CROSSWALK IMPROVEMENT PROJECT ii

TECHNICAL PROVISIONS

SECTION 100 - MOBILIZATION ............................................................................................................ 93 PART 1 – GENERAL ..................................................................................................... 93 PART 2 – [RESERVED] ................................................................................................ 93 PART 3 – [RESERVED] ................................................................................................ 93 PART 4 - MEASUREMENT AND PAYMENT ............................................................ 93 SECTION 101 - TRAFFIC CONTROL ..................................................................................................... 95 PART 1 – GENERAL ..................................................................................................... 95 PART 2 - PRODUCTS ................................................................................................... 97 PART 3 - EXECUTION ................................................................................................. 97 PART 4 - MEASUREMENT AND PAYMENT ............................................................ 99 SECTION 102 - COLD PLANING ASPHALT CONCRETE PAVEMENT .......................................... 101 [RESERVED]
SECTION 103 – CRACK SEALS ............................................................................................................ 103 [RESERVED]
SECTION 104 - SLURRY SEAL ............................................................................................................. 105 [RESERVED]
SECTION 105 – HOT MIX ASPHALT ................................................................................................... 107 PART 1 – GENERAL ................................................................................................... 107 PART 2 – PRODUCTS ................................................................................................. 107 PART 3 – EXECUTION ............................................................................................... 108 PART 4 - MEASUREMENT AND PAYMENT .......................................................... 109 SECTION 106 – CONCRETE .................................................................................................................. 111 PART 1 – GENERAL ................................................................................................... 111 PART 2 - PRODUCTS ................................................................................................. 111 PART 3 - EXECUTION ............................................................................................... 112 PART 4 - MEASUREMENT AND PAYMENT .......................................................... 116 SECTION 107 - PAVEMENT STRIPING AND MARKINGS ............................................................... 117 PART 1 – GENERAL ................................................................................................... 117 PART 2 - PRODUCTS ................................................................................................. 118 PART 3 – EXECUTION ............................................................................................... 119 PART 4 - MEASUREMENT AND PAYMENT .......................................................... 121 SECTION 108 - SIGNS ............................................................................................................................ 123 PART 1 - GENERAL .................................................................................................... 123 PART 2 – PRODUCTS ................................................................................................. 123 PART 3 – EXECUTION ............................................................................................... 124 PART 4 - MEASUREMENT AND PAYMENT .......................................................... 125 APPENDIX A – PROJECT PLANS ........................................................................................................ 127

2022 MISSION ROAD CROSSWALK IMPROVEMENT PROJECT 1

NOTICE INVITING INFORMAL BIDS

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

The scope of work for the Project consists of furnishing all labor, equipment, materials, tools, and services necessary to construct pedestrian crosswalk improvements on Mission Road including PCC curb ramp extensions (bulb-outs), high-visibility crosswalk, rectangular rapid flashing beacons (RRFBs), HMA speed humps, thermoplastic striping and markings, red curb paint and all associated work.

The project is expected to begin in ____________ and complete within 20 working days.

Bids must be for the entire work and submitted on the Town’s Bid Forms. Bid Package including the Bid Forms is on file in the office of the Town of Colma Public Works Department located at 1198 El Camino Real, Colma CA 94014.

Each Bid shall be accompanied by cash, a certified or cashier’s check, or Bid Bond secured from a surety company satisfactory to the City Council, the amount of which shall not be less than ten percent (10%) of the submitted Total Bid Price, made payable to Town of Colma as bid security.

The bid security shall be provided as a guarantee that within five (5) working days after the Town provides the successful bidder the Notice of Award, the successful Bidder will enter into a contract and provide the necessary bonds and certificates of insurance. The bid security will be declared forfeited if the successful Bidder fails to comply within said time. No interest will be paid on funds deposited with Town.

The 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 from 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 rates may be obtained via the internet at:
www.dir.ca.gov/dlsr/. In addition, a copy of the prevailing 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 into a Contract to perform public work must be registered with the Department of Industrial Relations.

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

Unless otherwise provided in the Instructions for Bidders, 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 its Bid and for the duration of the Contract: Class A

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License.

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 one hundred percent (100%) of the Contract Price.

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

SHALL BE CONCLUSIVELY DEEMED TO HAVE READ, UNDERSTOOD AND AGREED WITH

ALL OF THE INFORMATION AND MATERIALS CONTAINED IN THE BID DOCUMENTS,

INCLUDING BUT NOT LIMITED TO THE CONSTRUCTION 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 MISSION ROAD CROSSWALK IMPROVEMENT 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 that 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 7106, a Non-collusion Affidavit is included in the Bid book. Signing the Bid book shall also constitute signature of the Non- collusion Affidavit.

The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of Title 49 CFR (Code of Federal Regulations) part 26 in the award and administration of US DOT assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate. Each subcontract signed by the bidder must include this assurance.

Failure of the bidder to fulfill the requirements of the Special Provisions for submittals required to be furnished after bid opening, including 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 regulations, and the requirements of these specifications and the contract. Bidders’ failure to 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

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The bid shall be made on the unaltered bid forms furnished. Bidders shall state in the bidding blanks, on the bid schedule attached to the bid forms, the prices to cover the cost 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 agree, the unit price shall govern. The bid shall be signed with the name typed below the signature. If the bid is made by an individual, their name and address must be shown; if 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 of 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 check or bid bond made payable to the Town for an amount equal to at least ten percent (10%) of the total contract cost stated in said bid. No bid shall be considered unless such bid security is enclosed therewith.

The contract shall be signed by the successful bidder 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 of awarde. Failure to execute the contract and file acceptable bonds and insurance certifications within the time specified shall be just cause for the annulment of the award and the forfeiture of the bid guarantee.

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 segregated bids or assignments will be considered.

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

1.06 AWARD AND EXECUTION OF CONTRACT

The bidder's attention is directed to the provisions 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 proposals 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

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of bids to the lowest responsible bidder whose proposal 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 responsible bidder within ninety (90) days after the opening of bids. If the second lowest 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. The periods of time specified above within which the award of Contract may be made shall be subject to extension for such further period as may be agreed upon in writing between 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 accordance 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 received within 10 days, not including Saturdays, Sundays, and legal holidays, after the bidder has received the contract for execution. Failure to do so shall be just cause for 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 Subcontracting 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 intend to employ to perform any work or labor, or to render any service in or about the construction of the work or improvement. This listing shall include the name of each subcontractor, 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 prior written approval of the Town. If the bidder fails to stipulate a subcontractor for any portion 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 forms in an opaque, sealed envelope.

Identify the envelope with: (1) project name, (2) name 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, executed by the bidder or his duly authorized representative, for the withdrawal of such 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 stipulated in the contract documents and/or the published advertisement for bids. Bids will not 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 partnership, corporation, or association, under the same or different names, will not be considered. Reasonable grounds for believing that a bidder is interested in 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 bidder, any officer, or any such employee of such bidder having been disqualified, removed, or 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 may be rejected.

1.013 QUESTIONS AND ADDENDA

All questions about the Bid Documents may be directed to Public Works Department, Attention: Dave Bishop, Senior Engineer, at (650)757-8888 or email at [email protected] within seven (7) days prior to the bid opening date. Normal replies

2022 MISSION ROAD CROSSWALK IMPROVEMENT PROJECT 7

or interpretations that do not give unfair advantage or information to the questioning bidder 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 same 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 resolved 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 implication 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 portions 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 bid, the bidder shall give the Town a written notice within five (5) working days after the 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 alterations 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

Within thirty (30) calendar days after the award of the contract, the Town will return the bid guaranties, other than bidder's bonds, accompanying those bids which are not to be considered in making the award. All other bid guaranties will be held until the contract has been finally executed, after which time they will 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 the basis of past experience on similar

2022 MISSION ROAD CROSSWALK IMPROVEMENT PROJECT 8

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 experience and forces to perform the work in the manner set forth in the contract documents. The bidder shall be a licensed contractor in the State of California. A Town of Colma 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 Contractor shall file with the Town or its authorized representative, acceptable corporate surety 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 amount of the contract, to guarantee the payment of wages for services engaged, and of bills contracted for materials, supplies, and equipment used in the performance 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 workmanship or defective materials.

1.020 SUBLETTING

No subcontractor will be recognized as such, and all 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 prosecuted 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 representative and shall not again be employed on the work.

1.021 BID PRICES ALL INCLUSIVE

The prices listed in the bid shall include all materials, labor, equipment, tools, supplies, utilities, licenses, permit fees, taxes, incidentals, 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 MISSION ROAD CROSSWALK IMPROVEMENT PROJECT 9

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

______________________________________________________________________________

TO THE TOWN OF COLMA, CALIFORNIA:

Pursuant to the foregoing Notice to Contractors, the 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 specifications. The attached Notice to Contractors, Instructions to Bidders and specifications are made a part of this bid and all provisions thereof are hereby accepted.

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 ______________________________ OF SIGNATURE, if partnership
or proprietorship ______________________________

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BID SCHEDULE

2022 Mission Road Crosswalk Improvement 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 PCC Curb Ramp Extensions
(bulb-outs) EA 2 $ $
4 RRFB System with Foundation EA 2 $ $
5 Thermoplastic White Diagonal
Crosswalk LF 210 $ $
6 Thermoplastic Legends - PED
XING SF 78 $ $
7 Thermoplastic Yield Line LF 23 $ $
8 Markings – Paint Red Curb LF 40 $ $
9 HAM Speed Hump SF 280 $ $
10 Thermoplastic Speed Hump
Chevron Markings (21 SF) EA 2 $ $
11 Thermoplastic Diamond Symbol
(11 SF) EA 1 $ $
12 Thermoplastic Advanced Speed
Hump Warning (1” White
Striping)
LF 72 $ $
13 New Signs EA 8 $ $
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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BASIS OF AWARD:

The Contract will be awarded based on the lowest bid. The lowest bid shall be the lowest TOTAL OF BASE 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% of the contract bid, plus any increases authorized by the City, the "Labor and Material" Surety Bond in the sum of one hundred percent (100%) of the contract bid, and certificates of insurance 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) days not counting Sundays and legal 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 and 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.

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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

2022 Mission Road Crosswalk Improvement Project
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 described below, for the payment of which sum is lawful money of the United States, as well and truly 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 MISSION ROAD CROSSWALK IMPROVEMENT PROJECT
for the Town of Colma, California NOW, THEREFORE, if the aforesaid principal is awarded 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 faithful performance and the other to guarantee payment for labor and materials, as required by such 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, including reasonable attorney's fee to be fixed by court. Dated this ____________ day of ___________________, 2020.

2022 MISSION ROAD CROSSWALK IMPROVEMENT PROJECT 18

(Corporate Seal)
Principal
By

Title

(Corporate Seal) Surety
By
Attorney-in-Fact

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BIDDER'S QUALIFICATIONS AND REFERENCES

2022 Mission Road Crosswalk Improvement Project

Name of Bidder: _________________________________________________ THE BIDDER SHALL COMPLETE THE FOLLOWING STATEMENTS: 1. The bidder has been engaged in the contracting business, under the present business name for ________ years. 2. Experience in work of a nature similar to that covered 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 completed 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 information concerning the contract work listed above (list a reference for each contract named):

NAME/TITLE ADDRESS TELEPHONE

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

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6. Reference is hereby made to the following bank or 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 L O C A T I O N

________ _______________________________________ __________ _ _ _ _ _ _ _ _ _

(Attach additional sheets as necessary)

9. All of the above statements as to experience, financial 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.

Signature of Bidder: ____________________________

____________________________
Print Name and Title

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LIST OF SUBCONTRACTORS

2022 Mission Road Crosswalk Improvement Project

Each bidder in submitting their bid for the doing of 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 each 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 according 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 DIR # Prime bid

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NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND

SUBMITTED WITH BID

2022 Mission Road Crosswalk Improvement 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 indirectly 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 indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted 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.

My commission expires _____________, 20

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CERTIFICATE OF NON-DISCRIMINATION

2022 Mission Road Crosswalk Improvement Project

On behalf of the bidder making this Bid, the undersigned certifies that there will be no discrimination in employment with regard to race, color, 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 proprietary 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-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract.

___________________________________________________

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 under the Contractor shall comply with Section 1776, regarding wage records, and with Section 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 in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President’s Committee on Equal Employment Opportunity, all reports due under the applicable 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 must be submitted by bidders and proposed subcontractors only in connection with contracts 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 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.)

Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations.

Proposed prime contractors and subcontractors who have participated in a 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 Director, 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 with 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 intent 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 Specifications, Edit 2.A, Dated January 1999 and Town of Colma Standard Details, Dated 1998.

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

H. Special Provisions: Any provisions, which supplement 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 considered as a part of the special provisions.

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1.02 REFERENCE STANDARDS

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 opening 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 Transportation Officials, Standard Specifications

ACI: American Concrete Institute, Standards

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

AMCA: Air Moving and Conditioning Association, Standards

ANSI: American National Standards Institute

APA: American Plywood Association

APWA: American Public Works Association, Standard Specifications 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, Standards

AWPA: American Wood-Preservers' Association, Standards

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 Control Devices

CISPI: Cast Iron Soil Pipe Institute, Standards

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CMAA: Crane Manufacturers' Association of America

CRSI: Concrete Reinforcing Steel Institute, Standards

CSS: Caltrans Standard Specifications, State of California, Department of Transportation

ICEA: Insulated Cable Engineers Association

MIL: Military Specification

IEEE: Institute of Electrical and Electron Engineers

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' Association

PUC: Public Utilities Commission of California

RIS: Redwood Inspection Service, Standard Specifications

SDI: Steel Door Institute

SMACNA: Sheet Metal and Air Conditioning Contractors National Association

SSPC: Steel Structures Painting Council, Specifications

UBC: Uniform Building Code of the International Conference 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 with 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 the Contractor three copies of the Agreement, bond and insurance forms. Within ten (10) 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 must be signed by the Contractor. If the Contractor is a corporation, the contract and bonds 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 company authorized to do business in the State of California, and its corporate seal shall be 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 authorization 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 the 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 for 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 bond 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 the Contract price or $1,000.00, whichever is greater. Said bond shall remain in force 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 shall promptly obtain the insurance certificates required by Section 7 of the Special Provisions 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 requirements 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 Mission Road Crosswalk Improvement Project

TOWN OF COLMA, CALIFORNIA

1. P ARTIES AND DATE.

This Contract is made and entered into this ____ day 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 OTHER 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 organized 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 Pedestrian Crosswalk Improvement services to public clients, that it and its employees 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 Mission Road Crosswalk Improvement Project (“Project”) as set forth in this Contract.

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

3. T ERMS

3.1 Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto: 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 all labor, materials, tools, equipment, services, and incidental and customary work necessary to complete the Project fully and adequately, including all structures and facilities necessary for the Project or described in the Contract (hereinafter sometimes referred to as the “Work”), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well

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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 scope 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 20 Working Days, beginning the effective date of the Notice to Proceed (“Contract Time”). Contractor 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 Contract Time and/or pursuant to any such completion schedule, construction schedule or Project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged 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 completion schedule, construction schedule or Project milestones established pursuant to the Contract.

3.5 Standard of Performance; Performance of Employees. 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 professionals in the same discipline in the State of California. Contractor represents and maintains that 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 subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required 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 reimbursement 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 acceptable to the Town, shall be promptly removed from the Project by the Contractor and shall not be re-employed on the Work.

3.6 Control and Payment of Subordinates; Contractual Relationship. Town retains Contractor on an independent contractor basis and Contractor is not an employee of Town. Any

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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 connection 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, but 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 the 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 NUMERICAL DOLLAR AMOUNT___]) (“Total Contract Price”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the Town.

3.8.2 Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, Town will arrange 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, Contractor shall submit to the Town an itemized application for payment in the format supplied by the Town indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall be supported by evidence which is required by this Contract and such other documentation as the Town may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials 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 requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. No progress payments will be made for Work not completed in accordance with this Contract.

3.8.3 Contract Retentions. From each approved progress 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 the Contractor and subcontractors pursuant to

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California Public Contract Code Section 7107.

3.8.4 Other Retentions. In addition to Contract retentions, the Town may deduct from each progress payment an amount necessary to protect 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 Contractor’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 within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (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 Town 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 determined 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 Contract 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 accordance with California Public Contract Code Section 22300, the Town will permit the substitution of securities for any monies withheld by the Town to ensure performance under the 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 the 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 acceptance of the Work and filed a Notice of Completion as required by law and provisions of this 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 Section 10262 of the California Public Contract Code. Such payments to subcontractors shall be based 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, progress, or other payments, title to Work for which such payments are made shall pass to the Town at the time of payment. To the 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 destination 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

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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 responsibility 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 by 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 breach 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 terminate 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 determine appropriate, services similar to those terminated. Further, if this Contract is terminated 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 determines that it has completed the Work required herein, Contractor shall so notify Town 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 incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a reinspection by the Town. Once the Work is acceptable to Town, Town shall 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 designates the Director of Public Works, or his or her designee, to act as its representative 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 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 have full authority to represent and act on behalf of the Contractor for all purposes under this Contract. The Contractor’s Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction

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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 responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, 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, within the meaning of Section 4150 of the California Government Code, only to the extent of five 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 permitted by law, Contractor shall defend, indemnify and hold Town, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of 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 or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors 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, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in 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 restricted to insurance proceeds, if any, received by 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.

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

Contractor shall not commence Work under this Contract 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 subcontract 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 required insurance shall be grounds for the Town to terminate this Contract for cause. Contractor shall 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 coverage continuously for a period of at least five years after the completion of the Work under this Contract. 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 renewed; 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 Contractor shall provide workers’ compensation insurance for all of the employees 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 any 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 subcontractor 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 accordance 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. Contractor shall provide Employer’s Liability Insurance, including Occupational Disease, in the amount of at least one million dollars ($1,000,000.00) per person per accident. 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

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current ISO CGL Form 00 01, including but not limited to, premises liability, contractual liability, products/completed operations, personal and advertising 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 exclusion 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 than $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 limit 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 requirements of this Article. The limits set forth herein shall apply separately 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 Contractor’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 pursuant to the provisions of this Article shall comply with the provisions of the Contract. iii. All general liability policies shall be written to apply to all bodily injury, including death, property damage, personal injury, owned and non-owned equipment, blanket contractual liability, completed operations liability, explosion, collapse, under-ground excavation, removal of lateral support, and other covered loss, however occasioned, occurring during the policy term, and shall specifically insure the performance by Contractor of that part of the indemnification 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 remain available at all times; if over 50% of any aggregate limit has been paid or reserved, the Town may require additional coverage to be purchased by Contractor to restore the 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 excess liability policy shall include the additional insured endorsement described in the Contract.
v. All policies of general liability insurance shall permit, and Contractor does hereby waive any right of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.

3.16.2.4 Automobile Liability Insurance. Contractor shall provide

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“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 insurer 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 Contractor shall either 1) reduce or eliminate such deductibles or self- insured retentions, or 2) procure 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 contain 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 Contract 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, return 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 provided to the Town its officials, officers, employees, agents and volunteers.

3.16.3.3 The Certificates(s) and policies of insurance shall contain or shall be endorsed to contain the covenant of the insurance carrier(s) that it shall provide no less than thirty (30) days written notice be given to the Town 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 Town receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverage’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 endorsements or policies of insurance including all endorsements and any and all other attachments as required in this Section. The original endorsements for each policy and the

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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 shall 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 Contract including any extension thereof if in the Town’s reasonable judgment, the amount or type of insurance carried by the Contractor becomes inadequate.

3.16.3.6. Contractor shall report to the Town, in addition 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 Liability insurance using, for Contractor’s policy/ies of Commercial General Liability insurance, ISO CG forms 20 10 and 20 37 (or endorsements providing the exact same coverage, including completed operations), and, for subcontractors’ policies of Commercial General Liability 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 under 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 indemnify and hold the Town harmless from any damage, loss, cost, or expense, including attorneys’ fees, incurred by the Town as a result thereof.

3.17 Bond Requirements.

3.17.1 Payment Bond. If required by law or otherwise specifically requested by Town in Exhibit “B” attached hereto and incorporated 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 bond has been received and approved by the Town.

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3.17.2 Performance Bond. If specifically requested by Town in Exhibit “B” attached hereto and incorporated herein by reference, 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 such 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 opinion, any bond become insufficient, or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 10 days of receiving notice 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 bonds. No further payments shall be deemed due or will be made under this Contract until any replacement 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 request of the Town, cause the amount of the bond to be increased accordingly and shall promptly deliver 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 increase 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 Section 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 and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, 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 adequate 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 doctors 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.

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3.19 Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized 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 materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor 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 its 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 replacing defective Work. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one-year period, commencing with the date 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 materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties 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 and 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 any 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 the Town for any expenses incurred hereunder upon demand.

3.20 Laws and Regulations. Contractor shall keep itself 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 notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Work. If the Contractor observes 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 order. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the Town, the Contractor shall be solely responsible 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 provisions 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 responsible for securing Town permits and

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licenses necessary to perform the Work described herein, including, but not limited to, a Town Business License. While Contractor will not be charged 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 exceeds $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 shall submit for Town’s review and approval a detailed plan showing the design of shoring, bracing, 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 system 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 involves 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 physical conditions at the site differing from those indicated by Town; and (3) unknown physical conditions 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 relocation of such utility facilities.

3.25 Prevailing Wages.

3.25.1 Contractor is aware of the requirements of California 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 payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. Because the Work is being performed as part of an applicable “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 Prevailing Wage Laws. Town shall provide Contractor

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with a copy of the prevailing rates of per 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 execute 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 subcontractors. 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 labor compliance requirements, including the submission of payroll records directly to the DIR.

3.26 Apprenticeable Crafts. When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions 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 eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the California 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 requirements of California Labor Code Section 1776, Contractor shall keep accurate payroll records which are either on forms provided by the Division of Labor Standards Enforcement or which contain the same information required by such forms. Responsibility for compliance with California Labor Code Section 1776 shall rest solely with Contractor, and Contractor shall make all such records available for inspection at all reasonable hours.

3.29 Contractor’s Labor Certification. By its signature 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” and incorporated herein by reference, shall be executed simultaneously with this Contract.

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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 represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national 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 employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

3.32 Anti-Trust Claims. This provision shall be operative 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) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the Town tender final payment to the Contractor, without further acknowledgment by the Parties.

3.33 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided 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 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 only be modified by a writing signed by both Parties.

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

3.36 Assignment Forbidden. Contractor shall not, either 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

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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 governed by the laws of the State of California. Venue shall be in San Mateo County.

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

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

3.40 [INTENTIONALLY OMITTED]

3.41 Claims of $375,000 or Less. Notwithstanding any other provision herein, claims of $375,000 or less shall be resolved pursuant to the 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 warrants that it has not employed nor retained any company or person, other than a bona 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 than 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.

3.43 Certification of License. Contractor certifies 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 Contract, 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 Contract. 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,

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limit, augment, or describe the scope, content, or intent of this Contract.

3.45 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed 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 intended third-party beneficiaries of any right or obligation assumed by the Parties.

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

3.48 Authority to Enter Contract. Contractor has all requisite power and authority to conduct its business and to execute, deliver, 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:

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 incorporated 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 form provided and in the sum of 100% of the contract price;
□ Bond for Labor and Materials Payment on the form provided 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 the “Contractor”) _______________________ an agreement for ______________________________ (hereinafter referred to as the “Project”).

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

NOW, THEREFORE, we, _______________, the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto 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, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent 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 completion of the Contract, unless otherwise provided for in the Contract, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by Town, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the Town from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the Town’s rights 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 the 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 accordance with all terms and conditions in the

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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 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.
(3) Permit the Town to complete the Project in any manner consistent with local, California and federal law and make available as work progresses 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 any 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 Town, when declaring the Contractor in default, notifies 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 does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract 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 MISSION ROAD CROSSWALK IMPROVEMENT PROJECT 63

(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.)

(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 the person signing on behalf of the Surety to do so must be attached hereto.

2022 MISSION ROAD CROSSWALK IMPROVEMENT PROJECT 64

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2022 MISSION ROAD CROSSWALK IMPROVEMENT PROJECT 65

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

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally Date Name and Title Of Officer (e.g. “Jane Doe, Notary Public”) appeared , who proved to me on the basis of satisfactory Name(s) of Signer(s)
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Place Notary Seal Above Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment 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 MISSION ROAD CROSSWALK IMPROVEMENT PROJECT 66

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2022 MISSION ROAD CROSSWALK IMPROVEMENT PROJECT 67

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 bond 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 deducted, 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 bond 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, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said 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 required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding 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 Surety 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, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any 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 any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants

2022 MISSION ROAD CROSSWALK IMPROVEMENT PROJECT 68

otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor 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 contract between the owner or Town and original contractor or on the part of any obligee named in such 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 notice 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 the person signing on behalf of the Surety to do so must be attached hereto.

2022 MISSION ROAD CROSSWALK IMPROVEMENT PROJECT 69

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”) appeared , who proved to me on the basis of satisfactory Name(s) of Signer(s)
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Place Notary Seal Above 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 MISSION ROAD CROSSWALK IMPROVEMENT PROJECT 70

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2022 MISSION ROAD CROSSWALK IMPROVEMENT PROJECT 71

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 MISSION ROAD CROSSWALK IMPROVEMENT PROJECT 72

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2022 MISSION ROAD CROSSWALK IMPROVEMENT PROJECT 73

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 property 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 by 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 and 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 requirements below. It is highly recommended that bidders confer with their respective 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 property which may arise from or in connection with the performance of the work hereunder 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 form number GL 0404 covering Broad

2022 MISSION ROAD CROSSWALK IMPROVEMENT PROJECT 74

Form Comprehensive General Liability; or Insurance 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: Workers’ compensation limits as required by the Labor Code of the State of California 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 officers, 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, employees and volunteers are to be covered as insured against liability for personal and 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 MISSION ROAD CROSSWALK IMPROVEMENT PROJECT 75

by or on behalf of the Contractor, products and completed 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 primary insurance as respects the Town, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by the Town, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall 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, officials, agents, employees or volunteers.

d. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect 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 MISSION ROAD CROSSWALK IMPROVEMENT PROJECT 76

endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed 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 Insurance 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 insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. 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 subcontractor 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, sanction 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 contractor and shall make prompt and regular incremental acceptances of portions, as determined by the agency, of the contract work, and pay retainage to the prime contractor based on these acceptances. The prime contractor, or subcontractor, shall return all monies 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 violating 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 involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor.

END OF SECTION 7

2022 MISSION ROAD CROSSWALK IMPROVEMENT PROJECT 77

CERTIFICATE OF INSURANCE

2022 Mission Road Crosswalk Improvement Project

This certifies to the Town of Colma (The Agency) that the following described policies have been issued 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 MISSION ROAD CROSSWALK IMPROVEMENT PROJECT 78

Note: If commercial general liability insurance is used or if aggregate limits are endorsed to the comprehensive 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 ACCEPTED

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 the named insured, (b) products and completed operations 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' written 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 Contract

Liquor Liability

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

Waiver of subrogation from Workers' Compensation insurer.

This certificate is issued as a matter of information. This certificate is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term or condition of 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 Signature Date

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

2022 MISSION ROAD CROSSWALK IMPROVEMENT PROJECT 79

GENERAL LIABILITY ENDORSEMENT
2022 Mission Road Crosswalk Improvement 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)__________; Endorsement 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 1/73) _______________ Commercial General Liability "occurrence" form CG0001_______________ Commercial General Liability "claims-made" form CG0002 _____________

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 general 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 is attached or any other endorsement attached thereto, it is agreed as follows:

1. INSURED: The Agency, its elected or appointed officers, officials, employees and volunteers are included as insureds with regard to damages and defense 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 used by the Named Insured.

2. CONTRIBUTION NOT REQUIRED. As respects: (a) work 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

2022 MISSION ROAD CROSSWALK IMPROVEMENT PROJECT 80

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 appointed officers, officials, employees or volunteers; or stand in an unbroken chain of coverage 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, affords 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 form number GL 0404 Broad Form Comprehensive General Liability endorsement; or

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

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

4. SEVERABILITY OF INTEREST. The insurance afforded by this policy applies separately to each insured who is seeking coverage or against whom a claim 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 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.

C. INCIDENT AND CLAIM REPORTING PROCEDURE

Incidents and claims are to be reported to the insurer at:

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

2022 MISSION ROAD CROSSWALK IMPROVEMENT PROJECT 81

D. 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:(___)___________________

2022 MISSION ROAD CROSSWALK IMPROVEMENT PROJECT 82

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2022 MISSION ROAD CROSSWALK IMPROVEMENT PROJECT 83

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 notwithstanding 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 officers, 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: (___)_____________

2022 MISSION ROAD CROSSWALK IMPROVEMENT PROJECT 84

HOLD HARMLESS AND INDEMNIFICATION AGREEMENT

The Contractor shall save, keep and hold harmless the 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 property 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 damage to the work prior to its completion and acceptance.

2022 MISSION ROAD CROSSWALK IMPROVEMENT PROJECT 85

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 proposed to be furnished.

b. Manufacturers Certificates of Compliance.

c. Samples.

d. Substitutions.

B. Number of Copies Required:

Unless specified otherwise, the Contractor shall submit 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 Contractor 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 not instructions are listed specifically as a submittal.

When referenced, the manufacturers printed installation instructions shall have the same effect as if printed in the contract documents.

2022 MISSION ROAD CROSSWALK IMPROVEMENT PROJECT 86

PART 2 - PRODUCTS

2.01 SHOP DRAWINGS

A. Scale Required:

Unless otherwise specifically directed by the Engineer, 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 Engineer, 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 Town three (3) copies of operating and maintenance instructions and parts lists for all mechanical 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 eighty 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 substitutions 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 clearly identified on the submittal.

2.05 CERTIFICATES OF COMPLIANCE

Per Section 11.07, “Certificates of Compliance,” of 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 means 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 Engineer, 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 days 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 general 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 instructions 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 reserves 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. Poland Cement Concrete (PCC)
E. Detectable Warning Surface
F. Hot Mix Asphalt (HMA)
G. Tack Coat
H. Pavement Striping and Markings
I. Traffic Signs
J. Rectangular Rapid Flashing Beacon (RRFB)

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 insufficient 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 sum. 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 percent (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 construction operations in such a manner as to minimize hazard, inconvenience, and disruption to the public.

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

D. Provide protection of pedestrians and separation of pedestrians from construction operations at all times.

E. Direct, divert and detour traffic through, around and adjacent to construction operations in accordance with the traffic control plans as specified 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 Convenience", 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 barricades, 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 done 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 the limits of work at least 2 working days prior to commencement of work.

1.02 REFERENCES, CODES, AND STANDARDS

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

B. California Manual on Uniform Traffic Controls (CA MUTCD), 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 work a traffic control plan and a construction staging plan for review by the Engineer which conforms to all requirements of these Specifications. Include circulation, 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 parking prohibitions shall begin until written permission is received from the Engineer.

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

1.04 JOB CONDITIONS

A. The following general job conditions apply to the project:

1. Provide access to all residences and businesses whenever 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 precautions and provide adequate means to protect those who must pass through or over the work. If the Contractor shall appear to be neglectful or negligent in providing such warning or protective 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

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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 requirements 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, Section 360, California Vehicle Code, defines highway to include streets.

C. The Contractor shall install temporary pavement markings (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 shall be considered to be the edge of the traffic lane and a minimum lane width of eleven (11) feet shall 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 crossing of, intersecting traffic lanes shall be provided and kept in good condition.

D. When leaving a work area and entering a roadway carrying 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 damaged, displaced or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair or replace said component to its original condition and reinstall the component in its original location.

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F. During construction the Contractor shall furnish and 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 action 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 shall not be parked on the traveled way or shoulders of roadways open to the public.

I. The Contractor shall submit to the Engineer for approval 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 more than one-half (½) of the roadway shall be closed to traffic at any time, and one traffic lane 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 through 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 furnish 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 inconvenience as possible to abutting property owners and the motoring public. Convenient access to any driveways, houses and buildings along the line of work shall be maintained at all times.

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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 hauling materials to the job site shall follow established truck route streets to the closest 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 day, 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 necessary public notification, submittals, implementation, and maintenance of the approved traffic 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.

END OF SECTION 101

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SECTION 102 - COLD PLANING ASPHALT CONCRETE PAVEMENT
END OF SECTION 102

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SECTION 103 – CRACK SEALS
END OF SECTION 103

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SECTION 104 - SLURRY SEAL
END OF SECTION 104

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SECTION 105 – HOT MIX ASPHALT

PART 1 – GENERAL

Attention is directed to the provisions in Section 39, “Asphalt Concrete”, of the Standard Specifications and these technical provisions for asphalt concrete work.

1.03 WORK INCLUDED

A. This section includes specifications for producing hot mix asphalt (HMA) and constructing HMA speed hump at locations indicated on the plans or as directed by the Engineer.

1.02 REFERENCES

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

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

1.03 SUBMITTALS

A. Asphalt Concrete Mix Design and Certificate of Compliance

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

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The grade of asphalt binder must be PG 64-10 or PG-64-16 depending upon availability, and 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 GENERAL

A. All existing pavements shall be trimmed as required to provide a smooth face to abut the new HMA. These areas shall be clean and smooth and have a dry and properly prepared surface prior to construction of HMA speed hump.

B. All HMA 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.

C. The Contractor shall be responsible for any damages to existing pavement or surface facilities 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 TACK COAT

Apply tack coat to all horizontal and vertical surfaces of existing pavement and to vertical surfaces of curbs, gutters, conforms, and construction joints before placing asphalt concrete on or against them, at the rate of 0.02 to 0.10 gallons per square yard.

3.03 HMA SPEED HUMP PLACEMENT AND COMPACTION

A. HMA speed hump shall be constructed using HMA Type A with the 1/2” gradation.

B. HMA Speed hump shall be installed at locations as indicated on the plans and as directed by the Engineer. Speed humps shall not be installed near catch basins.

C. Where a bike lane exists, HMA speed hump edge shall terminate at the bike lane stripe.

D. The minimum temperature of HMA delivered to the site shall be at least 250º F and no more than 370º F.

E. The Engineer will make the final decision whether conditions are satisfactory for HMA

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placement. NO ASPHALT CONCRETE SURFACE COURSE SHALL BE PLACED WHEN THE ATMOSPHERIC TEMPERATURE IS LOWER THAN 50 DEGREES FAHRENHEIT.

F. HMA placement shall be compacted in accordance with the Standard Specifications and to 95 percent of the maximum theoretical unit weight.

PART 4 - MEASUREMENT AND PAYMENT

Bid Item 9

The bid item shall be measured on a per square foot basis based on the actual areas of HMA speed hump constructed.

It shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals for doing all the work associated with constructing HMA speed hump, including, but not limited to surface preparation, protecting existing surface facilities, applying tack coat, placing 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.

END OF SECTION 105

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SECTION 106 – CONCRETE

PART 1 – GENERAL

Attention is directed to the provisions in Section 90, “Concrete”, of the Standard Specifications and these technical provisions for concrete improvements.

1.01 WORK INCLUDED

A. Work covered by this section includes construction of PCC curb ramp extensions (bulb-outs) at the locations indicated on the plans and in the field or as directed by the Engineer. All new curb ramps shall have detectable warning surfaces.

B. It shall also include furnishing and placing aggregate base below concrete improvements as indicated on the plans or as directed by the Engineer.

1.02 REFERENCES

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

1.03 SUBMITTALS

A. Concrete Mix Design and Certificates of Compliance from supplier containing the following:

1. Material and mixing in conformance with this specification.

2. 28-day compressive strength

3. Volume of concrete delivered

4. Time of load-out for delivery

B. Detectable Warning Surface

PART 2 - PRODUCTS

2.01 CONCRETE MIX DESIGN

A. The Contractor shall furnish a concrete mix design to the Engineer at least ten (10) working days prior to the start of the work.

B. All concrete facilities shall be constructed with Type II Modified Portland Cement and shall conform to the provisions of Section 90 of the Standard Specifications. All concrete facilities shall be constructed meeting the following requirements:

1. Compressive Strength: 3000 psi @ 28 days

2. Concrete Sacks: Five (5) sacks of cement per cubic yard, minimum

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3. Aggregate: 25 mm (1 inch) maximum aggregate, from an approved source

4. Maximum Slump: 4 inches (As determined by California Test Method 519 or 529)

2.02 QUALITY ASSURANCE FIELD TESTING

Field testing shall include testing for concrete slump as per California Test Method 519 (slump cone) or California Test Method 529 (Kelly Ball). Such testing shall be at a frequency determined by the Town and shall be paid for by the Town. Contractor will be responsible any costs associated with retesting of non-compliant sections.

2.03 AGGREGATE BASE

Base material under bulb-outs and curb ramps shall consists of Class 2 Aggregate Base material, 3/4" maximum, in accordance with Section 26-1.02B, “Class 2 Aggregate Base,” of the Standard Specifications

2.04 DETECTABLE WARNING SURFACE

Detectable Warning Surface (DWS) shall be a paver style of truncated domes. No surfaceapplied matting systems (i.e. glued and screwed) style of DWS shall be allowed.

Installation pattern and color of the DWS shall be determined by the Town.

2.05 REINFORCING BARS

Bar reinforcement shall conform to Section 52, “Reinforcement,” of the Standard Specifications, shall be clean and free of paint and loose rust scale. Size and shape shall conform to the Project Plans.

PART 3 - EXECUTION

3.01 GENERAL

A. All work shall conform to the provisions of Section 90 of the State Standard Specifications. All handicap access ramps shall comply with Title 24 and current CBC requirements, and the project plans.

B. Contractor shall notify the Town 48 hours in advance of concrete removal. It is the Contractor’s responsibility to contact USA at least two (2) days in advance of any concrete removal.

C. Concrete removal work shall conform to the provisions in Section 15-3, "Removing Concrete," of the Standard Specifications and these Technical Specifications. The existing concrete shall be sawcut full depth prior to removal. Any concrete broken due to the Contractor's failure to comply with these requirements shall be removed and replaced at the Contractor's expense. All

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concrete removed shall become the property of the contractor to be disposed of outside the right of way, each day work occurs.

D. The line and grade of the replaced facilities shall conform to the existing facilities. In most instances, this will consist of a straight line between existing facilities.

E. Curb ramps shall be constructed to ensure ramp landing falls within the limits of the striped crosswalk or just past the painted stop bar or limit line.

F. Dowels shall be provided at conform between new and existing improvements. Dowels shall be #4 rebar spaced 12” on center conforming to ASTM A615 and shall be at least nine inches (9”) in length. Dowels shall be inserted a minimum of four inches (4”) and fit tightly into the existing improvements.

G. Expansion joints shall be placed at conform locations. Expansion joints, control joints, and score marks elsewhere shall comply with Section 3.08 below.

3.02 PROTECTION OF EXISTING FACILITIES

A. The Contractor shall protect existing facilities from damage, and discoloration from concrete splash. Adjacent concrete facilities shall be covered during concrete placement to prevent concrete splash and excess concrete from staining the adjacent concrete. After initial placement, strikeoff and finishing, the protection shall be removed, and the adjacent concrete cleaned.

B. Vertical existing facilities such as light poles, walls, etc. shall be protected with plastic extending a minimum of three feet above the concrete surface. After initial placement, strikeoff and finishing, the protection shall be removed and the vertical surfaces cleaned.

3.03 SUBGRADE

A. After the subgrade is prepared, moisture conditioned, and compacted to 95% relative compaction at zero to three percent over optimum moisture content, the Contractor shall continuously maintain the sub-grade in a uniform condition at the moisture content obtained during sub-grade compaction until the concrete is placed.

B. In locations where existing concrete improvements are being replaced, existing base material may be re-compacted and used without over excavation and placement of additional baserock.

For new concrete improvements, over excavation and placement of base material shall be for a depth of 150 mm (6 inches) below the bottom of the concrete section, unless otherwise shown on the plans.

3.03 FORMING

A. Wooden forming shall be of two inch nominal thickness staked at two foot intervals. The

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maximum gap at the bottom of the forms shall be 1-3/4 inches.

B. No concrete shall be placed until the Engineer has inspected forms and subgrade.

3.04 TOLERANCES

A. The maximum variation from design elevation shall not exceed +/- 0.02 feet. In some instances, particularly along the ADA path of travel or in critical drainage areas, tolerances may be reduced to zero. Concrete facilities shall be installed to maintain or provide positive drainage. Questions regarding applicable tolerances shall be directed to the Engineer forty-eight hours in advance of the work.

B. When shown on the drawings, the concrete shall be set at the design elevations. When existing facilities are to be removed and replaced, they shall conform to the existing elevations and grades. Generally, this will be at a straight line between the start and end points of the removal.

3.05 PLACING AND FINISHING

A. The concrete shall be deposited on a moist grade in such a manner as to require as little rehandling as possible. Workmen shall not be allowed to walk in the freshly mixed concrete with boots or shoes coated with earth or foreign substances.

B. In general, adding water to the surface of the concrete to assist in finishing operations shall not be permitted.

C. Before final finishing is completed and before the concrete has taken its initial set, the edges shall be carefully finished with the radius shown on the plans or a radius to match the existing construction.

D. Concrete shall be thoroughly consolidated against and along the faces of all forms and adjacent concrete. After the forms are removed, excess concrete below the form surface shall be removed to be flush with the form face.

E. All new concrete shall match existing facilities in texture, color, and appearance. Surfaces shall be broom finished transversely to the line of pedestrian traffic.

F. The Contractor shall clean at his expense all discolored concrete. The concrete may be cleaned by abrasive blast cleaning or other methods approved by the Engineer. Repairs shall be made by removing and replacing the entire unit between scoring lines or joints.

3.06 CONCRETE PROTECTION

A. The Contractor shall always have materials available to protect the surface of the fresh concrete against rain. These materials shall consist of burlap, curing paper, or plastic sheeting. If plastic sheeting is used, it shall not be allowed to contact finished concrete surfaces.

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B. The Contractor shall also protect the concrete against traffic and vandalism. If the concrete is damaged or vandalized, the Contractor shall make the necessary repairs at its own expense. The repair procedure for damaged or vandalized concrete shall be approved in advance by the Engineer.

3.07 CURING

A. Concrete shall be cured by protecting it against loss of moisture, rapid temperature change, and mechanical injury for at least three days after placement. White or clear liquid membrane compound shall be used. After finishing operations have been completed, the entire surface of the newly placed concrete shall be covered by the curing medium. The edges of the concrete exposed by the removal of forms shall be protected immediately to provide these surfaces with continuous curing treatment.

B. The concrete shall be allowed to cure for seventy-two hours prior to placing adjacent asphalt concrete.

3.08 JOINTS

A. Pre-molded expansion joints shall be constructed in curbs and sidewalks, at right angles to the face of curb and at all curb return points, on both sides of curb ramps, and elsewhere as directed by Engineer.

B. Expansion joint material shall be 6.25 mm to 12.5 mm (1/4 to ½ inch) thick and conform to the requirements of ASTM Designation D1751. Expansion joints shall extend through the full thickness of the concrete section.

C. Weakened plane joints shall be constructed at right angles to the longitudinal direction of the curb or sidewalk at approximately 6-meter (20 foot) intervals between expansion joints and on both sides of structures and other objects that are located within sidewalk or flatwork areas.

Where sidewalk and flatwork is adjacent to the curb, weakened plane joints shall be a minimum depth of 25 mm (1 inch) and constructed with a deep scoring tool while the concrete is being finished or they may be cut with an abrasive saw within 5 days after the concrete is placed.

3.09 CLEANUP AND BACKFILL

After the concrete is placed, cured, and the forms have been removed, the Contractor shall clean the site of all concrete and forming debris.

3.10 DETECTABLE WARNING SURFACE (DWS)

A. All curb ramps shall have a detectable warning surface installed in conformance with the Standard Plan A-88A, the most current edition of the California Building Code, and local requirements.

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B. Locations for this work are identified on the project plans.

PART 4 - MEASUREMENT AND PAYMENT

Bid Item 3

The bid item shall be measured and paid per each PCC curb ramp bulb-out installed.

It all include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all the work associated with this Section, including but not necessarily limited to, complete removal of asphalt, concrete (sidewalk, curb, gutter), and aggregate base, construction of concrete curb and gutter, sidewalk, and curb ramps as required to install concrete curb ramp bulb-outs, restoration of surrounding improvements and asphalt concrete where needed, installation of detectable warning surfaces and ensuring final grades are ADA compliant, clean-up, 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.

END OF SECTION 106

2022 MISSION ROAD CROSSWALK IMPROVEMENT PROJECT 117

SECTION 107 - PAVEMENT STRIPING AND MARKINGS

PART 1 – GENERAL

Attention is directed to the provisions in Section 84-2, “Traffic Stripes and Pavement Markings,” of the Standard Specifications and these technical provisions.

1.01 WORK INCLUDED

A. Work covered by this section shall include placing thermoplastic stripes and markings and painting curbs at the locations shown on the project plans and in accordance with the dimensions and details shown in the Standard Plans, latest edition. Nothing in this Section shall relieve the Contractor from his responsibilities as provided in Section 7-1.04, "Public Safety", of the State Standard Specifications.

B. It shall also consist of grinding existing thermoplastic striping and legends as shown on the project plan and as directed by the Engineer.

1.02 REFERENCES

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

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

1.03. SUBMITTALS

A. For each lot or batch of thermoplastic, paint, and glass beads, submit:

1. Certificate of compliance, including the product name, lot/batch number, and manufacture date

2. METS notification letter stating that the material is authorized for use, except for thermoplastic

3. SDS

4. Material data sheet for thermoplastic primer

B. For each lot or batch of thermoplastic, submit a manufacturer's certificate of compliance with test results for the tests specified in section 84-2.01D. The date of test must be within 1 year of use.

C. For glass beads used in drop-on applications and in thermoplastic formulations, submit a certificate of compliance and test results for each lot of beads specifying the EPA test methods used and tracing the lot to the specific test sample. The testing for lead and arsenic content must be performed by an independent testing laboratory.

2022 MISSION ROAD CROSSWALK IMPROVEMENT PROJECT 118

D. Submit retroreflectivity readings for traffic stripes and pavement markings at locations with deficient retroreflectivity determined by the Engineer.

PART 2 - PRODUCTS

2.01 TEMPORARY PAVEMENT MARKERS (FLOPPIES)

[RESERVED]

2.02 THERMOPLASTIC STRIPES AND MARKING

A. The thermoplastic material shall conform to State Specification PTH-02SPRAY, PTH- 02HYDRO or PTH-02ALKYD with a minimum skid friction value of BPN = 35.

B. Glass beads to be applied to the surface of the molten thermoplastic material shall conform to the requirements of State Specification 8010-22L-22 (Type II), or AASHTO Designation:

M 247 (Type 1).

C. Stencils for pavement markings shall be US customary units (English), in accordance with the State Standard Plans.

2.03 PAINT STRIPES AND MARKINGS

Paint material to be used for striping and pavement markings shall conform to Section 84-2 “Traffic Stripes and Pavement Markings” of the Standard Specifications.

2.04 ADHESIVES

Adhesive for pavement markers shall be either rapid set epoxy or hot melt bituminous adhesive conforming to the requirements of Section 85 of the State Standard Specifications.

2.05 RAISED PAVEMENT MARKERS

[RESERVED]

2.06 REFLECTORIZED MARKERS

Retro reflective markers shall be of the size and type designated on the plans and shall conform to the requirements of Section 8 of the State Standard Specifications. Mounting hardware shall conform to the requirements of Section 81-3.02C “Retroreflective Pavement Markers” of the State Standard Specifications.

2022 MISSION ROAD CROSSWALK IMPROVEMENT PROJECT 119

2.07 CURB PAINTING

Curb paint shall be of a latex base consisting of color in accordance with Town Standards.

PART 3 – EXECUTION

Completed traffic stripes and pavement markings shall have clean and well-defined edges without running or deformation shall be uniform, straight on a tangent alignment, and on a true arc on a curved alignment. The width of completed traffic stripes and pavement markings shall not deviate in dimensions as specified in Section 81-3.02C of the Standard Specifications.

3.01 REMOVAL OF EXISTING MARKING AND MARKERS

A. Before obliterating any pavement delineation or markings that are to be replaced in the same direction, the Contractor shall document and reference the existing pavement delineation and markings with sufficient control points to reestablish their alignment.

B. Existing pavement markings, markers, buttons, and striping shall be removed and disposed of as required by the Contract Documents and as directed by the Engineer. Removal shall be performed in such a manner so as to leave the existing pavement undamaged. Should the removal process leaves a divot of more than 1/4 inch deep, each divot shall be repaired with an approved bituminous adhesive.

C. Waste from removal of yellow painted traffic stripe may contain lead chromate. Residue produced when yellow paint is removed may contain heavy metals in concentrations that exceed thresholds established by the California Health and Safety Code and may produce toxic fumes when heated. As such, when grinding or other methods approved by the Engineer are used to remove yellow painted traffic stripes, the removed residue, including dust, shall be collected and contained immediately. The Contractor shall submit a written work plan for the removal, storage, and disposal of yellow painted traffic stripe to the Engineer for approval not less than 15 days prior to the start of the removal operations. Removal operations shall not be started until the Engineer has approved the work plan.

3.02 TEMPORARY PAVEMENT MARKERS (FLOPPIES)

[RESERVED]

3.03 LAYOUT AND CAT-TRACKING

A. No permanent striping or application of pavement markers shall occur until after the Contractor has field marked and established a satisfactory alignment and layout for the proposed striping (cat-tracking) and this alignment has been approved by the Engineer.

B. Cat tracking shall consist of stretching a rope on a straight line between control points on

2022 MISSION ROAD CROSSWALK IMPROVEMENT PROJECT 120

tangent alignment and on a true arc through control points on curved alignment and placing spots of paint along the rope.

C. The Town shall have the right to make changes in the location and alignment of line stripes.

Striping and traffic markings shall not be applied until approval is granted by the Public Works Director. The Contractor shall allow a minimum of three working days for review of the layout by the Town.

3.04 THERMOPLASTIC STRIPES AND MARKING

A. Thermoplastic stripes and markings shall be hot applied in conformance with the manufacturer's recommended instructions and the applicable requirements of Section 84-

2.03C(2) of the Standard Specifications.

B. Thermoplastic material shall be applied only to dry pavement surfaces and only when the pavement surface temperature is above fifty degrees (50°) Fahrenheit. The thermoplastic material shall be applied to the pavement at a temperature between 400 degrees (400°) Fahrenheit and 425 degrees (425°) Fahrenheit.

C. A primer, of the type recommended by the manufacturer shall be applied to all pavement surfaces over 6-months old. The thermoplastic material may be applied by either spray or extrusion method in a single uniform layer.

D. Thermoplastic material for both pavement markings and traffic stripes shall be applied at a thickness of 0.100 to 0.150 inch. Glass beads shall be applied immediately to the surface of the molten thermoplastic material at a rate not less than eight pounds per hundred square feet (8 lbs/100 sf).

E. The contractor shall not place pavement markings and markers on any manhole, valve, anode, detector handhole, or monument rim and cover. For lane striping, placement of markings or markers shall discontinue on the rim and cover and shall continue along the same alignment, as shown in the drawings. Any cover marked during the construction of the project shall be restored to its original condition or replaced, in kind, at the contractor’s expense.

3.05 PAINT STRIPES AND MARKINGS

Paint is to be applied in conformance with the manufacturer's recommended instructions and the applicable requirements of Section 84-2.03C(3) of the State Standard Specifications.

3.06 ADHESIVES

A. The portion of the street surface, which will receive the pavement markers or delineators, shall be free of dirt, oil, moisture, or any other material that would adversely affect the bonding of the adhesive.

2022 MISSION ROAD CROSSWALK IMPROVEMENT PROJECT 121

B. Adhesive shall be placed in sufficient quantity to completely cover the bottom of the marker or delineator with no voids and with slight excess after the marker has been pressed into place.

The marker or delineator shall be protected against impact until the adhesive has hardened.

3.06 RAISED PAVEMENT MARKERS

[RESERVED]

3.07 REFLECTORIZED MARKERS AND DELINEATORS

[RESERVED]

3.08 CURB PAINTING

The temperature during application shall not be less than 50 degrees Fahrenheit. Curb shall be dry at least two days prior to application. Unless otherwise directed by the Public Works Director, existing curb and median island painting shall be repainted within the project limits, and all curb painting eliminated as a result of new curb and gutter improvements shall be restored.

3.09 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS

The Contractor shall protect the newly installed pavement markers and thermoplastic stripes from damage until the material has cured or sufficiently hardened. Contractor shall replace any broken, misaligned or otherwise disturbed markings, prior to opening the roadway to traffic.

Existing signs or other markings removed or damaged due to the installation of roadway striping shall be replaced in kind. Existing landscaping or planting removed damaged or disturbed shall be replaced in kind.

3.10 CLEAN-UP

Upon completion of the installation of striping, the Contractor shall thoroughly clean the work site of all waste, rubbish, construction debris, drips, over-spray, improper markings and/or layout paint markings and tracked thermoplastic material; all of which shall be removed immediately from the pavement surface by methods approved by the Engineer.

PART 4 - MEASUREMENT AND PAYMENT

Bid Item 5, 7-8, 12

These bid items shall be measured on a per linear foot basis based on the actual length of thermoplastic pavement striping installed and curb painted.

2022 MISSION ROAD CROSSWALK IMPROVEMENT PROJECT 122

Bid Item 6

The bid item shall be measured on a per square foot basis as defined with calculated areas in the Caltrans Standard Plans and paid based on the actual thermoplastic legends installed.

Bid Item 10-11

These bid items shall be measured and paid per each thermoplastic pavement symbol and marking installed

Bid Item 5-8, 10-12 shall include full compensation for furnishing all labor, materials, equipment, and incidentals for doing all the work associated with this Section, including, pavement preparation, establishing alignment and layout (cat-tracking), placement of new traffic striping and pavement markings in thermoplastic, curb painting, clean-up, 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.

END OF SECTION 107

2022 MISSION ROAD CROSSWALK IMPROVEMENT PROJECT 123

SECTION 108 - SIGNS

PART 1 - GENERAL

1.01 WORK INCLUDED

Work covered by this section shall consist of furnishing and installing all new traffic signs and Rectangular Rapid Flashing Beacons (RRFBs) at locations shown on the plans and in the field or as directed by the Engineer. All labor, materials, equipment, and apparatus not specified herewith or noted on the plans but required to complete the work are to be included.

1.02 REFERENCES, CODES AND STANDARDS

A. California Manual on Uniform Traffic Controls (CA MUTCD), California Department of Transportation, latest edition, unless noted otherwise.

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

C. Town of Colma Standard Specifications, Edit 2.A, Dated January 1999 and Town of Colma Standard Details, Dated 1998.

1.03 SUBMITTALS

Manufacturer of supplier’s certificates of compliance with the specified standards for the products identified below.

PART 2 – PRODUCTS

2.01 TRAFFIC SIGN PANELS

A. Materials shall be in conformance with Section 82, “Signs and Markers” of the Standard Specifications and the CA MUTCD.

B. All signs shall be fabricated from high tensile alloy aluminum with reflective smooth finish.

Sign panels shall be a minimum of 0.080 inch thick, cut to size and shape with a tolerance of 1/32 inch. All panels shall be flat and free of buckles, warps, dents, burrs and any other defects resulting from fabrication.

C. All signs are to be of Diamond grade reflectivity.

D. Sizes for signs in the street, or signs that serve pedestrians, bicyclists, and vehicles, shall be as required for “Conventional Roads” as defined in Part 2, “Signs,” of the CA-MUTCD.

2022 MISSION ROAD CROSSWALK IMPROVEMENT PROJECT 124

2.02 SIGN FOUNDATION

A. Concrete for post foundations shall conform to Section 106 “Concrete” of the technical provisions and specifications on the project plans.

2.03 RECTANGULAR RAPID FLASHING BEACONS (RRFB)

A. RRFB shall be a complete wireless system (System) installed as shown on the plans and in accordance with all provisions of CA MUTCD and the manufacturer’s recommendations.

B. The RRFB System shall consist of the following:

1. Supporting structure (pole, breakaway pedestal base, and foundation)

2. Indicators (LED-array based light bar).

3. Signage (W11-2, W16-7p)

4. Pedestrian Push Button

5. Solar Panel and Battery System

6. Controller Cabinet

7. Electrical Components (wiring, circuit boards, etc.)

C. Each RRFB shall be supplied with all required software and hardware for a complete functional system.

D. Each RRFB shall be ADA compliant.

PART 3 – EXECUTION

3.01 New Sign Installation

A. All sign types, locations, and offsets shall be approved by Engineer prior to installation.

B. Sign installation shall conform to Section 82 of the Standard Specifications.

C. Signs shall be level and placed at a minimum height of 7-ft measured from the finished ground elevation to the bottom invert of the sign.

D. Sign posts shall be plumb and set at least 30-inches into the ground and encased in concrete poured against undisturbed earth, with a minimum thickness of 6-inches of concrete at any point.

3.02 RRFB System Installation

A. Provide and install foundation, pole, pedestal base, connectors, wiring, signal beacons, push button, solar wireless apparatuses, signs, brackets, and software in accordance with the plans or as directed by the Engineer.

2022 MISSION ROAD CROSSWALK IMPROVEMENT PROJECT 125

B. Install shallow foundation as directed by the Engineer when utility conflicts are identified in the field.

PART 4 - MEASUREMENT AND PAYMENT

Bid Item 4 and 13

The bid item shall be measured and paid per each new traffic sign and RRFB installed.

It all include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all the work associated with this Section, including but not necessarily limited to, construction of the foundations, installation of the poles, pedestal bases, light bars, solar wireless apparatuses, push buttons, new traffic signs, brackets, software, clean-up, 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.

END OF SECTION 108

2022 MISSION ROAD CROSSWALK IMPROVEMENT PROJECT 126

THIS PAGE INTENTIONALLY LEFT BLANK

2022 MISSION ROAD CROSSWALK IMPROVEMENT PROJECT 127

APPENDIX A

PROJECT PLANS

2022 Mission Road Landscape Enhancement Project Page 1 of 3

STAFF REPORT
TO
: Mayor and Members of the City Council
FROM: Brad Donohue, Director of Public Works, CSG
Dave Bishop, Senior Engineer
VIA: Brian Dossey, City Manager
MEETING DATE: May 11, 2022
SUBJECT: 2022 Mission Road Landscape Project – Bid Package Approval

RECOMMENDATION
Staff recommends that the City Council by motion:

APPROVE BID DOCUMENT PACKAGE AND AUTHORIZE STAFF TO ADVERTISE NOTICE FOR BIDS FOR THE 2022 MISSION ROAD LANDSCAPE PROJECT AND AUTHORIZE THE

CITY MANAGER TO APPROVE CHANGES TO THE PLAN DOCUMENTS AS NEEDED OR REQUIRED; AND

ADOPT RESOLUTION AMENDING THE TOTAL CAPITAL PROJECT BUDGET FOR MISSION ROAD LANDSCAPING (908) TO BE $372,200

EXECUTIVE SUMMARY
Staff has prepared project plans and specifications (“Bid Package”) for the 2022 Mission Road Landscape Project Prior to publishing and advertising the Project Bid Package, staff is requesting the City Council review, comment and approve the Project Bid Package plans and specifications.

If approved, staff will proceed with advertising the notice inviting bids in accordance with the Uniform Public Construction Cost Accounting Act for the Project. Staff is also requesting that the capital project budget for the Mission Road Landscape Project be increased by $343,200 for construction and construction management costs.

FISCAL IMPACT
There is no fiscal impact to approve the Bid Package. City council approved a design budget for the Mission Road landscape Project in the amount of $29,000. Based on the Landscape Architects construction estimate and estimated construction administrative costs, Staff is requesting that City Council amend the Mission Road Landscape Project capital budget by $343,200 for a total budget of $372,200. At the time of contract award, if needed, staff will request from City Council a CIP budget amendment incorporating all project costs (design, construction, and construction management costs along with contingencies).

Item #9

2022 Mission Road Landscape Enhancement Project Page 2 of 3

BACKGROUND
At a Study Session on April 21, 2021, City Council reviewed the merits of obtaining a portion of Holy Cross’ property that fronts Mission Road for the purposes of landscaping and providing added beautification for the residents and businesses in the Mission Road area. At the February 23, 2022, City Council Meeting, a Resolution was adopted adding the Mission Road Landscape Project (#908) to the Town’s CIP.

With the approval of incorporating the Mission Road Landscape Project into the Town CIP, Staff proceeded with Plans and specifications for the landscaping of a portion of Mission Road that fronts 1500 Hillside Road, (Holy Cross Cemetery).

ANALYSIS
The 2022 Mission Road L andscape Enhancement Project consists of the following elements:
miscellaneous demolition of proposed pedestrian and planting areas adjacent to the Right of Way frontage that fronts 1500 Mission Road, Colma ( Holy Cross Cemetery ); fine grading of project areas, concrete sidewalk paving including aggregate base, installation of irrigation equipment in proposed plant areas, and proposed planting. In addition, standard construction tasks such as stormwater protection features and best management practices, Clean-up, fencing, traffic control as needed, etc are also included per the project specifications.

The intent of this project was to not only beautify this area giving both residents and business in the Mission Road neighborhood a fresh healthy look . The plan will accommodate s eniors, the veteran population who live at Veterans Village, and other travelers rest and shade areas as they travel up and down Mission Road.

Dillingham Landscape Architects along with Staff prepared the project plans (Attachment A) and project specifications (Attachment B). A Notice to invite contractors to bid on this project will be sent out by formal bid procedure as set forth in the California Uniform Construction Cost Accounting Act and section 1.06.290 of the Colma Municipal Code per the Town of Colma. Notices will be published in local newspaper and trade journals, posted on the Town’s information bulletin boards, Town’s webpage and qualified contracts who requested to be notified of construction projects as related to their expertise. 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:

May 11, 2022: Approve Plans and Specifications and authorize to release bid package May 2022: Advertise Project
July, 2022 Award Construction Contract
August 2022
December 2022.

Start of Construction
End of Construction

2022 Mission Road Landscape Enhancement Project Page 3 of 3

CITY COUNCIL VALUES
The Mission Road Landscape Enhancement Project is consistent with the City Council’s value of being fair, staying committed to offering all residents and businesses healthy neighborhoods and creating a sense of civic pride for those who live and work in the area.

CONCLUSION
Staff seeks Council’s motion to approve the Bid Package and authorize advertisement of the noticing inviting bids for the Project and authorizing the City Manager to approve minor changes and or additions as needed or required. Staff is also requesting t hat the City Council adopt a resolution to increase the project budget by $343,200 for a total budget amount of $372,200.

ATTACHMENTS
A. Resolution
B. Bid Documents – Project Plans
C. Bid Documents – Project Specifications

Res 2022-__, Mission Road Landscaping Budget Amendment Page 1 of 2 RESOLUTION NO. 2022-___

OF THE CITY COUNCIL OF THE TOWN OF COLMA

RESOLUTION AMENDING THE MISSION ROAD
LANDSCAPING ENHANCEMENTS PROJECT (CIP #908) BUDGET
The City Council of the Town of Colma hereby resolves:

1. Background.
(a) On February 23, 2022, the City Council added the Mission Road Landscaping Enhancements Project (CIP #908) to the Fiscal Year 2021-2022 Capital Improvement Program. (b) At that time, $29,000 of the Mission Road Bicycle and Pedestrian Improvement Project (CIP #903) design budget was moved to the Mission Road Landscaping Enhancements Project (CIP #908) planning and design budget.
(c) Staff is now requesting that the capital project budget for the Mission Road Landscape Enhancements Project (CIP #908) be increased by $343,200 for construction and construction management costs.

2. Order.

Now, therefore, the City Council does hereby order that:
(a) The Mission Road Lan dscaping Enhancements Project (CIP # 908) budget is hereby increased by $343,200, for a new total of $372,200.
(b) A total of $343,200 is to be transferred from the General Fund (11) to the Street Capital Fund (32) on July 1, 2022.
(c) This resolution shall become effective upon its adoption. //
//
//
//
//
//
Attachment A
Res 2022-__, Mission Road Landscaping Budget Amendment Page 2 of 2 Certification of Adoption
I certify that the foregoing Resolution No. 2022-__ was duly adopted at a regular meeting of said City Council held on May 11, 2022 by the following vote:

Name Voting Present, Not Voting Absent
Ay e No Abstain Not Participating
Helen Fisicaro, Mayor
Diana Colvin
Raquel “Rae” Gonzalez
Joanne F. del Rosario
John Irish Goodwin
Voting Tally
D
ated ______________________ ___________________________________ Helen Fisicaro, Mayor
At
test: ____________________________
Caitlin Corley, City Clerk
Attachment B

C
R
STOP
MATCH
LINE A
MATCH
LINE A
MATCH
LINE B
MATCH
LINE B
S:\Client Files\Dillingham\Projects\Holly Cross Cemetary\DWGS\2- Submittal 2-95% Submittal\IRRIGATION PLAN.dwg@ 01:57:48 PM 04/29/22 @ 01:57:48 PMPlotted on:

L a n d s c a p e A r c h i t e c t s
Date
Renewal Date
Signature

STATE O F C A L IFORNIA
M
. REED DILLINGHA M No. 1431
09 / 30 / 2023

LICENSED LANDSCA PE ARCHITECT
PLEASANTON, CALIFORNIA 94566

IRRIGATION CONSULTANTS
480 ST. JOHN STREET, SUITE 220
E-MAIL [email protected]
TEL 925.855.0417 FAX 925.855.0357
“I HAVE COMPLIED WITH THE

CRITERIA OF THE MODEL WATER

EFFICIENT LANDSCAPE ORDIANCE

AND HAVE APPLIED THEM FOR

THE EFFICIENT USE OF WATER IN
THE IRRIGATION DESIGN PLAN.”
SLEEVING NOTES:

1. SLEEVING IS SHOWN AT MAJOR SIDEWALK AND STREET CROSSINGS.

SLEEVES FOR ALL IRRIGATION PIPING AND CONTROL/COMMUNICATION

WIRES SHALL BE INSTALLED UNDER ALL PAVED SURFACES, WALL FOOTINGS, DRAINAGE CHANNELS, ETC.

2. PIPE SLEEVE SIZE SHALL ALLOW FOR IRRIGATION PIPING AND THEIR RELATED COUPLINGS TO EASILY SLIDE THROUGH SLEEVING MATERIAL.

3. EXTEND SLEEVES 6" BEYOND EDGES OF PAVING.

4. UNLESS OTHERWISE SHOWN, ALL MAINLINE PIPE AND CONTROL WIRE SHALL BE INSTALLED IN A SINGLE SLEEVE.

5. SLEEVING DIAMETER SHALL EQUAL TWICE THAT OF THE PIPE AND/OR

WIRING BUNDLE
POINT OF CONNECTION:

CONNECT IRRIGATION MAINLINE TO EXISTING MAINLINE AT THE CEMETERY.

CONTRACTOR TO FIELD VERIFY EXACT LOCATION.

CONTRACTOR TO DEVELOP PLAN FOR POINT OF CONNECTION WORK WHICH PROTECTS HISTORIC STONE WALL. PLAN SHALL INCLUDE EXPLORATORY

EXCAVATION WORK, PROTECTION OF BOTH WALL FACES, AND SHORING MEASURES. PLAN SHALL ACCOUNT FOR THE UNKNOWN SUB-SURFACE CONDITIONS, INCLUDING WALL DEPTH AND FOOTING CONSTRUCTION.

IRRIGATION CONTROLLER “C”-PEDESTAL MOUNT AS
DIRECTED BY ARCHITECT. CONTROLLER IS SOLAR

POWERED WITH BATTERY BACKUP, REFER TO IRRIGATION
LEGEND, NOTES AND DETAILS FOR MORE INFORMATION.

IRRIGATION DEMAND: 8.4 GPM AT 60 PSI. STREET
PRESSURE IS GIVEN AS XX. FIELD VERIFY STATIC
WATER PRESSURE PRIOR TO STARTING ANY WORK.

IF PRESSURE VARIES FROM REQUIRED PRESSURE

STATED ABOVE, NOTIFY LANDSCAPE ARCHITECT
FOR FURTHER INSTRUCTION.
6" SL.
6" SL.
4" SL.
6" SL.
4" SL.

C-1
6 .57
401"
C-2

1.2 2.32
401"
C-3.57
540 1"
C-4
6 .57
401"
C-5.57
540 1"
C-6

3.9 2.31
401"
C-7
5 .57
401"
C-8.57
640 1"
C-9
8 .57
401"
C-10

8.4 2.3
401"
C-11.57
740 1"
C-12
8 .57
401"
1/ 1"2
1/ 1"2
1/ 1"2
1/ 1"2
1/ 1"21/ 1"2
1/ 1"2
1/ 1"2
1/ 1"2
1/ 1"2

WEATHER (RAIN)SENSOR TRANSMITTER- INSTALL WHERE

TRANSMITTER IS EXPOSED TO FULL WEATHER
CONDITIONS. VERIFY COMMUNICATION RECEPTION TO THE
RECEIVER PRIOR TO INSTALLATION. FINAL LOCATION TO
BE DETERMINED IN THE FIELD.
8 S:\Client Files\Dillingham\Projects\Holly Cross Cemetary\DWGS\2- Submittal 2-95% Submittal\IRRIGATION PLAN.dwg@ 01:59:01 PM 04/29/22 @ 01:59:01 PMPlotted on:

L a n d s c a p e A r c h i t e c t s
Date
Renewal Date
Signature

STATE O F C A L IFORNIA
M
. REED DILLINGHA M No. 1431
09 / 30 / 2023

LICENSED LANDSCA PE ARCHITECT
PLEASANTON, CALIFORNIA 94566

IRRIGATION CONSULTANTS
480 ST. JOHN STREET, SUITE 220
E-MAIL [email protected]
TEL 925.855.0417 FAX 925.855.0357
“I HAVE COMPLIED WITH THE

CRITERIA OF THE MODEL WATER

EFFICIENT LANDSCAPE ORDIANCE

AND HAVE APPLIED THEM FOR

THE EFFICIENT USE OF WATER IN
THE IRRIGATION DESIGN PLAN.”
DRIPLINE NOTES:

1. PLANS ARE DIAGRAMMATIC. INSTALL DRIPLINE AND COMPONENTS PER MANUFACTURERS INSTRUCTIONS AND INSTALLATION DETAILS.

2. INSTALL DRIPLINE A MAXIMUM OF 18” APART WITH EMITTERS TRIANGULARLY SPACED. INSTALL 2” FROM PERIMETER OF PLANTED AREA. THERE SHOULD BE A MINIMUM OF TWO DRIPLINE LATERALS IN EACH PLANTED AREA. DRIPLINE SHALL BE INSTALLED AT A CONSISTANT DEPTH THROUGHOUT THE CIRCUIT.

3. PLACE AIR/VACUUM RELIEF VALVES AT THE HIGHEST POINTS OF EACH ZONE AND JUST BELOW CHECK VALVES ON SLOPES. INSTALL ONE AIR/VACUUM RELIEF VALVE FOR EVERY 750' OF TOTAL DRIPLINE PER ZONE.

4. PLACE FLUSH VALVES AT THE HYDRAULIC CENTER OF THE EXHAUST HEADER OR AT LOW POINT ON SLOPES. INSTALL MINIMUM OF ONE FOR EVERY 15 GPM.

5. INSTALL IN-LINE CHECK VALVES ON SLOPES GREATER THAN 3% AND WHERE LOW-LINE DRAINAGE COULD CAUSE WET AREAS IN THE LOWEST AREAS OF AN IRRIGATION ZONE. CHECK VALVES SHALL BE PLACED EVERY 4-5 FEET BETWEEN DRIPLINE LATERALS AND BEFORE THE FLUSH VALVE.

6. ON ALL SLOPES AND MOUNDS, PLACE THE DRIPLINE LATERALS PARALLEL TO THE SLOPE CONTOUR WHERE POSSIBLE. INCREASE THE LATERAL SPACING BY 25% ON THE LOWER ONE-THIRD OF THE SLOPE TO AVOID EXCESS DRAINAGE.

7. PVC SUPPLY AND FLUSH LINE SIZING GUIDE (ALL SUPPLY AND FLUSH LINES SHALL BE THE SAME SIZE FOR THE ENTIRE ZONE):

FOR SCH. 40 LATERAL
·0-5 GPM - 3/4”
·5.1-10 GPM - 1”
·10.1-20 GPM - 1 1/4”
·20.1-28 GPM - 1 1/2”

8. FITTINGS SHALL BE OF THE SAME MANUFACTURER AS DRIPLINE.

9. THOROUGHLY FLUSH EACH INSTALLATION SEGMENT TO ENSURE NO DEBRIS CONTAMINATION OCCURS.

10. RUN THE DRIPLINE SYSTEM EVERY DAY OR EVERY OTHER DAY TO ESTABLISH PLANT MATERIAL. MAINTAIN A CONSISTENT MOISTURE BALANCE IN THE SOIL. IT IS IMPORTANT TO KEEP THE SOIL MOIST WITHOUT SATURATION.

LATERAL LINE SIZING CHART
BUBBLERS - 4 GPH

SPRINKLER TYPEGPM

5.1-15
1-53/4"
1"
PIPE SIZE NO. OF
BUBBLERS*
76-225
1-75
* QUANTITY INDICATES NO. OF BUBBLERS, NOT NO. OF TREES.

THERE ARE TWO BUBBLERS PER TREE AND ONE BUBBLER
PER SHRUB. LATERAL LINE FROM REMOTE CONTROL VALVE
TO FIRST BUBBLER SHALL BE 1" MINIMUM.

BUBBLERS - 9 GPH

5.1-15
1-53/4"
1" 33-96
1-32

IRRIGATION NOTES

1.THE CONTRACTOR SHALL REVIEW RELATED DRAWINGS AND SHALL ENSURE COORDINATION WITH ALL APPLICABLE TRADES PRIOR TO SUBMITTING BID.

2. THE IRRIGATION SYSTEM SHALL BE INSTALLED IN CONFORMANCE WITH ALL APPLICABLE STATE AND LOCAL CODES AND ORDINANCES BY LICENSED CONTRACTORS AND EXPERIENCED WORKERS. CONTRACTOR SHALL OBTAIN AND PAY FOR ALL REQUIRED PERMITS AND FEES RELATING TO THEIR WORK.

3. THIS DESIGN IS DIAGRAMMATIC. ALL PIPING, VALVES, ETC. SHOWN WITHIN PAVED AREAS IS FOR DESIGN CLARIFICATION ONLY AND SHALL BE INSTALLED IN PLANTING AREAS WHERE POSSIBLE. AVOID ANY CONFLICTS BETWEEN THE IRRIGATION SYSTEM, PLANTING AND ARCHITECTURAL FEATURES.

4. PARALLEL PIPES MAY BE INSTALLED IN COMMON TRENCH. PIPES ARE NOT TO BE INSTALLED DIRECTLY ABOVE ONE ANOTHER. TRENCHES SHALL BE AMPLE SIZE TO PERMIT THE PIPES TO BE LAID AT HE ELEVATIONS INTENDED AND TO PERMIT SPACE FOR JOINING.

5. DO NOT WILLFULLY INSTALL THE IRRIGATION SYSTEM AS SHOWN ON THE DRAWINGS WHEN IT IS OBVIOUS IN THE FIELD THAT OBSTRUCTIONS, GRADE DIFFERENCES OR DIFFERENCES IN THE AREA DIMENSIONS EXIST THAT MIGHT NOT HAVE BEEN CONSIDERED IN THE ENGINEERING. SUCH OBSTRUCTIONS OR DIFFERENCES SHOULD BE BROUGHT TO THE ATTENTION OF THE OWNER'S AUTHORIZED REPRESENTATIVE. IN THE EVENT THAT THIS NOTIFICATION IS NOT PERFORMED, THE CONTRACTOR SHALL ASSUME FULL RESPONSIBILITY FOR ANY REVISIONS NECESSARY.

6. IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO BECOME FAMILIAR WITH ALL GRADE DIFFERENCES, LOCATION OF WALLS, RETAINING WALLS, ETC. COORDINATE WORK WITH

THE GENERAL CONTRACTOR AND OTHER SUBCONTRACTORS FOR THE LOCATION AND THE INSTALLATION OF PIPE SLEEVES THROUGH WALLS, UNDER ROADWAYS, PAVING, STRUCTURES, ETC. CONTRACTOR TO VERIFY THE LOCATION OF EXISTING UNDERGROUND UTILITIES AND STRUCTURES PRIOR TO THE EXCAVATION OF TRENCHES. CONTRACTOR IS TO REPAIR ANY DAMAGE CAUSED BY THEIR WORK AT NO ADDITIONAL COST TO THE OWNER.

7. DUE TO THE SCALE OF THE DRAWINGS, IT IS NOT POSSIBLE TO INDICATE ALL OFFSETS, FITTINGS, SLEEVES, ETC., WHICH MAY BE REQUIRED. CAREFULLY INVESTIGATE THE STRUCTURAL AND FINISHED CONDITIONS AFFECTING ALL WORK AND PLAN WORK ACCORDINGLY, FURNISHING SUCH FITTINGS, ETC., AS MAY BE REQUIRED TO MEET SUCH CONDITIONS. DRAWINGS ARE GENERALLY DIAGRAMMATIC AND INDICATIVE OF THE WORK TO BE INSTALLED.

8. IRRIGATION CONTROL WIRE SHALL BE #14, U.L. APPROVED FOR DIRECT BURIAL. COMMON WIRE SHALL BE #12 U.L. APPROVED AND SHALL BE WHITE IN COLOR. WIRING TO INDIVIDUAL REMOTE CONTROL VALVES SHALL BE COLOR OTHER THAN WHITE.

9. EACH CONTROLLER SHALL HAVE ITS OWN INDEPENDENT GROUND WIRE.

10. REMOTE CONTROL VALVES SHALL BE WIRED TO CONTROLLER IN SEQUENCE AS SHOWN ON PLANS. RUN WIRE FROM EACH RCV TO THE CONTROLLER. SPLICING WIRES TOGETHER OUTSIDE OF VALVE BOXES WILL NOT BE PERMITTED.

11. SPLICING OF 24-VOLT WIRES WILL NOT BE PERMITTED EXCEPT IN VALVE BOXES. LEAVE A 36” COIL OF EXCESS WIRE AT EACH SPLICE AND 100 FEET ON CENTER ALONG WIRE RUN. TAPE WIRE IN BUNDLES 10 FEET ON CENTER. NO TAPING PERMITTED INSIDE SLEEVES.

12. WIRE CONNECTORS SHALL BE 3M-DBR/Y-6 DIRECT BURY UNLESS OTHERWISE NOTED.

13. INSTALL ONE (1) SPARE CONTROL WIRE FOR EVERY 6 (SIX) STATIONS ON THE CONTROLLER ALONG THE ENTIRE MAIN LINE. SPARE WIRES SHALL BE THE SAME COLOR (ONE WITH A WHITE STRIPE) AND OF A DIFFERENT COLOR THAN OTHER CONTROL WIRES. LOOP 36” EXCESS WIRE INTO EACH SINGLE VALVE BOX AND INTO ONE VALVE BOX IN EACH GROUP OF VALVES.

14. VALVE LOCATIONS SHOWN ARE DIAGRAMMATIC. INSTALL IN GROUND COVER/SHRUB AREAS WHERE POSSIBLE

15. INSTALL VALVE BOXES MINIMUM 12” FROM AND PERPENDICULAR TO WALK, CURB, BUILDING OR LANDSCAPE FEATURE. AT MULTIPLE VALVE BOX GROUPS, EACH BOX SHALL BE AN EQUAL DISTANCE FROM THE WALK, CURB, ETC. AND EACH BOX SHALL BE MINIMUM 12” APART. SHORT SIDE OF VALVE BOXES SHALL BE PARALLEL TO WALK, CURB, ETC.

16. PRESSURE REGULATING DEVICES ARE REQUIRED IF WATER PRESSURE EXCEEDS THE RECOMMENDED PRESSURE OF THE SPECIFIED IRRIGATION DEVICES.

17. LOCATE QUICK COUPLING VALVE 12” FROM HARDSCAPE AREA.

18. FOR DRIP OR BUBBLER CIRCUITS, INSTALL KING BROS. CV SERIES CHECK VALVES IN LATERAL LINES FOR EVERY 10' OF ELEVATION CHANGE.

19. ALL MAIN LINES SHALL BE FLUSHED PRIOR TO THE INSTALLATION OF IRRIGATION BUBBLERS AND DRIP TUBING. AT 30 DAYS AFTER INSTALLATION EACH SYSTEM SHALL BE FLUSHED TO ELIMINATE GLUE AND DIRT PARTICLES FROM THE LINES.

20. FOR PROPER SOLVENT WELD OF PVC A SUITABLE PRIMER AND SOLVENT CEMENT SHALL BE USED. APPLICATION PRACTICE AND TECHNIQUE SHALL BE IN ACCORDANCE WITH THE PRIMER/CEMENT MANUFACTURER'S RECOMMENDATIONS. THE JOINING SURFACES MUST BE SOFTENED (WITH PRIMER/CEMENT) AND THE PIPE AND FITTING MUST BE ASSEMBLED WHILE THE SURFACES ARE STILL WET AND FLUID. USE ONLY WELD-ON 795 CEMENT FOR FLEXIBLE PVC TO RIGID PVC CONNECTIONS.

21. NOTIFY ARCHITECT OF ANY ASPECTS OF LAYOUT THAT WILL PROVIDE INCOMPLETE OR INSUFFICIENT WATER COVERAGE OF PLANT MATERIAL AND DO NOT PROCEED UNTIL HIS/HER INSTRUCTIONS ARE OBTAINED.

22. IN ADDITION TO THE SLEEVES AND CONDUITS SHOWN ON THE DRAWINGS, THE IRRIGATION CONTRACTOR SHALL BE RESPONSIBLE FOR COORDINATING THE INSTALLATION OF SLEEVES AND CONDUITS OF SUFFICIENT SIZE UNDER ALL PAVED AREAS.

23. ALL EXCAVATIONS ARE TO BE FILLED WITH COMPACTED BACKFILL. REPAIR ALL SETTLED TRENCHES PROMPTLY, FOR A PERIOD OF 1 YEAR AFTER COMPLETION OF WORK.

24. CONTRACTOR SHALL WARRANT THAT THE IRRIGATION SYSTEM WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP FOR A PERIOD OF 1 YEAR AFTER FINAL ACCEPTANCE OF WORK.

25. WHERE IT IS NECESSARY TO EXCAVATE ADJACENT TO EXISTING TREES, USE ALL POSSIBLE CARE TO AVOID INJURY TO TREES, AND TREE ROOTS. EXCAVATION IN AREAS WHERE 2 INCH AND LARGER ROOTS OCCUR SHALL BE DONE BY HAND. ROOTS 2 INCHES AND LARGER IN DIAMETER SHALL BE WRAPPED IN A PLASTIC BAG AND SECURED WITH A RUBBER BAND. TRENCHES ADJACENT TO TREE SHOULD BE CLOSED WITHIN 24 HOURS; WHERE THIS IS NOT POSSIBLE, THE SIDE OF THE TRENCH ADJACENT TO THE TREE SHALL BE KEPT SHADED WITH BURLAP OR CANVAS.

26. THE IRRIGATION SYSTEM DESIGN IS BASED ON THE MINIMUM OPERATING PRESSURE SHOWN ON THE IRRIGATION DRAWINGS. VERIFY WATER PRESSURE PRIOR TO CONSTRUCTION. REPORT ANY DIFFERENCE BETWEEN THE WATER PRESSURE INDICATED ON THE DRAWINGS AND THE ACTUAL PRESSURE READING AT THE IRRIGATION POINT OF CONNECTION TO THE OWNER'S AUTHORIZED REPRESENTATIVE.

27. IRRIGATION DEMAND: REFER TO IRRIGATION POINTS OF CONNECTION.

28. CONNECT FLOW SENSOR TO CONTROLLER WITH 2 CONDUCTOR DIRECT BURIAL SHIELDED SENSOR CABLE (EV-CAB-SEN.) INSTALL EACH CABLE IN A SEPARATE 1” PVC SCHEDULE 40 CONDUIT.

29. CONTRACTOR SHALL VERIFY REMOTE AND WEATHER SENSOR RECEPTION TO THE RECEIVER PRIOR TO INSTALLING THE CONTROLLER. IF SIGNAL IS TOO WEAK, EXTEND THE RECEIVER OUT TO A MAXIMUM OF 10' FROM THE CONTROLLER USING A 6 PIN PHONE CABLE WITH FEMALE ADAPTER. IF RECEPTION IS STILL TOO WEAK, CONTACT THE LANDSCAPE ARCHITECT FOR FURTHER INSTRUCTION.

30. OPERATE IRRIGATION CONTROLLER(S) BETWEEN THE HOURS OF 10:00 PM AND 7:00 AM.

31. NOTIFY ALL LOCAL JURISDICTIONS FOR INSPECTION AND TESTING OF INSTALLED BACKFLOW PREVENTION DEVICE.

32. NOTIFY UNDERGROUND SERVICE ALERT AT 811 AT LEAST 48 HOURS PRIOR TO ANY EXCAVATION.

33. A DIAGRAM OF THE IRRIGATION PLAN SHOWING HYDROZONES SHALL BE KEPT WITH THE IRRIGATION CONTROLLER FOR SUBSEQUENT MANAGEMENT PURPOSES.

34. A CERTIFICATE OF COMPLETION SHALL BE FILLED OUT AND CERTIFIED BY EITHER THE DESIGNER OF THE LANDSCAPE PLANS, IRRIGATION PLANS, OR THE LICENSED LANDSCAPE CONTRACTOR FOR THE PROJECT.

35. AN IRRIGATION AUDIT REPORT SHALL BE COMPLETED AT THE TIME OF FINAL INSPECTION. THE IRRIGATION CONTRACTOR SHALL ARRANGE AND PAY FOR THE AUDIT. THE AUDIT MUST BE PERFORMED BY A THIRD PARTY CERTIFIED LANDSCAPE IRRIGATION AUDITOR.

IRRIGATION LEGEND

MODEL NUMBERSYMBOLDESCRIPTION
LATERAL LINE: 1120-SCHEDULE 40 PVC SOLVENT WELD PIPE WITH SCHEDULE 40 PVC SOLVENT WELD FITTINGS. 12" COVER.

TORO DRIP ZONE VALVE KIT - INCL. REMOTE CONTROL VALVE W/ DC LATCHING SOLENOID, WYE FILTER WITH 150 MESH SCREEN, AND PRESET PRESSURE REGULATOR / NDS SCH 80 PVC BALL VALVE SUB-SURFACE DRIPLINE: TORO DL2000 RGP-212-10 DRIPLINE WITH ROOT GUARD. USE ONLY DL2000 DRIPLINE INSERT BARB FITTINGS. 2" COVER. (12" EMITTER SPACING; .53 GPH PER EMITTER) 1"15
C-1
30 1.6

NOT SHOWN
40 9 GPH- -
PSI
MAX.

RADIUS
MAX.

SPACING

FLOW RATE
(GPM)
DB-09-PC
EBV-0500-S
T-YD-500-34
570-DRIP-IND
DZK-700-DCL / LT-1000-T
100-2SLLVC/075-MHS
T-113-LF

MINI-CLIK
XCH-1200-SSP

XCHSPOLE

TORO PRESSURE COMPENSATING DRIP BUBBLER

INSTALL TWO BUBBLERS PER TREE
NDS 1/2" BALL VALVE FOR FLUSHING
TORO DL2000 AIR VENT

TORO POP-UP SPRAY OPERATION INDICATOR
TORO QUICK COUPLING VALVE WITH 3/4" HOSE SWIVEL

NIBCO LEAD FREE GATE VALVE (LINE SIZE)

HUNTER WIRED RAIN SENSOR

HUNTER XC HYBRID SOLAR CONTROLLER IN STAINLESS STEEL CABINET

POLE MOUNTING KIT

CONTROLLER AND STATION NUMBER

APPLICATION RATE (INCHES)

OPERATING PRESSURE (PSI)

APPROXIMATE GALLONS PER MINUTE

REMOTE CONTROL VALVE SIZE
SLEEVE (SL): 1120-CLASS 200 PVC PLASTIC PIPE. 24" COVER.

R
C
MAIN LINE: 1120-SCHEDULE 40 PVC SOLVENT WELD PLASTIC PIPE WITH SCHEDULE 80 AND SCHEDULE 40 PVC SOLVENT WELD FITTINGS. 18" COVER.
9 S:\Client Files\Dillingham\Projects\Holly Cross Cemetary\DWGS\2- Submittal 2-95% Submittal\IRRIGATION PLAN.dwg@ 01:59:37 PM 04/29/22 @ 01:59:37 PMPlotted on:

L a n d s c a p e A r c h i t e c t s
Date
Renewal Date
Signature

STATE O F C A L IFORNIA
M
. REED DILLINGHA M No. 1431
09 / 30 / 2023

LICENSED LANDSCA PE ARCHITECT
PLEASANTON, CALIFORNIA 94566

IRRIGATION CONSULTANTS
480 ST. JOHN STREET, SUITE 220
E-MAIL [email protected]
TEL 925.855.0417 FAX 925.855.0357
“I HAVE COMPLIED WITH THE

CRITERIA OF THE MODEL WATER

EFFICIENT LANDSCAPE ORDIANCE

AND HAVE APPLIED THEM FOR

THE EFFICIENT USE OF WATER IN
THE IRRIGATION DESIGN PLAN.”
MIN.
12"
EDGE OF LAWN, WALK, FENCE, CURB, ETC.

TOP VIEW
12" MIN.

MIN.
12"
MIN.
12"
MIN.
12"
12" MIN.

NOTES:

1. CENTER BOX OVER VALVE TO FACILITATE SERVICING VALVE.

2. SET BOXES 1" ABOVE FINISH GRADE OR MULCH COVER IN GROUND COVER/SHRUB AREA AND FLUSH WITH FINISH GRADE IN TURF AREA.

3. SET VALVE BOX ASSEMBLY IN GROUND COVER/SHRUB AREA WHERE POSSIBLE.

INSTALL IN LAWN AREA ONLY IF GROUND COVER/SHRUB AREA DOES NOT EXIST ADJACENT TO LAWN.

4. SET BOXES PARALLEL TO EACH OTHER AND PERPENDICULAR TO EDGE.

5. AVOID HEAVILY COMPACTING SOIL AROUND VALVE BOX EDGES TO PREVENT COLLAPSE AND DEFORMATION OF VALVE BOX SIDES.

6. VALVE BOXES SHALL HAVE BOLT DOWN LIDS WITH BOLTS INSTALLED.

7. VALVE BOXES SHALL BE BY NDS, CARSON, OR EQUAL.

ROUND VALVE
BOX
14"x19" RECTANGULAR

VALVE BOX
13"x20" OR

LARGER VALVE
BOX

NOT TO SCALE

VALVE BOX INSTALLATION DETAIL
4 SECTION VIEW

PLAN VIEW
NOTES:

1. SLEEVE BELOW ALL HARDSCAPE ELEMENTS WITH SPECIFIED PVC PIPE TWICE THE DIAMETER OF THE PIPE OR WIRE BUNDLE WITHIN.

2. FOR PIPE AND WIRE BURIAL DEPTHS REFER TO IRRIGATION LEGEND AND SPECIFICATIONS.

NOT TO SCALE

PIPE AND WIRE TRENCHING

MAINLINE, LATERAL, AND

WIRING IN THE SAME
TRENCH

MAINLINE
PIPE

LATERAL
PIPE

PIPE AND WIRE

SLEEVING

WIRE W/O

CONDUIT
PROVIDE A MINIMUM OF 2"

BETWEEN PIPES

RUN WIRE BENEATH
AND BESIDE MAINLINE.

TAPE AND BUNDLE AT
10-FOOT INTERVALS.

ALL SOLVENT WELD

PLASTIC PIPING TO BE

SNAKED IN TRENCH AS
SHOWN
TIE A 24" LOOP IN ALL WIRING

AT CHANGES IN DIRECTION
OF 30° OR GREATER. UNTIE

AFTER ALL CONNECTIONS
HAVE BEEN MADE.
4"
4"4"
4"
4"
4"
4"

BEDDING MATERIAL
CLEAN BACKFILL - 90%

COMPACTION REQUIRED
5 APPLY SCOTCHLOK Y SPRING

CONNECTOR IN A CLOCKWISE
DIRECTION.

STEP 2:

INSERT SPLICE TO BOTTOM OF
GEL-FILLED TUBE. CHECK TO MAKE

SURE CONNECTOR HAS BEEN

PUSHED PAST LOCKING FINGERS

AND IS SEATED AT BOTTOM OF
TUBE.

STEP 3:

POSITION WIRES IN WIRE

CHANNELS AND CLOSE
INSULATOR TUBE COVER.

STEP 4:

NOTE: MAXIMUM WIRE SIZES PER
CONNECTOR ARE THREE # 14'S OR
TWO #12'S.

STRIP WIRES 1/2" FROM ENDS.STEP 1:

NOT TO SCALE

WIRE CONNECTION DETAIL
6 TORO DRIP ZONE KIT

NOT TO SCALE
24 VOLT WIRE - ALLOW 36" OF
EXCESS WIRE COILED13" x 20" VALVE BOX

WITH COVER

WATER PROOF WIRE

CONNECTORS

FINISH GRADE
DRIP ZONE KIT:

REMOTE CONTROL VALVE, FILTER, AND

PRESSURE REGULATOR (ROTATE FILTER
PARALLEL TO PEA GRAVEL.)
PVC SCH 80

TOE NIPPLE

3.0-INCH MINIMUM DEPTH OF
3/4-INCH WASHED GRAVEL

PVC BALL VALVE
SCH 80 NIPPLE
(SIZE AS

REQUIRED)

PVC LATERAL
PVC SCH 80 TEE OR ELL BRICK (1 OF 4)
PVC
SCH 80
ELL
0" IN TURF AREA
1" IN SHRUB/

GROUNDCOVER AREA
ID TAG

PVC MAINLINE
PVC SCH 80
TOE NIPPLE 12"
18"
3 3"

NOT TO SCALE

GATE VALVE DETAIL
10" ROUND PLASTIC VALVE BOX

WITH BOLT DOWN LID

FINISH GRADE
0" IN LAWN
1" IN SHRUB/

GROUNDCOVER
AREA
6" PVC PIPE

GATE VALVE
BRICK-3 TOTAL
PEA GRAVEL 4" DEEP (NO

SOIL IN BOX)
PVC MAINLINESCH 80 PVC TOE NIPPLE

INLET/OUTLET
7 18"
1"
6" ROUND

VALVE BOX

FINISHED GRADE

AIR/VACUUM RELIEF VALVE
3/4" x 1/2" REDUCTION

BUSHING
2 WAY ADAPTER TEE

DRIPLINE TUBING

BRICK SUPPORTS
(3) PEA GRAVEL SUMP (6''
DEEP)
NOTE:

AIR/VACUUM RELIEF VALVE CANNOT BE CONNECTED LOWER
THAN DRIPLINE LATERALS.

AIR/VACUUM RELIEF VALVE -

PLUMBED TO TUBING
NOT TO SCALE 12
12" MIN.
3"

TOP VIEW

SIDE VIEW

NOT TO SCALE

QUICK COUPLER IN BOX DETAIL
x 3" SCH. 80 PVC
NIPPLE (2 REQ.)

QUICK COUPLING VALVE

FINISH GRADE
10" ROUND PLASTIC VALVE
BOX WITH BOLT DOWN LID.
x 6" SCHEDULE 80

PVC NIPPLE

PVC MAINLINE
SCH. 80 PVC TEE
(SxSxT)
SCHEDULE 80
PVC ELL (TxT) (3
REQ.)

CRUSHED ROCK (NO

SOIL IN BOX)
BRICK-3 TOTAL
LEEMCO LS-100 QUICK

COUPLING STABILIZER

WALK, CURB

OR HEADER
3/4"
8 3/4"

NOT TO SCALE

TREE BUBBLER DETAIL

PVC LATERAL LINE ROUTED

AROUND ROOTBALL (DO NOT

GO THROUGH ROOTBALL)
SCH. 4O PVC

FITTINGS (TYPICAL)

PVC LATERAL LINE
FINISH
GRADE
1/2" SCH. 80 MALE

ADAPTER (GRAY)
9 GAGE

TUBING STAKE
1/2" UV RESISTANT PVC

FLEXIBLE HOSE

ROOTBALL

BUBBLER
TREE
NOTES:

1. INSTALL BUBBLERS BETWEEN THE ROOT BALL AND THE NATIVE SOIL . WATER SHOULD NOT BE HITTING THE TRUNK OF THE TREE.

2. USE WELD-ON 795 FOR ALL FLEXIBLE HOSE CONNECTIONS.
9 12"

MANUAL FLUSH VALVE DETAIL

NOT TO SCALE

PVC RIGID

LATERAL LINE
1/2" PVC THREADED BALL
VALVE
6" ROUND VALVE BOX
CUT TO 6" DEEP

FINISH GRADE
PEA GRAVEL 2" DEEP
(NO SOIL IN BOX)
PVC SCHEDULE 40
1/2" x 3/4" REDUCING ELL

COBRA FLEXIBLE PIPE

RISER - LENGTH AS

SHOWN IN ATTACHED
CHART
FLEXIBLE PIPE LENGTH:
12" DEPTH = 18" COBRA
18" DEPTH = 24" COBRA
10 12"

FINISHED GRADE
570POP-UP DRIP OPERATION
INDICATOR ASSEMBLY. INSTALLED

AT FURTHEST POINT DOWNSTREAM

OF VALVE DRIP ZONE
PVC or SWING PIPE SWING

JOINT ASSEMBLY

DRIP ZONE FOOTER
TORO 570 POP-UP DRIP OPERATION INDICATOR
NOT TO SCALE 11
FINISHED GRADE.
*NOTE*
SPECIFY 6 OR 12 STATION MODEL CONTROLLER. MOUNT CONTROLLER WITH LCD SCREEN AT EYE LEVEL.

MODEL XCH-X00-SS
2 CUBIC FEET OF CONCRETE
FOR POST SUPPORT.

NOT TO SCALE

HUNTER XCH STAINLESS CONTROLLER
1 SOLAR PANEL

STEEL CONDUIT (OR MOUNTING

POLE) WITH SWEEP ELBOW FOR

CONTROL WIRE AND
CONTROLLER SUPPORT.

WALL

LEAD WIRES

RAIN SENSOR
NOTE:

MOUNT RAIN SENSOR ON ANY

SURFACE WHERE IT WILL BE

EXPOSED TO UNOBSTRUCTED

RAINFALL BUT NOT IN THE PATH

OF SPRINKLER SPRAY

TO CONTROLLER

NOT TO SCALE

RAIN SENSOR INSTALLATION DETAIL
2 10
S:\Client Files\Dillingham\Projects\Holly Cross Cemetary\DWGS\2- Submittal 2-95% Submittal\IRRIGATION PLAN.dwg@ 02:00:45 PM 04/29/22 @ 02:00:45 PMPlotted on:

L a n d s c a p e A r c h i t e c t s
Date
Renewal Date
Signature

STATE O F C A L IFORNIA
M
. REED DILLINGHA M No. 1431
09 / 30 / 2023

LICENSED LANDSCA PE ARCHITECT
PLEASANTON, CALIFORNIA 94566

IRRIGATION CONSULTANTS
480 ST. JOHN STREET, SUITE 220
E-MAIL [email protected]
TEL 925.855.0417 FAX 925.855.0357
“I HAVE COMPLIED WITH THE

CRITERIA OF THE MODEL WATER

EFFICIENT LANDSCAPE ORDIANCE

AND HAVE APPLIED THEM FOR

THE EFFICIENT USE OF WATER IN
THE IRRIGATION DESIGN PLAN.”

CENTER FEED INLINE DRIP LAYOUT

NOT TO SCALE
AV

MANIFOLD CONNECTION (PVC TO

ELL - SEE INSERT)

PVC SUPPLY HEADER
(12" DEPTH)

MANIFOLD CONNECTION
(SEE INSERT)

REMOTE CONTROL VALVE WITH

FILTER AND PRESSURE

REGULATOR

DRIPLINE LATERAL

AIR/VACUUM RELIEF LATERAL

BLANK TUBING CENTERED ON

MOUND OR BERM

AIR/VACUUM RELIEF VALVE
(PLUMBED TO TUBING AT EACH

HIGH POINT)

PVC EXHAUST HEADER

ZONE FLUSH VALVE PLUMBED

TO PVC (TYP)
PERIMETER LATERAL 2"

FROM EDGE

INLINE DRIP EMITTER
(O.C. SPACING TBD)

PVC PIPE TO NEXT

DRIPLINE SECTION (IF

REQUIRED)
IN

OPERATION INDICATOR
FV
FV
IN
16 ISOMETRIC
3 21
45 67
89 1. FINISH GRADE.

2. DEPTH OF TUBING PER

SPECIFICATIONS

3. DEPTH OF PVC SUPPLY MANIFOLD
PER SPECIFICATIONS.

4. DRIPLINE TEE FITTING.

5. DRIPLINE LATERAL.

6. BLANK POLY TUBING, LENGTH AS
NECESSARY.

7. DRIPLINE MPT ADAPTER.

8. PVC TEE (SxSxT) WITH 1/2" FPT
OUTLET.

9. PVC SUPPLY MANIFOLD FROM

REMOTE CONTROL VALVE
ASSEMBLY.

CENTER FEED MANIFOLD

NOT TO SCALE
LEGEND
14 12
34 7
5 6
6 ISOMETRIC

1. FINISH GRADE.

2. DEPTH OF TUBING PER

SPECIFICATIONS

3. PVC CROSS (SxSxSxS)

4. COMPRESSION ADAPER.

5. DRIPLINE LATERAL.

6. AIR/VACUUM RELIEF LATERAL,

BLANK POLY TUBING CENTERED

ON MOUND OR BERM

7. AIR/VACUUM RELIEF VALVE AT
HIGH POINT. REFER TO
AIR/VACUUM RELIEF VALVE DETAIL.

AIR/VACUUM RELIEF LATERAL

NOT TO SCALE
LEGEND
13 INLINE DRIP SPACING LAYOUT ON SLOPE

NOT TO SCALE

ALIGN DRIPLINE LATERALS PARALLEL TO THE CONTOURS OF THE SLOPE

CONVENTIONAL
SPACING ON TOP 2/3

OF SLOPE

CONVENTIONAL SPACING
PLUS 25% ON BOTTOM 1/3

OF SLOPE

PVC SUPPLY HEADER

TOP OF SLOPE

AIR/VACUUM RELIEF ASSEMBLY

LATERAL TUBING

PVC EXHAUST HEADER

TOE OF SLOPE

LINE FLUSHING VALVE ASSEMBLY
NOTE:

DO NOT INSTALL THE

LAST DRIPLINE

LATERAL AT BOTTOM
OF SLOPE.
15 11

25977.00100\34209346.1

TOWN OF COLMA

COLMA, CALIFORNIA

CONTRACT DOCUMENTS AND SPECIFICATIONS FOR

MISSION ROAD LANDSCAPE IMPROVEMENTS
CIP #908
BI

D DATE
Attachment C
25977.00100\34209346.1
<Month> <Year> -i- TABLE OF CONTENTS

TABLE OF CONTENTS
Page
00 11 16 – NOTICE INVITING BIDS ........................................................................................... 6 00 21 13 – INSTRUCTIONS TO BIDDERS ................................................................................. 9 ARTICLE 1. SECURING DOCUMENTS ............................................................................. 9 ARTICLE 2. EXAMINATION OF SITE AND CONTRACT DOCUMENTS ............................ 9 ARTICLE 3. INTERPRETATION OF DRAWINGS AND DOCUMENTS .............................. 9 ARTICLE 4. PRE-BID CONFERENCE ............................................................................. 10 ARTICLE 5. ADDENDA .................................................................................................... 10 ARTICLE 6. ALTERNATE BIDS ....................................................................................... 10 ARTICLE 7. COMPLETION OF BID FORMS ................................................................... 10 ARTICLE 8. MODIFICATIONS OF BIDS .......................................................................... 11 ARTICLE 9. SUBCONTRACTORS ................................................................................... 11 ARTICLE 10. LICENSING REQUIREMENTS ................................................................... 11 ARTICLE 11. BID GUARANTEE (BOND) ......................................................................... 11 ARTICLE 12. IRAN CONTRACTING ACT OF 2010 ......................................................... 12 ARTICLE 13. NONCOLLUSION DECLARATION ............................................................. 12 ARTICLE 14. PUBLIC WORKS CONTRACTOR REGISTRATION
CERTIFICATION ..................................................................................................... 12 ARTICLE 15. BIDDER INFORMATION AND EXPERIENCE FORM ................................. 12 ARTICLE 16. WORKERS' COMPENSATION CERTIFICATION ....................................... 12 ARTICLE 17. SIGNING OF BIDS ..................................................................................... 13 ARTICLE 18. SUBMISSION OF SEALED BIDS ............................................................... 13 ARTICLE 19. OPENING OF BIDS .................................................................................... 13 ARTICLE 20. WITHDRAWAL OF BID ............................................................................... 14 ARTICLE 21. BIDDERS INTERESTED IN MORE THAN ONE BID .................................. 14 ARTICLE 22. SUBSTITUTION OF SECURITY ................................................................. 14 ARTICLE 23. PREVAILING WAGES ................................................................................ 14 ARTICLE 24. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS ............... 15 ARTICLE 25. INSURANCE REQUIREMENTS ................................................................. 15 ARTICLE 26. PERFORMANCE BOND AND PAYMENT BOND
REQUIREMENTS .................................................................................................... 15 ARTICLE 27. SALES AND OTHER APPLICABLE TAXES, PERMITS,
LICENSES AND FEES ............................................................................................ 15 A
RTICLE 28. PERMIT AND INSPECTION FEE ALLOWANCE ........................................ 15 ARTICLE 29. FILING OF BID PROTESTS ....................................................................... 16 ARTICLE 30. BASIS OF AWARD; BALANCED BID ......................................................... 16 25977.00100\34209346.1

TABLE OF CONTENTS
(Continued)
Page
-ii- 00 11 16 – NOTICE INVITING BIDS

ARTICLE 31. AWARD PROCESS .................................................................................... 16 ARTICLE 32. EXECUTION OF CONTRACT .................................................................... 17 ARTICLE 33. QUESTIONS ............................................................................................... 17 00 41 43 – BID FORMS ............................................................................................................ 18 ARTICLE 1. INFORMATION ABOUT BIDDER ................................................................. 28 ARTICLE 2. LIST OF CURRENT PROJECTS (BACKLOG) .............................................. 31 ARTICLE 3. LIST OF COMPLETED PROJECTS – LAST THREE YEARS ....................... 32 ARTICLE 4. EXPERIENCE AND TECHNICAL QUALIFICATIONS
QUESTIONNAIRE ................................................................................................... 33 ARTICLE 5. VERIFICATION AND EXECUTION ............................................................... 34 00 52 13 – CONTRACT ............................................................................................................ 39 00 61 13 – BOND FORMS ........................................................................................................ 43 00 72 13 – GENERAL CONDITIONS ........................................................................................ 53 ARTICLE 1. DEFINED TERMS ........................................................................................ 53 ARTICLE 2. CONTRACT DOCUMENTS .......................................................................... 57 ARTICLE 3. PRECONSTRUCTION AND CONSTRUCTION
COMMUNICATION .................................................................................................. 58 ARTICLE 4. CONTRACT DOCUMENTS: COPIES & MAINTENANCE ............................ 58 ARTICLE 5. EXAMINATION OF DRAWINGS, SPECIFICATIONS AND SITE OF WORK ............................................................................................................... 58 ARTICLE 6. MOBILIZATION ............................................................................................ 59 ARTICLE 7. EXISTENCE OF UTILITIES AT THE WORK SITE ........................................ 60 ARTICLE 8. SOILS INVESTIGATIONS ............................................................................ 60 ARTICLE 9. CONTRACTOR’S SUPERVISION ................................................................ 61 ARTICLE 10. WORKERS ................................................................................................. 61 ARTICLE 11. INDEPENDENT CONTRACTORS .............................................................. 61 ARTICLE 12. SUBCONTRACTS ...................................................................................... 62 ARTICLE 13. VERIFICATION OF EMPLOYMENT ELIGIBILITY ...................................... 62 ARTICLE 14. REQUESTS FOR SUBSTITUTION ............................................................. 62 ARTICLE 15. SHOP DRAWINGS ..................................................................................... 64 ARTICLE 16. SUBMITTALS ............................................................................................. 64 ARTICLE 17. M ATERIALS ............................................................................................... 64 ARTICLE 18. PERMITS AND LICENSES ......................................................................... 65 ARTICLE 19. TRENCHES ................................................................................................ 65 25977.00100\34209346.1

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ARTICLE 20. TRAFFIC CONTROL .................................................................................. 66 ARTICLE 21. DIVERSION OF RECYCLABLE WASTE MATERIALS ............................... 67 ARTICLE 22. REMOVAL OF HAZARDOUS MATERIALS ................................................ 67 ARTICLE 23. SANITARY FACILITIES .............................................................................. 68 ARTICLE 24. AIR POLLUTION CONTROL ...................................................................... 68 ARTICLE 25. LAYOUT AND FIELD ENGINEERING ........................................................ 68 ARTICLE 26. TESTS AND INSPECTIONS ....................................................................... 68 ARTICLE 27. PROTECTION OF WORK AND PROPERTY .............................................. 69 ARTICLE 28. CONTRACTOR’S MEANS AND METHODS ............................................... 69 ARTICLE 29. AUTHORIZED REPRESENTATIVES ......................................................... 69 ARTICLE 30. HOURS OF WORK ..................................................................................... 70 ARTICLE 31. PAYROLL RECORDS; LABOR COMPLIANCE .......................................... 71 ARTICLE 32. PREVAILING RATES OF WAGES ............................................................. 72 ARTICLE 33. PUBLIC WORKS CONTRACTOR REGISTRATION ................................... 73 ARTICLE 34. EMPLOYMENT OF APPRENTICES ........................................................... 73 ARTICLE 35. NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY ............. 73 ARTICLE 36. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS ............... 74 ARTICLE 37. LABOR/EMPLOYMENT SAFETY ............................................................... 74 ARTICLE 38. INSURANCE ............................................................................................... 75 ARTICLE 39. FORM AND PROOF OF CARRIAGE OF INSURANCE .............................. 78 ARTICLE 40. TIME FOR COMPLETION AND LIQUIDATED DAMAGES ......................... 79 ARTICLE 41. COST BREAKDOWN AND PERIODIC ESTIMATES .................................. 80 ARTICLE 42. PROGRESS ESTIMATES AND PAYMENT ................................................ 81 ARTICLE 43. SECURITIES FOR MONEY WITHHELD..................................................... 82 ARTICLE 44. CHANGES AND EXTRA WORK. ................................................................ 82 ARTICLE 45. FINAL ACCEPTANCE AND PAYMENT ...................................................... 97 ARTICLE 46. OCCUPANCY ............................................................................................. 98 ARTICLE 47. INDEMNIFICATION .................................................................................... 98 ARTICLE 48. PROCEDURE FOR RESOLVING DISPUTES ............................................ 99 ARTICLE 49. TOWN’S RIGHT TO TERMINATE CONTRACT ........................................ 103 ARTICLE 50. WARRANTY AND GUARANTEE OF WORK ............................................ 106 A
RTICLE 51. DOCUMENT RETENTION & EXAMINATION ........................................... 108 ARTICLE 52. SEPARATE CONTRACTS ........................................................................ 109 25977.00100\34209346.1

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ARTICLE 53. NOTICE AND SERVICE THEREOF ......................................................... 109 ARTICLE 54. NOTICE OF THIRD PARTY CLAIMS ........................................................ 109 ARTICLE 55. STATE LICENSE BOARD NOTICE .......................................................... 109 ARTICLE 56. INTEGRATION ......................................................................................... 110 ARTICLE 57. ASSIGNMENT OF CONTRACT ................................................................ 110 ARTICLE 58. CHANGE IN NAME AND NATURE OF CONTRACTOR’S LEGAL ENTITY 110
ARTICLE 59. ASSIGNMENT OF ANTITRUST ACTIONS ............................................... 110 ARTICLE 60. PROHIBITED INTERESTS ....................................................................... 110 ARTICLE 61. CONTROLLING LAW ............................................................................... 111 ARTICLE 62. JURISDICTION; VENUE ........................................................................... 111 ARTICLE 63. LAWS AND REGULATIONS ..................................................................... 111 ARTICLE 64. PATENTS ................................................................................................. 111 ARTICLE 65. OWNERSHIP OF CONTRACT DOCUMENTS ......................................... 111 ARTICLE 66. NOTICE OF TAXABLE POSSESSORY INTEREST ................................. 111 ARTICLE 67. SURVIVAL OF OBLIGATIONS ................................................................. 111 00 73 13 – SPECIAL CONDITIONS ........................................................................................ 113 01 00 00 – GENERAL REQUIREMENTS ................................................................................ 117 EXHIBIT “A” CHANGE ORDER FORM ....................................................................................... 1 25977.00100\34209346.1

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TECHNICAL SPECIFICATIONS

TABLE OF CONTENTS

Section Title Page

01 42 16 Definition of Bid Items .......................................... TS-1 01 55 26 Traffic Control ...................................................... TS-5 01 56 26 Site Security, Safety, and Temporary Fencing ..... TS-10 01 71 13 Mobilization .......................................................... TS-12 01 71 23 Construction Staking ............................................ TS-13 01 57 23 Stormwater Pollution Prevention .......................... TS-14 01 74 19 Construction Nonhazardous Waste Management
and Disposal ........................................................ TS-19 02 41 13 Site Demolition & Disposal of Materials ............... TS-23 31 00 00 Earthwork ............................................................. TS-26 32 15 40 Crushed Stone Pavement .................................... TS-29 32 33 00 Site Furnishing ..................................................... TS-33 32 84 00 Irrigation ............................................................... TS-36 32 90 00 Planting ................................................................ TS-47

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00 11 16 – NOTICE INVITING BIDS
NOTICE IS HEREBY GIVEN that the Town of Colma (“Town”) invites and will receive sealed Bids up to but not later than 2:00 p.m. on <Day>, <Month> <Date>, 2022 at the office of the Town Clerk, located at 1198 El Camino Real, Colma, CA 94014, for the furnishing to Town of all labor, equipment, materials, tools , services, transportation, permits, utilities, and all other items necessary for MISSION ROAD LANDSCAPE IMPROVEMENTS PROJECT (the “Project”). At said time, B ids will be public ly opened and read aloud at TOWN OF COLMA, TOWN HALL.

Bids received after said time shall be returned unopened. Bids shall be valid for a period of 90 calendar days after the Bid opening date.

The project consists of the following elements: a) miscellaneous demolition of proposed pedestrian and planting areas adjacent to the north side of Mission Road, Colma; fine grading of project areas, concrete sidewalk paving including aggregate base, installation of irrigation equioment in proposed plant areas, and proposed planting. In addition, standard construction tasks such as SWPP, Clean-up, fencing, etc are also included per these specifications.

Bids must be submitted on the Town’s Bid Forms. Bidders may obtain a copy of the Contract Documents from the Town of Colma Public Works Department at: 1198 El Camino Real, Colma], [email protected] or 650-757-8888.] $20.00 fee will be required of any bidder who requests that the Contract Documents be mailed within California (costs for out -of-state mailings will be higher). To the extent required by section 20103.7 of the Public Contract Code, upon request from a contractor plan room service, the Town shall provide an electronic copy of the Contract Documents at no charge to the contractor plan room. [**Bids must be submitted on the Town’s Bid Forms. Bidders may obtain a copy of the Contract Documents from [INSERT WEBSITE], [INSERT ADDRESS], [INSERT PHONE/FAX NUMBER].

To the extent required by section 20103.7 of the Public Contract Code, upon request from a contractor plan room service, the Town shall provide an electronic copy of the Contract Documents at no charge to the contractor plan room.

It is the responsibility of each prospective bidder to download and print all Bid Documents for review and to verify the completeness of Bid Documents before submitting a bid. Any Addenda will be posted on Town of Colma, Public Works and Engineering]. It is the responsibility of each prospective bidder to check Town of Colma, Public Works and Engineering Webpage on a daily basis through the close of bids for any applicable addenda or updates. The Town does not assume any liability or responsibility based on any defective or incomplete copying, excerpting, scanning, faxing, downloading or printing of the Bid Docum ents. Information on Town of Colma, Public Works and Engineering Webpage may change without notice to prospective bidders. The Contract Documents shall supersede any information posted or transmitted by Town of Colma, Public Works and Engineering WebpageEa ch 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 payable to Town of Colma as bid security. The bid security shall be provided as a guarantee that within ten (10) working days after the Town provides the successful bidder the Notice of Award, the successful B idder will enter into a contract and provide the necessary bonds and certificates of insurance. The bid security will be declared forfeited if the successful B idder fails to comply within said time. No interest will be paid on funds deposited with Town.

A [**INSERT “MANDATORY” or “NONMANDATORY”] Pre-Bid Conference is scheduled for [**Insert Date and Time **] to review the Project's existing conditions at [**Insert Location** ]. 25977.00100\34209346.1

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Representatives of the Town and consulting engineers, if any, will be present. Questions asked by Bidders at the Pre-Bid Conference not specifically addressed within the Contract Documents shall be answered in writing, and shall be sent to all Bidders present at the Pre-Bid Conference. [**INSERT IF MANDATORY: Bids will not be accepted from any bidder who did not attend the mandatory Pre-Bid Conference.**]
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 one hundred percent (100%) of the Contract Price. Each bond shall be in the forms set forth herein, shall be secured from a surety company that meets all State of California bonding requirements, as defined in California Code of Civil Procedure Section 995.120, and that is a California admitted surety insurer.

Pursuant to Section 22300 of the Public Contract Code of the State of California, the successful Bidder may substitute certain securities for funds withheld by Town to ensure its perf ormance under the contract.

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 from the Director of the Department of Indust rial Relations for each craft, classification, or type of worker needed to execute this contract. A copy of these prevailing wage rates may be obtained via the internet at: www.dir.ca.gov/dlsr/
In addition, a copy of the prevailing rate of per diem wages is available at the Town’s [Public Works Department and shall be made available to interested parties upon request. The successful bidder shall post a copy of the prevailing wage rates at each j ob site. It shall be mandatory upon the Bidder to whom the Contract is awarded, and upon any subcontractors, to comply with all Labor Code provisions, which include but are not limited to the payment of not less than the said specified prevailing wage rat es to all workers employed by them in the execution of the Contract, employment of apprentices, hours of labor and debarment of contractors and subcontractors.

Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No Bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded a contract, the Bidder and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. In bidding on this Project, it shall be the Bidder’s sole responsibility to evaluate and include the cost of complying with all labor compliance requirements under this contract and applicable law in its Bid.

Unless otherwise provided in the Instructions for Bidders, each B idder 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 its B id and for the duration of the 25977.00100\34209346.1

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contract: Class C -27 California Contractor’s License OR Class A California Contractor’s License.

Substitution requests shall be made within 35 calendar days after the award of the contract.

Pursuant to Public Contract Code Section 3400(b), the Town may make findings designating that certain additional materials, methods or services by specific brand or trade name other than those listed in the Standard Specifications be used for the Project. Such findings, if any, as well as the materials, methods or services and their specific brand or trade names that must be used for the Project may be found in the Special Conditions.

Pursuant to Public Contract Code section 3400(b), if the Town has made any findings designating certain materials, products, things, or services by specific brand or trade name, such findings and the materials, products, things, or services and their specific brand or trade names will be set forth in the Special Conditions.

Town shall award the contract for the Project to the lowest responsive, responsible Bidder as determined by the Town from the Base Bid alone. Town reserves the right to reject any or all bids or to waive any irregularities or informalities in any bids or in the bidding process.

For further information, contact Brad Donohue, Director of Public Works, Town of Colma , at [email protected], or (650)757-8888.

END OF NOTICE INVITING BIDS
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00 21 13 – INSTRUCTIONS TO BIDDERS
ARTICLE 1. SECURING DOCUMENTS
Bids must be submitted to the Town on the Bid Forms which are a part of the Bid Package for the Project. Bid and Contract Documents may be obtained from Town Of Colma Town Hall at 1198 El Camino Real, Colma or Town of Colma, Public Works and Engineering Webpage in the Notice Inviting Bids. Prospective bidders are encouraged to telephone in advance to determine the availability of Contract Documents. Any charge for the Contract Documents is stated in the Notice Inviting Bids.

The Town may also make the Contract Documents available for review at one or more plan rooms, as indicated in the Notice Inviting Bids. Please Note: Prospective Bidders who choose to review the Contract Documents at a plan room must contact the Town to obtain the required Contract Documents if they decide to submit a bid for the Project. “Addenda, if any, issued during the bid period will be sent only to those contractors who have obtained documents from the Town.” OR “Any Addenda will be posted on Town of Colma, Public Works and Engineering WebpageFailure to acknowledge addenda may make a bid nonresponsive and not eligible for award of the contract.

ARTICLE 2. EXAMINATION OF SITE AND CONTRACT DOCUMENTS
At its own expense and prior to submitting its Bid, each Bidder shall visit the site of the proposed work and fully acquaint itself with the conditions relating to the construction and labor required so that the B idder may fully understand the work, including but not limited to difficulties and restrictions attending the execution of the work under the contract. Each B idder shall carefully examine the Drawings, and shall read the Specifications, Contract, and all other documents referenced herein. Each Bidder shall also determine the local conditions which may i n any way affect the performance of the work, including local tax structure, contractors’ licensing requirements, availability of required insurance, the prevailing wages and other relevant cost factors, shall familiarize itself with all federal, state and local laws, ordinances, rules, regulations and codes affecting the performance of the work, including the cost of permits and licenses required for the work, and shall make such surveys and investigations, including investigations of subsurface or latent physical conditions at the site or where work is to be performed as may be required. Bidders are responsible for consulting the standards referenced in the Contract.

The failure or omission of any B idder to receive or examine any contract documents, for ms, instruments, addenda, or other documents, or to visit the site and acquaint itself with conditions there existing shall in no way relieve any B idder from any obligation with respect to its B id or to the contract and no relief for error or omission will be given except as required under State law.

The submission of a Bid shall be taken as conclusive evidence of compliance with this Article.

ARTICLE 3. INTERPRETATION OF DRAWINGS AND DOCUMENTS
Prospective Bidders unclear as to the true meaning of any part of the Drawings, Specifications or other proposed contract documents may submit to the Engineer of the Town a written request for interpretation. The prospective B idder submitting the request is responsibl e for prompt delivery. Interpretation of the Drawings, Specifications or other proposed contract documents will be made only by a written addendum duly issued and a copy of such addenda will be mailed or delivered to each prospective B idder who has purchased a set of Drawings and Specifications. The Town will not be responsible for any other explanation or interpretations of 25977.00100\34209346.1

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the proposed documents. If a Prospective Bidders becomes aware of any errors or omissions in any part of the Contract Documents, it is the obligation of the Prospective Bidder to promptly bring it to the attention of the Town.

ARTICLE 4. PRE-BID CONFERENCE
A [INSERT IF MANDATORY: mandatory or IF NON -MANDATORY: non-mandatory] Pre-Bid Conference is scheduled for [Insert Date and Time] to review the Project's existing conditions at [Insert Location of Pre-Bid Conference]. Representatives of the Town and consulting engineers, if any, will be present. Questions asked by Bidders at the Pre- Bid Conference not specifi cally addressed within the Contract Documents shall be answered in writing, and shall be sent to all Bidders present at the Pre -Bid Conference . [INSERT IF MANDATORY : Bids will not be accepted from any bidder who did not attend the mandatory Pre-Bid Conference.] ARTICLE 5. ADDENDA
The Town reserves the right to revise the Contract Documents prior to the B id opening date.

Revisions, if any, shall be made by written Addenda. All Addenda issued by the Town shall be included in the B id and made part of the Contract Docu ments. Pursuant to Public Contract Code Section 4104.5, if the Town issues an Addendum which includes material changes to the Project less than 72 hours prior to the deadline for submission of B ids, the Town will extend the deadline for submission of B ids. T he Town may determine, in its sole discretion, whether an Addendum warrants postponement of the Bid submission date. Each prospective B idder shall provide Town a name, address, email address, and facsimile number to which Addenda may be sent, as well as a telephone number by which the Town can contact the Bidder. Copies of Addenda will be furnished by email, facsimile, first class mail, express mail or other proper means of delivery without charge to all parties who have obtained a copy of the Contract Documents and provided such current information. Please Note: Bidders are responsible for ensuring that they have received any and all Addenda. To this end, each Bidder should contact the Town of Colma Public Works Department] to verify that it has received all Addenda issued, if any, prior to the Bid opening. The Bidder shall indicate the Addenda received prior to bidding in the space provided in the Bid Form. Failure to indicate all Addenda may be sufficient cause for rejecting the Bid.

ARTICLE 6. ALTERNATE BIDS
If alternate bid items are called for in the Contract Documents, the time required for completion of the alternate bid items has already been factored into the Contract duration and no additional Contract time will be awarded for any of the alternate bid items. The Town may elect to include one or more of the alternate bid items, or to otherwise remove certain work from the Project scope of work. Acc ordingly, each bidder must ensure that each bid item contains a proportionate share of profit, overhead, and other costs or expenses which will be incurred by the bidder.

ARTICLE 7. COMPLETION OF BID FORMS
Bids shall only be prepared using copies of the Bid Forms whi ch are included in the Contract Documents. The use of substitute Bid Forms other than clear and correct photocopies of those provided by the Town will not be permitted. Bids shall be executed by an authorized signatory as described in these Instructions to Bidders. In addition, Bidders shall fill in all blank spaces (including inserting “N/A” where applicable), and initial all interlineations, alterations, or erasures 25977.00100\34209346.1

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to the Bid Forms. Bidders shall neither delete, modify, nor supplement the printed matter on the Bid Forms nor make substitutions thereon. USE OF BLAC K OR BLUE INK, INDELIBLE PENCIL, OR A TYPEWRITER IS REQUIRED. Deviations in the Bid Forms may result in the Bid being deemed non-responsive.

ARTICLE 8. MODIFICATIONS OF BIDS
Each Bidder shall submit it s Bid in strict conformity with the requirements of the Contract Documents. Unauthorized additions, modifications, revisions, conditions, limitations, exclusions or provisions attached to a Bid may render it non- responsive and may cause its rejection.

Bidders shall not delete, modify, or supplement the printed matter on the Bid Forms, or make substitutions thereon. Oral, telephonic and electronic modifications will not be considered.

ARTICLE 9. SUBCONTRACTORS
Bidder shall set forth the name, address of the place of business, and contractor license number of each subcontractor who will perform work, labor, furnish materials or render services to the bidder on said contract and each subcontractor licensed by the State of California who, under subcontract to bidder, specially fabricates and installs a portion of the Work described in the Drawings and Specifications in an amount in excess of one half of one percent (0.5%) of the total bid price, and shall indicate the portion of the work to be done by such subcontractor in accordance with Public Contract Code Section 4104.

ARTICLE 10. LICENSING REQUIREMENTS
Pursuant to Business and Professions Code Section 7028.15 and Public Contract Code Section 3300, all bidders must possess proper licenses for performance of this Contract.

Subcontractors must possess the appropriate licenses for each specialty subcontracted.

Pursuant to Business and Professions Code Section 7028.5, the Town shall consider any bid submitted by a contractor not currently licensed in accordance with state law and pur suant to the requirements found in the Contract Documents to be nonresponsive, and the Town shall reject the Bid. The Town shall have the right to request, and Bidders shall provide within ten (10) calendar days, evidence satisfactory to the Town of all valid license(s) currently held by that Bidder and each of the Bidder’s subcontractors, before awarding the Contract.

Notwithstanding anything contained herein, i f the Work involves federal funds, the Contractor shall be properly licensed by the time the Contract is awarded, pursuant to the provisions of Public Contract Code section 20103.5.

ARTICLE 11. BID GUARANTEE (BOND)
Each bid shall be accompanied by: (a) cash; (b) a certified or cashier’s check made payable to Town of Colma; or (c) a 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 Total Bid Price, made payable to Town of Colma as bid security. Personal sureties and unregistered surety companies are unacceptable. The surety insurer shall be California admitted surety insurer, as defined in Code of Civil Procedure Section 995.120. The bid security shall be provided as a guarantee that within ten (10) working days after the Town provides the successful bidder the Notice of Award, the successful bidder will enter into a contract and provide the necessary bonds and certificates of insurance. The bid security will be declared forfeited if the successful bidder fails to comply within said time, and Town may enter into a contract with the next lowest responsive 25977.00100\34209346.1

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responsible bidder, or may call for new bids. No interest shall be paid on funds deposited with the Town. Town will return the security accompanying the bids of all unsuccessful bi dders no later than 60 calendar days after award of the contract.

ARTICLE 12. IRAN CONTRACTING ACT OF 2010
In accordance with Public Contract Code Section 2200 et seq., the Town requires that any person that submits a bid or proposal or otherwise proposes to enter int o or renew a contract with the Town with respect to goods or services of one million dollars ($1,000,000) or more, certify at the time the bid is submitted or the contract is renewed, that the person is not identified on a list created pursuant to subdivis ion (b) of Public Contract Code Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Public Contract Code Section 2202.5, or as a person described in subdivision (b) of Public Contract Code Section 2202.5, as applicable.

The form of such Iran Contracting Certificate is included with the bid package and must be signed and dated under penalty of perjury.

ARTICLE 13. NONCOLLUSION DECLARATION
Bidders on all public works contracts are required to submit a declaration of noncollusion with their bid. This form is included with the bid package and must be signed and dated under penalty of perjury.

ARTICLE 14. PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded a contract, the bidder and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project. To this end, Bidder shall sign and submit with its Bid the Public Works Contractor Registration Certification on the form provided, attesting to the facts contained therein. Failure to submit this form may render the bid non- responsive. In addition, each Bidder shall provide the registration number for each listed subcontractor in the space provided in the Designation of Subcontractors form.

ARTICLE 15. BIDDER INFORMATION AND EXPERIENCE FORM
Each Bidder shall complete the questionnaire provided herein and shall submit the questionnaire along with its Bid. Failure to provide all information requested within the questionnaire along with the Bid may cause the bid to be rejected as non- responsive. The Town reserves the right to reject any Bid if an investigation of the information submitted does not satisfy the Engineer that the Bidder is qualified to properly carry out the terms of the contract.

ARTICLE 16. WORKERS' COMPENSATION CERTIFICATION
In accordance with the provisions of Labor Code Section 3700, Contractor shall secure the payment of compensation to its employees. Contractor shall sign and file with the Town the 25977.00100\34209346.1

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following certificate prior to performing the work under this Contract:

I am aware of the provisions of Section 3700 of the Labor Code, which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

The form of such Workers' Compensation Certificate is included as part of this document.

ARTICLE 17. SIGNING OF BIDS
All Bids submitted shall be executed by the Bi dder or its authorized representative. Bidders may be asked to provide evidence in the form of an authenticated resolution of its Board of Directors or a Power of Attorney evidencing the capacity of the person signing the Bid to bind the Bidder to each Bid and to any Contract arising therefrom.

If a Bidder is a joint venture or partnership, it may be asked to submit an authenticated Power of Attorney executed by each joint venturer or partner appointing and designating one of the joint venturers or partners as a management sponsor to execute the Bid on behalf of Bidder. Only that joint venturer or partner shall execute the Bid. The Power of Attorney shall also: (1) authorize that particular joint venturer or partner to act for and bind Bidder in all matters relating to the Bid; and (2) provide that each venturer or partner shall be jointly and severally liable for any and all of the duties and obligations of Bidder assumed under th e Bid and under any Contract arising therefrom. The Bid shall be executed by the designated joint venturer or partner on behalf of the joint venture or partnership in its legal name.

ARTICLE 18. SUBMISSION OF SEALED BIDS
Once the Bid and supporting documents have been completed and signed as set forth herein, they shall be placed, along with the Bid Guarantee and other required materials, in a sealed envelope, addressed and delivered or mailed, postage prepaid, to the Engineering Department of the Town before the time and day set for the receipt of bids. The envelope shall bear the title of the work and the name of the bidder. No oral or telephonic bids will be considered. No forms transmitted via the internet, e- mail, facsimile, or any other electronic means will be considered unless specifically authorized by the Town as provided herein. Bids received after the time and day set for the receipt of bids shall be returned to the bidder unopened. The envelope shall also contain the following in the lower left-hand corner thereof:

Bid of (Bidder’s Name)

FOR THE MISSION ROAD LANDSCAPE IMPROVEMENTS PROJECT

Only where expressly permitted in the Notice Inviting Bids may bidders submit their bids via electronic transmission pursuant to Public Contract Code sections 1600 and 1601. Any acceptable method(s) of electronic transmission shall be stated in the Notice Inviting Bids.

Town may reject any bid not strictly complying with Town’s designated methods for delivery.

ARTICLE 19. OPENING OF BIDS
At the time and place set for the opening and reading of bids, or any time thereafter, each and every bid received prior to the time and day set for the receipt of bids will be publicly opened and read. The Town will leave unopened any Bid received after the specified date and time, 25977.00100\34209346.1

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and any such unopened Bid will be returned to the bidder. It is the bidder’s sole responsibility to ensure that its Bid is received as specified. Bids may be submitted earlier than the date(s) and time(s) indicated.

The public reading of each bid will include the following information:

A. The name and business location of the bidder.

B. The nature and amount of the bid security furnished by bidder.

C. The bid amount.

Bidders or their representatives and other interested persons may be present at the opening of the bids. The Town may, in its sole discretion, elect to postpone the opening of the submitted Bids. The Town reserves the right to reject any or all Bids and to waive any informali ty or irregularity in any Bid.

ARTICLE 20. WITHDRAWAL OF BID
Any bid may be withdrawn either personally or by written request, incurring no penalty, at any time prior to the scheduled closing time for receipt of bids. Requests to withdraw bids shall be worded so as not to reveal the amount of the original bid. Withdrawn bids may be resubmitted until the time and day set for the receipt of bids, provided that resubmitted bids are in conformance with the instructions herein.

Bids may be withdrawn after bid opening only by providing written notice to Town within five (5) working days of the bid opening and in compliance with Public Contract Code Section 5100 et seq., or as otherwise may be allowed with the consent of the Town.

ARTICLE 21. BIDDERS INTERESTED IN MORE THAN ONE BID
No Bidder shall be allowed to make, file or be interested in more than one bid for the same work unless alternate bids are specifically called for. A person, firm or corporation that has submitted a sub-proposal to a Bidder, or that has quoted prices of materials to a Bidder, is not thereby disqualified from submitting a sub -proposal or quoting prices to other bidders. No person, firm, corporation, or other entity may submit a sub- proposal to a Bidder, or quote prices of materials to a Bidder, when also submitting a prime Bid on the same Project.

ARTICLE 22. SUBSTITUTION OF SECURITY
The Contract Documents call for monthly progress payments based upon the percentage of the Work completed. The Town will retain a percentage of each progress payment as provided by the Contract Documents . At the request and expense of the successful Bidder, the Town will substitute securities for the amount so retained in accordance with Public Contract Code Section 22300.

ARTICLE 23. PREVAILING WAGES
The Town has obtained from the Director of the Department of Industrial Relations the general prevailing rate of per diem wages in the locality in which this work is to be performed for each craft or type of worker needed to execute the Contrac t. These rates are available at the 25977.00100\34209346.1

-15- 00 21 13 – INSTRUCTIONS TO BIDDERS

Department of Public Works +] of the Town or may be obtained online at http://www.dir.ca.gov.

Bidders are advised that a copy of these rates must be posted by the successful Bidder at the job site(s). DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS In accordance with the provisions of the Labor Code, contractors or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Labor Code Sections 1777.1 or 1777.7 . Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid to a debarred subcontractor by the Contractor for the Project shall be returned to the Town . The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the Project.

ARTICLE 24. INSURANCE REQUIREMENTS
Prior to commencing work, the successful bidder shall purchase and maintain insurance as set forth in the General Conditions.

ARTICLE 25. PERFORMANCE BOND AND PAYMENT BOND REQUIREMENTS The successful bidder will be required to furnish a Labor and Material Payment Bond and a Faithful Performance Bond each in an amount equal to one hundred percent (100%) of the contract price. Each bond shall be secured from a surety company that meets al l State of California bonding requirements, as defined in California Code of Civil Procedure Section 995.120 and is admitted by the State of California. Each bond shall be accompanied, upon the request of Town, with all documents required by California Code of Civil Procedure Section 995.660 to the extent required by law. All bonding and insurance requirements shall be completed and submitted to Town within ten (10) working days from the date the Town provides the successful bidder with the Notice of Award.

ARTICLE 26. SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES AND FEES Contractor and its subcontractors performing work under this Contract will be required to pay California sales tax and other applicable taxes, and to pay for permits, licenses and fees required by the agencies with authority in the jurisdiction in which the Work will be located, unless otherwise expressly provided by the Contract Documents.

ARTICLE 27. PERMIT AND INSPECTION FEE ALLOWANCE
Notwithstanding anything contained herein, the Bid Form contains an allowance for the Contractor’s cost of acquiring traffic control permits and for construction inspection fees that may be charged to the Contractor by the Agency of Jurisdiction. The allowance is included within the Bid Form to eliminate the need by bidder s to research or estimate the costs of traffic control permits and construction inspection fees prior to submitting a bid. The allowance is specifically intended to account for the costs of traffic control permits and construction inspection fees charged by the local Agency of Jurisdiction only. No other costs payable by Contractor to the Agency of Jurisdiction are included within the allowance. 25977.00100\34209346.1

-16- 00 21 13 – INSTRUCTIONS TO BIDDERS

ARTICLE 28. FILING OF BID PROTESTS
Bidders may file a “protest” of a Bid with the Town’s [**INSERT TITLE**]. In order for a Bidder’s protest to be considered valid, the protest must:

A. Be filed in writing within five (5) calendar days after the bid opening date; B. Clearly identify the specific irregularity or accusation; C. Clearly identify the specific Town staff determination or recommendation being protested;
D. Specify in detail the grounds for protest and the facts supporting the protest; and E. Include all relevant, supporting documentation with the protest at time of filing.

If the protest does not comply with each of these requirements, the Town may reject the protest without further review.

If the protest is timely and complies with the above requirements, the Town’s [**INSERT TITLE**], or other designated Town staff member, shall review the protest, any response from the chall enged Bidder(s), and all other relevant information. The [**INSERT TITLE**] will provide a written decision to the protestor.

The procedure and time limits set forth in this Article are mandatory and are the sole and exclusive remedy in the event of a Bid protest. Failure to comply with these procedures shall constitute a failure to exhaust administrative remedies and a waiver of any right to further pursue the Bid protest, including filing a Government Code Claim or legal proceedings.

ARTICLE 29. BASIS OF AWARD; BALANCED BID
The Town shall award the Contract to the lowest responsible Bidder submitting a responsive Bid. The lowest B id will be determined on the basis of the the grand total of the Base Bid Schedule items.

The Town may reject any B id which, in its opinio n when compared to other B ids received or to the Town’s internal estimates, does not accurately reflect the cost to perform the Work. The Town may reject as non- responsive any Bid which unevenly weights or allocates costs, including but not limited to overhead and profit to one or more particular bid items.

ARTICLE 30. AWARD PROCESS
Once all Bids are opened and reviewed to determine the lowest responsive and responsible Bidder, the Town may award the contract. The apparent successful B idder should begin to prepare the following documents: (1) the Performance Bond; (2) the Payment Bond; and (3) the required insurance certificates and endorsements. Once the Town notifies the Bidder of the award, the Bidder will have ten (10) working days from the date of this notification to execute the Contract and supply the Town with all of the required documents and certifications. Regardless of whether the Bidder supplies the required documents and certifications in a timely manner, the Contract time will begin to run twenty (20) working days from the date of the notification. Once the Town receives all of the properly drafted and executed documents and certifications from 25977.00100\34209346.1

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the Bidder, the Town shall issue a Notice to Proceed to that Bidder. [**DETERMINE WHETHER PROJECT REQUIREMENTS TRIGGER NEED TO CHANGE ABOVE TIMELINE**] ARTICLE 31. EXECUTION OF CONTRACT
As required herein t he Bidder to whom an award is made shall execute the Contract in the amount determined by the Contract Documents. The Town may require appropriate evidence that the persons executing the Contract are duly empowered to do so. The Contract and bond forms to be executed by the successful Bidder are included within these Specifications and shall not be detached.

ARTICLE 32. QUESTIONS
Questions regarding this Notice Inviting Bids may be directed to Brad Donohue, Director of Public Works, Town of Colma, at [email protected] , or (650)757-8888. No other members of the Town’s staff or governing body should be contacted about this procurement during the bidding process. Any and all inquiries and comments regarding this Bid must be communicated in writing, unless otherwise instructed by the Town. The Town may, in its sole discretion, disqualify any Bidder who engages in any prohibited communications.

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00 41 43 – BID FORMS

1.1 Bid.

Bids will be received at the Town of Colma, 1198 El Camino Real, Colma, CA 94014, until <Hour> a.m./p.m. on <Day>, <Month> <Date>, <Year>.

NAME OF BIDDER: ______________________________________________ The undersigned hereby declare that we have carefully examined the location of the proposed Work, and have read and examined the Contract Documents, including all plans, specifications, and all addenda, if any for the following Project:

MISSION ROAD LANDSCAPE IMPROVEMENTS PROJECT
We hereby propose to furnish all labor, materials, equipment, tools, transportation, and services, and to discharge all duties and obligations necessary and required to perform and com plete the Project, as described and in strict conformity with the Drawings, and these Specifications for TOTAL BID PRICE indicated herein.

The undersigned acknowledges receipt, understanding, and full consideration of the following addenda to the Contract Documents:

Addenda No. ________________________________________________

1. Attached is the required Bid Guarantee in the amount of not less than 10% of the Total Bid Price.

2. Attached is the completed Designation of Subcontractors form.

3. Attached is the fully executed Noncollusion Declaration form.

4. Attached is the completed Iran Contracting Act Certification form.

5. Attached is the completed Public Works Contractor Registration Certification form.

6. Attached is the completed Contractor’s Certificate Regarding Workers’ Compensation form.

7. Attached is the completed Bidder Information and Experience form.

A. BID SCHEDULE

NO.

ITEM DESCRIPTION

UNIT OF

MEASURE
EST.

QTY.

UNIT
PRICE
ITEM
COST

1. Mobilization and Contract Processing LS 1
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Costs

2. Diversion of Recyclable Waste
Materials
LS 1

3. Stormwater Pollution Prevention LS 1

4. Utility Potholing EA 1

5. Site Security, Safety, and Temporary
Fencing
LS 1

6. Pedestrian and Traffic control LS 1

7. Site Demolition and Disposal of
Material: Asphalt paving, Concrete
sidewalks and gutters, Material Off-
haul and dumping, capping utilities,
SF 8400

8. Site Preparation, Clearing, Grubbing,
Rototilling; Amending, Fertilizing, and
Fine Grading
SF 9500

9. Soil Import CY 270

10. Construction Staking LS 1

11. Irrigation LS 1

12. Crushed Rock Paving SF 600

13. Site Furnishings LS 1

14. Planting LS 1

15. Planting Maintenance LS 1

16. COVID-19 LCP Safety Protocol LS 1

The costs for any Work shown or required in the Contract Documents, but not specifically identified as a line item are to be included in the related line items and no additional compensation shall be due to Contractor for the performance of the Work.

In case of discrepancy between the Unit Price and the I tem Cost set forth for a unit basis item, the unit price shall prevail and shall be utilized as the basis for determining the lowest responsive, responsible Bidder. However, if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or is the same amount as the entry in the “Item Cost” column, then the amount set forth in the “Item Cost” column for the item shall prevail 25977.00100\34209346.1

-20- 00 41 43 – BID FORMS

and shall be divided by the estimated quantity for the item and the pr ice thus obtained shall be the Unit Price.

For purposes of evaluating Bids, the Town will correct any apparent errors in the extension of unit prices and any apparent errors in the addition of lump sum and extended prices.

The estimated quantities for Unit P rice items are for purposes of comparing Bids only and the Town makes no represent ation that the actual quantities of work performed will not vary from the estimates. Final payment shall be determined by the Engineer from measured quantities of work performed based upon the Unit Price.

B. TOTAL BID PRICE:

TOTAL BID PRICE BASED ON BID SCHEDULE THE MISSION ROAD LANDSCAPE

IMPROVEMENTS PROJECT, TOWN OF COLMA
$
Total Bid Price in Numbers
$
Total Bid Price in Written Form

In case of discrepancy between the written price and the numerical price, the written price shall prevail.

The undersigned agrees that this Bid Form constitutes a firm offer to the Town which cannot be withdrawn for the number of calendar days indicated in the Notice Inviting Bids from and after the Bid opening, or until a Contract for the Work is fully executed by the Town and a third party, whichever is earlier.

The successful bidder hereby agrees to sign the contract and furnish the necessary bonds and certificates of insurance within ten (10) working days after the Town provides the successful bidder with the Notice of Award.

Upon receipt of the signed contract and other required documents, the contract will be executed by the Town , after which the Town will prepare a letter giving Contractor Notice to Proceed.

The official starting date shall be the date of the Notice to Proceed, unless otherwise specified.

The undersigned agrees to begin the Work within ten (10) working days of the date of the Notice to Proceed, unless otherwise specified.

The undersigned has examined the location of the proposed work and is familiar with the Drawings and Specifications and the local conditions at the place where work is to be done. 25977.00100\34209346.1

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If awarded the contract, the undersigned agrees that there shall be paid by the undersigned and by all subcontractors to all laborers, workers and mechanics employed in the execution of such contract no less than the prevailing wage rate within San Mateo County for each craft, classification, or type of worker needed to complete the W ork contemplated by this contract as established by the Director of the Department of Industrial Relations. A copy of the prevailing rate of per diem wages are on file at the Town’s Administration Office and shall be made available to interested parties upon request.

Enclosed find cash, bidder’s bond, or cashier’s or certified check No. _________ from the _______________ Bank in the amount of ________________________________, which is not less than ten percent (10%) of this bid, payable to Town of Colma as bid security and which is given as a guarantee that the unders igned will enter into a contract and provide the necessary bonds and certificates of insurance if awarded the Work.

The bidder furthermore agrees that in case of bidder’s default in executing said contract and furnishing required bonds and certificates of insurance, the cash, bidder’s bond, or cashier’s or certified check accompanying this proposal and the money payable thereon shall become and shall remain the property of the Town of Colma.

Bidder is an individual ______, or corporation ______, or partners hip ______, organized under the laws of the State of _______________________________.

Bidder confirms license(s) required by California State Contractor’s License Law for the performance of the subject project are in full effect and proper order. The following are the Bidder’s applicable license number(s), with their expiration date(s) and class of license(s):

If the Bidder is a joint venture, each member of the joint venture must include the required licensing information.

Sureties that will furnish the Faithful Performance Bond and the Labor and Material Payment Bond, in the form specified herein, in an amount equal to one hundred percent (100%) o f the contract price within ten (10) working days from the date the Town provides the successful bidder the Notice of Award. Sureties must meet all of the State of California bonding requirements, as defined in California Code of Civil Procedure Section 995.120 and must be authorized by the State of California.

The insurance company or companies to provide the insurance required in the contract documents must have a Financial St rength Rating of not less than “ A-” and a Financi al Size Category of not less than “Class VII” according to the latest Best Key Rating Guide. At the sole discretion of the Town, the Town may waive the Financial Strength Rating and the Financial Size Category classifications for Workers’ Compensation insurance. (signatures continued on next page)
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-22- 00 41 43 – BID FORMS

I hereby certify under penalty of perjury under the laws of the State of California that all of the information submitted in connection with this Bid and all of the representations made herein are true and correct.

Executed at _________________________, on this ____ day of __________, _____. (Bidders Name – Print or Type)
________________________________
(Name and Title)
(Corporate Seal)
________________________________
(Signature)
Names of individual members of firm or names and titles of all officers of corporation and their addresses are listed below:

Name Title
Complete Address
Phone FAX
Name Title
Complete Address
Phone FAX
Name Title
Complete Address
Phone FAX
Name Title
Complete Address
Phone FAX

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1.2 Bid Bond
[Note: Not required when other form of Bidder’s Security, e.g. cash, certified check or cashier’s check, accompanies bid.]
The makers of this bond are, _____________________________________________, as Principal, and ______________________________________________________, as Surety and are held and firmly bound unto the Town of Colma, hereinafter called the Town, in the penal sum of TEN PERCENT (10%) OF THE TOTAL BID PRICE of the Principal submitted to Town for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that where as the Principal has submitted the acc ompanying bid dated _____________ , 20 ____, for The Mission Road Landscape Improvements Project, Town of Colma.

If the Principal does not withdraw its Bid within the time specified in the Contract Documents; and if the Principal is awarded the Contract and provides all documents to the Town as required by the Contract Documents; then this obligation shall be null and void. Otherwise, this bond will remain in full force and effect.

Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents shall in affect its obligation under this bond, and Surety does hereby waive notice of any such changes.

In the event a lawsuit is brought upon this bond by the Town and judgment is recovered, the Surety shall pay all litigation expenses incurred by the Town in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and expenses.

By their signatures hereunder, Surety and Principal hereby confirm under penalty of perjury that surety is an admitted surety insurer authorized to do business in the State of California.

IN WITNESS WHEREOF, the above- bound parties have executed this instr ument under their several seals this _______ day of ________________, 20____, the name and corporate seal of each corporation.
(Corporate Seal)
Contractor/ Principal
By
Title

(Corporate Seal) Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
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-24- 00 41 43 – BID FORMS

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

appeared , who proved to me on the basis of satisfactory Name(s) of Signer(s)
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature 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
NOTE: This acknowledgment is to be completed for Contractor/Principal.

25977.00100\34209346.1

-25- 00 41 43 – BID FORMS

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 subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature 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
NOTE: This acknowledgment is to be completed for the Attorney -in-Fact. The Power -of-Attorney to local representatives of the bonding company must also be attached.

END OF BID BOND
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1.3 List of Subcontractors
In compliance with the Subletting and Subcontracting Fair Practices Act Chapter 4 (commencing at Section 4100), Part 1, Division 2 of the Public Contract Code of the State of California and any amendments thereof, Bidder shall set forth below: (a) the name and the location of the place of business, (b) the California contractor license number, (c) the DIR public works contractor registration number unless exempt pursuant to Labor Code Sections 1725.5 and 1771.1, and (d) the portion of the wo rk which will be done by each subcontractor who will perform work or labor or render service to the Bidder in or about the construction of the work or improvement to be performed under this Contract in an amount in excess of one- half of one percent (0.5%) of the Bidder’s Total Bid Price. Notwithstanding the foregoing, if the work involves the construction of streets and highways, then the Bidder shall list each subcontractor who will perform work or labor or render service to the Bidder in or about the wor k in an amount in excess of one- half of one percent (0.5%) of the Bidder’s Total Bid Price or $10,000, whichever is greater. No additional time shall be granted to provide the below requested information.

If a Bidder fails to specify a subcontractor or if a contractor specifies more than one subcontractor for the same portion of work , then the Bidder shall be deemed to have agreed that it is fully qualified to perform that portion of work and that it shall perform that portion itself.

Work to be
done by
Subcontractor

Name of
Subcontractor
Location of
Business
CSLB
Contractor
License No.

DIR
Registration
Number
% of
Work

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-27- 00 41 43 – BID FORMS

Work to be
done by
Subcontractor

Name of
Subcontractor
Location of
Business
CSLB
Contractor
License No.

DIR
Registration
Number
% of
Work

(Attach additional sheets if necessary)
Name of Bidder
Signature
Name and Title
Dated
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1.4 Bidder Information and Experience Form

ARTICLE 1. INFORMATION ABOUT BIDDER
(Indicate not applicable (“N/A”) where appropriate.)

NOTE: Where Bidder is a joint venture, pages shall be duplicated and information provided for all parties to the joint venture.

1.0 Name of Bidder: ___________________________________________

2.0 Type, if Entity: ___________________________________________

3.0 Bidder Address: ___________________________________________ _____________________________________________________________ _____________________________________________________________ Facsimile Number Telephone Number
_____________________________________________________________ Email Address

4.0 How many years has Bidder’s organization been in business as a Contractor? ______________________________

5.0 How many years has Bidder’s organization been in business unde r its present name? ________________________

5.1 Under what other or former names has Bidder’s organization operated?_______________________________________________

6.0 If Bidder’s organization is a corporation, answer the following:

6.1 Date of Incorporation: ________________________________

6.2 State of Incorporation: ________________________________

6.3 President’s Name: ________________________________

6.4 Vice-President’s Name(s): ________________________________ ________________________________

6.5 Secretary’s Name: ________________________________

6.6 Treasurer’s Name: ________________________________ 25977.00100\34209346.1

-29- 00 41 43 – BID FORMS

7.0 If an individual or a partnership, answer the following:

7.1 Date of Organization: ______________________________________

7.2 Name and address of all partners (state whether general or limited partnership):
___________________________________________________________ ___________________________________________________________ ___________________________________________________________

8.0 If other than a corporation or partnership, describe organization and name principals:
___________________________________________________________ ___________________________________________________________

9.0 List other states in which Bidder’s organization is legally qualified to do business. ___________________________________________________________ ___________________________________________________________ ___________________________________________________________

10.0 What type of work does the Bidder normally perform with its own forces? ___________________________________________________________ ___________________________________________________________

11.0 Has Bidder ever failed to complete any work awarded to it? If so, note when, where, and why:
___________________________________________________________ ___________________________________________________________

12.0 Within the last five years, has any officer or partner of Bidder’s organization ever been an officer or partner of another organization when it failed to complete a contract? If so, attach a separate sheet of explanation:
___________________________________________________________ ___________________________________________________________ 25977.00100\34209346.1

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13.0 List Trade References:
___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________

14.0 List Bank References (Bank and Branch Address):
___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________

15.0 Name of Bonding Company and Name and Address of Agent:
___________________________________________________________ ___________________________________________________________ ___________________________________________________________ [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]

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ARTICLE 2. LIST OF CURRENT PROJECTS (BACKLOG)
[**Duplicate Page if needed for listing additional current projects.**]

Project Description of
Bidder’s Work
Completion Date Cost of Bidder’s Work

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ARTICLE 3. LIST OF COMPLETED PROJECTS – LAST THREE YEARS [**Duplicate Page if needed for listing additional completed projects.**]

Please include only those projects which are similar enough to demonstrate Bidder’s ability to perform the required Work.

Project Description of
Bidder’s Work
Completion Date Cost of Bidder’s Work

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ARTICLE 4. EXPERIENCE AND TECHNICAL QUALIFICATIONS QUESTIONNAIRE Personnel:

The Bidder shall identify the key personnel to be assigned to this project in a management, construction supervision or engineering capacity.

1. List each person’s job title, name and percent of time to be allocated to this project:

2. Summarize each person’s specialized education:

3. List each person’s years of construction experience relevant to the project:

4. Summarize such experience:

Bidder agrees that personnel named in this Bid will remain on this Project until completion of all relevant Work, unless substituted by personnel of equivalent experience and qualifications approved in advance by the Town.

Changes Occuring Since Prequalification
If any substantive changes have occurred since Bidder submitted its prequalification package for this Project, Bidder shall list them below. If none are listed, Bidder certifies that no substantive changes have occurred.

_______
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Additional Bidder’s Statements:

If the Bidder feels that there is additional information which has not been included in the questionnaire above, and which would contribute to the qualification review, it may add that information in a statement here or on an attached sheet, appropriately marked:

_______
ARTICLE 5. VERIFICATION AND EXECUTION
These Bid Forms shall be executed only by a duly authorized official of the Bidder:

I declare under penalty of perjury under the laws of the State of California that the foregoing information is true and correct:

Name of Bidder
Signature
Name
Title
Date
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1.5 Non-Collusion Declaration
The undersigned declares:

I am the ___________________ of ______________________________, the party making the foregoing Bid.

The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The B id is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any ot her Bidder to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any B idder or anyone else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indi rectly, sought by agreement, communication, or conference with anyone to fix the Bid Price of the Bidder or any other B idder, or to fix any overhead, profit, or cost element of the B id Price, or of that of any other Bidder. All statements contained in the Bid are true. The B idder has not, directly or indirectly, submitted his or her B id Price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the Bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on __________ [date], at ___________________ [city], ___________________ [state].

Name of Bidder
Signature
Name
Title

25977.00100\34209346.1

<Month> <Year>
Pipeline Project XXXX

-36- 00 41 43 – BID FORMS

1.6 Iran Contracting Act Certification.
(Public Contract Code section 2200 et seq.)

As required by California Public Contract Code Section 2204, the Contractor certifies subject to penalty for perjury that the option checked below relating to the Contracto r’s status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq.) is true and correct:

The Contractor is not:
(1) identified on the current list of person and entities engaged in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or (2) a financial instruction that extends, for 45 days or more, credit in the amount of $20,000,000 or more to any other person or entity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203, if that person or entity uses or will use the credit to provide goods or services in the energy sector in Iran.

The Town has exempted the Contractor from the requirements of the Iran Contracting Act of 2010 after making a public finding that, absent the exemption, the Town will be unable to obtain the goods and/or services to be provided pursuant to the Contract.

The amount of the Contract payable to the Contractor for the Project does not exceed $1,000,000.

Signature:

Printed Name:

Title:

Firm Name:

Date:

Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of the Contract and/or ineligibi lity to bid on contracts for three years.

25977.00100\34209346.1

<Month> <Year>
Pipeline Project XXXX

-37- 00 41 43 – BID FORMS

1.7 Public Works Contractor Registration Certification

Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/Public - Works/PublicWorks.html for additional information.

No bid will be accepted nor any contract entered into without proof of the con tractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.

Bidder hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.1
Name of Bidder:

DIR Registration Number:

DIR Registration Expiration:_________________________
Small Project Exemption: _____ Yes or _____ No
Unless Bidder is exempt pursuant to the small project exemption, Bidder further acknowledges:

1. Bidder shall maintain a current DIR registration for the duration of the project.

2. Bidder shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.

3. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.

Name of Bidder
Signature
Name and Title
Dated

1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.” 25977.00100\34209346.1

<Month> <Year>
Pipeline Project XXXX

-38- 00 41 43 – BID FORMS

1.8 Contractor’s Certificate Regarding Workers’ Compensation.

I am aware of the provisions of section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self -insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract.

Name of Bidder
Signature
Name
Title
Dated ______________________________
25977.00100\34209346.1

-39- 00 52 13 – CONTRACT

00 52 13 – CONTRACT
This CONTRACT, No. ________ is made and entered into this ____ day of _______, ______, by and between Town of Colma, sometimes hereinafter called “ Town,” and _______________________________________________, sometimes hereinafter called “Contractor.”
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:
a. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Section (e), below, for the following Project:

MISSION ROAD LANDSCAPE IMPROVEMENTS PROJECT
The Contractor and its surety shall be liable to the Town for any damages arising as a result of the Contractor’s failure to comply with this obligation. b. TIME FOR COMPLETION. Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the Town’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within [**INSERT CALENDAR DAYS**] calendar days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.
c. CONTRACT PRICE. The Town shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contr act Documents, and including all applicable taxes and costs, the sum of ____________________________________________________________________ Dollars ($_________________________________). Payment shall be made as set forth in the General Conditions.
d. LIQUIDATED DAMAGES. In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the Town the sum set forth in Section 00 73 13, Article 1.11 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the Town may deduct that amount from any money due or that may become due the Contractor under the Contract. Thi s Article does not exclude recovery of other damages specified in the Contract Documents. e. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include the following:

Notice Inviting Bids
Instructions to Bidders
Bid Form
Bid Bond
Designation of Subcontractors
25977.00100\34209346.1

-40- 00 52 13 – CONTRACT

Information Required of Bidders
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
General Conditions
Special Conditions
Technical Specifications
Addenda
Plans and Drawings
Standard Specifications for Public Works Construction “Greenbook”, latest edition , Except Sections 1-9
Applicable Local Agency Standards and Specifications, as last revised Approved and fully executed change orders
Any other documents contained in or incorporated into the Contract The Contractor shall complete the Work in strict accordance with all of the Contract Documents.

All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties.
f. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE . Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.
g. INDEMNIFICATION. Contractor shall provide indemnification and defense as set forth in the General Conditions.
h. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the Town’s Administrative Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

25977.00100\34209346.1

-41- 00 52 13 – CONTRACT

IN WITNESS WHEREOF , this Contract has been duly executed by the above- named parties, on the day and year above written.

TOWN OF COLMA [INSERT NAME OF CONTRACTOR]

By: By:
[INSERT NAME]
[INSERT TITLE] Its:

Printed Name:

ATTEST:

By:

Town Clerk

(CONTRACTOR’S SIGNATURE MUST BE

NOTARIZED AND CORPORATE

SEAL AFFIXED, IF APPLICABLE)

END OF CONTRACT

25977.00100\34209346.1

-42- 00 52 13 – CONTRACT

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 of the State of California that the foregoing paragraph 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

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-43- 00 61 13 – BOND FORMS

00 61 13 – BOND FORMS

1.1 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 the “C ontractor”) an agreement for Contract No._________, (hereinafter referred to as the “Project”).

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

NOW, THEREFORE, we, __ ____________________, the undersigned Contractor and ________________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto 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, i f the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one (1) year guarantee of all materials and workmanship; and shall indemnify and save harmless the Town, its officials, officers, employees, and authorized volunteers , as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney’s fees, incurred by Town in enforcing such obligation.

As a condition precedent to the satisfactory completion of the C ontract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by Town, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the Town from loss or damage resulting from or caused by defective materials or faulty workmanship. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the Town’s rights or the Contractor or Surety’s 25977.00100\34209346.1

-44- 00 61 13 – BOND FORMS

obligations under the Contract, law or equity, including, but not limited to, Califor nia Code of Civil Procedure Section 337.15.

Whenever Contractor shall be, and is declared by the Town to be, in default under the C ontract Documents, the Surety shall remedy the default pursuant to the Contract Documents , or shall promptly, at the Town’s option:
i. Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
ii. Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contr act Documents 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 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 Documents. iii. Permit the Town to complete the Project in any manner consistent with California law and make av ailable as work progresses 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 Documents.

Surety expressly agrees that the Town may reject any 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 acc ept a bid from Contractor for completion of the Project if the Town, when declaring the Contractor in default, notifies 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 Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project.

By their signatures hereunder, Surety and Contractor hereby confirm under penalty of perjury that surety is an admitted surety insurer authorized to do business in the State of California. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

25977.00100\34209346.1

-45- 00 61 13 – BOND FORMS

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
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges is $_______________________________.
(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)

25977.00100\34209346.1

-46- 00 61 13 – BOND FORMS

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 of the State of California that the foregoing paragraph 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
NOTE: This acknowledgment is to be completed for Contractor/Principal.

25977.00100\34209346.1

-47- 00 61 13 – BOND FORMS

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 of the State of California that the foregoing paragraph 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
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of Attorney to local representatives of the bonding company must also be attached.

END OF PERFORMANCE BOND
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-48- 00 61 13 – BOND FORMS

1.2 Payment Bond (Labor and Materials).

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: Contract No.____________ (the “Project”); and WHEREAS, said Principal is required to furnish a bond 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 deducted, 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 bond 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 su m well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Civil Code Section 9100, 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 required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Revenue and Taxation Code Section 18663, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the Town in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.

This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 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 Surety 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, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any 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 or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the r ight of 25977.00100\34209346.1

-49- 00 61 13 – BOND FORMS

recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongl y against the Surety and in favor 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 contract between the owner or Town and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Civil Code Section 9100, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.

By their signatures hereunder, Surety and Principal hereby confirm under penalty of perjury that surety is an admitted surety insurer authorized to do business in the State of California.

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
(Attach Attorney-in-Fact Certificate) Title

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-50- 00 61 13 – BOND FORMS

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 of the State of California that the foregoing paragraph 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
NOTE: This acknowledgment is to be completed for Contractor/Principal. 25977.00100\34209346.1

-51- 00 61 13 – BOND FORMS

25977.00100\34209346.1

-52- 00 61 13 – BOND FORMS

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 of the State of California that the foregoing paragraph 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
NOTE: This acknowledgment is to be completed for the Attorney -in-Fact. The Power -of-Attorney to local representatives of the bonding company must also be attached.

END OF PAYMENT BOND
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-53- 00 72 13 – GENERAL CONDITIONS

00 72 13 – GENERAL CONDITIONS
ARTICLE 1. DEFINED TERMS
Whenever used in the Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined below, terms w ith initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms.

A. Act of God – An earthquake of magnitude of 3.5 or higher on the Richter scale or a tidal wave.

B. Addenda -- Written or graphic instruments issued prior to the submission of Bids which clarify, correct, or change the Contract Documents.

C. Additional Work -- New or unforeseen work will be classified as “Additional Work” when the Town’s Representative determines that it is not covered by the Contract.

D. Applicable Laws -- The laws, statutes, ordinances, rules, codes, regulations, permits, and licenses of any kind, issued by local, state or federal governmental authorities or private authorities with jurisdiction ( including utilities), to the extent they apply to the Work.

E. Bid -- The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices and other terms for the Work to be performed.

F. Bidder -- The individual or entity who submits a Bid directly to the Town.

G. Change Order (“CO”) -- A document that authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Contract, in accordance with the Contract Documents and in the form contained in the Contract Documents.

H. Change Order Request (“COR”) -- A request made by the Contractor for an adjustment in the Contract Price and/or Contract Times as the result of a Contractor - claimed change to the Work. This term may also be referred to as a Change Order Proposal (“COP”), or Request for Change (“RFC”).

I. Town -- The Town of Colma.

J. Town’s Representative -- The individual or entity as identified in the Special Conditions to act as the Town’s Representative.

K. Claim -- A demand or assertion by the Town or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim.

L. Contract -- The entire integrated written agreement between the Town and Contractor concerning the Work. “Contract” may be used interchangeably with 25977.00100\34209346.1

-54- 00 72 13 – GENERAL CONDITIONS

“Agreement” in the Contract Documents. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral, and includes all Contract Documents.

M. Contract Documents -- The documents listed in Section 00 52 13, Article 5. Some documents provided by the Town to the Bidders and Contractor, including but not limited to reports and drawings of subsurface and physical conditions are not Contract Documents.

N. Contract Price -- Amount to be paid by the Town to the Contractor as full compensation for the performance of the Contract and completion of the Work, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs.

O. Contract Times -- The number of days or the dates stated in the Contract Documents to: achieve defined Milestones, if any; and to complete the Work so that it is ready for final payment.

P. Contractor -- The individual or entity with which the Town has contracted for performance of the Work.

Q. Contractor’s Designated On-Site Representative -- The Contractor’s Designated On- Site Representative will be as identified in Section 00 72 13, Article 3 and shall not be changed without prior written consent of the Town.

R. Daily Rate -- The Daily Rate stipulated in the Contract Documents as full compensation to the Contractor due to the Town’s unreasonable delay to the Project that was not contemplated by the parties.

S. Day -- A calendar day of 24 hours measured from midnight to the next midnight.

T. Defective Work -- Work that is unsatisfactor y, faulty, or deficient; or that does not conform to the Contract Documents; or that does not meet the requirements of any inspection, reference standard, test, or approval referenced in the Contract Documents.

U. Demobilization -- The complete dismantling and removal by the Contractor of all of the Contractor’s temporary facilities, equipment, and personnel at the Site.

V. Drawings -- That part of the Contract Documents prepared by of the Engineer of Record which graphically shows the scope, extent, and characte r of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined.

W. Effective Date of the Contract -- The date indicated in the Contract on which it becomes effective, but if no such date is indicated, it means the date on which the Contract is signed and delivered by the last of the two parties to sign and deliver.

X. Engineer, whenever not qualified, shall mean the ENGINEER of the Town OR CONSULTING LANDSCAPE ARCHITECT, acting either directly or through properly authorized agents, such agents acting severally within the scope of the particular 25977.00100\34209346.1

-55- 00 72 13 – GENERAL CONDITIONS

duties entrusted to them. On all questions concerning the acceptance of materials, machinery, the classifications of material, the execution of work, conflicting interest of the contractors performing related work and the determination of costs, the decision of the Engineer, duly authorized by the Town, shall be binding and final upon both parties.

Y. Engineer of Record -- The individual, partnership, corporation, joint venture, or other legal entity named as such in Section 00 73 13, Article 1.1. or any succeeding entity designated by the Town.

Z. Green Book -- The current edition of the Standard Specifications for Public Works Construction.

AA. Hazardous Waste -- The term “Hazardous Waste” shall have the meaning provided in Section 104 of the Solid Waste Disposal Act (42 U.S.C. § 6903) as amended from time to time or, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a class I, class II, or class III disposal site in accordance with provisions of existing law, whichever is more restrictive.

BB. Holiday – The Holidays occur on:

New Year’s Day - January 1
President’s Day – Third Monday in February
Memorial Day - Last Monday in May
Independence Day - July 4
Labor Day - First Monday in September
Veteran’s Day - November 11
Thanksgiving Day - Fourth Thursday in November
Friday after Thanksgiving
Christmas Eve – December 24
Christmas Day - December 25
Day After Christmas – December 26
New Year’s Eve – December 31
If any Holiday listed above falls on a Saturday, Saturday and the preceding Friday are both Holidays. If the Holiday should fall on a Sunday, Sunday and the following Monday are both Holidays.

CC. Notice of Award -- The written notice by the Town to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, the Town will sign and deliver the Contract.

DD. Notice of Completion -- The form which may be executed by the Town and recorded by the county where the Project is located constituting final acceptance of the Project.

EE. Notice to Proceed -- A written notice given by the Town to Contractor fixing the date on which the Contractor may proceed with the Work and when Contract Times will commence to run.
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-56- 00 72 13 – GENERAL CONDITIONS

FF. Project -- The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part.

GG. Recyclable Waste Materials -- Materials removed from the Site which are required to be diverted to a recycling center rather than an area landfill. Recyclable Waste Materials include asphalt, concrete, brick, concrete block, and rock.

HH. Schedule of Submittals -- A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to facilitate scheduled performance of related construction activities.

II. Shop Drawings -- All drawings, diagrams, illustrations, schedules, and other data or information which are specifical ly prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work.

JJ. Specifications -- That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and work manship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto.

KK. Stop Payment Notice -- A written notice as defined in Civil Code section 8044.

LL. Subcontractor -- An individual or entity other than a Contractor having a contract with any other entity than the Town for performance of any portion of the Work at the Site.

MM. Submittal -- Written and graphic information and physical samples prepared and supplied by the Contractor demonstrating various portions of the Work.

NN. Successful Bidder -- The Bidder submitting a responsive Bid to whom the Town makes an award.

OO. Supplier -- A manufacturer, fabricator, supplier, distributor, material man, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment used in the performance of the Work or to be incorporated in the Work.

PP. Underground Facilities -- All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or tra ffic or other control systems.

QQ. Unit Price Work -- Work to be paid for on the basis of unit prices as provided by the Contractor in its bid or as adjusted in accordance with the Contract Documents.

RR. Warranty -- A written guarantee provided to the Town by the Contractor that the Work will remain free of defects and suitable for its intended use for the period required by the Contract Documents or the longest period permitted by the law of this State, whichever is longer.
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SS. Work -- The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents.

ARTICLE 2. CONTRACT DOCUMENTS
A. Contract Documents. The Contract Documents are complementary, and what is called for by one shall be as binding as if called for by all.

B. Interpretations. The Contract Documents are intended to be fully cooperative and complementary. If the Contractor observes that any documents are in conflict, the Contractor shall promptly notify the Engineer in writing. In case of conflicts between the Contract Documents, the order of precedence shall be as follows:

1. Change Orders

2. Addenda

3. Special Conditions

4. Technical Specifications

5. Plans (Contract Drawings)

6. Contract

7. General Conditions

8. Instructions to Bidders

9. Notice Inviting Bids

10. Contractor’s Bid Forms

11. Standard Specifications for Public Works Construction (Sections 1-9 Excluded)

12. Applicable Local Agency Standards and Specifications

13. Standard Drawings

14. Reference Documents
With reference to the Drawings, the order of precedence shall be as follows:

1. Figures govern over scaled dimensions

2. Detail drawings govern over general drawings

3. Addenda or Change Order drawings govern over Contract Drawings

4. Contract Drawings govern over Standard Drawings

5. Contract Drawings govern over Shop Drawings
C. Conflicts in Contract Documents. Notwithstanding the orders of precedence established above, in the event of conflicts, the higher standard, higher quality, and most expensive shall always apply.

D. Organization of Contract Documents. Organization of the Contract Documents into divisions, sections, and articles, and arrangement of drawings shall not control the Contractor in dividing Project Work among subcontractors or in establishing the extent of Work to be performed by any trade.
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ARTICLE 3. PRECONSTRUCTION AND CONSTRUCTION COMMUNICATION Before any Work at the site is started, a conference attended by the Town , Contractor, Town’s Representative, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to herei n, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records.

At this conference the Town and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit instructions, receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party.

ARTICLE 4. CONTRACT DOCUMENTS: COPIES & MAINTENANCE
Contractor will be furnished, free of charge, five (5) copies of the Contract Documents.

Additional copies may be obtained at cost of reproduction.

Contractor shall maintain a clean, undamaged set of Contract Documents, including submittals, at the Project site.

ARTICLE 5. EXAMINATION OF DRAWINGS, SPECIFICATIONS AND SITE OF WORK A. Examination of Contract Documents. Before commencing any portion of the Work, Contractor shall again carefully examine all applicable Contract Documents, the Project site, and other information given to Contractor as to materials and methods of construction and other Project requirements. Contractor shall immediately notify the Engineer of any potential error, inconsistency, ambiguit y, conflict, or lack of detail or explanation. If Contractor performs, permits, or causes the performance of any Work which is in error, inconsistent or ambiguous, or not sufficiently detailed or explained, Contractor shall bear any and all resulting cost s, including, without limitation, the cost of correction. In no case shall the Contractor or any subcontractor proceed with Work if uncertain as to the applicable requirements.

B. Additional Instructions. After notification of any error, inconsistency, ambi guity, conflict, or lack of detail or explanation, the Engineer will provide any required additional instructions, by means of drawings or other written direction, necessary for proper execution of Work.

C. Quality of Parts, Construction and Finish. All part s of the Work shall be of the best quality of their respective kinds and the Contractor must use all diligence to inform itself fully as to the required construction and finish.

D. Contractor’s Variation from Contract Document Requirements. If it is found that the Contractor has varied from the requirements of the Contract Documents including the requirement to comply with all applicable laws, ordinances, rules and regulations, the Engineer may at any time, before or after completion of the Work, order the im proper Work removed, remade or replaced by the Contractor at the Contractor’s expense.
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ARTICLE 6. MOBILIZATION
A. When a bid item is included in the Bid Form for mobilization, the costs of Work in advance of construction operations and not directly attributable to any specific bid item will be included in the progress estimate (“Initial Mobilization”). When no bid item is provided for “Initial Mobilization,” payment for such costs will be deemed to be included in the other items of the Work.

B. Payment for Initial Mobilization based on the lump sum provided in the Bid Form, which shall constitute full compensation for all such Work. No payment for Initial Mobilization will be made until all of the listed items have been completed to the satisfaction of t he Engineer. The scope of the Work included under Initial Mobilization shall include, but shall not be limited to, the following principal items:

1. Obtaining and paying for all bonds, insurance, and permits.

2. Moving on to the Project site of all Contractor’s plant and equipment required for the first month’s operations.

3. Installing temporary construction power, wiring, and lighting facilities, as applicable.

4. Establishing fire protection system, as applicable.

5. Developing and installing a construction water supply, if applicable.

6. Providing and maintaining the field office trailers for the Contractor, if necessary, and the Engineer (if specified), complete, with all specified f urnishings and utility services.

7. Providing on- site sanitary facilities and potable w ater facilities as specified per Cal-OSHA and these Contract Documents.

8. Furnishing, installing, and maintaining all storage buildings or sheds required for temporary storage of products, equipment, or materials that have not yet been installed in the Work. All such storage shall meet manufacturer’s specified storage requirements, and the specific provisions of the specifications, including temperature and humidity control, if recommended by the manufacturer, and for all security.

9. Arranging for and erection of Contractor’s work and storage yard.

10. Posting all OSHA required notices and establishment of safety programs per Cal- OSHA.

11. Full-time presence of Contractor’s superintendent at the job site as required herein.

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ARTICLE 7. EXISTENCE OF UTILITIES AT THE WORK SITE
A. The Town has endeavored to determine the existence of utilities at the Project site from the records of the owners of known utilities in the vicinity of the Project. The positions of these utilities as derived from such records are shown on the Plans.

B. Unless indicated otherwise on the Plans and Specifications , no excavations were made to verify the locations shown for underground utilities. The service connections to these utilities are no t shown on the Plans. Water service connections may be shown on the Plans showing general locations of such connections. It shall be the responsibility of the Contractor to determine the exact location of all service connections. The Contractor shall make its own investigations, including exploratory excavations, to determine the locations and type of service connections, prior to commencing Work which could result in damage to such utilities. The Contractor shall immediately notify the Town in writing of a ny utility discovered in a different position than shown on the Plans or which is not shown on the Plans.

C. If applicable, all water meters, water valves, fire hydrants, electrical utility vaults, telephone vaults, gas utility valves, and other subsurface st ructures shall be relocated or adjusted to final grade by the Contractor. Locations of existing utilities shown on the Plans are approximate and may not be complete. The Contractor shall be responsible for coordinating its Work with all utility companies during the construction of the Work.

D. Notwithstanding the above, pursuant to section 4215 of the Government Code, the Town has the responsibility to identify, with reasonable accuracy, main or trunkline facilities on the plans and specifications. In the event that main or trunkline utility facilities are not identified with reasonable accuracy in the plans and specifications made a part of the invitation for Bids, the Town shall assume the responsibility for their timely removal, relocation, or protection.

E. Contractor, except in an emergency, shall contact the appropriate regional notification center, California Underground Service Alert at 811 or 1-800-227-2600 or on -line at www.digalert.org at least two working days prior to commencing any excavation if the excavation will be performed in an area which is known, or reasonably should be known, to contain subsurface installations other than the underground facilities owned or operated by the Town, and obtain an inquiry identification number from that notificati on center. No excavation shall be commenced or carried out by the Contractor unless such an inquiry identification number has been assigned to the Contractor or any subcontractor of the Contractor and the Town has been given the identification number by the Contractor.

ARTICLE 8. SOILS INVESTIGATIONS
A. Reports and Drawings. The Special Conditions identify:

1. those reports known to the Town of explorations and tests of subsurface conditions at or contiguous to the site; and
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2. those drawings known to the Town of physical conditions relating to existing surface or subsurface structures at the site (except Underground Facilities).

B. Limited Reliance by Contractor on Technical Data Authorized. Contractor may rely upon the accuracy of the “technical data” contained in such reports and drawings, which were expressly not created or obtained to evaluate or assist in the evaluation of constructability, and are not Contract Documents. Contractor shall make its own interpretation of the “technical data” and shall be solely responsible for any such interpretations. Except for reliance on the accuracy of such “technical data,” Contractor may not rely upon or make any claim against the Town, Town’s Representative, or Engineer of Record, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, with respect to:

1. the completeness of such reports and drawings for Contractor’s purposes, including without limitation any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or

2. other data, interpretations, opinions, conclusions and information contained in such reports or shown or indicated in such drawings; or

3. any Contractor interpretation of or conclusion drawn from any “technical data” or any such other data, interpretations, opinions, or information.

ARTICLE 9. CONTRACTOR’S SUPERVISION
Contractor shall continuously keep at the Project site, a competent and experienced full -time Project superintendent acceptable to the Town. Superintendent must be able to proficiently speak, read and write in English and shall have the authority to make decisions on behalf of the Contractor. Contractor shall continuously provide efficient supervision of the Project.

ARTICLE 10. WORKERS
A. Contractor shall at all times enforce strict discipline and good order among its employees. Contractor shall not employ on the Project any unfit person or any one not skilled in the Work assigned to him or her.

B. Any person in the employ of the Contractor whom the Town may deem incompetent or unfit shall be dismissed from the Work and shall not be employed on this Project.

ARTICLE 11. INDEPENDENT CONTRACTORS
Contractor shall be an independent contr actor for the Town and not an employee. Contractor understands and agrees that it and all of its employees shall not be considered officers, employees, or agents of Town and are not entitled to benefits of any kind normally provided employees of Town, including but not limited to, state unemployment compensation or workers’ compensation. Contractor assumes full responsibility for the acts and omissions of its employees or agents related to the Work.
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ARTICLE 12. SUBCONTRACTS
A. Contractor agrees to bind every subcontract or to the terms of the Contract Documents as far as such terms are applicable to subcontractor’s portion of the Work. Contractor shall be as fully responsible to the Town for the acts and omissions of its subcontractors and of persons either directly or i ndirectly employed by its subcontractors, as Contractor is for acts and omissions of persons directly employed by Contractor. Nothing contained in these Contract Documents shall create any contractual relationship between any subcontractor and the Town.

B. The Town reserves the right to accept all subcontractors. The Town’s acceptance of any subcontractor under this Contract shall not in any way relieve Contractor of its obligations in the Contract Documents.

C. Prior to substituting any subcontractor listed i n the Bid Forms, Contractor must comply with the requirements of the Subletting and Subcontracting Fair Practices Act pursuant to California Public Contract Code section 4100 et seq.

ARTICLE 13. VERIFICATION OF EMPLOYMENT ELIGIBILITY
By executing this Contract, Contra ctor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from tim e to time, and shall require all subcontractors, sub- subcontractors and consultants to comply with the same. Each person executing this Contract on behalf of Contractor verifies that he or she is a duly authorized officer of Contractor and that any of the following shall be grounds for the Town to terminate the Contract for cause: (1) failure of the Contractor or its subcontractors, sub -subcontractors or consultants to meet any of the requirements provided for in this Article; (2) any misrepresentation or material omission concerning compliance with such requirements; or (3) failure to immediately remove from the Work any person found not to be in compliance with such requirements.

ARTICLE 14. REQUESTS FOR SUBSTITUTION
A. For the purposes of this provision, the term “substitution” shall mean the substitution of any material, method or service substantially equal to or better in every respect to that indicated in the Standard Specifications or otherwise referenced herein.

B. Pursuant to Public Contract Code section 3400(b), the Town may make a finding that is described in the Notice Inviting Bids that designates certain products, things, or services by specific brand or trade name.

C. Unless specifically designated in the Special Conditions, whenever any material, process, or art icle is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such specifications shall be deemed to be used for the purpose of facilitating the description of the material, process, or article desired and shall be deemed to be followed by the words “or equal.” Contractor may, unless otherwise stated, offer for substitution any material, process, or article which may be substantially equal to or better in every respect to that so indicated or specified in the 25977.00100\34209346.1

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Contract Documents. However, the Town has adopted uniform standards for certain materials, processes, and articles.

D. The Contractor shall submit substitution requests, together with substantiating data, for substitution of any “or equal” material, process, or article no later than thirty -five (35) calendar days after award of Contract . Provisions regarding submission of substitution requests shall not in any way authorize an extension of time for the performance of this Contract. If a substitution request is rejected by the Town, the Contractor shall provide the material, method or service specified herein. The Town shall not be responsible for any costs incurred by the Contractor associated with substitution requests. The burden of proof as to the equality of any material, process, or article shall rest with the Contractor. The Engineer has the complete and sole discretion to determine if a material, process, or article is substantially equal to or better than that specified and to approve or reject all substitution requests.

E. Substantiating data as described above shall include, at a minimum, the following information:

1. A signed affidavit from the Contractor stating that the material, process, or article proposed as a substitution is substantially equal to or better than that specified in every way except as may be listed on the affidavit.

2. Illustrations, specifications, catalog cut sheets, and any other relevant data required to prove that the material, process, or article is substantially equal to or better than that specified.

3. A statement of the cost implications of the substitution being requested, indicating whether and why the proposed substitution will reduce or increase the amount of the contract.

4. Information detailing the durability and lifecycle costs of the proposed substitution.

F. Failure to submit all the required substantiating data detailed above in a timely manner so that the substitution request can be adequately reviewed may result in rejection of the substitution request. The Engineer is not obligated to review multiple submittals related the same substitution request resulting from the Contractor’s failure to initially submit a complete package.

G. Time limitations within this Article shall be strictly complied with and in no case will an extension of tim e for completion of the contract be granted because of Contractor’s failure to provide substitution requests at the time and in the manner described herein.

H. The Contractor shall bear the costs of all Town work associated with the review of substitution requests.

I. If substitution requests approved by the Engineer require that Contractor furnish materials, methods or services more expensive than that specified, the increased costs shall be borne by Contractor.
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ARTICLE 15. SHOP DRAWINGS
A. Contractor shall check and verify all field measurements and shall submit with such promptness as to provide adequate time for review and cause no delay in its own Work or in that of any other contractor, subcontractor, or worker on the Project, six (6) copies of all shop drawings, calculations, schedules, and materials list, and all other provisions required by the Contract Documents. Contractor shall sign all submittals affirming that submittals have been reviewed and approved by Contractor prior to submission to Engineer. Each signed submittal shall affirm that the submittal meets all the requirements of the Contract Documents except as specifically and clearly noted and listed on the transmittal letter of the submittal.

B. Contractor shall make any corrections required by the Engineer, and file with the Engineer six (6) corrected copies each, and furnish such other copies as may be needed for completion of the Work. Engineer’s acceptance of shop drawings shall not relieve Contractor from responsibility for deviations from the Contract Documents unless Contractor has , in writing, called Engineer’s attention to such deviations at time of submission and has secured the E ngineer’s written acceptance. Engineer’s acceptance of s hop drawings shall not relieve Contractor from responsibility for errors in shop drawings.

ARTICLE 16. SUBMITTALS
A. Contractor shall furnish to the Engineer for approval, prior to purchasing or commencing any W ork, a log of all samples, material lists and certifications, mix designs, schedules, and other submittals, as required in the Contract Documents .

The log shall indicate whether samples will be provided in accordance with other provisions of this Contract.

B. Contractor will provide samples and submittals, together with catalogs and supporting data required by the Engineer, to the Engineer within a reasonable time period to provide for adequate review and avoid delays in the Work.

C. These requirements shall not authorize any extension of time for performance of this Contract. Engineer will check and approve such samples, but only for conformance with design concept of work and for compliance with information given in the Contract Documents. Work shall be in accordance with approved samples and submittals.

ARTICLE 17. MATERIALS
A. Except as otherwise specifically stated in the Contract Documents, Contractor shall provide and pay for all materials, labor, tools, equipment, l ights, power, transportation, superintendence, temporary constructions of every nature, and all other services and facilities of every nature whatsoever necessary to execute and complete this Contract within specified time.

B. Unless otherwise specified, all materials shall be new and the best of their respective kinds and grades as noted and/or specified, and workmanship shall be of good quality.
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C. Materials shall be furnished in ample quan tities and at such times as to ensure uninterrupted progress of the W ork and shall be stored properly and protected as required by the Contract Documents . Contractor shall be entirely responsible for damage or loss by weather or other causes to materials or Work.

D. No materials, supplies, or equipment for Work under this Contract shall be purchased subject to any chattel mortgage or under a conditional sale or other agreement by which an interest therein or in any part thereof is retained by the seller or supplier. Contractor warrants good title to all material, supplies, and equipment installed or incorporated in the W ork and agrees upon completion of all work to deliver the Project, to the Town free from any claims, liens, or charges.

E. Materials shall be stored on the Project site in such manner so as not to interfere with any operations of the Town or any independent contractor.

F. Contractor shall verify all measurements, dimensions, elevations, and quantities before ordering any materials or performing any Work, and the Town shall not be liable for Contractor’s failure to so. No additional compensation, over and above payment for the actual quantities at the prices set out in the Bid Form, will be allowed because of differences between actual measurements, dimension, elevations and quantities and those indicated on the Plans and in the Specifications. Any difference therein shall be submitted to the Engineer for consideration before proceeding with the Work.

ARTICLE 18. PERMITS AND LICENSES
A. Town will apply and pay for the review of necessary encroachment permits for Work within the public rights -of-way. Contractor shall obtain all other necessary permits and licenses for the construction of the Project, including encroachment permits, and shall pay all fees required by law and shall comply with all laws, ordinances, rules and regulations relating to the Work and to the preservation of public health and safety. Before acceptance of the Project, the Contractor shall submit all licenses, permits, certificates of inspection and required approvals to the Town.

B. The Bid Form contains an allowance for the Contractor’s cost of acquiring traf fic control permits and for construction inspection fees that may be charged to the Contractor by the Agency of Jurisdiction. The allowance is included within the Bid Form to eliminate the need by bidders to research or estimate the costs of traffic control permits and construction inspection fees prior to submitting a bid. The allowance is specifically intended to account for the costs of traffic control permits and construction inspection fees charged by the local Agency of Jurisdiction only.

No other costs payable by Contractor to the Agency of Jurisdiction are included within the allowance. Payment by Town to Contractor under the Permit and Inspection Allowance Bid Item shall be made based on actual cost receipts only and in accordance with the provisions of these specifications.

ARTICLE 19. TRENCHES
A. Trenches Five Feet or More in Depth . Contractor shall submit to the Engineer at the preconstruction meeting, a detailed plan showing the design of shoring, bracing, 25977.00100\34209346.1

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sloping or other provisions to be made for worker protection from hazards of caving ground during the excavation of any trench or trenches five feet or more in depth. If such plan varies from shoring system standards established by the Construction Safety Orders of the California Code of Regulations, Department of Industrial Relations, the plan shall be prepared by a California registered civil or structural engineer. The plan shall not be less effective than the shoring, bracing, sloping, or other provisions of the Construction Safety Orders, as defined in the California Code of Regulations. The Contractor shall designate in writing the “competent person” as defined in Title 8, California Code of Regulations, who shall be present at the Work Site each day that trenching/excavation is in progress. The “competent person” shall prepare and provide daily trenching/excavation inspection reports to the Engineer.

Contractor shall also submit a copy of its annual California Occupational Safety and Health Administration (Cal/OSHA) trench/excavation permit.

B. Excavations Deeper than Four Feet. If the Work involves excavating trenches or other excavations that extend deeper than four feet below the surface, Contractor shall promptly, and before the excavation is further disturbed, notify the Town in writing of any of the following conditions:

1. Material that the Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.

2. Subsurface or latent physical conditions at the site differing from those indicated.

3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract The Town shall promptly investigate the conditions, and if it finds that the conditions do so materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the Work, shall issue a change order under the procedures described in the Contract Documents.

In the event that a dispute arises between the Town and the Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or time required for, performance of any part of the Work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all Work to be performed under the C ontract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the parties.

ARTICLE 20. TRAFFIC CONTROL
A. Traffic control plan(s) for the W ork may be required by the Agency(s) of Jurisdiction.

Traffic control plans, if required, shall be prepared at Contractor’s expense, and traffic control shall be performed at Contractor’s expense in accordance with the 25977.00100\34209346.1

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requirements of the Agency(s) of Jurisdiction. The Permit and Inspection A llowance included within the Bid Form includes the cost of required traffic control permit(s) and construction inspection by the Agency(s) of Jurisdiction only. The Permit and Inspection Allowance does not include costs for preparation of any required tra ffic control plans, implementation of any traffic control requirements or for any traffic signal services that may be required. Costs for traffic control plans, implementation of traffic control, or traffic signal services required by the Agency(s) of Jur isdiction shall be included in the Contractor’s Bid.

B. All warning signs and safety devices used by the Contractor to perform the Work shall conform to the requirements contained in the State of California, Department of Transportation’s current edition of “Manual of Traffic Controls for Construction and Maintenance Work Zones” or to the requirements of the local agency. The Contractor shall also be responsible for all traffic control required by the agency having jurisdiction over the project on the intersec ting streets. Contractor must submit a traffic control plan to the agency having jurisdiction over the project for approval prior to starting work.

C. The Contractor’s representative on the site responsible for traffic control shall produce evidence that he/s he has completed training acceptable to the California Department of Transportation for safety through construction zones. All of the streets in which the Work will occur shall remain open to traffic and one lane of traffic maintained at all times unless o therwise directed by the agency of jurisdiction.

Businesses and residences adjacent to the Work shall be notified forty -eight (48) hours in advance of closing of driveways. The Contractor shall make every effort to minimize the amount of public parking tem porarily eliminated due to construction in areas fronting businesses. No stockpiles of pipe or other material will be allowed in traveled right -of-ways after working hours unless otherwise approved by the Engineer.

ARTICLE 21. DIVERSION OF RECYCLABLE WASTE MATERIALS
In compliance with the applicable Town’s waste reduction and recycling efforts, Contractor shall divert all Recyclable Waste Materials to appropriate recycling centers as required for compliance with the local jurisdiction’s waste diversion ordinances. Contractor will be required to submit weight tickets and written proof of diversion with its monthly progress payment requests. Contractor shall complete and execute any certification forms required by Town or other applicable agencies to document Contractor ’s compliance with these diversion requirements. All costs incurred for these waste diversion efforts shall be the responsibility of the Contractor.

ARTICLE 22. REMOVAL OF HAZARDOUS MATERIALS
Should Contractor encounter material reasonably believed to be polychlorinated biphenyl (PCB) or other toxic wastes and hazardous materials which have not been rendered harmless at the Project site, the Contractor shall immediately stop work at the affected Project site and shall report the condition to the Town in writing. The Town shall contract for any services required to directly remove and/or abate PCBs and other toxic wastes and hazardous materials, if required by the Project site(s), and shall not require the Contractor to subcontract for such services. The 25977.00100\34209346.1

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Work in the affected area shall not thereafter be resumed except by written agreement of the Town and Contractor.

ARTICLE 23. SANITARY FACILITIES
Contractor shall provide sanitary temporary toilet buildings and hand washing facilities for the use of all workers. All toilets and hand washing facilities shall comply with all applicable federal, state and local laws, codes, ordinances , and regulations . Toilets shall be kept supplied with toilet paper and shall have workable door fasteners. Toilets and hand washing facilities shall be serviced no less than once weekly and shall be present in a quantity of not less than 1 per 20 workers as required by Cal/OSHA regulations. The toilets and hand washing facilities shall be maintained in a sanitary condition at all times . Use of toilet and hand washing facilities in the Work under construction shall not be permitted. Any other Sanitary Facilities required by Cal/OSHA shall be the responsibility of the Contractor.

ARTICLE 24. AIR POLLUTION CONTROL
Contractor shall comply with all ai r pollution control rules, regulations, ordinances and statutes.

All containers of paint, thinner, curing compound, solvent or liquid asphalt shall be labeled to indicate that the contents fully comply with the applicable material requirements.

ARTICLE 25. LAYOUT AND FIELD ENGINEERING
All field engineering required for laying out the Work and establishing grades for earthwork operations shall be furnished by the Contractor at its expense.

ARTICLE 26. TESTS AND INSPECTIONS
A. If the Contract Documents, the Engineer, or any instructions, laws, ordinances, or public authority requires any part of the Work to be tested or Approved, Contractor shall provide the Engineer at least two (2) working days ’ notice of its readiness for observation or inspection. If inspection is by a public authority other than the Town, Contractor shall promptly inform the Town of the date fixed for such inspection.

Required certificates of inspection (or similar) shall be secured by Contractor. Costs for Town testing and Town inspection shall be paid by the T own. Costs of tests for Work found not to be in compliance shall be paid by the Contractor.

B. If any W ork is done or covered up without the required testing or approval , the Contractor shall uncover or deconstruct the Work, and the Work shall be redone after completion of the testing at the Contractor ’s cost in compliance with the Contract Documents.

C. Where inspection and testing are to be conducted by an independent laboratory or agency, materials or samples of materials to be inspected or tested shall be selected by such laboratory or agency, or by the Town, and not by Contractor. All tests or inspections of materials shall be made in accordance with the commonly recognized standards of national organizations.

D. In advance of manufacture of materials to be supplied by Contractor which must be tested or inspected, Contractor shall notify the Town so that the Town may arrange 25977.00100\34209346.1

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for testing at the source of supply. Any materials which have not satisfactorily passed such testing and inspection shall not be incorporated into the Work.

E. If the manufacture of materials to be inspected or tested will occur in a plant or location greater than sixty (60) miles from the Town, the Contractor shall pay for any excessive or unusual costs associated with such testing or inspection, including but not limited to excessive travel time, standby time and required lodging.

F. Reexamination of Work may be ordered by the Town. If so ordered, W ork must be uncovered or deconstructed by Contractor. If Work is found to be in accordance with the Contract Documents, the Town shall pay the costs of reexamination and reconstruction. If such work is found not to be in accordance with the Contract Documents, Contractor shall pay all costs.

ARTICLE 27. PROTECTION OF WORK AND PROPERTY
A. The Contractor shall be responsible for all damages to persons or property that occurs as a result of the Work. Contractor shall be responsible for the proper care and protection of all materials delivered and Work performed until completion and final Acceptance by the Town. All Work shall be solely at the Contractor’s risk.

Contractor shall adequately protect adjacent property from settlement or loss of lateral support as necessary. Contractor shall comply with all applicable safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the Project site where Work is being performed. Contractor shall erect and properly maintain at all times, as required by field conditions and progress of work, all necessary safeguards, signs, barriers, lights, and watchmen for protection of workers and the public, and shall post danger signs warning against hazards created in the course of construction.

B. In an emergency affecting safety of life or of work or of adjoining property, Contractor, without special instruction or authorization from the Engineer, is hereby permitted to act to prevent such threatened loss or injury; and Contractor shall so act, without appeal, if so authorized or instructed by the Engineer or the Town. Any compensation claimed by Contractor on account of emergency work shall be determined by and agreed upon by the Town and the Contractor.

ARTICLE 28. CONTRACTOR’S MEANS AND METHODS
Contractor is solely responsible for the means and methods utilized to perform the Work. In no case shall the C ontractor’s means and methods deviate from commonly used industry standards.

ARTICLE 29. AUTHORIZED REPRESENTATIVES
The Town shall designate representatives, who shall have the right to be present at the Project site at all times. The Town may designate an inspector who shall have the right to observe all of the Contractor’s Work. The inspector shall not be responsible for the Contractor’s failure to carry out the Work in accordance with the Contract Documents. Contractor shall provide safe and proper facilities for such access.
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ARTICLE 30. HOURS OF WORK
A. As provided in Article 3 (commencing at section 1810), Chapter 1, Part 7, Division 2 of the Labor Code, Contractor stipulates that eight (8) hours of labor shall constitute a legal day’s work. The time of service of any worker employed at any time by the Contractor or by any subcontractor on any subcontract under this Contract upon the Work or upon any part of the Work contemplated by this Contract is limit ed and restricted to eight (8) hours during any one calendar day and 40 hours during any one calendar week, except as hereinafter provided. Notwithstanding the provisions herein above set forth, work performed by employees of Contractor in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon this public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half times the basic rate of pay.

B. The Contractor and eve ry subcontractor shall keep an accurate record showing the name of and actual hours worked each calendar day and each calendar week by each worker employed in connection with the Work or any part of the Work contemplated by this Contract. The record shall be kept open at all reasonable hours to the inspection of the Town and to the Division of Labor Law Enforcement, Department of Industrial Relations of the State of California.

C. The Contractor shall pay to the Town a penalty of twenty -five dollars ($25.00) for each worker employed in the execution of this Contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any calendar day and 40 hours in any one calendar week in violation of the provisions of Article 3 (commencing at section 1810), Chapter 1, Part 7, Division 2 of the Labor Code.

D. Any work necessary to be performed after regular working hours, or on Saturdays and Sundays or other holidays, shall be perf ormed without additional expense to the Town.

E. Town will provide inspection during normal working hours from 7:00 a.m. to 3:30 p.m.

Monday through Friday. Inspection before or after this time will be charged to the Contractor as reimbursable inspection time. Inspections on weekends requires two days’ notice for review and approval. Upon written request and approval the 8.5 hour working day may be changed to other limits subject to city/county ordinance.

F. It shall be unlawful for any person to operate, permit, use, or cause to operate any of the following at the Project site, other than between the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday, with no Work allowed on the Town -observed holidays, unless otherwise approved by the Town:

1. Powered Vehicles

2. Construction Equipment

3. Loading and Unloading Vehicles

4. Domestic Power Tools
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ARTICLE 31. PAYROLL RECORDS; LABOR COMPLIANCE
A. Pursuant to Labor Code section 1776, Contractor and all subcontractors shall maintain weekly certified payroll records, showing the names, addresses , Social Security numbers, work classifications, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by them in connection with the Work under this Contract. Contractor shall certify under penalty of perjury that records maintained and submitted by Contractor are true and accurate. Contractor shall also require subcontractor(s) to certify weekly payroll records under penalty of perjury.

B. In accordan ce with Labor Code section 1771.4, the Contractor and each subcontractor shall furnish the certified payroll records directly to the Department of Industrial Relations (“DIR”) on the specified interval and format prescribed by the DIR, which may include electronic submission. Contractor shall comply with all requirements and regulations from the DIR relating to labor compliance monitoring and enforcement. The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

C. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the Town.

Contractor shall defend, indemnify and hold the Town, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

D. The payroll records described herein shall be certified and submitted by the Contractor at a time designated by the Town. The Contractor shall also provide the following:

1. A certified copy of the employee’s payroll records shall be made available for inspection or furnished to such employee or his or her authorized representative on request.

2. A certified copy of all payroll records described herein shall be made available for inspection or furnished upon request of the DIR.

E. Unless submitted electronically, t he certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement (“DLSE”) of the DIR or shall contain the same information as the forms provided by the DLSE.

F. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency, the Town , the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement shall be marked or 25977.00100\34209346.1

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obliterated in such a manner as to prevent disclosure of an individual's nam e, address and social security number. The name and address of the Contractor awarded the Contract or performing the contract shall not be marked or obliterated.

G. In the event of noncompliance with the requirements of this Article, the Contractor shall have ten (10) calendar days in which to comply subsequent to receipt of written notice specifying in what respects the Contractor must comply with this Article.

Should noncompliance still be evident after such 10- day period, the Contractor shall pay a penalty of one hundred dollars ($100.00) to the Town for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payment then due.

H. The responsibility for compliance with this Article shall rest upon the Contractor.

ARTICLE 32. PREVAILING RATES OF WAGES
A. The Contractor is aware of the requirements of 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 payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. Since this Project involves an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. The Contractor shall obtain a copy of the prevailing rates of per diem wages at the commencement of this Contract from the website of the Division of Labor Statistics and Research of the Department of Industrial Relations located at www.dir.ca.gov. In the alternative, the Contractor may view a copy of the prevailing rate of per diem wages which are on file at the Town’s Administration Office and shall be made available to interested parties upon request. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to perform work on the Project 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 authoriz ed volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or allege failure to comply with the Prevailing Wage Laws.

B. The Contractor shall forfeit as a penalty to the Town not more than Two Hundred Dollars ($200.00), pursuant to Labor Code section 1775, for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate as determined by the Director of the Department of Industrial Relations for such work or craft in which such worker is employed for any public work done under the Contract by it or by any subcontractor under it. The difference between such prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof, for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by the Contractor.
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C. Contractor shall post, at appropriate conspicuous points on the Project site, a schedule showing all determined general prevailing wage rates and all authoriz ed deductions, if any, from unpaid wages actually earned.

ARTICLE 33. PUBLIC WORKS CONTRACTOR REGISTRATION
Pursuant to Labor Code sections 1725.5 and 1771.1, the Contractor and its subcontractors must be registered with the Department of Industrial Relations prior to the execution of a contract to perform public works. By entering into this Contract, Contractor represents that it is aware of the registration requirement and is currently registered with the DIR. Contractor shall maintain a current registration for the duration of the Project. Contractor shall further include the requirements of Labor Code sections 1725.5 and 1771.1 in any subcontract and ensure that all subcontractors are registered at the time this Contract is entered into and maintain registration for the duration of the Project. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small proj ect exemption specified in Labor Code Sections 1725.5 and 1771.1.

ARTICLE 34. EMPLOYMENT OF APPRENTICES
A. Contractor and all subcontractors shall comply with the requirements of Labor Code sections 1777.5 and 1777.6 in the employment of apprentices.

B. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.

C. Knowing violations of Labor Code section 1777.5 will result in forfeiture not to exceed one hundred dollars ($100.00) for each calendar day of non -compliance pursuant to Labor Code section 1777.7.

D. The responsibility for compliance with this Article shall rest upon the Contractor.

ARTICLE 35. NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY Pursuant to Labor Code section 1735 and other applicable provisions of law, the Contractor and its subcontractors shall not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, or any other classifications protected by law on this Project . The Contractor will take affirmative action to insure that employees are treated during employment or training without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, or any other classifications protected by law.

Employment Eligibility; Contractor . By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and feder al law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the 25977.00100\34209346.1

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identity and immigration status of each employee of the Contractor. Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Contract, and shall not violate any such law at any time during the term of the Contract. Contractor shall avoid any violation of any such law during the term of this Contract by participating in an electronic verification of work authorizat ion program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method.

Contractor shall maintain records of each such verification, and shall make them available to the Town or its representatives for inspection and copy at any time during normal business hours.

The Town shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for or referred to herein.

Employment Eligibility; Subcontractors, Sub- subcontractors and Consultants . To the same extent and under the same conditi ons as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing any part of the Work or of this Contract to make the same verifications and comply with all requirements and restrictions provided for herein.

Employment Eligibility; Failure to Comply . Each person executing this Contract on behalf of Contractor verifies that he or she is a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the Town to terminate the Contract for cause: (1) failure of C ontractor or its subcontractors, sub -subcontractors or consultants to meet any of the requirements provided for herein; (2) any misrepresentation or material omission concerning compliance with such requirements; or (3) failure to immediately remove from t he Work any person found not to be in compliance with such requirements.

ARTICLE 36. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS Contractors or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Labor Code section 1777.1 or 1777.7. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid, or may have been paid to a debarred subcontractor by a contractor on the project shall be returned to the Town. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the project.

ARTICLE 37. LABOR/EMPLOYMENT SAFETY
The Contractor shall comply with all applicable laws and regulations of the federal, state, and local government, including Cal/OSHA requirements and requirements for verification of employees’ legal right to work in the United States.

The Contractor shall maintain emergency first aid treatment for his employees which complies with the Federal Occupational Safety and Health Act of 1970 (29 U.S.C. § 651 et seq.), and California Code of Regulations, Title 8, Industrial Relations Division 1, Department of Industrial Relations, Chapter 4. The Contractor shall ensure the availability of emergency medical services for its employees in accordanc e with California Code of Regulations, Title 8, Section 25977.00100\34209346.1

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1512.

The Contractor shall submit the Illness and Injury Prevention Program and a Project site specific safety program to the Town prior to beginning Work at the Project site. Contractor shall maintain a confined space program that meets or exceeds the Town Standards. Contractor shall adhere to the Town’s lock out tag out program.

ARTICLE 38. INSURANCE
[**TOWN’S RISK MANAGER TO REVIEW COVERAGE AND LIMITS**] The Contractor shall obtain, and at all times during performance of the Work of Contract, maintain all of the insurance described in this Article. Contractor shall not commence Work under this Contract 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 subcontract until it has provided evidence satisfactory to the Town that the subcontractor has secured all insurance required under this Article. Failure to provide and maintain all required insurance shall be grounds for the Town to terminate this Contract for cause.

Contractor shall 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 certif icates and endorsements must be received and approved by the Town before Work commences.

A. Additional Insureds; Waiver of Subrogation. The Town, its officials, officers, employees, agents and authorized volunteers shall be named as Additional Insureds on Contractor’s All Risk policy and on Contractor’s and its subcontractors’ policies of Commercial General Liability and Automobile Liability insurance using, for Contractor’s policy/ies of Commercial General Liability insurance, ISO CG forms 20 10 and 20 37 ( or endorsements providing the exact same coverage, including completed operations), and, for subcontractors’ policies of Commercial General Liability 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. Cont ractor and its insurance carriers shall provide a Waiver of Subrogation in favor of those parties.

B. Workers’ Compensation Insurance. The Contractor shall provide workers’ compensation insurance for all of the employees 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 any 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 subcontractor 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 accordance with the provisions of section 3700 of the Labor Code. 25977.00100\34209346.1

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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 Documents.

C. Employer’s Liability Insurance. Contractor shall provide Employer’s Liability Insurance, including Occupational Disease, in the amount of at least one million dollars ($1,000,000.00) per person per accident. Contractor shall provide Town with a certificate of Employer’s Liability Insurance. Such insurance shall comply with the provisions of the Contract Documents. 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.

D. 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, prem ises liability, contractual liability, products/completed operations, personal and advertising 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 exclusion 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 than $1,000,000 per occurrence for bodily injury, personal injury and property damage. [***PLEASE NOTE THAT THIS

AMOUNT MAY NEED TO BE ADJUSTED UPWARD DEPENDING ON THE
NATURE AND SCOPE OF THE WORK TO BE PERFORMED. INSURANCE COVERAGE SHOULD BE EVALUATED ON A CASE- BY-CASE BASIS. ALWAYS DELETE THIS BOX.***] If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit s hall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Defense costs shall be paid in addition to the limits.

1. Such policy shall comply with all the requirements of this Article. The limi ts set forth herein shall apply separately 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 Contractor’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 Documents or law.

2. All general liability policies provided pursuant to the provisions of this Article shall comply with the provisions of the Contract Documents.

3. All general liability policies shall be written to apply to all bodily injury, including death, property damage, personal i njury, owned and non- owned equipment, blanket contractual liability, completed operations liability, explosion, collapse, under-ground excavation, removal of lateral support, and other covered loss, however occasioned, occurring during the policy term, and shall specifically insure the performance by Contractor of that part of the indemnification contained 25977.00100\34209346.1

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in these General Conditions relating to liability for injury to or death of persons and damage to property.

4. If the coverage contains one or more aggregat e limits, a minimum of 50% of any such aggregate limit must remain available at all times; if over 50% of any aggregate limit has been paid or reserved, the Town may require additional coverage to be purchased by Contractor to restore the 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 excess liability policy shall include the additional insured endorsement described in the Contract Documents.

5. All policies of general liability insurance shall permit and Contractor does hereby waive any right of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.

E. Automobile Liability Insurance. Co ntractor 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 provi de 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 insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.

F. Builder’s Risk [“All Risk”] [***INSERT IF APPLICAB LE; PLEASE NOTE: THE

TOWN MAY BE ABLE TO OBTAIN THIS COVERAGE THROUGH ITS EXISTING

PROPERTY POLICY AT A COST LESS THAN WHAT THE CONTRACTOR WOULD PROVIDE. CHECK WITH YOUR RISK MANAGER. IF THE TOWN

PROVIDES THIS COVERAGE OR IT IS NOT APPLICABLE, DELETE THIS SECTION***].

1. It is the Contractor’s responsibility to maintain or cause to be maintained Builder’s Risk [“All Risk”] extended coverage insurance on all work, material, equipment, appliances, tools, and structures that are or will become part of the Work and subject to loss or damage by fire, and vandalism and malicious mischief, in an amount to cover 100% of the replacement cost. The Town accepts no responsibility for the Work until the Work is formally accepted by the Town. The Contractor shal l provide a certificate evidencing this coverage before commencing performance of the Work.

2. The named insureds shall be Contractor, all Subcontractors of any tier (excluding those solely responsible for design work), suppliers, and Town, its elected officials, officers, employees, agents and authorized volunteers, as their interests may appear. Contractor shall not be required to maintain property insurance for any portion of the Work following acceptance by Town.
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3. Policy shall be provided for replacement v alue on an “all risk” basis. There shall be no coinsurance penalty provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty workmanship, nonconforming work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) transit coverage, including ocean marine coverage (unless insured by the supplier), with sub-limits sufficient to insure the full replacement value of any key equipment item; and (5) coverage with sub- limits sufficient to insure the full replacement value of any property or equipment stored either on or off the Site. Such insurance shall be on a form acceptable to Town to ensure adequacy and sublimit.

4. In addition, the policy shall meet the following requirements:
a. Insurance policies shall be so conditioned as to cover the performance of any extra work performed under the Contract.
b. Coverage shall include all materials stored on site and in transit. c. Coverage shall include Contractor’s tools and equipment. d. Insurance shall include boiler, machinery and material hoist coverage.

G. [***FOR WORK INVOLVING ENVIRONMENTAL HAZARDS***] Contractor’s Pollution Liability Coverage. Contractor shall provide pollution liability insurance in an amount not less than $1,000,000 per occurrence and $2,000,000 aggregate.

H. Contractor shall require all tiers of sub- contractors working under this Contract to provide the insurance required under 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 indemnify and hold the Town harmless from any damage, loss, cost, or expense, including attorneys’ fees, incurred by the Town as a result thereof.

ARTICLE 39. FORM AND PROOF OF CARRIAGE OF INSURANCE
A. Any insurance carrier providing insurance coverage required by the Contract Documents shall be admitted to and authorized to do business in the State of California unless waiv ed, 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 Contractor shall either 1 ) reduce or eliminate such deductibles or self -insured retentions, or 2) procure 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 25977.00100\34209346.1

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indicating that such coverage is subject to the same terms and conditions as the underlying liability policy.

B. Each insurance policy required by this Contract 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, return 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 provided to the Town, its officials, officers, agents, employees, and volunteers.

C. The Certificates(s) and policies of insurance shall contain or shall be endorsed to contain the covenant of the insurance carrier(s) that it shall provide no less than thirty (30) days written notice be given to the Town 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 Documents, unless the Town receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverage’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 endorsements or policies of insurance including all endorsem ents and any and all other attachments as required in this Article . 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.

D. 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 shall not be construed as contributory.

E. Town reserves the right to adjust the monetary limits of insurance coverages during the term of this Contract including any extension thereof if, in the Town’s reasonable judgment, the amount or type of insurance carried by the Contractor becomes inadequate.

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

ARTICLE 40. TIME FOR COMPLETION AND LIQUIDATED DAMAGES
A. Time for Completion/Liquidated Damages. Time is of the essence in the completion of the Work. Work shall be commenced within ten (10) Days of the date stated in the Town’s Notice to Proceed and shall be completed by Contractor in the time specified in the Contract Documents. The Town is under no obligation to consider early completion of the Project; and the Contract completion date shall not be amended by the Town’s receipt or acceptance of the Contractor’s proposed earlier completion date. Furthermore, Contractor shall not, under any circumstances, 25977.00100\34209346.1

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receive additional compensation from the Town (including but not limited to indirect, general, administrative or other forms of overhead costs) for the period between the time of earlier completion proposed by the Contractor and the Contract completion date. If t he Work is not completed as stated in the Contract Documents, it is understood that the Town will suffer damage. In accordance with Government Code section 53069.85, being impractical and infeasible to determine the amount of actual damage, it is agreed that Contractor shall pay to the Town as fixed and liquidated damages, and not as a penalty, the sum stipulated in the Contract for each calendar day of delay until the Work is fully completed. Contractor and its surety shall be liable for any liquidated damages. Any money due or to become due the Contractor may be retained to cover liquidated damages.

B. Inclement Weather. Contractor shall abide by the Engineer’s determination of what constitutes inclement weather. Time extensions for inclement weather shall only be granted when the Work stopped during inclement weather is on the critical path of the Project schedule.

C. Extension of Time. Contractor shall not be charged liquidated damages because of any delays in completion of t he Work due to unforeseeable causes beyond the control and without the fault or negligence of Contractor (or its subcontractors or suppliers). Contractor shall within five (5) Days of identifying any such delay notify the Town in writing of causes of delay. The Town shall ascertain the facts and extent of delay and grant extension of time for completing the Work when, in its judgment, the facts justify such an extension. Time extensions to the Project shall be requested by the Contractor as they occur and wi thout delay. No delay claims shall be permitted unless the event or occurrence delays the completion of the Project beyond the Contract completion date.

D. No Damages for Reasonable Delay. The Town’s liability to Contractor for delays for which the Town is responsible shall be limited to only an extension of time unless such delays were unreasonable under the circumstances. In no case shall the Town be liable for any costs which are borne by the Contractor in the regular course of business, including, but not limited to, home office overhead and other ongoing costs. Damages caused by unreasonable Town delay, including delays caused by items that are the responsibility of the Town pursuant to Government Code section 4215, shall be based on actual costs only, no proportions or formulas shall be used to calculate any delay damages.

ARTICLE 41. COST BREAKDOWN AND PERIODIC ESTIMATES
Contractor shall furnish on forms Approved by the Town:

A. Within ten (10) Days of Notice to Proceed with the Contract, a detailed estimate giving a complete breakdown of the Contract price, if the Contract amount is a lump sum.

B. A monthly itemized estimate of Work done for the purpose of making progress payments. In order for the Town to consider and evaluate each progress payment application, the Contractor shall submit a detailed measurement of Work performed 25977.00100\34209346.1

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and a progress estimate of the value thereof before the tenth (10th) Day of the following month.

C. Contractor shall submit, with each of its payment requests, an adjusted list of actual quantities, verified by the Engineer, for unit price items listed, if any, in the Bid Form.

D. Following the Town’s Acceptance of the Work, the Contractor shall submit to the Town a written statement of the final quantities of unit price items for inclusion in the final payment request.

E. The Town shall have the right to adjust any estimate of quantity and to subsequently correct any error made in any estimate for payment.

Contractor shall certify under penalty of perjury, that all cost breakdowns and periodic estimates accurately reflect the Work on the Project.

ARTICLE 42. PROGRESS ESTIMATES AND PAYMENT
A. By the tenth (10th) Day of the following calendar month, Contractor shall submit to Engineer a payment request which shall set forth in detail the value of the Work done for the period beginning with the date work was first commenced and ending on the end of the calendar month for whi ch the payment request is prepared. Contractor shall include any amount earned for authorized extra work. From the total thus computed, a deduction shall be made in the amount of five percent (5%) for retention, except where the Town has adopted a finding that the Work done under the Contract is substantially complex, and then the amount withheld as retention shall be the percentage specified in the Notice Inviting Bids. From the remainder a further deduction may be made in accordance with Section B below. The amount computed, less the amount withheld for retention and any amounts withheld as set forth below, shall be the amount of the Contractor’s payment request.

B. The Town may withhold a sufficient amount or amounts of any payment or payments otherwise due to Contractor, as in his judgment may be necessary to cover:

1. Payments which may be past due and payable for just claims against Contractor or any subcontractors for labor or materials furnished in and about the performance of work on the Project under this Contract.

2. Defective work not remedied.

3. Failure of Contractor to make proper payments to his subcontractor or for material or labor.

4. Completion of the Contract if there is a reasonable doubt that the Work can be completed for balance then unpaid.

5. Damage to another contractor or a third party.

6. Amounts which may be due the Town for claims against Contractor.

7. Failure of Contractor to keep the record (“as-built”) drawings up to date. 25977.00100\34209346.1

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8. Failure to provide update on construction schedule as required herein.

9. Site cleanup.

10. Failure to comply with Contract Documents.

11. Liquidated damages.

12. Legally permitted penalties.

C. The Town may apply such withheld amount or amounts to payment of such claims or obligations at its discretion with the exception of subsections (B)(1), ( 3), and (5) of this Article, which must be retained or applied in accordance with applicable law. In so doing, the Town shall be deemed the agent of Contractor and any payment so made by the Town shall be considered as a payment made under contract by the Town to Contractor and the Town shall not be liable to Contractor for such payments made in good faith. Such payments may be made without prior judicial determination of claim or obligations. The Town will render Contractor a proper accounting of such funds disbursed on behalf of Contractor.

D. Upon receipt, the Engineer shall review the payment request to determine whether it is undisputed and suitable for payment. If the payment request is determined to be unsuitable for payment, it shall be returned to Contractor as soon as practicable but not later than seven (7) Days after receipt, accompanied by a document setting forth in writing the reasons why the payment request is not proper. The Town shall make the progress payment within 30 calendar days after the receipt of an undisputed and properly submitted payment request from Contractor, provided that a release of liens and claims has been received from the Contractor pursuant to Civil Code section 8132. The number of days available to the Town to make a payment without incurring interest pursuant to this paragraph shall be reduced by the number of days by which the Engineer exceeds the seven (7) Day requirement.

E. A payment request shall be considered properly executed if funds are available for payment of the payment request and payment is not delayed due to an audit inquiry by the financial officer of the Town.

ARTICLE 43. SECURITIES FOR MONEY WITHHELD
Pursuant to section 22300 of the Public Contract Code of the State of California, Contractor may request the Town to make retention payments directly to an escrow agent or may substitute securities for any money withheld by the Town to ensure performance under the contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the Town or with a state or federally chartered bank as the escrow agent who shall return such securi ties to Contractor upon satisfactory completion of the contract. Deposit of securities with an escrow agent shall be subject to a written agreement substantially in the form provided in section 22300 of the Public Contract Code.

ARTICLE 44. CHANGES AND EXTRA WORK.

A. Contract Change Orders.
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1. The Town, without invalidating the Contract, may order changes in the Work consisting of additions, deletions or other revisions, and the Contract Price and Contract Time shall be adjusted accordingly. Except as otherwise provided herein, all such changes in the Work shall be authorized by Change Order, and shall be performed under the applicable conditions of the Contract Documents.

A Change Order signed by the Contractor indicates the Contractor's agreement therewith, including any adjustment in the Contract Price or the Contract Time, and the full and final settlement of all costs (direct, indirect and overhead) related to the Work authorized by the Change Order.

2. Contractor shall promptly execute changes in the Work as directed i n writing by the Town even when the parties have not reached agreement on whether the change increases the scope of Work or affects the Contract Price or Contract Time. All claims for additional compensation to the Contractor shall be presented in writing. No claim will be considered after the Work in question has been done unless a written Change Order has been issued or a timely written notice of claim has been made by Contractor.

3. Whenever any change is made as provided for herein, such change shall be considered and treated as though originally included in the Contract, and shall be subject to all terms, conditions, and provisions of the original Contract.

4. Contractor shall not be entitled to claim or bring suit for damages, whether for loss of profits o r otherwise, on account of any decrease or omission of any item or portion of Work to be done.

5. No dispute, disagreement, or failure of the parties to reach agreement on the terms of the Change Order shall relieve the Contractor from the obligation to proceed with performance of the work, including Additional Work, promptly and expeditiously.

6. Contractor shall make available to the Town any of the Contractor’s documents related to the Project immediately upon request of the Town, as set forth in Article 52.

7. Any alterations, extensions of time, Additional Work, or any other changes may be made without securing consent of the Contractor’s surety or sureties.

B. Contract Price Change.

1. Process for Determining Adjustments in Contract Price. a. Owner Initiated Change. The Contractor must submit a complete cost proposal, including any change in the Contract Price or Contract Time, within seven (7) Days after receipt of a scope of a proposed change order initiated by the Town, unless the Town requests that proposals be submitted in less than seven (7) Days.
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within seven (7) Days of discovery of the facts giving rise to the proposed change order.
c. Whenever possible, any changes to the Contract amount shall be in a lump sum mutually agreed to by the Contractor and the Town.
d. Price quotations from the Contractor shall be accompanied by sufficiently detailed supporting documentati on to permit verification by the Town , including but not limited to estimates and quotations from subcontractors or material suppliers, as the Town may reasonably request. Contractor shall certify the accuracy of all Change Order Requests under penalty of perjury. e. If the Contractor fails to submit a complete cost proposal within the seven (7) Day period (or as requested), the Town has the right to order the Contractor in writing to commence the W ork immediately on a time and materials basis and/or issue a lump sum change to the Contract Price and/or Contract Time in accordance with the Town’s estimate. If the change is issued based on the Town's estimate, the Contractor will waive its right to dispute the action unless within fifteen (15) Days following co mpletion of the added/deleted work, the Contractor presents written proof that the Town’s estimate was in error.

2. Unit Price Change Orders.
a. When the actual quantity of a Unit Price item varies from the Bid Form, compensation for the change in quantity will be calculated by multiplying the actual quantity by the Unit Price. This calculation may result in either an additive or deductive Final Change Order pursuant to the Contract Documents.
b. No Mark up for Overhead and Profit . Because the Contract Unit Prices provided in the Bid Form include Overhead and Profit as determined by Contractor at the time of Bid submission, no mark up or deduction for Overhead and Profit will be included in Unit Price Change Orders. c. Bid items included on the Bid Form may be deducted from the Work in their entirety without any negotiated extra costs.
d. Contractor acknowledges that unit quantities are estimates and agrees that the estimated unit quantities listed on the Bid Form will be adjusted to reflect the actual unit quantities whi ch may result in an adjustment to the Contract Unit Prices. Such an adjustment will be made by execution of a final additive or deductive Change Order following Contractor’s completion of the Work.

Upon notification, Contractor’s failure to respond withi n seven (7) Days will result in Town’s issuance of a unit quantity adjustment to the Contract Unit Prices and/or Contract Time in accordance with the Contract Documents. e. The Town or Contractor may make a Claim for an adjustment in the Unit Price in accordance with the Contract Documents if:
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i. the quantity of any item of Unit Price Work performed by Contractor differs by twenty -five percent (25%) or more from the estimated quantity of such item indicated in the Contract; and
ii. there is no corresponding adjustment with respect to any other item of Work; and
iii. Contractor believes that Contractor is entitled to an increase in Unit Price as a result of having incurred additional expense or the Town believes that the Town is entitled to a decrease in Unit Price and the parties are unable to agree as to the amount of any such increase or decrease..

3. Lump Sum Change Orders . Contractor shall incorporate the provisions of this Section into all agreements with Subcontractors. Compensation for Lump Sum Change Orders shall be limited to expenditures necessitated specifically by the Additional Work, and shall be according to the following:
a. Overview. The Contractor will submit a properly itemized Lump Sum Change Order Proposal covering the Additional Work and/or the work to be deleted.

This proposal will be itemized for the various components of the Additional Work and segregated by labor, material, and equipment in a detailed format satisfactory to the Town. The Town will require itemized change orders on all change order proposals from the Contractor, subcontractors, and sub- subcontractors regardless of tier. Details to be submitted will include detailed line item estimates showing detailed materials quantity take- offs, material prices by item and related labor hour pricing information and extensions (by line item or by drawing as applicable).
b. Labor. The costs of labor will be the actual cost for wages prevailing locally for each craft or type of worker at the time the Additional Work is done, plus employer payments of payroll taxes and insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs resulting from Federal, State or local laws, as well as assessment or benefits required by lawful collective bargaining agreemen ts. The use of a labor classification which would increase the Additional Work cost will not be permitted unless the Contractor establishes the necessity for such new classifications. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental.

Estimated labor hours must only include hours for those workmen and working foremen directly involved in performing the change order work.

Supervision above the level of working foremen (such as general foremen, superintendent, project manager, etc.) is considered to be included in the markup percentages as outlined below. Note that no separate allowances for warranty expense will be allowed as a direct cost of a change order.

Costs attributed to warranty expenses will be considered to be covered by the markup.
c. Labor Burden. Labor burden allowable in change orders shall be defined as employer's net actual cost of payroll taxes (FICA, Medicare, SUTA, FUTA), 25977.00100\34209346.1

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net actual cost for employer's cost of union benefits (or other usual and customary fringe benefits if the employees are not union employees), and net actual cost to employer for worker's compensation insurance taking into consideration adjustments for experience modifiers, premium discounts, dividends, rebates, expense constants, assigned risk pool costs, net cost reductions due to policies with deductibles for self -insured losses, assigned risk rebates, etc. Contractor shall reduce their standard payroll tax percentages to proper ly reflect the effective cost reduction due to the estimated impact of the annual maximum wages subject to payroll taxes. An estimated percentage for labor burden may be used for pricing change orders. However, the percentage used for labor burden to pri ce change orders will be examined at the conclusion of the Project and an adjustment to the approved change orders will be processed if it is determined that the actual labor burden percentage should have been more or less than the estimated percentage used.
d. Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available in the quantities involved, plus sales tax, freight, and delivery. Materials costs shall be based upon supplier or manufacturer’s invoice. If invoices or other satisfactory evidence of cost are not furnished within fifteen (15) Days of delivery, then the Town shall determine the materials cost, at its sole discretion. Estimated material change order costs shall reflect t he Contractor's reasonably anticipated net actual cost for the purchase of the material needed for the change order work. Estimated material costs shall reflect cost reductions available to the Contractor due to “non-cash” discounts, trade discounts, free material credits, and/or volume rebates. “Cash” discounts (i.e., prompt payment discounts of 2% or less ) available on material purchased for change order work shall be credited to the Town if the Contractor is provided the Town funds in time for Contractor to take advantage of any such “cash” discounts. The portion of any “cash” discounts greater than 2% will not be considered “non -cash” discount for purposes of this provision. Price quotations from material suppliers must be itemized with unit prices for each specific item to be purchased. "Lot pricing" quotations will not be considered sufficient substantiating detail.
e. Tool and Equipment Use. Costs for the use of small tools, which are tools that have a replacement value of $1,000 or less, shall be considered included in the Overhead and Profit mark -ups established below. Allowable change order estimated costs may include appropriate amounts for rental of major equipment specifically needed to perform the change order work (defined as tools and equipment with an individual purchase cost of more than $750).

For Contractor owned equipment, the "bare" equipment rental rates allowed to be used for pricing change order proposals shall be 75% of the monthly rate listed in the most current publication of The AED Green Book divided by 176 to arrive at a maximum hourly rate to be applied to the hours the equipment is used performing the change order work. Further, for Contractor owned equipment, the aggregate equipment rent charges for any single piece of equipment used in all change order work shall be limited to 50% of the fair market value of the piece of equipment when the first change order is priced 25977.00100\34209346.1

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involving usage of the piece of equipment. Fuel necessary to operate the equipment will be considered as a separate direct cost associated with the change order work.
f. Maximum Markup Percentage Allowable on Self -Performed Work . With respect to pricing change orders, the maximum markup percentage to be paid to any Contractor or subcontractor (regardless of tier) on self -performed work shall be a single markup percentage not -to-exceed fifteen percent (15%) of the net direct cost of (1) direct labor and allowable labor burden costs applicable to the change in the Work; (2) the net cost of material and installed equipment incorporated into the change in the Work, and (3) net rental cost of major equipment and related fuel costs necessary to complete the change in the Work. The markup computed using the above formula shall be considered to be allocated 2/3 to cover applicable overhead costs directly attributable to the field overhead costs related to processing, supervising and performing, the change order work, and the remaining 1/3 to cover home office overhead costs and profit
g. Maximum Markup Percentages Allowable on Work Performed by Lower Tier Subcontractors. With respect to pricing the portion of change order proposals involving Work performed by lower tier contractors, the maximum markup percentage allowable to the Contractor or subcontractor supervising the lower tier subcontractor's work shall not exceed five percent (5%) of the net of all approved change order work performed by all subcontractors combined for any particular change order propos al. The markup computed using the above formula shall be considered to be allocated 2/3 to cover applicable overhead costs directly attributable to the field overhead costs related to processing, supervising and performing the change order work, and the remaining 1/3 to cover home office overhead costs and profit. h. No Markup on Bonds and Liability Insurance Costs . Change order cost adjustments due to increases or decreases in bond or insurance costs (if applicable) shall not be subject to any markup.
i. Direct and Indirect Costs Covered by Markup Percentages . As a further clarification, the agreed upon markup percentage set forth above is intended to cover the Contractor's profit and all indirect costs associated with the change order work. Items intended to be covered by the markup percentage include, but are not limited to: home office expenses, branch office and field office overhead expense of any kind, project management, superintendents, general foremen, estimating, engineering, coordinating, expediting, purchasing, detailing, legal, accounting, data processing or other administrative expenses, shop drawings, permits, auto insurance and umbrella insurance, pick -up truck costs, and warranty expense costs. The cost for the use of small tools is also to be considered covered by the markup percentage established above. Small tools shall be defined as tools and equipment (power or non-power) with an individual purchase cost of less than $750.
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j. Deduct Change Orders and Net Deduct Changes . The application of t he markup percentages referenced above will apply to both additive and deductive change orders. In the case of a deductive change order, the credit will be computed by applying the sliding scale percentages as outlined above so that a deductive change order would be computed in the same manner as an additive change order. In those instances where a change involves both additive and deductive work, the additions and deductions will be netted and the markup percentage adjustments will be applied to the net amount. k. Contingency. In no event will any lump sum or percentage amounts for "contingency" be allowed to be added as a separate line item in change order estimates. Unknowns attributable to labor hours will be accounted for when estimating labor hours anticipated performing the work. Unknowns attributable to material scrap and waste will be estimated as part of material costs.
l. Insurance and Bonds . In the event the Contractor has been required to furnish insurance and/or bonds as part of the base contrac t price, a final contract change order will be processed to account for the Contractor's net increase or decrease in insurance costs and/or bond premium costs associated with change orders to Contractor's base Contract Price.

4. Time and Materials Change Orders.
a. General. The term Time and Materials means the sum of all costs reasonably and necessarily incurred and paid by Contractor for labor, materials, and equipment in the proper performance of Additional Work.

Except as otherwise may be agreed to in writi ng by the Town, such costs shall be in amounts no higher than those prevailing in the locality of the Project, and shall include only the following items.
b. Timely and Final Documentation.
i. T&M Daily Sheets . Contractor must submit timesheets, materials invoices, records of equipment hours, and records of rental equipment hours to the Town’s Representative for an approval signature each day Additional Work is performed. Failure to get the Town’s Representative’s approval signature each Day shall result in a w aiver of Contractor’s right to claim these costs. The Town’s Representative’s signature on time sheets only serves as verification that the Work was performed and is not indicative of Town’s agreement to Contractor’s entitlement to the cost. ii. T&M Daily Summary Sheets. All documentation of incurred costs (“T&M Daily Summary Sheets”) shall be submitted by Contractor within three (3) Days of incurring the cost for labor, material, equipment, and special services as Additional Work is performed. Contractor’s actual costs shall be presented in a summary table in an electronic spreadsheet file by labor, material, equipment, and special services. Each T&M Daily Summary Sheet shall include Contractor’s actual costs incurred for the Additional Work performed that day and a cumulative total of Contractor’s 25977.00100\34209346.1

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actual costs incurred for the Additional Work. Contractor’s failure to provide a T&M Daily Summary Sheet showing a total cost summary within three (3) Days but within five (5) Days of performance of the Work will result in the Contractor’s otherwise allowable overhead and profit being reduced by 50% for that portion of Additional Work which was not documented in a timely manner. Contractor’s failure to submit the T&M Daily Summary Sheet within five (5) Days of performance of the Work will result in a total waiver of Contractor’s right to claim these costs. iii. T&M Total Cost Summary Sheet . Contractor shall submit a T&M Total Cost Summary Sheet, which shall include total actual costs, within seven (7) Days following c ompletion of Town approved Additional Work.

Contractor’s total actual cost shall be presented in a summary table in an electronic spreadsheet file by labor, material, equipment, and special services. Contractor’s failure to submit the T&M Total Cost Summ ary Sheet within seven (7) Days of completion of the Additional Work will result in Contractor’s waiver for any reimbursement of any costs associated with the T&M Summary Sheets or the performance of the Additional Work.
c. Labor. The Contractor will be paid the cost of labor for the workers used in the actual and direct performance of the Work. The cost of labor will be the sum of the actual wages paid (which shall include any employer payments to or on behalf of the workers for health and welfare, pension, vacation, and similar purposes) substantiated by timesheets and certified payroll for wages prevailing for each craft or type of workers performing the Additional Work at the time the Additional Work is done, and the labor surcharge set forth in the Department of Transportation publication entitled Labor Surcharge and Equipment Rental Rates, which is in effect on the date upon which the Work is accomplished and which is a part of the Contract. The labor surcharge shall constitute full compensation for all payments imposed by Federal, State, or local laws and for all other payments made to, or on behalf of, the workers, other than actual wages.
i. Equipment Operator Exception. Labor costs for equipment operators and helpers shall be paid only when such costs are not included in the invoice for equipment rental.
ii. Foreman Exception. The labor costs for foremen shall be proportioned to all of their assigned work and only that applicable to the Additional Work shall be paid. Indirect labor costs, including, without limitation, the superintendent, project manager, and other labor identified in the Contract Documents will be considered Overhead.
d. Materials. The cost of materials reported shall be itemized at invoice or lowest current price at which materials are locally available and delivered to the Project site in the quantities involved, plus the cost of sales tax, freight, delivery, and storage.
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i. Trade discounts available to the purchaser shall be credited to the Town notwithstanding the fact that such discounts may not have been taken by Contractor.
ii. For materials secured by other than a direct purchase and direct billing to the purchaser, the cost shall be deemed to be the price paid to the actual supplier as determined by the Town’s Representative.
iii. Payment for materials from sources owned wholly or in part by the purchaser shall not exceed the price paid by the purchaser for similar materials from said sources on Additional Work items or the current wholesale price for such materials delivered to the Project site, whichever price is lower.
iv. If, in the opinion of the Town’s Representative, the cost of materials is excessive, or Contractor does not furnish satisfactory evidence of the cost of such materials, then the cost shall be deemed to be the lowest current wholesale price for the total quantity concerned delivered to the Project site less trade discounts.
v. The Town reserves the right to furnish materials for the Additional Work and no Claim shall be allowed by Contractor for costs of such materials or Indirect Costs or profit on Town furnished materials.
e. Equipment.
i. Rental Time. The rental time to be paid for equipment on the Project s ite shall be the time the equipment is in productive operation on the Additional Work being perfo rmed and, in addition, shall include the time required to move the equipment to the location of the Additional Work and return it to the original location or to another location requiring no more time than that required to return it to its original location; except that moving time will not be paid if the equipment is used on other than the Additional Work, even though located at the site of the Additional Work. (a) Rental Time Not Allowed . Rental time will not be allowed while equipment is inoperative due to breakdowns.
(b) Computation Method. The following shall be used in computing the rental time of equipment on the Project site.
(i) When hourly rates are paid, any part of an hour less than 30 minutes of operation shall be considered to be 1/2- hour of operation, and any part of an hour in excess of 30 minutes will be considered one hour of operation.
(ii) When daily rates are paid, any part of a day less than 4 hours operation shall be considered to be 1/2- day of operation, and any part of an hour in excess of 4 hours will be considered one day of operation.
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ii. Rental Rates . Contractor will be paid for the use of equipment at the lesser of (i) the actual rental rate, or (ii) the rental rate listed for that equipment in the California Department of Transportation publication entitled Labor Surcharge and Equipment Rental Rates , which is in effect on the date upon which the Contract was executed. Such rental rates will be used to compute payments for equipment whether the equipment is under Contractor’s control through direct ownership, leasing, renting, or another method of acquisition. The rental rate to be applied for use of each item of equipment shall be the rate (i.e., daily, monthly) resulting in the least total cost to the Town for the total period of use. If it is deemed necessary by Contractor to use equipment not listed in the publication, an equitable rental rate for the equipment will be established by the Town’s Representative. Contractor may furnish cost data which might assist the Town’s Representative in the establishment of the rental rate. iii. Contractor-Owned Equipment.
(a) For Contractor-owned equipment, the allowed equipment rental rate will be limited to the monthly equipment rental rate using a utilization rate of 173 hours per month.
(b) For Contractor-owned equipment, the rental time to be paid for equipment on the Site shall be the time the equipment is in productive operation, unless, in the instance of standby time, the equipment could be actively used by Contractor on another project, then Town shall pay for the entirety of the time the equipment is on Site. It shall be Contractor’s burden to demonstrate to the Town that the equipment could be actively used on another project. iv. All equipment shall, in the opinion of the Town’s Representative, be in good working condition and suitable for the purpose for which the equipment is to be used.
v. Before construction equipment is used on the Additional Work, Contractor shall plainly stencil or stamp an identifying number thereon at a conspicuous location, and shall furnish to the Town ’s Representative, in duplicate, a description of the equipment and its identifying number and the scheduled Additional Work activities planned.
vi. Unless otherwise specified, manufacturer’s rating and manufacturer approved modifications shall be used to classify equipment for the determination of applicable rental rates. Equipment which has no direct power unit shall be powered by a unit of at least the minimum rating recommended by the manufacturer.
f. Special Services . Special work or services are defined as that Additional Work characterized by extraordinary complexity, sophistication, or innovation or a combination of the foregoing attributes which are unique to the construction industry.
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i. Invoices for Special Services . When the Town’s Representative and Contractor determine that a special service is required which cannot be performed by the forces of Contractor or those of any of its Subcontractors, the special service may be performed by an entity especially skilled in the Additional Work. Invoices for special services based upon the current fair market value thereof may be accepted without complete itemization of labor, material, and equipment rental costs, after validation of market values by the Town’s Representative. ii. Discount and Allowance. All invoices for special services will be adjusted by deducting all trade discounts offered or available, whether the discounts were taken or not. In lieu of Overhead and Profit specified herein, a total allowance not to exceed fifteen percent (15%) for Overhead and Profit will be added to invoices for Special Services. iii. When the Town determines, in its sole discretion, that competitive bidding is necessary for certain special services, Contractor shall solicit competitive bids for those special services.
g. Excluded Costs . The t erm Time and Material shall not include any of the following costs or any other home or field office overhead costs, all of which are to be considered administrative costs covered by Contractor’s allowance for Overhead and Profit.
i. Overhead Cost . Payroll costs and other compensation of Contractor’s officers, executives, principals, general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, timekeepers, clerks, and other personnel employed by Contractor whether at the Site or in Contractor’s principal office or any branch office, material yard, or shop for general administration of the Additional Work; ii. Office Expenses. Expenses of Contractor’s principal and branch offices; iii. Capital Expenses. Any part of Contractor’s capital expenses, including interest on Contractor’s capital employed for the Additional Work and charges against Contractor for delinquent payments;
iv. Negligence. Costs due to the negligence of Contractor or any Subcontractor or Supplier, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including without limitation the correction of Defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property;
v. Other. Other overhead or general expense costs of any kind and the cost of any item not specifically and expressly included in the Contract Documents;
vi. Small Tools . Cost of small tools valued at less than $1,000 and that remain the property of Contractor;
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vii. Administrative Costs. Costs associated with the preparation of Change Orders (whether or not ultimately authorized), cost estimates, or the preparation or filing of Claims;
viii. Anticipated Lost Profits . Expenses of Contractor associated with anticipated lost profits or lost revenues, lost income or earnings, lost interest on earnings, or unpaid retention;
ix. Home Office Overhead. Costs derived from the computation of a “home office overhead” rate by application of t he Eichleay, Allegheny , burden fluctuation, or other similar methods;
x. Special Consultants and Attorneys . Costs of special consultants or attorneys, whether or not in the direct employ of Contractor, employed for services specifically related to the resolution of a Claim, dispute, or other matter arising out of or relating to the performance of the Additional Work. h. Overhead, Profit and Other Charges . The mark -up for overhead (including supervision) and profit on work added to the Contract shall be according to the following:
i. “Net Cost” is defined as consisting of costs of labor, materials , and tools and equipment only excluding overhead and profit. The costs of applicable insurance and bond premium will be reimbursed to the Contractor and subcontractors at cost only, without mark -up. Contractor shall provide Town with documentation of the costs, including, but not limited to, payroll records, invoices , and such other information as Town may reasonably request.
ii. For Work performed by the Contractor’s forces, the added cost for overhead and profit shall not exceed fifteen percent (15%) of the Net Cost of the Work.
iii. For Work performed by a subcontractor, the added cost for overhead and profit shall not exceed fifteen percent (15%) of the subcontractor’s Net Cost of the Work to which the Contractor may add five percent (5%) of the subcontractor’s Net Cost.
iv. For Work performed by a sub-subcontractor, the added cost for overhead and profit shall not exceed fifteen percent (15%) of the sub- subcontractor’s Net Cost for Work to which the subcontractor and general contractor may each add an additional five percent (5%) of the Net Cost of the lower tier subcontractor.
v. No additional mark-up will be allowed for lower tier subcontractors, and in no case shall the added cost for overhead and profit payable by Town exceed twenty-five percent (25%) of the Net Cost as defined herein, of the party that performs the Work.

5. All of th e following costs are included in the markups for overhead and profit described above, and Contractor shall not receive any additional compensation 25977.00100\34209346.1

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for: Submittals, drawings, field drawings, Shop Drawings, including submissions of drawings; field inspection; General Superintendence; General administration and preparation of cost proposals, schedule analysis, Change Orders, and other supporting documentation; computer services; reproduction services; Salaries of project engineer, superintendent, timekeeper, storekeeper, and secretaries; Janitorial services; Small tools, incidentals and consumables; Temporary On-Site facilities (Offices, Telephones, High Speed Internet Access, Plumbing, Electrical Power, Lighting; Platforms, Fencing, Water), Jobsite and Home o ffice overhead or other expenses; vehicles and fuel used for work otherwise included in the Contract Documents; Surveying; Estimating; Protection of Work; Handling and disposal fees; Final Cleanup; Other Incidental Work; Related Warranties; insurance and bond premiums.

6. For added or deducted Work by subcontractors, the Contractor shall furnish to the Town the subcontractor’s signed detailed record of the cost of labor, material and equipment, including the subcontractor markup for overhead and profit. The same requirement shall apply to sub-subcontractors

7. For added or deducted work furnished by a vendor or supplier, the Contractor shall furnish to the Town a detailed record of the cost to the Contractor, signed by such vendor or supplier.

8. Any change in the W ork involving both additions and deletions shall indicate a net total cost, including subcontracts and materials. Allowance for overhead and profit, as specified herein, shall be applied if the net total cost is an increase in the Contract Price; overhead and profit allowances shall not be applied if the net total cost is a deduction to the Contract Price. The estimated cost of deductions shall be based on labor and material prices on the date the Contract was executed.

9. Contractor shall not reserve a right to assert impact costs, extended job site costs, extended overhead, constructive acceleration and/or actual acceleration beyond what is stated in the Change Order for Work. No claims shall be allowed for impact, extended overhead costs, constructive acc eleration and/or actual acceleration due to a multiplicity of changes and/or clarifications. The Contractor may not change or modify the Town’s change order form in an attempt to reserve additional rights.

10. If the Town disagrees with the proposal submitted by Contractor, it will notify the Contractor and the Town will provide its opinion of the appropriate price and/or time extension. If the Contractor agrees with the Town, a C hange Order will be issued by the Town. If no agreement can be reached, the Town shall have the right to issue a unilateral C hange Order setting forth its determination of the reasonable additions or savings in costs and time attributable to the extra or deleted work. Such determination shall become final and binding if the Contractor fails to submit a claim in writing to the Town within fifteen (15) Days of the issuance of the unilateral C hange Order, disputing the terms of the unilateral Change Order, and providing such supporting documentation for its position as the Town may require.
25977.00100\34209346.1

Colma City CouncilMay 11, 2022

Colma City Council
May 11, 2022