Colma City Council
June 8, 2022

A
GENDA

REGULAR MEETING

CITY COUNCIL OF THE TOWN OF COLMA
Wednesday, June 8, 2022
7:00 PM
The City Council meeting will be conducted virtually pursuant to the provisions of Assembly Bill 361 amending the Ralph M. Brown Act and Government Code Section 54953(e) (and without compliance with section 54953(b)(3)) related to conducting public meetings during the COVID-19 pandemic based on the current State of Emergency and the existing State recommendations on social distancing. The Council Chambers will not be open to the public for this City Council meeting.

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

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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.

PLEDGE OF ALLEGIANCE AND ROLL CALL

ADOPTION OF AGENDA

PRESENTATIONS
• ALLICE A-List Presentation
• Peninsula Clean Energy Update
• Proclamation in Recognition of Juneteenth
• Proclamation in Recognition of Philippine Independence Day

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

CONSENT CALENDAR

1. Motion to Accept the Minutes from the May 25, 2022 Regular Meeting.

2. Motion to Approve Report of Checks Paid for May 2022. 3 . Motion to Reconfirm Findings and Determinations Under Resolution No. 2021-33 and Assembly Bill 361 for the Continuation of Virtual Meetings.

4. Motion to Adopt a Resolution Adopting a List of Projects for Fiscal Year 2022-23 Funded by SB 1: the Road Repair and Accountability Act of 2017.

5. Motion to Adopt a Resolution Calling and Giving Notice of the General Municipal Election to be Held on November 8, 2022, for the Election of Two City Council Members, Requesting the Board of Supervisors of San Mateo County to Consolidate Said Election With the Statewide General Election of Same
Date Pursuant to Elections Code Section 10403 and Related Matters.

PUBLIC HEARING

6. ADOPTION OF THE FY 2022-23 ANNUAL BUDGET
Consider: Motion to Resolution Appropriating Funds and Adopting the Annual Budget For Fiscal Year 2022-2023.

NEW BUSINESS

7. STREET RETAINING WALL IMPROVEMENT PROJECT – BID PACKAGE APPROVAL Consider: Motion to Approve the Bid Document Package, Authorize Staff to Advertise the Notice Inviting Bids for the F Street Retaining Wall Improvement Project, and Authorize the City Manager to Approve Changes to the Plan Documents as Needed or Required.

8. DRAFT HOUSING ELEMENT
Consider: Motion Directing the City Manager to Transmit the Draft Housing Element with Comments to the Department of Housing and Community Development for Review.

REPORTS
Mayor/City Council
City Manager

ADJOURNMENT

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

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

Minutes – Regular Meeting 05.25.22 Page 1 of 4

MINUTES

REGULAR MEETING
City Council of the Town of Colma
Meeting Held Remotely via Zoom.us
Wednesday, May 25, 2022
7:00 PM
PLEDGE OF ALLEGIANCE AND ROLL CAL – 7:00 PM
Mayor Helen Fisicaro called the meeting to order at 7:00 p.m. She stated, “Before we begin our meeting, I would like us all to observe a moment of silence to honor the memory of the 10 African Americans who were murdered in a Buffalo, NY grocery store last week and the 19 children and 2 heroic teachers who were murdered yesterday in Uvalde, TX. Let us take a moment to reflect on the monumental tragedies that these senseless deaths are for their families, their communities, and for our Nation.”
Council Present –Mayor Helen Fisicaro, Vice Mayor Raquel Gonzalez, Council Members Joanne F. del Rosario, John Irish Goodwin and Diana Colvin were all present.

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

The Mayor announced, “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 Council Member del Rosario and carried by the following vote:

Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
Helen Fisicaro, Mayor 
Raquel Gonzalez 
Joanne F. del Rosario 
John Irish Goodwin 
Diana Colvin 
5 0
Item #1
Minutes – Regular Meeting 05.25.22 Page 2 of 4

PRESENTATIONS
 Maureen O’Connor of the Colma Citizens Scholarship Committee presented the Scholarship winners:
o Hannah Balton
o Luis Humberto Ruan
o Tatiana Yamileth Pulido Gomez
o Sean A. Colina
o Miranda Mercedes Rodriguez
o Sarah Michelle Walsh
o Joseph A. Gotelli
o Courtney Lane-Holman
o Kalayaan Basto
o Aidan Figlietti

PUBLIC COMMENTS
Mayor Fisicaro opened the public comment period at 7:24 p.m. Residents Laura Walsh and Maureen O’Connor made comments. The Mayor closed the public comment period at 7:31 p.m.

CONSENT CALENDAR

1. Motion to Accept the Minutes from the May 11, 2022 Regular Meeting.

2. Motion to Adopt a Resolution Awarding and Authorizing the City Manager to Execute a Construction Contract for the 2022 F Street Pavement Rehabilitation Project to O' Grady Paving Inc. and Amend the 2021-22 Funding for the Annual Roadway Rehabilitation Project Budget (CIP #906) to be $172,000.

3. Motion to Adopt a Resolution to Request to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2022-2023 Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding.

4. Motion to Adopt a Resolution Supporting the Rideshare Voucher Program and Submitting an Application to the San Mateo County Transportation Authority for Measure A Alternative Congestion Relief and Measure W Transportation Demand Management Program Funding.

5. Motion to Adopt a Resolution Supporting the El Camino Real/Mission Road Intersection Improvement Project and Submitting an Application to the San Mateo County Transportation Authority for Measure A Alternative Congestion Relief and Measure W Transportation Demand Management Program Funding.

6. Motion to Contingently Approve The 4-Year “Item Phase In” Program for Collecting Annual Sewer Collection Charges, to Only be Implemented if the New Annual Sanitary Sewer Charges Are Adopted on June 22, 2022.

Action: Council Member Goodwin moved to approve the consent calendar items #1 through 6; the motion was seconded by Council Member del Rosario and carried by the following vote:

Minutes – Regular Meeting 05.25.22 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

NEW BUSINESS

7. FY 2022-23 WATER CONSERVATION INCENTIVE PROGRAM
Director of Public Works and Planning Brad Donohue presented the staff report. Mayor Fisicaro opened the public hearing at 7:41 p.m. and seeing no one request to speak, she closed the public hearing. Council discussion followed.

Action: Vice Mayor Gonzalez moved to Adopt a Resolution Establishing the Authorized Subsidy at $56,145.58 for the Water Conservation Incentive Program in Fiscal Year 2022-23; the motion was seconded by Council Member del Rosario and carried by the following vote:

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

8. FY 2022-23 BUDGET
Administrative Services Director Pak Lin and City Manager Brian Dossey presented the staff report. Mayor Fisicaro opened the public comment period at 8:01 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
The next Regular Meeting will be on Wednesday, June 8, 2022 at 7:00 p.m.

REPORTS
City Manager Brian Dossey gave an update on the following topics:
 There will be Closed Session on Monday, June 13, 2022 at 5:30 p.m.  Good news! The Town Wide Clean Up Day returned in person on Saturday, May 21, 2022.

Minutes – Regular Meeting 05.25.22 Page 4 of 4
 Officer Kim Trask has received a well deserved Lions Club Community Service Award.

Congrats Kim!
 The Philippine Flag Raising Ceremony will be held on Wednesday, June 8, 2022 at 4:00 p.m.

ADJOURNMENT
Mayor Fisicaro adjourned the meeting at 8:41 p.m.

Respectfully submitted,

Caitlin Corley
City Clerk
Item #2

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: June 8, 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 #3
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.

Staff Report - RMRA Project List and 2022-23 Budget Adjustment Page 1 of 3 [6/08/2022]

STAFF REPORT
T
O: Mayor and Members of the City Council
FROM: Brad Donohue, Director of Public Works, CSG Consultants Abdulkader Hashem, Project Manager, CSG Consultants
VIA: Brian Dossey, City Manager
MEETING DATE: June 08, 2022
SUBJECT: Road Maintenance and Rehabilitation Account (RMRA) Project List R

ECOMMENDATION
Staff recommends the City Council adopt:

RESOLUTION ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2022-23 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017

EXECUTIVE SUMMARY
Requirements have been imposed by the State as part of the State Gas Taxes that began collection on November 1, 2017. In order to receive an allocation of the Gas Tax revenue , a list of proposed projects to be funded with SB 1 funds must be adopted. For Fiscal Year 2022-23 the Town is projected to receive $36,737 revenue in gas tax revenue and is included in the proposed budget (See attachment “C”). Also, the Town is required to demonstrate that the revenue and expenditures are included in the Fiscal Year 2022-23 Annual Budget. The funds are proposed to be allocated to the maintenance of F Street from El Camino Real to the City Limit (Block 300) “F Street Resurfacing Project” to be constructed in Summer 2022.

F

ISCAL IMPACT
The adoption of the RMRA project list and accompanied resolution will increase the F Street Resurfacing Project budget from $ 150,000 to $186,737 and transfer the FY 202 2-23 SB1 allocation of $36,737 into the Street Capital Fund 32 to assist in the rehabilitation of the 300 block of F Street.

BACKGROUND
On April 28, 2017, the Governor Signed into law Senate Bill (SB) 1, which is known as the Road Repair and Accountability Act of 2017. SB1 legislation increased the per gallon fuel excise taxes ($0.12 per gallon), as well as increased diesel fuel sales taxes and vehicle registration fees. The use of SB1 funds - focus on using the new funds for basic road maintenance, rehabilitation, and Item #4
Staff Report - RMRA Project List and 2022-23 Budget Adjustment Page 2 of 3 [6/08/2022]
critical safety projects on both the State Highway and local streets and roads system. Jurisdictions and agencies that receive SB1 funding are required to report back to the California Transportation Commission CTC on how those funds are to be expensed or how they were expensed, this required reporting is done on an annual basis.

On November 1, 2017, the State Controller (Controller) began to deposit various portions of this new funding into the Road Maintenance and Rehabilitation Account (RMRA). Although the exact amount has not been determined by the Controller for Fiscal Year 2022-23, the Town of Colma’s RMRA apportionment will include an estimated $36,737 funds that will be expensed per SB 1 Accountability and Transparency Guidelines, adopted on March 21, 2018.

ANALYSIS
The Town of Colma must submit to the California Transportation Commission (CTC) a list of projects to be funded with RMRA funds. To simplify the reporting and administration of the RMRA funds, the proposed Project List consists of adding the RMRA funds to the F Street Resurfacing Project that will be constructed in the Summer of 2022.

No. Source of Fund

Amount
1 RMRA (SB 1) Fund FY 2021-22 $32,871
2 RMRA (SB 1) Fund FY 2022-23 $36,737*

TOTAL SB-1 Funds

$69,608
. * 2022-23 Projected RMRA apportionment

If approved by City Council, the adoption of the project list will appropriate $36,737 in SB1 to the F Street Resurfacing Project. If approved, Town Staff by way of a Resolution, will be required to provide the annual RMRA project list and expenditure reporting to the CTC.

ENVIRONMENTAL

The City Council’s adoption of the resolution is exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) p er CEQA Guideline 15378(b)(4) as a governmental fiscal activity. It is also exempt on an independent basis pursu ant to CEQA Guideline 15301 as an action providing funding for the maintenance of an existing street.

REASONS FOR THE RECOMMENDED ACTION
The recommended actions are a requirement of the State program implementing the tracking of expenditures for the Gas Tax increase adopted by the State Legislature. If the action is not taken prior to July 1, 2022 the Town could potentially lose or not receive the estimated RMRA Gas Tax Funds for Fiscal Year 2022-23.

Staff Report - RMRA Project List and 2022-23 Budget Adjustment Page 3 of 3 [6/08/2022]

COUNCIL ADOPTED VALUES
By approving the RMRA funds to be used for the F Street resurfacing Project exhibits a visionary approach to using the allocated funds to promote a safe roadway corridor for vehicles and bicyclists along F Street.

CONCLUSION
It is recommended that the City Council adopt a resolution approving R oad Maintenance and Rehabilitation Account (RMRA) Project List for Fiscal Year 2022-2023.

ATTACHMENTS

A. Resolution Adopting Road Maintenance and Rehabilitation Account (RMRA) Project List for Fiscal Year 2022-23
B. RMRA Project List for FY 2022-23
C. LSR Projected FY2022-23 Revenues - May 2022

Res. 2022-_____, FY 2022-23 SB 1 Project List Page 1 of 3 RESOLUTION NO. 2022-__

OF THE CITY COUNCIL OF THE TOWN OF COLMA
R
ESOLUTION ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2022-23 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 T
he City Council of the Town of Colma does hereby resolve as follows:

1. Background
(a) Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and (b) SB 1 includes accountability and transparency provisions that will ensure the residents of our Town are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and
(c) T he Town must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and (d) T he Town, will receive an estimated $ 36,737 in RMRA funding in Fiscal Year 2022-23 from SB 1; and
(e) T his is the sixth year in which the Town is receiving SB 1 funding and will enable the Town to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and (f) T he Town has undergone a robust public process to ensure public input into our community’s transportation priorities identifying roadway rehabilitation projects through the Town’s Capital Improvement Program; and
(g) T he Towns allotment of SB 1 funds will assist in the funding of the F Street Resurfacing Project: and
(h) T he scope of work for the project will improve the pavement road condition , which will increase the Pavement Condition Index (PCI) for the F Street, and enhance the vehicle safety for this section of the roadway, funding these enhancements are Gas Tax / RMRA eligible expenses; and
(i) The Fiscal Year 2022 -23, SB 1 allocation is estimated at $ 36,737, these proposed SB1 funds are to be designated for the “F Street Resurfacing Project”; and Attachment A
Res. 2022-_____, FY 2022-23 SB 1 Project List Page 2 of 3 (j) The SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure , and using cutting-edge technology, materials and practices, will have significant positive benefits to local and statewide communities.

2. Findings and Order
The City Council finds and orders that:
(a) The foregoing recitals are true and correct.
(b) The City Council hereby authorizes the transfer of FY 2022-23 SB 1 allocation of $36,737 into Street Capital Fund (32).
(c) The following projects may utilize fiscal year 2022 -23 Road Maintenance and Rehabilitation Account revenues in their delivery. With the relisting of these projects in the adopted fiscal year resolution, the Town is reaffirming to the public and the State our intent to fund these projects with Road Maintenance and Rehabilitation Account revenues:

RMRA 2022-23 Project List
Project Title: F Street Resurfacing Project
Project Description: Implementation of road rehabilitation for F Street from El Camino Real to the City Limit (Block 300) includes base repair, overlay and street striping and markings.

Location: F Street From El Camino Real to the City Limit (Block 300).

Scheduled Construction Completion: Summer of 2022
Estimated Useful Life: 20 Years.
//
//
//
//
//
Res. 2022-_____, FY 2022-23 SB 1 Project List Page 3 of 3 Certification of Adoption
I certify that the foregoing Resolution No. 2022-____ was duly adopted at a regular meeting of the City Council of the Town of Colma held on June 8, 2022, by the following vote:

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

Dated ______________________ ___________________________________ Helen Fisicaro, Mayor

Attest: ____________________________
Caitlin Corley, City Clerk

Submittal Report
LSR-C13-FY22/23-5264-001
FY 22/23
Submittal Details
Program
Local Streets and Roads Program
Agency
Town of Colma
Date Created
04/26/2022
Date Submitted Date Approved
Address
1198 El Camino Real
City
Colma
State
CA
Zip Code
94014
Contact
Brad Donohue
Contact Title
Public Works Director
Contact Phone
(650) 757-8888
Contact Email
[email protected]
Avg. Network PCI
77 Measurement Date
7/2019
Support Documentation
Adopted Resolution No. 2022-XX and Staff Report specifying the F Street Resurfacing Project for approving RMRA Project List for Fiscal Year 2022-23.

Additional Information
The Town's apportionment of RMRA fund will be allocated to the rehabilitation of F Street from El Camino Real to the City Limit (Block 300) to be constructed in FY 2022-23.

Project Details
Title Description Location Component
Priority
Status
Est. Schedule Useful Life
Assem SenateStart Complete Min Max
F Street
Resurfacing
Project
This project will include: Paving and/or Striping
Rehab/Repair (Existing Safety)
Town of Colma, F Street (Block
300) from El Camino Real to City
Limit
Construction Carried Over
22/23
07/2022 08/2022
10 20 19 11
Local Streets and Roads - Projected Revenues
2021-22 2022-23
Estimated May 2022 Hwy Users Tax Road Mntnc TOTAL Hwy Users Tax Road Mntnc TOTAL Account Rehab Acct Account Rehab Acct

SAN LUIS OBISPO COUNTY
ARROYO GRANDE 454,306 347,825 802,131 502,326 388,740 891,066 ATASCADERO 762,564 586,934 1,349,499 843,595 655,975 1,499,570 EL PASO DE ROBLES 799,362 615,664 1,415,026 884,359 688,084 1,572,443 GROVER BEACH 341,669 260,666 602,335 377,656 291,328 668,984 MORRO BAY 267,516 202,771 470,287 295,510 226,623 522,133 PISMO BEACH 212,563 160,648 373,210 234,741 179,545 414,286 SAN LUIS OBISPO 1,179,647 912,569 2,092,216 1,305,634 1,019,914 2,325,548 County of San Luis Obispo 9,477,591 8,172,657 17,650,248 10,580,267 8,994,229 19,574,496 Total Cities & County: San Luis Obispo 13,495,218 11,259,734 24,754,952 13,495,218 11,259,734 24,754,952

SAN MATEO COUNTY
ATHERTON 178,182 136,990 315,172 196,742 153,104 349,847 BELMONT 666,930 524,462 1,191,392 737,987 586,155 1,324,142 BRISBANE 119,303 90,726 210,029 131,595 101,398 232,993 BURLINGAME 748,134 589,371 1,337,506 827,986 658,699 1,486,685 COLMA 46,923 32,871 79,793 51,376 36,737 88,113

DALY CIT
Y 2,706,717 2,151,723 4,858,439 2,998,246 2,404,830 5,403,076 EAST PALO ALTO 763,106 601,339 1,364,445 844,579 672,074 1,516,653 FOSTER CITY 824,877 650,714 1,475,591 913,040 727,257 1,640,297 HALF MOON BAY 312,911 243,884 556,795 345,955 272,572 618,527 HILLSBOROUGH 290,156 225,695 515,852 320,735 252,244 572,979 MENLO PARK 874,031 690,004 1,564,035 967,517 771,169 1,738,686 MILLBRAE 567,746 445,981 1,013,727 628,170 498,442 1,126,612 PACIFICA 950,005 750,732 1,700,737 1,051,719 839,041 1,890,760 PORTOLA VALLEY 118,832 90,349 209,181 131,073 100,977 232,050 REDWOOD CITY 2,123,764 1,687,751 3,811,515 2,352,431 1,886,281 4,238,712 SAN BRUNO 1,124,659 890,338 2,014,997 1,245,288 995,068 2,240,356 SAN CARLOS 749,820 590,719 1,340,538 829,854 660,205 1,490,059 SAN MATEO 2,569,046 2,041,679 4,610,725 2,845,666 2,281,841 5,127,507 SOUTH SAN FRANCISCO 1,676,421 1,330,177 3,006,598 1,856,642 1,486,646 3,343,287 WOODSIDE 146,305 111,510 257,815 161,413 124,627 286,040 County of San Mateo 15,052,200 10,808,951 25,861,151 16,764,876 11,895,542 28,660,418 Total Cities & County: San Mateo 32,610,066 24,685,967 57,296,033 32,610,066 24,685,967 57,296,033 May 2022 CaliforniaCityFinance.com Page 16 of 21

Staff Report re November 8, 2022 Municipal Election Page 1 of 2

STAFF REPORT
TO: Mayor and Members of the City Council
FROM: Caitlin Corley, City Clerk
VIA: Brian Dossey, City Manager
MEETING DATE: June 8, 2022
SUBJECT: 2022 General Municipal Election

RECOMMENDATION
Staff recommends that the City Council Adopt:

RESOLUTION CALLING AND GIVING NOTICE OF THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2022, FOR THE ELECTION OF TWO CITY COUNCIL

MEMBERS, REQUESTING THE BOARD OF SUPERVISORS OF SAN MATEO COUNTY TO

CONSOLIDATE SAID ELECTION WITH THE STATEWIDE GENERAL ELECTION OF SAME DATE PURSUANT TO ELECTIONS CODE SECTION 10403 AND RELATED MATTERS

EXECUTIVE SUMMARY
The terms of two Council Members expire this year and these two offices are subject to election. The City Council must adopt a resolution calling for and giving notice of the General Municipal Election to be conducted to fill the two offices. The General Municipal Election can be consolidated with the Statewide General Election to be held on Tuesday November 8, 2022. The Town can also request the San Mateo County Election Division to render services for the purposes of this General Municipal Election.

FISCAL IMPACT
The FY 2022-23 Proposed Budget contains $12,000 for election activity.

BACKGROUND
The Town’s General Municipal Election is regularly held on the same day as the Statewide General Election in November of even-numbered years. Council Members are elected for four- year terms in staggered elections, and two positions are open for election this year.

ANALYSIS
The proposed resolution would:
1 . Call and give notice of the General Municipal Election to elect two Council Members; Item #5
Staff Report re November 8, 2022 Municipal Election Page 2 of 2

2. Authorize the City Manager to enter into an agreement with the San Mateo County Chief Elections Officer to render election services.

The Town is required to publish or post notice of the election, including the time of election and the city offices to be filled, once, between the dates of Monday, July 4, 2022 and Monday, July 18, 2022.

Council Adopted Values
The staff recommendation is consistent with the Council adopted values of:
 Vision: The calling of the General Municipal Election will continue to move the Town forward and ensure the Town has a five-member City Council to govern the Town.  Responsibility: By consolidating the General Municipal Election with the Statewide General Election, and requesting that San Mateo County provide services for the election, the Council is acting in a responsible manner to save and conserve Town resources.
 Honesty and Integrity: The adoption of the resolution will allow for the two offices to be filled pursuant to an honest elections process.

Sustainability Impact
The adoption of the resolution will consolidate the General Municipal Election with the Statewide General Election thereby saving Town money and resources. Further, requesting services from San Mateo County for the election will further reduce Town costs, staff time, and staff resources.

Alternatives
Staff is unable to identify an alternative to this recommendation because adopting the resolution is a requirement of the elections process.

CONCLUSION
Staff recommends the Council adopt a resolution calling for a General Municipal Election on Tuesday, November 8, 2022.

ATTACHMENTS
A. Resolution

Res 2022-xx, November 8, 2022 General Municipal Election Page 1 of 3 RESOLUTION NO. 2022 - ___

OF THE CITY COUNCIL OF THE TOWN OF COLMA
R

ESOLUTION CALLING AND GIVING NOTICE OF THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2022, FOR THE ELECTION OF TWO CITY

COUNCIL MEMBERS, REQUESTING THE BOARD OF SUPERVISORS OF SAN MATEO

COUNTY TO CONSOLIDATE SAID ELECTION WITH THE STATEWIDE GENERAL ELECTION OF SAME DATE PURSUANT TO ELECTIONS CODE SECTION 10403 AND

RELATED MATTERS
T
he City Council of the Town of Colma does hereby resolve as follows:

1. Background.
(a) Pursuant to Section 1.01.090 of the Colma Municipal Code, the General Municipal Election for the Town of Colma will be held on November 8, 2022. (b) The offices of two City Council Members will be subject to election. (c) It is desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date, and that within the Town the precincts, polling places, vote centers and election officers of the two elections be the same, and that the San Mateo County Elections Official canvass the returns of the General Municipal Election, and that the election be held in all respects as if there were only one election.

2. Order. The City Council of the Town of Colma does hereby order, determine, and declare as follows:
(a) The City Council, pursuant to its right and authority, does hereby call and order a General Municipal Election to be held in the Town of Colma, California, to be consolidated with the Statewide General Election, on Tuesday, November 8, 2022 for the purpose of electing two council members, each for the full term of four years.
(b) The ballots to be used at the election shall be in the form and content as required by law.
(c) The City Clerk is authorized, instructed and directed to coordinate with the San Mateo County Elections Official to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.
(d) That the precincts, ballot drop box locations and hours of operations, vote center locations and hours of operations, vote-by-mail procedures and timing, and election officers, and all other persons and procedures for the General Municipal Election shall be the same as those utilized by the County of San Mateo.
(e) In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections.

Attachment A
Res 2022-xx, November 8, 2022 General Municipal Election Page 2 of 3 (f) Notice of the time and place of holding the election is hereby given, and the City Clerk is authorized, instructed and directed to give such further or additional notice, in the time, form and manner required by law.
(g) In the event of a tie vote (if any two or more persons receive an equal and the highest number of votes for an office) as certified by the County of San Mateo Elections Official, the City Council, in accordance with Elections Code Section 15651(a), shall set a date, time and place and summon the candidates who have received the tie votes to appear and will determine the tie by lot.

3. Request for Consolidation
(a) Pursuant to the requirements of California Elections Code Section 10403, the City Council of the Town of Colma hereby requests the Board of Supervisors of the County of San Mateo to consent and agree to the consolidation of the Town of Colma General Municipal Election with the Statewide General election on Tuesday, November 8, 2022 for the purpose of electing two council members.
(b) The County Election Division is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. Pursuant to Elections Code Section 10418, the election will be held and conducted in compliance with the provisions of law regulating the Statewide General Election.
(c) The Board of Supervisors is requested to issue instructions to the County Election Division to take any and all steps necessary for the holding of the consolidated election. (d) The Town of Colma recognizes that additional costs may be incurred by the County by reason of this consolidation and agrees to reimburse the County in full for such costs upon presentation of a bill to the Town.

4. Instructions to City Clerk
The City Clerk is hereby directed to file a certified copy of this Resolution with the Board of Supervisors and the Elections Division of the County of San Mateo.

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Res 2022-xx, November 8, 2022 General Municipal Election Page 3 of 3 Certification of Adoption

I certify that the foregoing Resolution No. 2022 - ___ was duly adopted at a regular meeting of the City Council of the Town of Colma held on June 8, 2022, by the following vote:

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

Dated ______________________ ___________________________________ John Irish Goodwin, Mayor

Attest: ____________________________
Caitlin Corley, City Clerk

Staff Report re Adoption of the FY 2022-23 Annual Budget Page 1 of 7

STAFF REPORT
T
O: Mayor and Members of the City Council
FROM: Pak Lin, Administrative Services Director
VIA: Brian Dossey, City Manager
MEETING DATE: June 8, 2022
SUBJECT: Adoption of the FY 2022-23 Annual Budget

RECOMMENDATION
Staff recommends that the City Council adopt the following:

RESOLUTION APPROPRIATING FUNDS AND ADOPTING THE ANNUAL BUDGET FOR FISCAL YEAR 2022-2023

EXECUTIVE SUMMARY
The new Fiscal Year for the Town of Colma begins on July 1, 2022 . To conduct business, it is necessary for the City Council to authorize the expenditure of funds.

The attached FY 20 22-23 Proposed Budget includes a projection of $ 22.76 million in total revenues for all funds and a budget request of $24.72 million in total expenditures, which consists of $19.81 million in Operating Expenditures, $ 299,000 in annual Debt Service (Town Hall Certificate of Participation) and $4.60 million in Capital Improvement Projects (combine of Capital Program Funds and Internal Service Funds).

The General Fund revenue budget is $19.08 million and the expenditure budget is $18.48 million, generating a projected operating surplus of $0.60 million in FY 2022-23. General Fund supports sewer operation, debt payments, and capital programs through transfers totaling $1.95 million, with $299,000 to Debt Service (Fund 43), $261,000 to Sewer Fund (Fund 81), and $1.39 million to Capital Improvement Projects (Fund 31 & 32) . This brings the total General Fund deficit to $1.35 million.

The operating expenditure budget in other funds includes $988,000 for Sewer Operations (Fund 81); $121,000 for Creekside Villas and Verano Operations (Fund 83, City Properties); $191 ,000 for Parking Enforcement Operations (Fund 29); $6,000 for Youth Outreach and Crisis Intervention Training (Fund 27); and, $30,000 for streetlight and traffic signal maintenance (Fund 21).

The preliminary FY 2022-23 Budget was studied on April 13, 2022, the capital program on April 27, 2022, and the proposed FY 2022-23 operating and capital budget on May 25, 2022. Comments from the City Council meetings are incorporated in the document.

Item #6
Staff Report re Adoption of the FY 2022-23 Annual Budget Page 2 of 7

FISCAL IMPACT
The FY 20 22-23 Proposed Budget requests an appropriation of $24.72 million in Town -Wide Operating Expenditures, $299 ,000 in De bt Service, and $ 4.6 million in Capital Improvement Projects. The budget includes a total transfer out of $2.17 million, with:

• General Fund (Fund 11) transfers $298,000 to the debt service operation, $365,000 to the non-street capital program, $1.03 million to the street capital program, and $262,000 to sewer operations,
• Gas Tax & RMRA (Fund 21) transfers $80,000 to the street capital program, • Measure A (Fund 22) transfers $80,000 to the street capital program, and • Measure W (Fund 26) transfers $60,000 to the street capital program.

The FY 202 2-23 budget also includes the use of $1.35 million of General Fund Unassigned Reserves to support the FY 2022-23 Capital Program. Table 1 below summarizes the projected General Fund reserve balances for June 30, 2022.

BACKGROUND
The budget is an annual planning tool that communicates priorities and sets the Town’s operating and spending policy for the year. The City Manager is responsible for presenting a budget to the City Council, in accordance with Colma Administrative Code Section 4.01 Division 2. The financial objective of the budget is to ensure that there are sufficient funds to meet ongoing spending.

Special projects, where spending is generally one-time in nature, can utilize reserves.

Table 1
Reserves Summary
@ June 30, 2017 2018 2019 2020 2021 2022 2023
General Funds 21,547,836 24,456,213 25,182,278 23,833,432 27,395,328 25,678,708 24,331,589 Special Revenues Funds 289,671 370,584 717,755 880,801 588,827 499,755 405,836 Debt Services Fund 45 2,541 2,620 1,296 (807) 1,451 1,451 Capital Funds 15,309,508 8,015,221 3,000,857 3,617,099 2,426,273 2,226,041 1,433,243 Internal Service Funds 753,160 651,891 634,930 754,688 740,887 829,887 864,887 115 Trust Funds 1,706,997 2,813,567 5,164,562 6,540,968 7,643,752 10,689,559 11,940,259 Enterprise Funds - - 102,215 143,283 237,527 507,783 748,563 Total Reserves (All Fund) 39,607,216 36,310,016 34,805,216 35,771,567 39,031,788 40,433,184 39,725,829 General Fund Reserves
@ June 30, 2017 2018 2019 2020 2021 2022 2023
Committed Reserves (12)
Accrued Leave Payout 42,000 42,000 650,000 715,000 715,000 1,160,190 1,257,390 Budget Stabilization 13,627,000 14,900,000 12,000,000 12,000,000 12,000,000 15,000,000 15,000,000 Debt Reduction 618,000 600,000 600,000 600,000 600,000 600,000 600,000 Assigned Reserves (11)
Litigation 100,000 100,000 100,000 100,000 100,000 100,000 100,000 Insurance 100,000 100,000 100,000 100,000 100,000 100,000 100,000 Disaster 750,000 750,000 750,000 750,000 750,000 750,000 750,000 Unassigned (11, 19) 6,310,836 7,964,213 10,982,278 9,568,432 13,130,328 7,968,518 6,524,199 Total Reserves (All Fund) 21,547,836 24,456,213 25,182,278 23,833,432 27,395,328 25,678,708 24,331,589 Projected
Projected
Staff Report re Adoption of the FY 2022-23 Annual Budget Page 3 of 7

The preliminary budget presented at the April 13, 2022 City Council meeting is as follows:

The FY 2022-23 preliminary budget shows a negative change in fund balance of $1.63 million for all funds (or “Town-wide”) and $2.08 million in General Funds. The reduction in fund balance is primarily due to investment in the FY 2022-23 capital program.

At the April 27, 2022 City Council meeting, staff refined the FY 2022-23 capital program. Table 3 below shows the presented capital program by categories, and Table 4 below shows the funding summary.

3 Staff Report re Adoption of the FY 2022-23 Annual Budget Page 4 of 7

During the Capital Budget Study Session, the City Council directed staff to preserve the General Fund and to use $880,975 of the capital reserve.

Table 5 below represents the draft budget presented to the City Council on May 25, 2022.

Funding Plan
Total
Project Cost
2021/22
and Prior
2022/23
Budget
2023/24 to
2027/28
Projected
Future/
Unfunded
Capital Reserve (31) 836,085 836,085 0 0 0 City Facility (83) 55,000 55,000 0 0 0 Fleet Replcmnt (61) 1,249,000 164,000 220,000 865,000 0 Gas Tax & RMRA (21) 317,450 162,450 80,000 75,000 0 General Fund (11) 8,515,888 1,872,813 2,397,075 4,246,000 0 LEAP Grant (31) - Reimb 65,000 65,000 0 0 0 Measure A (22) 613,600 422,600 80,000 111,000 0 Measure M (35131) 320,032 320,032 0 0 0 Measure W (26) 153,950 31,950 60,000 62,000 0 Measure W Grant (32) 1,800,000 0 1,800,000 0 0 OBAG-LSR (35006) 100,000 100,000 0 0 0 OBAG-TLC (35005) 558,740 558,740 0 0 0 PLAN JPA (32) 10,000 10,000 0 0 0 REAP Grant (31) - Reimb 20,000 20,000 0 0 0 Safe Route to School (35007) 200,000 200,000 0 0 0 SB2 Grant (31) 93,000 93,000 0 0 0 SB2 Grant - pending reimbursement 67,000 67,000 0 0 0 TDA Art 3 Grant (32-35003) 95,000 0 95,000 0 0 Unknown Revenue Source 66,050,000 0 0 1,250,000 64,800,000 Total Funding 81,119,745 4,978,670 4,732,075 6,609,000 64,800,000 Table 4: Summary of Activities
Town-wide Financial
For FY 2022-23
Operating Activities
Revenues 19,082,055$ 353,976$ 1,978,177$ 255,000$ 1,088,159$ 22,757,367$ Expenditures 18,477,759 526,563 4,382,075 220,000 1,109,025 24,715,423 Operating Surplus / (Deficit) 604,296 (172,587) (2,403,898) 35,000 (20,866) (1,958,055) Net Transfers In/(Out)
Transfers to Capital Programs (1,391,100) (220,000) 1,611,100 - Transfers to Operating Programs (560,315) 297,569 - - 261,646 (1,100) Change in Fund Balance (1,347,119) (95,018) (792,798) 35,000 240,780 (1,959,155) TotalGeneral Funds
Special
Revenues &
Debt Funds
Capital
Funds
Vehicle
Replacement
Fund
Enterprise
Funds
Table 3 4
5:

Staff Report re Adoption of the FY 2022-23 Annual Budget Page 5 of 7

Changes between Table 2 and Table 5 above include:

In Operations In Capital
Total General Fund expenditures reduced
by $88,970 and the total Special Revenues
& Debt Funds reduced by $2,839. The
reductions were related to adjustments in
salaries, wages, and benefits. The changes
were in leave payout and taxes.

Total Capital Funds expenditure increased
by $21,150. Changes in the Capital program
will be discussed below.

Total Enterprise Funds revenues decreased
by $393,103. The changes were correcting
senior housing rent and adjusting the Sewer
Enterprise Fund revenues. At the
April 27, 2022 City Council meeting, staff was
directed that a portion of the sewer collection
charges will be subsided by the General Fund
in a phased-in approach. This reduced sewer
revenues and increased the amount to b e
transferred in. Other changes include
increases in the Town’s contribution to the
water incentive program.

Mission Road Landscape (908) . On May
11, 2022 the City Council approved an
increase to the project budget by $343,200
effective July 1, 2022. The project budget was
considered separately from the capital budget.

The project budget is included in the budget
document for transparency and completeness.

Mission Road Crosswalk (909) . The
budget request of $125,000 has been
removed from the capital program. Staff will
include the budget amendment with the
contract award.

Town-wide Bicycle & Pedestrian Master
Plan (910). The budget request of $95,000
was changed to $90,000. There was a typo to
the grant amount and project spending plan.

Capital Transfer was reduced by $859,825.

During the April 27, 2022 capital budget study
session, the C ity Council directed staff to
preserve the General Fund reserve and
drawdown on the Capital Reserve by
$880,975.

The final proposed budget for FY 2022-23, is the same as the budget presented on May 25, 2022.

Feedback on the budget presentation is incorporated in the budget attached (Attachment B).

ANALYSIS
Overall, the FY 2022-23 Budget includes a projection of $22.76 million in total revenues (all funds) and a budget request of $24.72 million in total appropriation (expenditure budget), which consists of $19.81 million in Operating Expenditures, $299,000 in Annual Debt Service (Town Hall COP) and $4.60 million in Capital Improvement Projects (combine of Capital Program Funds and Internal Service Funds).

The proposed FY 202 2-23 Operating and Capit al Budget (Attachment B) continues to be a conservative budget. The FY 202 2-23 Budget includes assumptions that revenues have been recovered and operations are at full capacity.

Transfers Summary
Staff Report re Adoption of the FY 2022-23 Annual Budget Page 6 of 7

As shown in Table 6 below, transfers out for all funds total $2.17 million with $1.95 million from the General Fund and $220,000 from special revenues funds.

GANN Limit
As part of the Budget exercise, the Town prepares the Appropriation Limit in accordance with State Law. The Limit is calculated by multiplying the adopted Limit from the previous year by factors reflecting economic changes. The laws regulating the application of the Limit forbid an agency from appropriating specific funds that would exceed the Limit. The restriction applies to appropriated monies categorized as " Proceeds of Taxes." The Limit carries forward each year and is subject to an adjustment in accordance with a specified formula.

The new 2022-23 Appropriations Limit is included in the budget document but will be part of the June 22, 2022 Regular City Council meeting for consideration and adoption.

Next Steps
Staff will begin working with CalPERS to make a one -time $1.0 million supplemental pension payments in FY 2022-23 to reduce the Town’s unfunded liabilities and to transfer $0.78 million PARS 115 Trust for pension obligations. The final supplemental pension payment amount will be presented to the City Council after a payment plan is established with CalPERS.

Additionally, staff will partner with GovInvest in assessing the health of the Town’s pension trust and liabilities, as well as the updating the Town’s unfunded liabilities strategy for FY 2023-24 and FY 2024-25.

Reasons For the Recommended Action/Findings
Adoption of a budget is required for operations to continue in FY 2022-23.

Council Adopted Values

Approval of the FY 2022-23 Annual Budget is the
responsible action because the City Council has
studied the budget in April and May and considered various budgetary options, including considering community input.

Alternatives

1. Adopt a reduced or modified FY 2022-23 budget appropriation.

Table 6
FY 2022-23 Budget General Special Debt General Street Sewer Transfers Summary Fund Revenues Services Capital Capital Operations Total General Fund (11, 12, 19) (1,951,415) 298,669 365,000 1,026,100 261,646 - Gas Tax & RMRA (21) (80,000) 80,000 -
Measure A (22) (80,000) 80,000 -
Measure W (26) (60,000) 60,000 -
Total Transfer by Fund
Categories (1,951,415) (220,000) 298,669 365,000 1,246,100 261,646 - Staff Report re Adoption of the FY 2022-23 Annual Budget Page 7 of 7

2. Adopt one month of the operating budget and conduct further study of the FY 2022-23 Budget. This action may result in operating and capital projects delay.

CONCLUSION
Staff recommends that the Council conduct a public hearing and adopt the attached resolut ion appropriating funds and adopting the 2022-23 Proposed Budget.

ATTACHMENTS
A. Resolution Appropriating Funds and Adopting the 2022-23 Proposed Budget B. FY 2022-23 Proposed Budget

Res 2022-##, Adoption of FY 2022-23 Annual Budget Page 1 of 5 RESOLUTION NO. 2022-##

OF THE CITY COUNCIL OF THE TOWN OF COLMA
R

ESOLUTION APPROPRIATING FUNDS AND ADOPTING THE ANNUAL BUDGET FOR FISCAL YEAR 2022-2023
The City Council of the Town of Colma does resolve as follows.

1. Background
(a) The City Manager’s budget message, the proposed budget, and all calculations and documentation upon which this resolution is based have been available to the public for more than fifteen days for review;
(b) The City Council conducted a study session and publi c meeting on the pr eliminary budget report on April 13, 20 22, the capital program on April 27, 202 2, and the complete FY 2022-23 Proposed Budget document was distributed and available on the Town website on May 25, 2022;
(c) The City Council conducted a study session in a public meeting on the complete FY 2022-23 Proposed Budget document on May 25, 2021;
(d) A public hearing was held on June 8, 2022 on the proposed budget; and (e) The City Council duly considered the proposed budget, the City Manager’s budget message, and public comments, if any, thereon.

2. Findings and Order.
(a) Budget Approval. The 2022-23 budget proposed by the City Manager, dated July 1, 2022, shall be, and hereby is, adopted as the budget for the Town of Colma for Fiscal Year 2022-23.
(b) Authorization for the use of reserves. Colma Administrative Code 4.01.180 (b) requires City Council approval for use of reserves above $50,000. The maximum amount of reserves needed for FY 2022-23 is $1.96 million to fund the FY 2022-23 capital program. (c) Summary of Appropriations. A summary (Exhibit A) is attached hereto and by reference made part of this Resolutio n, reflects the Fiscal Year 20 22-23 Budget (All Funds) for the Town of Colma.
(d) Clerical Adjustments. The City Manager shall be, and hereby is, authorized to adjust the budget pursuant t o the provisions of section 4.01.070 of the Colma Administrative Code to make such other adjustments necessary to correct any clerical or technical errors in the proposed budget, provided that the City Manager makes a written report of all corrections or adjustments to the City Council within the timelines provided for in the Colma Administrative Code.
(e)
Department Limitation. The City Council authorizes the e xpenditure of funds for the Attachment A
Res 2022-##, Adoption of FY 2022-23 Annual Budget Page 2 of 5 items specified in the budget, provided that the total expenditures for t he department shall not exceed the total budget by fund, for the department.
(f) Staffing. The number and classifications of employment positions shown in the proposed budget is hereby approved as the authorized staffing level for the Town. The City Manager and each department head may not expand the number of full -time equivalent employees beyond that shown as the authorized staffing level for the Town without specific approval of the City Council.
(g) Purchasing Ordinance. All expenditures for services , goods, or public works projects must comply with the Town’s P urchasing and Contracting O rdinance (Subchapter 1.06 of the Colma Municipal Code).
(h) Administration of Annual Budget. The City Manager shall be responsible to administer the Budget and financial re cords and the City Council authorization includes the following administrative actions as may be required during the year:
(i) Transfer budgeted amounts between line items, provided that the transfer is within the same fund, and within the same Department. (ii) Increase grant funded revenue and expenditure budgets. Changes may be administratively processed, when revenue estimates exceed the amount identified in the Budget due to increases in grant revenues, as verified by financial records. The adjustment will also account for increased expenditures in an amount not to exceed the amount of increased grant revenue. Increased appropriations shall continue to be documented in the financial records and conveyed to the City Council as part of the quarterly financial reports.
(iii) Make transfers among the various funds designated as “Transfers In / Transfers Out”. The FY 202 2-23 Budget document. All fund transfers shall be recorded in the financial records.
(iv) Administratively adjust the Fiscal Year 202 2-23 Operating Budget appropriations to account for the carryover of unspent 20 20-21 appropriations for contracts entered into before June 30, 20 22, where funds are encumbered. The City Manager shall use discretion in approving carryovers and all such adjustments shall be cle arly recorded in the Town financial records. These amendments shall be identified and included in the Fiscal Year 2021-22 quarterly financial report.
(v) Administratively adjust the Fiscal Year 202 2-23 Capital Project appropriations to account for the carryo ver of unspent appropriations from Fiscal Year 2021-22. All such adjustments shall be clearly recorded in the Town financial records and shall only be for projects that remain incomplete as of June 30, 2022.

Res 2022-##, Adoption of FY 2022-23 Annual Budget Page 3 of 5

3. Reserves
The City Council hereby declares the following classifications of reserves (Net Income):
(a) A Debt Reduction reserve shall be recorded in the General Fund in the amount of $600,000 as of June 30, 2023. This amount represents a minimum of two years of COP Debt Service. (Committed Fund Balance – Designated by City Council) (b) The Budget Stabilization Reserve as of June 30, 2023 is established at $1 5,000,000, being the amount sufficient to ensure continuity of operations in the event of a severe economic downturn, which amoun t is hereby determined to be 100% (rounded to the nearest $100,000) of the General Fund expenditures for the prior fiscal year. The exact amount of this reserve shall be determined based on the final audit and financial statements. (Committed Fund Balance – Designated by City Council)
(c) Accrued Leave Payout Reserve shall be recorded in the General Fund in the amount of $1,257,390 as of June 30, 2023. (Committed Fund Balance – Designated by City Council) (d) Assigned Fund Balances – General Fund: Assigned f und balance includes amounts intended to be used by the Town for specific purposes, subject to change. The City Council authorizes the City Manager to establish the following assignments in the General Fund:
(i) Litigation Reserve of $100,000, which may fu nd expenditures in the event of extraordinary legal expenses.
(ii) Insurance Reserve in the amount of $100,000, which may fund expenditures in the event of extraordinary insurance claims and related expenses. (iii) Disaster Response and Recovery in the amo unt of $750,000 which may fund expenditures in the event of a catastrophic event.
(e) Assigned Fund Balances – Capital Project Fund / Fleet Replacement Fund: All reserves in the Capital Project Fund and Fleet Replacement Fund shall be recorded as assigned for future projects. Changes in the assignment shall be subject to City Council action. (f) General Fund 2022-23 – Decrease Reserve: The proposed budget estimates $ 1,444,319 reduction in unassigned reserves.

4. Transfer to Unassigned Reserve
All General Fund net income on hand on June 30, 202 2, which is not designated for a specific reserve category shall be recorded in the Unassigned Reserve. //
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Res 2022-##, Adoption of FY 2022-23 Annual Budget Page 4 of 5 Certification of Adoption
I certify that t he foregoing Resolution No. 2022 -## was duly adopted at a regular meeting of the City Council of the Town of Colma held on June 8, 2022, by the following vote:

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

Dated ______________________ ___________________________________ Helen Fisicaro, Mayor

Attest: ____________________________
Caitlin Corley, City Clerk

Res 2022-##, Adoption of FY 2022-23 Annual Budget Page 5 of 5 “EXHIBIT A”: SUMMARY OF APPROPRIATIONS FY 2022-23

Town-wide Financial
Expenditures by Function
General Funds
(11, 12, 19)
Special
Revenues &
Debt Funds
(21, 22, 23, 24,
25, 26, 27, 29,
43)
Capital Funds
(31, 32)
Vehicle
Replacement
Fund
(61)
Enterprise
Funds
(81, 82, 83) Total
Revenues by Categories
Sales tax 13,081,000 0 0 0 0 13,081,000 Cardroom tax 4,200,000 0 0 0 0 4,200,000 Property and other taxes 788,190 0 0 0 0 788,190 Licenses and permits 308,106 0 0 0 0 308,106 Fines and forfeitures 86,000 0 0 0 0 86,000 Use of money and property 301,902 8,600 1,500 5,000 186,805 503,807 Revenues from other agencies 28,020 345,376 1,975,000 0 0 2,348,396 Charges for current services 115,637 0 0 0 901,354 1,016,991 Allocations 97,200 0 0 250,000 0 347,200 Other revenues 76,000 0 1,677 0 0 77,677 Total Revenues 19,082,055 353,976 1,978,177 255,000 1,088,159 22,757,367 Expenditures by Category
Salaries, Wages, & Benefits 11,939,625 193,135 0 0 0 12,132,760 Supplies & Services 2,145,334 4,759 0 0 121,025 2,271,119 Professional & Contract Services 4,099,300 33,000 237,200 0 988,000 5,357,500 Capital Outlay 43,500 0 4,144,875 220,000 0 4,408,375 ISF Allocation 250,000 0 0 0 0 250,000 Debt Proceeds 0 295,669 0 0 0 295,669 Total Expenditure by Category 18,477,759 526,563 4,382,075 220,000 1,109,025 24,715,423 Operating Surplus/ (Deficit) 604,296 (172,587) (2,403,898) 35,000 (20,866) (1,958,055) Other Activities
Transfers In 0 298,669 1,611,100 0 261,646 2,171,415 Transfers (Out) (1,951,415) (220,000) 0 0 0 (2,171,415) Net Transfers In/(Out) (1,951,415) 78,669 1,611,100 0 261,646 0 Fund Balance
Change in Fund Balance (1,347,119) (93,918) (792,798) 35,000 240,780 (1,958,055) Beginning Fund Balance @ 7/1/21 25,678,708 501,206 2,226,041 829,887 507,783 29,743,625 Ending Fund Balance 24,331,589 407,288 1,433,243 864,887 748,563 27,785,570 Trust Funds Balance
OPEB Trust (71) 8,879,424
Pension Trust (72) 3,060,835
Ending Fund Balance - All Funds 39,725,829

1 Attachment B

2 Preface

3 Table of Contents
The contents below are linked to the corresponding section of the document. Clicking on the section title or the page number will bring you directly to that section of the document.

Introductory
Preface 2
Budget Award (below) 4
Introduction 6
How to Use Navigate
Document 6
City Manager's Message 6
Budget-at-a Glance 7
Colma Profile 8
Colma Revenues Profile 10
Major Employers in Colma 11
Budget Overview 12
Budget Development 12
Basis of Budgeting 13
Economic Assumptions
for FY 2022-23 13
Town-wide Financial
Summary 14
General Fund 16
Inter-Fund Transfers 22
Projected Reserve Balance
for All Funds 22
Budget Detail
Department Budget 23
General Government 27
City Council (110) 34
City Attorney (130) 37
City Manager/City
Clerk (140) 40
Human Resources (141) 44
Finance (150) 48
General Services (151) 52
Debt Service (620) 56
Emergency
Response (19-600) 59
Public Safety 62
Administration (210) 69
Patrol (220) 72
Communication (230) 75
Community Services (240) 77
Public Works & Planning 81
Engineering &
Building (310) 91
Maintenance (320) 94
Planning (410) 98
Facility Operations (800s) 102
Recreation (510) 107
Capital Improvement Plan 115
Capital Overview 115
Streets, Sidewalks, &
Bikeways 120
Sewers & Storm Drains 138
City Facilities &
Long-Range Plans 141
Major Equipment,
Technology, & Vehicles 158
Supplementary
Financial Summaries 166
Historical Financial
Summaries & Forecast 166
Financial Summaries 170
Appendix 177
2022-23 Appropriation
Limit 177
Staffing 179
Description of Funds 180
Town's Financial Policies 182
Glossary of Terms 184
Resolutions for:

Budget Adoption 198
GANN Limit 198

4 Budget Award

The Government Finance Officers Association of the United Stat es and Canada (GFOA) presented a Distinguished Budget Presentation Award to the Town of Colma, California, for its annual budget for the fiscal period beginning July 1, 2021.

In order to receive this award, a government unit must publish a budget document that meets program criteria as a policy document, as an operations guide, as a financial plan, and as a communications device.

This award is valid for a period of one year only. We believe our current budget continues to conform to program requirements and we are submitting it to GFOA for award consideration.

5 Introduction 6
Introduction

Navigating Through the Digital Budget

City Manager's Message

Introduction 7
Budget -at -a Glance

Expenditures by Funds

GF 2016-17 2017-18 2018-19 2019-20 2020-21 2021-22 Actual Thru 2021-22 2022-23 2023-24 2024-25 2025-26 2026-27 2027-28 Expenditures by Funds Actual Actual Actual Actual Actual Budget April '22 Est. Actual Budget Projection Projection Projection Projection Projection General Fund 13,323,024 14,682,852 14,336,497 15,275,872 13,918,293 17,982,721 13,461,353 17,259,625 18,477,759 19,028,442 19,820,049 20,510,380 21,316,699 22,198,905 Capital Project Funds 3,717,895 8,252,413 5,888,225 1,066,644 2,982,172 1,067,434 198,475 1,027,434 4,382,075 4,874,000 720,000 50,000 50,000 50,000 Enterprise Funds - - 1,101,636 1,105,264 1,118,504 1,337,375 969,765 1,036,799 1,109,025 1,141,778 1,175,647 1,210,956 1,247,023 1,284,620 Debt Service Funds 299,069 295,069 301,669 297,218 297,719 297,569 88,134 297,569 298,669 294,619 294,219 294,319 294,969 295,281 Special Revenue Funds 170,044 300,745 211,139 210,002 221,416 220,128 205,224 217,387 227,894 227,944 234,315 240,876 247,682 254,671 Internal Service Funds 30,964 112,587 113,433 171,578 19,973 164,000 161,165 164,000 220,000 150,000 215,000 150,000 200,000 150,000 Total Expenditures (All Funds) 17,540,996 23,643,665 21,952,599 18,126,578 18,558,076 21,069,227 15,084,115 20,002,814 24,715,423 25,716,783 22,459,230 22,456,531 23,356,373 24,233,476

Introduction 8
Colma Profile
Colma History

More information about Colma’s history is available at the Colma Historical Association website at https://www.colmahistory.com/history.html
The link to the YouTube video is https://youtu.be/Lu1qSTikCQ4

Introduction 9
Map of Colma
Courtesy of Google Map
Colma is located 11 miles south of San Francisco and 47 miles north of San Jose.

Colma Census Data
Population Growth

Race and Ethnicity

Age Ranges

Household Income

Introduction 10
Colma Revenues Profile
The Town's primary sources of revenues are sales, cardroom, and property taxes. Cardroom tax is based on gross income.

Sales Tax R evenues
Where doe s my sale s t ax dollar go?

Sales Tax Trend

The tax rate for San Mateo County is 9. 375%.

The chart above shows that for every dollar of
the sales tax you pay, 11 cents go to the Town
of Colma.

The sales tax chart (above) shows actual
receipts. For FY 2021- 22, the Town received
$9.53 million in sales tax through April 2022. The
estimated act ual projected for FY 2021 -22 is
$12.70 million.
2021 Sales Tax Comparison
Town of Colma

HdL Client Database Statewide Totals

Introduction 11
Property Tax R evenues
Where does my property tax dollar go?

For every dollar of property tax you pay, the
Town gets 7 cents. This does not include special
bonds and other fees added to the property tax
roll.

Property Tax Trend

Major Employers in Colma
The data below are arranged in alphabetical order.
• Ashley Home Store (General Consumer
Goods)
• Best Buy (General Consumer Goods)
• Black Bear Diner (Restaurants and Hotels)
• Cadillac (Auto and Transportations)
• Car Max (Auto and Transportations)
• Cypress Lawn (Cemeteries)
• Home Depot (General Consumer Goods)
• Home Depot Pro (General Consumer
Goods)
• Honda of Serramonte (Auto and
Transportations)
• Kohl’s (General Consumer Goods)
• Lexus of Serramonte (Auto and
Transportations)
• Lucky Chances (Entertainment)
• Serramonte Ford (Auto and
Transportations)
• Stewart Chevrolet Chrysler Dodge Jeep
Ram (Auto and Transportations)
• Target (General Consumer Goods)
• Tesla (Auto and Transportations)
Major Industry Group
• Auto and Transportations (51)
• General Consumer Goods (77)
• Building and Construction (6)
• Restaurants and Hotels (28)
• Business and Industry (10)
• Food and Drugs (4)
• Cemeteries (16)
• Leisure/Entertainment (3)

Budget Overview 12
Budget Overview

The FY 2022-23 Budget includes a projection of $ 22.76 million in total r evenues for all funds and a budget request of $24.72 million in total expenditures, which consists of $19.81 million in Operating Expenditures, $299,000 in annual Debt Service (Town Hall Certificate of Participation) and $4.60 million in Capital Improvement Projects (combine of Capital Program Funds and Internal Service Funds).

Budget Development
The Budget Development Process begins in February with the mid-year financial update and budget review. Market and economic indicators, by mid- year, provide the foundation for the following fiscal year's budget. For FY 2022-23, the mid-year financial update was presented at the February 23, 2022 Regular City Council meeting. Each department received the budget instructions for the FY 2022-23 budget development with the following assumptions.
• Base Operation : The base operating budget assumes that the Town wi ll be in full operation on July 1, 2022. The budget should be consistent with historical data (4- year average) and economic trends (CPI). Personnel costs incorporate Council -approved COLAs and average benefit increases (5%).
• Program Assumptions : Programs above the base operation must align with the 2020-2022 Strategic Plan. The plan and the status update are available at https://www.colma.ca.gov/strategic-plan/
• Economic Assumptions: The budget account s for the operating impact of COVID and the War in Ukraine, including additional COVID sick leave and facility cleaning, reduction in investment income, and an increase in fuel, equipment, and construction cost s as a result of supply shortages.
• Other Guiding Documents: The Town of Colma has other guiding documents that impact the annual budget development, including the Colma Budget Procedures & Reserve Policies, Unfunded Liabilities Strategies, Sewer Fee Study, and Economic Development plans.

Budget Overview 13
The following chart shows the budget development timeline for FY 2022-23.

Basis of Budgeting
The budget numbers are developed based on a modified- accrued basis; where revenues are recorded when the amount is known and available, and the expenditures are recorded when the related liability is incurred. Although the Sewer Enterprise, City Facilities Enterprise, and the Fleet Replacement funds use the full accrual basis of accounting in the audited financial statements, for the purposes of the budget development, the modified accrued basis is used for all funds.

Economic Assumptions for FY 2022 -23
As a financial planning document, the Town of Colma considers global and local economic conditions in the development of the FY 2022-23 budget.

Globally, the Town of Colma operation continues to be impacted by COVID -19, inflation, and the War in Ukraine. With the COVID-19 Omicron surge, the State required all employers to provide an addi tional 80 hours of supplemental COVID sick leave which is in addition to the Town's accrued leave policy. The additional sick leave is an additional cost to the Town and sunsets in September 2022. Additionally, with each positive case, the Town is required by Cal/OSHA to conduct deep cleaning of the impacted facility.

The FY 2022-23 budget accounts for both the supplemental sick leave and the facility cleaning costs.

Inflation impacts the Town's revenues and expenditures. For revenues, the increase in the c ost of consumer goods equates to higher sales tax collected. The increase in sales tax revenues is temporary and will reduce once the market readjusts. On the expenditures side, the purchase of selected supplies and equipment will increase due to inflation. Additionally, due to the rise in inflation, the Federal Reserve

Budget Overview 14
has scheduled several rate increases to slow down the market. This will impact the Town's commercial development and interest earnings. The War in Ukraine further exacerbated the supply chai n shortages and the impact of inflation.

Locally, the Town of Colma has been dealing with the decline in brick and mortar and the rise in unfunded liabilities. With the convenience and availability of online sales, the Town saw an increase in vacant storefronts, pre -pandemic. Part of the Colma 2020- 2022 Strategic Plan is creating an economic development ad hoc committee chaired by the City Manager and facilitated by various economic development consultants. The plan to address vacant storefronts is under development.

As for unfunded liabilities, the City Council has approved and updated the unfunded liabilities strategy and the Town's reserve policy to fund 115 trusts for future pension and OPEB costs. The Town also made additional contributions to CalPERS to reduce the Town's unfunded pension liabilities. As of June 30, 2021 the Town has $22.19 million in net unfunded liabilities and $7 .64 million in its 115 trusts.
1 Budget Analysis
The budget assumes full operations and adds in contingency. A budget-to-budget analysis provides operational changes without needing to address vacancies and operational interruptions during the year. An estimated actual to budget comparison provides good economic indicators on how the current year's operation will perform and how that will impact the following budget year. For this reason, estimated actual to budget comparison is great for revenue analysis and budget to budget comparison is more informative when assessing operations.

Town -W ide Financial Summary for Fiscal Y ear
The FY 2022-23 Budget projects the Town will receive $22.7 6 million in revenues for all funds and will need $24.72 million for operation, debt, and capital improvements.

Revenues and Expenditures (All Funds)
The line chart shows the Town's revenues and expenditures since FY2016- 17. There are five instances where the orange line is above the green. These are the years the Town drew down on reserves. FY 2017-18 is when the Town entered the construction phase of the Town Hall Renovation, an $18.08 million project. The Town issued debt to finance $5.30 million of the total project cost. FY 2019-20 is the beginning of the COVID- 19 pandemic, where the Town experienced an immediate reduction in tax revenues due to the Shelter -in-Place Order and curfews. In FY 2020-21, the Town added $2.00 million to the reserves, largely due to additional sales tax as a result of the passage of AB147, as it's related to the collection of sales tax in online sales. In response to the COVID- 19 pandemic, the Town deferred m ost capital projects to retain reserves. As a result, the Town is projecting expenditures to exceed revenues in FY 2021- 22 and FY 2022- 23 to fund the capital program.

1 Unfunded liabilities are generally a year behind in valuation. The latest available valuation is as of June 30, 2021.

Budget Overview 15

Revenues & Expenditures Summary
R evenues by Categories for All Funds
Sales tax, cardroom tax, and revenues from other agencies represent 79% of total revenue s for all funds, or $18.07 million. Sales tax and cardroom tax revenues will be discussed further in the General Fund section, below. The $2.35 million in revenues from other agencies includes grant funding awarded for three of the Town's capital projects, the El Camino Real Bicycle and Pedestrian Improvement Project ($1.80 million), the Town -Wide Bicycle and Pedestrian Master Plan ($90,000), and Housing Element Update ($85,000). Annually, the Town also received $345,000 in grants for public safety services and roadway maintenance and improvements.

Budget Overview 16
Expenditures by Cat egories for All Funds
Salaries, wages, & benefits, professional & contractual services, and capital outlay are the three largest expenditure categories for FY 2022-23 and represent 89% of the total expenditures budget.

The $12.13 million in salaries, wages, & benefits include $6.61 million for salaries and wages for the 43.1 FTE, $2.30 million in pension contributions, $1.55 million payment towards OPEB liabilities, and $1.68 million towards active employee benefits. The $4.41 million in capital outlay is outlined in the FY 2022- 23 Capital Program section of the budget. The $ 5.36 million in professional & contractual services accounts for $988,000 in sewer operation, $941,000 in insurance, and the remaining $3.43 million in various contract services, such as planning, building & engineering services, legal and audit services, and routine repair and maintenance services.

Expenditures by Department for All Funds

General Fund Budget
For FY 2022-23, General Fund is projected to receive $19.08 million in revenues, spend $18.48 million in operations, and transfer $1.95 million to support capital, debt, and sewer programs. After transfers, General Fund will need $1.35 million of unassigned reserves.

Budget Overview 17
General Fund R evenues and Expenditures (No Transfers)

General Fund Revenues and Expenditures

The General Fund operating surplus for FY 2022- 23
is projected to be $604,000. It reflects the difference between the projected General Fund revenues of
$19.08 million and the General Fund expenditure s
budget of $18.48 million. Since the Town's General
Fund also supports capital, debt, and sewer
operations, the operating surplus of $604,000 does
not reflect the full picture.

As stated above, after accounting for General Fund
transfers, the net fund deficit is $1. 35 million for FY 2022-23. Transfers include $1. 39 million to the
Capital Program (31 & 32), $299,000 to Debt
Service (43), and $ 262,000 to Sewer Operations
(81).

GF 2016-17 2017-18 2018-19 2019-20 2020-21 2021-22 Actual Thru 2021-22 2022-23 2023-24 2024-25 2025-26 2026-27 2027-28 General Fund Actual Actual Actual Actual Actual Budget April '22 Est. Actual Budget Projection Projection Projection Projection Projection Revenues 18,125,608 18,745,552 18,394,614 15,638,109 17,882,386 17,531,264 13,681,790 18,370,806 19,082,055 19,354,521 19,567,136 19,782,947 20,002,004 20,224,353 Expenses (13,323,024) (14,682,852) (14,336,497) (15,275,872) (13,918,293) (17,982,721) (13,461,353) (17,259,625) (18,477,759) (19,028,442) (19,820,049) (20,510,380) (21,316,699) (22,198,905) Revenues Less Expenses 4,802,584 4,062,700 4,058,117 362,237 3,964,093 (451,457) 220,437 1,111,181 604,296 326,079 (252,913) (727,433) (1,314,696) (1,974,552)

Budget Overview 18
General Fund Revenues
Total tax revenues of $18.07 million represent 95% of the total general fund revenues budgeted for FY 2022-23.
• Sales tax: Per our discussions with HdL, the Town’s tax consultant, the Town will receive close to $13.00 million in sales tax revenues by June 30, 2022 and close to $13.50 million by June 30, 2023. Due to uncertainties surrounding inflation, supply shortages, the war in Ukraine, and the COVID-19 Omicron surge, the sales tax projection for FY 2021-22 and FY 2022-23 is less than the HdL’s projection at $12.70 million and $13.08 million, respectively. • Cardroom tax is the Town's second-largest general fund revenues source. Cardroom taxes have also been restored to pre-pandemic levels in FY 2021-22. While FY 2021-22 is projected to be a little over $4.00 million, the FY 2022 -23 budget of $ 4.21 million is the pre- pandemic budget for cardroom taxes.
• Property and other taxes is a relatively stable revenues source. Growth is limited to 2% per year, per Prop 13, but during an economic crisis, proper ty values may reduce per Prop 8 housing valuation relief. In general, property tax impacts are delayed by 2 years, whereas sales tax and cardroom tax revenues can be impacted immediately. The budget projects the Town will receive $788,000 in property and other taxes.

General Fund Revenues by Categori es Trend

Budget Overview 19

General Fund Tax R evenues Trend

Budget Overview 20
General Fund Expenditures
The FY 2022-23 General Fund budget is $18.48 million, an increase of $1.22 million from FY 2021-22 Estimated Actual and $0.53 million more than the FY 2021- 22 Budget. The $1.2 2 million increase from FY 2021-22 Estimated Actuals to FY 2022-23 Budget is attributed to salary savings from unfilled vacancies in Police and Recreation departments, deferred programs and projects as a res ult of COVID-19 operational interruptions, and unused contingencies in maintenance, facilities, and contract services.

When comparing the FY 2022- 23 Budget to FY 2021- 22 Budget , the increase in General Fund operation increased by 3%.

Budget Overview 21
Many of the budgeted programs are designed to align with the Town's 2020-2022 Strategic Plan, as shown below. The amounts are listed in total and the table was presented as part of the April 11, 2022 Regular City Council budget study session.

Strategic Plan Focus
Area FY 2022-23 Budget Programs
Resiliency
Ensure long term
Financial health,
Workforce
development,
Emergency
preparedness and
Climate adaptation
• Grant, advocacy and earmark consulting services ($ 72,000); • Self-sustaining sewer enterprise fund – Town’s sewer fee portion plus water incentive program ($48,840);
• Student Aide/Internship Program ($34,464);
• Online employee portal ($10,000);
• Employee wellness, training, and coaching ($40,000)
• COVID response ($72,000);
• Contribution to unfunded liabilities
• Pension ($499,944);
• OPEB ($1,545,456);
• Accrued Leave Payout ($109,061) ;
Operations
Increase Civic
engagement,
Transparency and use
of Technology
• Codification of Municipal Code ($27,500);
• Additional cell phones for police services ($14,700); • Police cameras annual subscriptions ($82,000) – body worn, in car, and license plate readers;
Economic Development
Create Placemaking &
Develop marketing
strategy
• Economic development program, including the use of consultants to help fill retail vacancies and commercial development ($55,000); Community
Build upon our
Community identity &
Maintain quality of life
• City Council donation increased by $10,000 ($100,000); • Town facilities improvements ($217,000);
• Recreation programs ($189,200, i.e. Holiday Events, Picnic, Concerts, Community Fair, Day Camp, Senior programs, etc.) Capital Program • The Town’s capital program is scheduled for the April 27, 2022 Regular City Council meeting for public review and discussion.

Budget Overview 22
Int e r-Fund Transfers Summary
The first transfer summary table below is the historical summary of transfers in and out of the General Funds. This includes Fund 11, 12, and 19. Fund 11 is the general fund operating fund. Fund 12 is where the Town records City Council committed reserves per t he Colma Administrative Code reserve policy.

Fund 19 houses all COVID-19 related activities.

The second table summarizes the FY 2022-23 inter-fund transfers for all Town funds. The numbers in the (brackets) represents transfers out and the numbers without a (bracket) are the transfers in.

Projected Reserve Bal ance
The tables below shows the reserve balance by fund categories.

Departmental 23
Departmental Budget

The Town's operation is made up of four main functions:

1. General Government,

2. Public Safety,

3. Public Works & Planning, and

4. Recreation.

Aside from Recreation, there are multiple departments/divisions within each of the functions above.

Organizational Chart
All five slides of the online version of the organizational chart are available below as separate images.

The link to the digital budget for this section is
https://stories.opengov.com/colmaca/published/IfsG8vhC8C

Departmental 24

Departmental 25

Departmental 26
Departmen tal Re lat ionship
The Town’s General Fund supports majority of the Town’s operations. Below shows the relationship of each department to the various Town funds, including the percent of support from each fund.

Departmental | General Government 27
General Government

General Government comprises of the following departments/divisions:
• City Council (110),
• City Attorney (130),
• City Manager & City Clerk (140),
• Human Resources (141),
• Finance (150),
• General Services (151),
• Debt Services (620), and
• Emergency Response (19-600).

All departments and divisions within the General Government function are fully supported by the General Fund (11), with the Debt Services (620) department housed under the Debt Service Fund (43) and are fully supported through annual transfers from the General Fund.

Revenues Summary
The General Government function is mainly supported by General Fund. The Town receives insurance reimbursements for workers' compensation, general liability, and property claims. The budget for insurance reimbursement is $50,000.

The negative $171,192 the Actual Thru April ’22 reflects grant funding the Town expects but has not received. In accordance with modified accrual basis of accounting, the Town recorded the revenue in FY 2021-22, which resulted in the negative revenue in FY 2022-23.

Departmental | General Government 28

Expenditures Summary

The t otal general government budget for FY
2022-23 is $5,168,232. The salaries, wages, &
benefits category represents 4 6% of the total
general government budget. It supports 7.8
FTEs. The professional & contractual
services category includes insurance- related
costs ($941,000) and debt payments
($296,000). Key changes in major general
government expenditures categories will be
discussed further in the respective departments.

The three largest departments/divisions within
the general government function include City
Manager/City Clerk at 33%, General Services at
28%, and Finance & HR at 18% of th e total
budget. More information is available in the
departmental budget narratives.

Departmental | General Government 29
Expenditures by Categori es

Expenditures by Fund

Departmental | General Government 30

Accomplishments
Strategic Plan:
• Improved communications with community through consistent messaging on Social Media Channels.

Operational:
• Updated 2020-22 Strategic Plan.
• Received a clean audit for FY 2020-21.
• Successfully recruited and hired HR Analyst.
• Received budget award for FY 2021-22 Budget from CSMFO and GFOA. • Welcomed several new businesses including Cadillac, Kia Serramonte, Apex Barber, and Centrix Builders.
• Restarted C.A.P.E. program.
• Updated and published Colma COVID Prevention Plan.
• Updated and published Return to Work Policy.

Performance Measurement:

The 2022-23 Goals in the images below reflects the annual average. All four slides of the General Government performance measures presentation are available below as separate images. The link to the digital budget for this section is
https://stories.opengov.com/colmaca/published/KPDlFOGv8b

Departmental | General Government 31

Departmental | General Government 32

COVID Response
• Exhausted ARPA funding and completed the annual reporting requirement. • Published the Colma COVID Prevention Plan on the Town's website, along with the latest Return to Work policies as directed by CDD, CDPH, and Cal/OSHA. • Coordinated with C.A.P.E.
• Moved Public Meetings to online platform Zoom.
• Provided PPE and established COVID-19 protocols for working within the office. • Updated online tools and resources for business continuity. • Updated a webpage on the Town's website for COVID-19 related updates and resources.

Departmental | General Government 33
Future Obj ecti ves
Strategic Plan:
• Research on new grant and earmark opportunities.
• Prepare for hybrid City Council meetings.
• Focus economic development activities on future land use, capital improvement programs, retail recruitment & retention, and events & communities. • Begin the Town’s financial system replacement project and the urban tree management program.
• Add credit card system at Town Hall and Police Station.

Operational:
• Implement City Council priorities as directed.
• Prepare 2023-2025 Strategic Plan.
• Implement a document codification system making Town codes and ordinances easier to search and update.
• Complete annual audit for the fiscal year ending June 30, 2022. • Digitize HR records.

Departmental | General Government | City Council 34
City Council

Department Descri ption
The City Council Department is part of the General Government Function, and its main funding source is the General Fund (11).

The City Council is the elected policy-making body for the Town of Colma. The City Council has four key roles – Legislative, Governing Body, Quasi-Judicial, and Representative. • Legislative - In its legislative role, the City Council makes laws, which may be in the form of an ordinance or a resolution. Some examples of legislative acts are an Ordinance Regulating the Uses of Land in the Town and an Ordinance Prohibiting Nuisances in the Town.
• Governing Body - In its governing body role, the Council sets policies for the Town’s key staff, much like a Board of Directors of a publicly -held corporation. The Council also sets goals and expectations of the City Manager and City Attorney and determines overall staffing levels for the Town. In the Council-Manager form of government, Council Members are not involved in managing the day-to-day operations of the City, leaving that role to the City Manager.
• Quasi-Judicial - The Council frequently sits as an adjudicatory body. At times, the Council is obligated to hear evidence and make an impartial decision. At others, the Council has some discretion on how to rule. An application for a use permit and a request to revoke a use permit are examples of the types of matters that come before the Council in its quasi- judicial role.
• Representative - Council Members frequently act as the Town’s representative before other public agencies. In these cases, the member’s authority goes only so far as the instructions given to him or her by the entire council. Members of the City Council represent the Town on various local, regional and statewide committees, boards and commissions, such as the San Mateo County Council of Cities.

General Government

Departmental | General Government | City Council 35
Staffing

The City Council is comprised of five mem bers
elected at large who serve four-year overlapping
terms. Each year, the Council selects a member
to act as Mayor.

Revenues Summary
City Council operation is entirely funded by General Fund revenues.

Expenditures Summary
FY 2022-23 Cit y Council Budget Di fference between FY 2022 -23 Budget and FY 2021-22 Estimated Actual

The t otal City Council budget for FY 2022- 23 is
$392,042. The City Council budget has two
expenditure s categories, salaries, wages, &
benefits and supplies & services . The salaries,
wages & benefits category represents 66% of the
total City Council budget.

The FY 2022-23 budget is $48,268 or 14% more than
FY 2021 -22 Estimated Actual. As shown above, the
largest change in the City Council budget when
compared to the FY 2021 -22 Estimated Actual is in
supplies & services , with an increase of $38,600.

The main reason for the increase is the restoration to
pre-pandemic budgetary numbers. Additionally, the
community donation budget increased from $90,000
to $100,000.

Departmental | General Government | City Council 36
Expenditures by Categori es

Expenditures by Funds

Departmental | General Government | City Attorney 37
City A ttorney

Department Descri ption
The City Attorney's Department is part of the General Government Function, and its main funding source is the General Fund (11).

The City Attorney:
• Provides legal advice to the City Council, City Manager and staff in identifying legal options and strategies for implementing and achieving the goals, policies and objectives of the City Council.
• Attends meetings of the City Council and other advisory committees, as needed. • Meets regularly with City Manager and staff to dis cuss proposed programs, policies and activities.
• Prepares or reviews all resolutions, ordinances for consideration by the City Council and all contracts for the Town.
• Monitors and disposes of pending claims involving potential tort liability. • Represents the Town in significant litigation matters involving the Town or manages the representation provided by outside counsel.
• Interprets the law for Council Members and staff and renders formal legal opinions. • Provides training to Council Members and staff on ethics, Brown Act and new laws. • Provides general legal advice and opinions to the City Council and staff regarding all relevant municipal law matters.

The City Attorney’s mission is to provide legal advice and support to the City Council and staff to aid them in carrying out their responsibilities.

Staffing
The Town contracts for City Attorney services through a retainer.

Revenues Summary
City Attorney operation is entirely funded by General Fund revenues.

General Government

Departmental | General Government | City Attorney 38
Expenditures Summary
FY 2022 -23 City Attorney Budget Di fference between FY 2022 -23 Budget and FY 2021-22 Estimated Actual

The total City Attorney's budget for FY 2022-23
is $316,500. The City Attorney’s budget consists
of one main category - the professional &
contractual services . The budget includes
general counsel through retention, contingency
for specialized legal services, and codification of
the Colma municipal and administrative code.

The FY 2022-23 budget is $46,077 or 17% more
than FY 2021-22 Estimated Actual. The increase
to the City Attorney's FY 2022- 23 Budget when
compared to FY 2021 -22 estimated actual is
primarily due to contingency restoration for
general and specialized legal counsel, as well as
the codification of the Colma municipal and
administrative code. The codification project has
been deferred to FY 2022-23.

Expenditures by Categori es

Departmental | General Government | City Attorney 39

Expenditures by Funds

Departmental | General Government | City Manager/City Clerk 40 City Manager/ City Clerk

Department Descri ption
The City Manager/City Clerk Department is part of the General Government Function, and its main funding source is the General Fund (11).

The Administration Division provides support to residents, members of the City Council and staff.

Division functions include front office reception and general administrative support; City Council agenda and packet preparation; Council meeting minutes; records management; and elections.

Staffing
Positions include the City Manager, the
Administrative Services Director, the City Clerk and
two Administrative Technicians. The City Manager
also serves as the City Treasurer.

The Administrative Services Director is the Town’s
ADA Coordinator responsible for administering ADA
requests for reasonable accommodation. Other
responsibilities include Risk Manager, chairing the
Safety Committee and ensuring the impl ementation
of risk management activities, and General Services
function.

Revenues Summary
City Manager/City Clerk operation is entirely funded by General Fund revenues.

General Government

Departmental | General Government | City Manager/City Clerk 41 Expenditures Summary
FY 2022-23 Cit y Manage r/ Cit y Cle rk
Budget
Di fference between FY 2022 -23 Budget
and FY 2021-22 Estimated Actual

The t otal City Manager/Cit y Clerk’s budget for FY
2022-23 is $1,712,750 . The salaries, wages, &
benefits category represents 84% of the total City
Manager/City Clerk department budget. It supports

5.25 FTEs in the department. This category includes
$325,000 contributions to reduce the Town’s pension
and OPEB unfunded liabilities.

The City Manager/City Clerk’s budget includes
$55,000 w ithin the professional & contract ual
services category towards economic development
and $72,000 for s eeking new funding sources. Both
programs are part of the Colma’s 2020- 2022
Strategic Plan.

The FY 2022 -23 budget is $158,647 or 10% more
than FY 2021- 22 Estimated Actual. The increase in
salaries, wages, & benefits of $107,980 is a result
of 3 key elements – COLA, benefit increase s, and
unfunded liability contributions. Increase in
professional & contractual services reflects the
changes to the economic development and new
funding sources programs, and the increase in
supplies & services are related to restoring pre-
pandemic programs.

Departmental | General Government | City Manager/City Clerk 42 Expenditures by Categori es

Departmental | General Government | City Manager/City Clerk 43 Expenditures by Funds

Departmental | General Government | Human Resources 44 Human Re source s

Department Descri ption
The Human Resources Department is part of the General Government Function, and its main funding source is the General Fund (11).

The Human Resources Division is responsible for personnel functions including policy development and compliance, recruitment and retention, compensation, and benefits administration. The Division’s budget contains program expenses for the annual employee r ecognition event, citywide training, safety committee activities and professional consulting services including labor negotiations.

Staffing
The Division contains the Management (HR) Analyst
and is also supported by the Administrative Services
Director position.

Between 2017 and 2020, the Town had a HR
manager. The FTE started from 47% to 80%. The
FY 2021-22 FTE includes one full time Management
(HR) Analyst and 0.15 FTE for a part -time student
aide.

Revenues Summary
The Human Resources operation is entirely funded by General Fund revenues.

General Government

Departmental | General Government | Human Resources 45 Expenditures Summary
FY 2022-23 Human Resources Budget Di fference between FY 2022 -23 Budget and FY 2021-22 Estimated Actual

The total Human Resources budget for FY 2022- 23 is
$326,130. The salaries, wages, & benefits category
represents 74%, which supports 1.15 FTE. This
category includes $26,700 contributions to reduce the
Town’s pension and OPEB unfunded liabilities.

The Human Res ources budget includes $40,000 for
employee wellness, employee training, and coaching
programs in supplies & services and professional &
contractual services . Each departments' budget
includes specialized training. The HR training budget is for trainings t hat are available for all Town employees, including trainings offered by the SMC Consortium and
Supervisory training offered by LCW.

The FY 2022- 23 budget is $42, 484 or 15% more than
the FY 2021- 22 Estimated Actual. Salaries, wages, &
benefits increased by $16,200 and is primarily due to
COLA, merit increase per salary schedule, and increase
in benefit costs.

The largest increase in the non-personnel budget is
related to $15,000 coaching budgeted in FY 2021- 22
and FY 2022-23 but was not used in FY 2021-22.

Departmental | General Government | Human Resources 46 Expenditures by Categori es

Departmental | General Government | Human Resources 47 Expenditures by Funds

Departmental | General Government | Finance 48
Finance

Department Descri ption
The Finance Department is part of the General Government Function, and its main funding source is the General Fund (11).

The Finance Division is responsible for paying the Town’s bills, maintaining and reconciling accounts, payroll, financial reporting, responding within one business day to vendor and employee inquiries and maintaining related records.

The Administrative Services Director is responsible for oversight of the Finance Division and also two non-departmental activities: General Services, which includes all insurance for the Town, utility bill payments and miscellaneous expenditures; and Debt Service for the 2015 Certificates of Participation Town Hall Renovation Project. Each of these activities has detailed budget pages.

Staffing
The Finance Divisi on is staffed by two Accounting
Technicians (1.8 FTE). The Division reports to the
Administrative Services Director.

Revenues Summary
The Finance operation is entirely funded by General Fund revenues.

General Government

Departmental | General Government | Finance 49
Expenditures Summary
FY 2022-23 Finance Budget Di fference between FY 2022 -23 Budget and FY 2021-22 Estimated Actual

The total Finance budget for FY 2022- 23 is $617,462.

The salaries, wages, & benefits category represents
62%, which supports 1.80 FTE. This category includes
$59,000 contributions to reduce the Town’s pension and
OPEB unfunded liabilities.

The Finance budget includes $75,000 for staff
augmentation in professional & contractual services
to prepare and manage the FY 2021-22 year -end
closing process and financial audit. The department
includes a $50,000 budget in FY 2019-20 and FY 2020-
21 for year -
end support. The budget was not used
during COVID-19 to reduce spending.

The FY 2022-23 budget is $129,466 or 27% more than
the FY 2021- 22 Estimated Actual. Salaries, wages, &
benefits increased by $24,510 and is primarily due to
COLA and increases in benefit costs.

The largest increase is in professional & contractual
services, which is related to staff augmentation. The
professional & contractual services includes a budget
for financial audit services, single audit preparation, and cardroom revenues audit.

Departmental | General Government | Finance 50
Expenditures by Categori es

Departmental | General Government | Finance 51
Expenditures by Funds

Departmental | General Government | General Services 52 General Services

Department Descri ption
The General Services Department is part of the General Government Function, and its main funding source is the General Fund (11).

The General Services budget includes expenditures shared by all departments, such as the telephone system, cellular telephones, utilities and insurance. This Activity also includes the cost of funding Town-wide communications support (basic cable television) for residents.

Staffing
The Administrative Services Director is responsible for General Services. This activity has no staff.

Revenues Summary
Operating expenditures in General Services is generally supported by non- departmental General Fund revenues. Annually, the Town is reimbursed for recovered Town property damage and workers comp claims filed and for risk mitigation. The risk mitigation grant is allocated through PLAN JPA and unused portions are rolled over to the following year.

General Government

Departmental | General Government | General Services 53 Expenditures Summary
FY 2022-23 General Servi ces Budget Di fference between FY 2022 -23 Budget and FY 2021-22 Estimated Actual

The t otal General Services budget for FY 2022- 23 is
$1,433,421. Expenditures and services that benefit all
departments, such as insurance and technology
support, or the community, such as basic cable
services, are recorded in the General Services
department.

Insurance Costs are the largest expenditures category
in the General Services budget. It is generally part of the professional & contractual services category. The
supplies and services budget of $263,921 includes
$110,000 in desktop and technology support, as well as
Office 365 subscription.

The FY 2022 -23 budget is $81,874 or 6% more than
the FY 2021-22 Estimated Actual. The largest change
is in insurance costs, as the property and general
insurance market in California shrink. The Town is
part of the PLAN JPA pool to share general and
property claim risks. In recent years, the pool show ed an insurance premium increase of 35% to 40% due
to that the market shrinkage.

Departmental | General Government | General Services 54 Expenditures by Categori es

Departmental | General Government | General Services 55 Expenditures by Funds

Departmental | General Government | Debt Services 56
Debt Services

Department Descri ption
In 2015, the Town of Colma issued a $5.30 million Certificates of Participation (COPs, a AA rating per S&P) to fund the Town Hall Campus Renovation. The financing documents require the City Council to appropriate the annual lease payments as part of the Operating Budget. The Debt Service Fund will receive a Transfer of resources from the General Fund to cover the expenses. The Financ e Division is responsible for the transfer of funds to the Trustee to make timely payments on principal and interest. The first installment is due in October and the second installment in April. As shown in the expenditure charts below, Actual thru April '22 is $88,134 because teh second installment has not been made as of end of April.

The total outstanding debt at June 30, 2022 is $4.55 million. The FY 2022-23 Budget includes debt service payments and administrative cost of $298,669.

The Town records Debt Service Activities in Fund 43, and the Debt Service Fund is part of the General Government Function. Annual debt payments are fully supported by the General Fund (11) through interfund transfers. While the debt margin table below shows that the Town may take on more debt, the Town has no intention in pursuing additional debt in the foreseeable future.

Legal Debt Margin
2018/19
Actual
2019/20
Actual
2020/21
Actual
2021/22
Estimated
2022/23
Budget
Total Actual Taxable Valuation 666,825,579 682,162,568 756,494,493 769,569,994 808,048,494

State Mandated Debt Limit (15%) 100,023,837 102,324,385 113,474,174 115,435,499 121,207,274 Budget Stabilization & Debt Reserve 12,600,000 12,600,000 12,600,000 15,600,000 15,600,000 Unreserved Debt Capacity 112,623,837 114,924,385 126,074,174 131,035,499 136,807,274

Outstanding COP 4,900,000 4,785,000 4,760,000 4,550,000 4,425,000 Proposed Debt Issuance: None 0 0 0 0 0
Total Debt Subject to Limit 4,900,000 4,785,000 4,760,000 4,550,000 4,425,000

Total Legal Debt Margin ^ 107,723,837 110,139,385 121,314,174 126,485,499 132,382,274

^ Total Legal Debt Margin represents total debt the Town may have based on California Government Cost 43605.

General Government

Departmental | General Government | Debt Services 57
Revenues Summary
The Debt Service Fund is fully supported by the General Fund through annual transfers.

Expenditures Summary
FY 2022-23 Debt Servi ces Budget Di fference between FY 2022 -23 Budget and FY 2021-22 Estimated Actual

The t otal Debt Services budget for FY 2022-23 is
$298,669. The main expenditure in this department is
debt payments . The department also includes debt
filing services required by the Certificate of Participation.

The FY 2022 -23 budget is $1,100 more than the FY
2021-22 Estimated Actual. The increase is related to
debt payments.

Expenditures by Categori es

Departmental | General Government | Debt Services 58

Expenditures by Funds

Departmental | General Government | Emergency Services (COVID -19) 59 E mergency R esponse

Department Descri ption
The Emergency Response Fund (19) was created in FY 2019-20 to track all personnel and operating spending in response to the COVID-19 pandemic. Fund 19 is part of the General Fund, and the revenues and expenditures are rolled into the General Fund group from an accounting standpoint.

Staffing
There is no staffing recorded for Emergency Response. All staff from all departments charges a portion of their time to this fund when it is related to the COVID-19 response. Activities include staff time in contact tracing, facilities cleaning above and beyond the normal level, and food delivery to at risk residents.

Revenues Summary
The Town recorded $406,200 in COVID grants with $50,000 in CARES Grant and $356,200 in the American Rescue Plan Act of 2021 funds. The Town is working with FEMA to receive reimbursements for COVID-19 response and projected the receipt of $180,000 in FY 2021- 22 Estimated Actual. No anticipated funding is expected in FY 2022- 23. Additionally, the Town received a one- time dental insurance relief as part of the COVID-19 relief package.

General Government

Departmental | General Government | Emergency Services (COVID -19) 60 Expenditures Summary
FY 2022-23 E mergency Servi ces Budget Di fference between FY 2022 -23 Budget and FY 2021-22 Estimated Actual

Total Emergency Services budget for FY 2022- 23 is
$71,258. For FY 2022-23, the Town anticipates $66,300
in personnel cost s to track California supplemental
COVID-19 sick leave and $5,000 in supplies &
services for needed PPE and take-home COVID tests.

The FY 2022 -23 budget is $84,852 less than the FY
2021-22 Estimated Actual. The change is related to
the cancellation of COVI D cleaning at the Colma
Police Station.

Expenditures by Categori es

Departmental | General Government | Emergency Services (COVID -19) 61

Expenditures by Funds

Department | Public Safety 62
Public Safety

The Public Safety Function consists of the following departments:
• Police Administration(210),
• Patrol (220),
• Communication/Dispatch (230), and
• Community Services (240).

The Department is primarily supported by the General Fund, with the exception of the Community Services Officer (CSO) position which is funded by a SLESF grant from the State of California.

Revenues Summary
The Police Department is projected to receive $301,020 in departmental revenues in FY 2022 -23.

Included in the $301,020 is $150,000 of annual Supplemental Law Enforcement Services (COPS Grant) and Multi-Agency Juvenile Justice growth funds. The COPS grant fund is recorded in Fund 29 and supports activities charged to Fund 29.

With a total department budget of $9. 21 million dollars, the department depends largel y on non- specified General Fund revenues.

Department | Public Safety 63

Expenditures Summary
FY 2022-23 Public Safety Budget by
Categori es
FY 2022-23 Public Safety budget by
Department

The t otal public safety budget for FY 2022- 23 is
$9,207,693. The salaries, wages, & benefits
category represents 90% of the total public safety
budget. It supports 25.9 FTEs, the Town's largest
staffed department. The department has 15.22 police
officers and sergeants, 2 detectives, 3.2
dispatch/communication, 1.48 comm unity services
officers, and 3 in administrative functions .

With 15.22 police officers and sergeants, Police
Patrol is the largest division within Public Safety.

More information is available in the departmental
budget narratives.

Department | Public Safety 64
Expenditures by Cat egorie s

Expenditures by Funds

Department | Public Safety 65

Accomplishments
St rat e gic Plan:
• The Police Department entered into contract with the company AXON to provide Body Worn Cameras, Car Cameras, Tasers and Evidence downloading and storage technology.

As of the early part of 2022 all portions of the project have been implemented. • The Police Department entered into contract with the company Flock to provide Automated License Plate Reader Cameras in the Town. The Town now operates four cameras, Holy Cross Cemetery has a lso purchased a camera. Cypress Lawn Cemetery and Stewart Chevrolet are in the process of purchasing cameras.

Operational:
• The conditions continue to be difficult under COVID 19 restrictions, however the Colma Police Department still made community engagement a top priority by participating in National Night Out, Coffee with a Cop, Drive by Birthdays, Elderly Food Distribution, Youth Super Bowl Party, Blood Drive, Veterans Christmas Eve Food and Gift distribution and movie nights and Trunk or Treat Event.
• Police Detectives Mendoza, and McKenna each received 10851 Pins for their efforts in vehicle theft recovery and arrests. Police Officer Kim Trask was Honored by the Lyons Club, receiving the Service Award.
• Officer Chris Grant was promoted to the Rank of Sergeant. New hires consisted of Executive Assistant Nikole Azzopardi, Officer Carlos Huayllapuma, Officer Brian Nagata, and CSO Anthony Thickstun.
• Per State Law, both the Racial Identity Profiling Act and California Incident Based Reporting systems were implemented.

Performance Measures:

The 2022-23 Goals in the images below reflects the annual average. All four slides of the Public Safety performance measures presentation are available below as separate images. The link to the digital budget for this section is:
https://stories.opengov.com/colmaca/published/BJMahPBEnH

Department | Public Safety 66

Department | Public Safety 67

Department | Public Safety 68
COVID Response
• The Colma Police Department worked with all agencies in the county to ensure the safest procedures possible. Colma Police Officers were faced with fulfilling their duties while wearing protective gear and social distancing.
• The Colma Police Department hosted a Youth Mask Give-A-Way event.

Future Obj ecti ves
St rat e gic Plan:
• Continuing our use of technology to provide better public safety through our strategic plan, we are seeking funds through the FY 22/23 budgets to purchase cellular phones to all police officers. The cellular phone service will allow police officer to access the AXON Mobile App.

This app will allow police officers to collect digital evidence such as pictures, videos, audio recordings etc. and have them automatically uploaded into the corresponding case.

Operational:
• We are currently working on the implementation of two new programs for the police department.

First is the implementation of a Colma Police Department Explorer Program, utilizing remaining grant funds from the Youth L.EY.P. Program. The second is a Colma Police Honor Guard to represent the department and Town at various events.

Department | Public Safety | Police Administration 69
Police Administration

Department Descri ption
Police Administration provides the planning, direction and oversight control of the Department.

Staffing
The staffing for this Division includes the Police
Chief, a Detective Sergeant, a Detective and an
Executive Assistant.

Revenues Summary
The Police Administration Division is primarily funded by the General Fund and does not have a specific revenues resource.

Public Safet y

Department | Public Safety | Police Administration 70
Expenditures Summary
FY 2022-23 Police Administ rat ion
Budget
Di fference between FY 2022 -23 Budget
and FY 2021-22 Estimated Actual

The total Police Administration budget for FY 2022-23 is $1,846,429. The salaries, wages, & benefits category
represents 79% and supports 4.0 FTE. This category
includes $462,000 of contributions to reduce the Town’s pension and OPEB unfunded liabilities.

The FY 2022 -23 budget is $ 201,309 or 12% more
than the FY 2021- 22 Estimated Actual. The largest
change is in supplies & services in the amount of
$118,000. The increase is attributed to the annual
maintenance and subscription cost s for the new
ALPR’s, body -worn cameras, and in- car cameras
installed as part of the F Y 2021-22 Capital Program .

The salaries, wages, & benefits category increased
by $ 62,000 and is primarily due to an increase in
pension contributions .

Expenditures by Categori es

Department | Public Safety | Police Administration 71

Expenditures by Funds

Department | Public Safety | Police Patrol 72
Police Pat rol

Department Descri ption
Police Patrol provides a front -line uniform response to calls for police services. Police Patrol addresses neighborhood quality-of-life issues and responds to all security -related service needs of the community, including threats to life and property, enforcement of traffic laws and investigation of crimes against persons and property.

Staffing
The Division’s personnel include a Police
Commander, four Police Sergeants and 11 Police
Officers. As staffing allows, one officer is assigned to a motorcycle on a part -time basis, and officers work
a variety of other ancillary assignments including
SWAT, San Mateo County Gang Task Force, Bicycle
Patrol and STEP (Saturation Traffic Enforcement
Program).

Revenues Summary
The Police Patrol Division is primarily funded by the General Fund and does not have a specific revenue resource. The Police Patrol Division's related grants are recorded in Federal/State/County Grants revenues accounts and these accounts are grouped and presented under Public Safety.

Public Safet y

Department | Public Safety | Police Patrol 73
Expenditures Summary
FY 2022-23 Police Pat rol Budget Di fference between FY 2022 -23 Budget and FY 2021-22 Estimated Actual

The t otal Police Patrol budget for FY 2022- 23 is
$5,914,996. The main expenditures in this department
are salaries, wages & benefits, representing 95% of
the total budget.

The department includes a $6,000 budget for the youth
grant program and crisis intervention training for all
Colma police officers.

The FY 2022- 23 budget is $49,709 or 1% less than
the FY 2021- 22 Estimated Actual. The main change
is in salaries, wages, & benefits and it’s due to a
reduction in unfunded pension liabilities
contributions. As CalPERS classic members retire
and PEPRA members are hired, the Town’s
unfunded liabilities will change.

Expenditures by Categori es

Department | Public Safety | Police Patrol 74

Expenditures by Funds

Department | Public Safety | Police Communications/Dispatch 75 Public Safet y
Police Communications

Department Descri ption
Police Communications handles the clerical and record-keeping duties of the Department and citizen- initiated calls for service, including 9-1-1.

Staffing
The positions in this Division are one Dispatch
Records Supervisor, three Dispatchers and Per
Diem Dispatchers (equivalent to 0.2 FTE).

Revenues Summary
The Police Communications Division is primarily funded by the General Fund and does not have a specific revenues resource. Dispatch center related grants are recorded in Federal/State/County Grants revenues accounts and these accounts are grouped and presented under Public Safety.

Department | Public Safety | Police Communications/Dispatch 76 Expenditures Summary
FY 2022-23 Police Communicat ions
Budget
Di fference between FY 2022 -23 Budget
and FY 2021-22 Estimated Actual

The t otal Police Communications/Dispatch budget for
FY 2022- 23 is $1 ,189,458. The salaries, wages, &
benefits represents 82% of the total budget and is the
largest category for this department. It supports 4.2 FTE and contributes $193,000 towards unfunded liabilities.

The FY 2022 -23 budget is $86,797 or 8% more than
the FY 2021- 22 Estimated Actual. The increase in
salaries, wages, & benefits in the amount of
$53,000 is a result of the increase due to COLA ’s,
pension liabilities contributions , and medical/ dental costs.

Expenditures by Categori es

Department | Public Safety | Police Communications/Dispatch 77

Expenditures by Funds

Department | Public Safety | Police CSO 78
Public Safet y
Police Community Services

Department Descri ption
The Police Community Services Division was referred to in previous budgets as Police Grants, which reflected the primary funding source since 2001- 02. The state grant fund is the Supplemental Law Enforcement Services Fund (SLESF), which is for front-line personnel services. This division funds a Community Service Officer (CSO) and specific training costs.

Staffing
The Division consists of 1.48 FTE Community
Services Officer (CSO).

Revenues Summary
Annually, the Town receives $150,000 from Supplemental Law Enforcement Services Funds (SLESF) and Multi- Agency Juvenile Justice growth fund. Per Government Cost Section 30062, monies allocated for SLESF is to be expended exclusively to provide front line law enforcement services. The Town classified parking enforcement as front-line law enforcement services.

Department | Public Safety | Police CSO 79
Expenditures Summary
FY 2022-23 Police Communit y Se rvice s
Budget
Di fference between FY 2022 -23 Budget
and FY 2021-22 Estimated Actual

The total Community Services budget for FY 2022-23 is
$256,809. The salaries, wages, & benefits category
represents 98% of the total department budget. It
includes $65,000 of contributions towards unfunded
liabilities.

The FY 2022 -23 budget is $15,372 or 6% more than
the FY 2021- 22 Estimated Actual and it’s mainly in
salaries, wages, & benefits . Th e increase is
primarily due to increases in unfunded liabilities
contributions.

Expenditures by Categori es

Department | Public Safety | Police CSO 80
Expenditures by Funds

Department | Public Works & Planning 81
Public W orks & Planning

The Public Works & Planning Department consists of the following Divisions:
• Engineering and Building (310),
• Public Works Maintenance – including Sewer operations (320), • Planning (410), and
• Facility Operations (800s).

Contract technical professionals and three Town employees provide Public Works and Planning services.

Department responsibilities include the development and implementation of the Town’s Five-Year Capital Improvement Program (CIP); administration and implementation of solid waste recycling and National Pollutant Discharge Elimination System (NPDES) regulations; administration of private land development and building permits; maintenance of all Town -owned facilities and infrastructure; current and advanced planning; and neighborhood and sustainability services.

The Department continues to address traffic and transportation issues; identify and develop future capital improvement projects; improve maintenance and land development services; address the needs of other Town departments as they relate to Public Works and Planning; administer local, state, and federal regulations; administer grants and applications; and maintain the overall operation of the Department.

Public W orks & Planning Revenues
The main revenue sources for Public Works & Planning operations is the General Fund. The department generates some revenues to offset certain expenditures, as indicated below. • Sewer charges (or fees) is one of the revenue sources generated by the Public Works & Planning operation - $927,000. Revenues received from sewer charges are recorded in a separate fund (Enterprise Fund) from the General Fund to pay for sewer conveyance and treatment costs charged by the North San Mateo County Sanitation Dist rict and the City of South San Francisco. Sewer maintenance and capital improvements are funded by the General Fund through annual transfers.
• The department also collects permit fees and service charges for planning, building, and engineering activities - $114,000. The various permits and application fees are based on the City Council approved 2019 Cost of Service Study. The collected charges offset up to 90% of the actual cost of providing such services.
• Grant funding, such as Gas Tax, Measure A, and Measure W ($195,000), are used for specific activities. A portion of Gas Tax supports streetlight and traffic light repairs, and the remaining funds are reserved for streets, sidewalk, and bikeway-related capital programs.

Department | Public Works & Planning 82

Department | Public Works & Planning 83
Expenditures Summary
FY 2022 -23 Public W orks & Planning
Budget by Categories
FY 2022-23 Public W orks & Planning
Budget by Department

The total Public Works & Planning budget for FY
2022-23 is $ 4,666,557. The professional &
contractual services category represents 63% of
the total budget and is the largest budget category.

Unlike other departments, the Town contracts out its
planning, engineering, and building functions.

The Maintenance department includes Sewer
Operations, a $988,000 operation budget. More
information is available in the departmental budget
narratives.

Department | Public Works & Planning 84
Expenditures by Categori es

Expenditures by Funds

Department | Public Works & Planning 85

Accomplishments
The following accomplishments are broken down by Division:

St rat e gic Plan:

Engineering and Building Division (310):
• Completed the El Camino Real Bicycle and Pedestrian Plan. • Completed the Mission Road Bicycle and Pedestrian Improvement Project • Plan development and bid documents for:
o The rehabilitation of the F Street Retaining Wall.
o Mission Road Landscape Project.
o 300 Block of F Street Road Rehabilitation.
o High Visibility Crosswalk on Mission Road.
• Grant applications and administration.
• Rate study for Sanitary Sewer Enterprise Fund.
• Applied for and granted $1.8 million for ECR Bike and Pedestrian project-Project Study Report (PSR).

Public Works Maintenance Division (320):
• Made various repairs to Historical Museum.

Planning Division (410) :
• Completed the General Plan Update and the associated Environmental Impact Report (EIR), approved, adopted by City Council and recorded with San Mateo County Recorder's office. • Started the process and public outreach as it relates to the Town's Housing Element Update. • Implemented policies from the Climate Action Plan.
• Worked with Town’s Franchise Waste Hauler and Businesses to comply with the SB 1383, Organic Waste Reduction Requirements.
• Participated in the next phases of El Camino Real Bicycle & Pedestrian Improvement Project. • Continued participation in regional meetings (County and Bicycle and Pedestrian Plan, Grand Boulevard Initiative, RICAPS, County Stormwater Committees, County Flood and Sea Level Rise District, Bay Area Planning Directors Association, 21 Elements Housing, etc.). • Applied for and received a grant for Master Bicycle and Pedestrian Master Plan.

Operational :

Engineering and Building Division (310):
• Continued work on the Municipal Regional Permit Green Infrastructure program. • Represented the Town at County and Regional meetings: Countywide NPDES meetings, C/CAG TAC, Colma Creek Flood Control Advisory and TAC meetings, San Mateo Sea

Department | Public Works & Planning 86
Level Rise committee and board meetings, Cal Building Official Association, CALBO, City and County Engineers and League of California Cities.
• Oversee repair of failed drainage line from CalTrans Right of Way. • Started negotiations with South San Francisco on sewer rates and charges. • Continued work with C/CAG and neighboring cities in developing the Smart Corridor Project in the North County.
• Worked with SFPUC and cemeteries on the potential of a reclaim water system. • Worked with property managers, developers, and contractors to open several new businesses, Target remodel, Cadillac Dealership, Tesla Dealership, and new businesses at 280 Metro Mall.

Public Works Maintenance Division (320):
• Inspection and upkeep of Sterling Park Playground Equipment. • Upgraded lighting at Sterling Park Recreation Facility. • Installed reflective borders on the signal head.
• Installed street signage, street striping and pavement markers. • Made minor repairs and Paint Train Depot.
• Installed flashing beacon for-pre warning for curve in roadway. • Repaired various retaining walls along roadway.
• Made drainage improvements at Police Facility.
• Responsible for the cleaning and recording of 275+ s torm drains throughout with in the right of way and facilities.
• Inspected commercial facilities regarding FOG compliance (Fats, Oil and Grease) along with stormwater compliance.
• Certified all Town-owned domestic and irrigation backflow devices. • Made minor facility repairs and maintenance & oversite of the landscape and janitorial contracts.
• Attended Integrated Pest Management Countywide meetings. • Conducted annual street sweeping activities, cleaning 660 miles of Colma roads. • Continued staff training.

Planning Division (410) :
• Continued work with San Mateo County on the Local Hazard Mitigation Plan update. • Continued to monitor legislation and propose ordinance amendments, if required. • Continued to participate in activities and meetings related to economic development. • Continued to represent Colma in regional meetings.
• Continued to process current planning development applications. • Continued work with property owners to resolve property maintenance issues. • Continued participation in the Auto Retailers and Cemetery outreach meetings.

Performance Measures:

The 2022-23 Goals in the images below reflects the annual average. All three slides of the Public Works & Planning performance measures presentation are available below as separate images.

The link to the digital budget for this section is
https://stories.opengov.com/colmaca/published/zaEjU_Rbel

Department | Public Works & Planning 87

Department | Public Works & Planning 88

COVID Response
Though an adjustment at the beginning, the Engineering, Planning and Building Divisions successfully shifted to remote operations as a result of the Covid- 19 shelter in place order. The Planning and Engineering Divisions were able to assist the public remotely by phone, email and virtual conferencing conducting administrative hearings, preconstruction meetings, bid openings, committee meetings and other. Planning and Permit applications along with plan reviews were taken in and processed electronically. Town staff from the Planning and Building Departments assisted various businesses with temporary use permits or plan reviews for their temporary outdoor structures. Many within our department were obligated to perform work that involved working within the Right of Way, facility operations, and project inspections. Obligations where one had to encounter the public, staff adhered to strict Covid- 19 best management practices to continue the duties that their department were obligated to perform. The Planning Division was also very active in sending out regular e- blasts and community memorandums to the business community offering information about financial assistance, loans, operating restrictions, along with a weekly (now every other month) update meetings with cemeteries.

Department | Public Works & Planning 89
Future Obj ecti ves
St rat e gic Plan:

Engineering and Building Division (310):
• Work with County Transit Authority and CalTrans on the ECR Bicycle and Pedestrian Improvement project, select and oversee consultant for the Project Study Report, (PSR). 90% of this project is funded through Measure W Grant.
• Complete the rehabilitation of the F Street Retaining wall. • Complete the Mission Road High Visibility Crosswalk.
• Start the 1st phase of the Storm Drain Assessment Project. • Complete the Mission Road Landscape project.
• Complete resurfacing of Town-owned facility parking lots. • Continue work on the formation of the Town’s Sanitary Sewer Enterprise Fund. • Continue work in establishing easements with the various property owners as it relates to Colma Creek.
• Resume the study of annexing Colma’s portion in the Colma Street Light District and the potential of creating the Town’s own Street Light & Landscape District.

Public Works Maintenance Division (320):
• Work with staff to establish RFP for HVAC maintenance Contract. • Institute new asset management program.

Planning Division (410) :
• Complete the Housing Element update.
• Update reach codes at the time of building code adoption. • Commence and complete Zoning Code update.
• Continue to participate in activities and meetings related to economic development. • Work with Cal Recycle and Town waste hauler regarding strategies for SB 1383, Organic Waste Reduction compliance and residential and business outreach as it relates to waste stream recycling.
• Further the Public Art CIP program.

Operational:

Engineering and Building Division (310):
• Continue negotiations with South San Francisco and NSMCSD on new sewer agreements. • Develop a cost recovery system for stormwater Business inspections. • Continue work with SFPUC, NCSMSD, Cal -water, and Cemeteries regarding a reclaim water system.
• Establish an equipment replacement fund.
• Represent Town at Local, County -wide, Regional and State required meetings and conferences.

Public Works Maintenance Division (320):
• Perform minor construction and painting as needed.
• Establish Monthly training programs to further develop maintenance staff. • Work with the Sustainability group to meet our Climate Action Plan and Goals.

Department | Public Works & Planning 90
• Continue work with the County Stormwater program and the SF Reginal Boards' goals of reducing trash in the Town’s waterways.
• Work with local businesses to be compliant with stormwater discharge adherence and their FOG Program.
• Work with staff on a request for proposal for tree maintenance services and tree safety program.
• Continue work on the Towns Sidewalk safety program.
• Establish a roadway striping and signage program.
• Join the Maintenance Superintendents Association.
• Continue to certify all Town-owned backflow devices.
• Monitor and manage minor encroachment work.
• Continue working with the County Integrated Pest Management (IPM) program.

Planning Divisio n ( 410) :
• Continue work with San Mateo County on the Local Hazard Mitigation Plan update. • Continue to process planning development applications. • Continue implementation of policies pertaining to the Climate Action Plan. • Continue to represent Colma in local & regional meetings. • Continue to monitor legislation and propose ordinance amendments, if required. • Monitor and review plans, development proposals, and environmental documents of surrounding communities and utility companies to assure that the interests of the Town are considered.
• Outreach with Businesses and residents regarding sustainability goals, alternative energy resources, and water conservation.
• Continue participation in the Auto Retailors and Cemetery outreach meetings. • Continue work regarding Town wide Code Enforcement.

Department | Public Works & Planning | Engineering & Building 91 Engineering & Building

Department Descri ption
The Division consists of the following functions: Public Works Administration, Engineering and Building. Contract professionals provide the staffing for the day -to-day duties; the five- year Capital Improvement Program (CIP); the County wide Storm Water NPDES permitting and maintenance program; annual sewer service maintenance and charges; solid waste, recycling and sustainability programs; sanitary sewer system maintenance and reporting requirements; right of way infrastructure, Geographical Information System (GIS) upkeep and other daily and annual service activities. The Division assists the Public Works Maintenance and Planning Divisions and the Town’s Police and Recreation Departments in their current and future infrastructure and facility needs. The Division provides comprehensive engineering, building inspection and CASp (Certified Access Specialist) inspection and consulting services; processes building, grading and encroachment permits; and provides plan review and inspection services for land development projects. These activiti es are partially supported by fees.

Staffing
Public Works Administration, Engineering and Building Division services are provided under contract with CSG Consultants. The Division coordinates with the Public Works Maintenance Division but does not oversee operations.

Revenues Summary
The Engineering and Building departments generate revenues from permit activities. The fees and charges collected offsets the services provided for encroachment review, inspection, and other development activities. The fees and charges assessed are based on the City Council approved cost of service fee study and has a target recovery of 90%. The total FY 2022 -23 Engineering & Building revenues budget is $240,794 and the expenditures budget is $938,500. The difference of $697,706 is supported by non-departmental General Fund revenues.

Public Works & Planning

Department | Public Works & Planning | Engineering & Building 92

Expenditures Summary
FY 2022-23 Engine e ring & Building
Budget
Di fference between FY 2022 -23 Budget
and FY 2021-22 Estimated Actual

The total Engineering & Building budget for FY 2022-23
is $938,500. The Town partners with a private company
to provide engineering and building services. When
comparing to the FY 2021 -22 Budget, the increase is
immaterial ($500).

The FY 2022 -23 budget is $3 0,000 or 3% more than
the FY 2021- 22 Estimated Actual. A m ajority of the
increase is in professional & contractual services,
and it is to reset the FY 2022- 23 Budget to be the
same as FY 2021- 22 Budget.

Department | Public Works & Planning | Engineering & Building 93 Expenditures by Categori es

Expenditures by Funds

Department | Public Works & Planning | Public Works Maintenance 94 Public Works Maintenance

Department Descri ption
The Public Works Maintenance/Sewer Divisi on is responsible for the upkeep and maintenance of public streets, sidewalks, traffic signals, streetlights , storm water systems and public facilities. The Division also manages roadway weed and litter control and graffiti abatement; participates in the National Pollutant Discharge Elimination System (NPDES) Storm Water Program; and are the first responders to sanitary sewer overflows. The Division also manages the landscape, facility janitorial and HVAC maintenance contracts.

Staffing
The Division is composed of one Maintenance
Supervisor and two Maintenance Technicians,
overseen by the City Manager.

Public Works & Planning

Department | Public Works & Planning | Public Works Maintenance 95 Revenues Summary
The FY 2021-22 Public Works Maintenance revenues budget is $1,105,897 with $901,354 in sewer operations (Fund 81) , $157,560 from State and County grant allocations, and $21,667 in General Fund (Fund 11) reimbursement. The sewer fees collected offsets the sanitary sewer operating cost of $988,000.

Department | Public Works & Planning | Public Works Maintenance 96 Expenditures Summary
FY 2022-23 PW Maintenance Budget Di fference between FY 2022 -23 Budget and FY 2021-22 Estimated Actual

The t otal Public Works Maintenance budget for FY
2022-23 is $2,385,562. The Sewer operations budget
is $988,000, or 41% and the salaries, wages, &
benefits budget is $756,117 or 32%. Professional &
contractual services is the third largest categories at $537,900 or 23% of total budget.

The FY 2022 -23 budget is $ 226,789 or 11% more
than the FY 2021- 22 Estimated Actual. The increase
of $82,080 in professional & contractual services
is due to the resetting of the FY 2021-22 Budget. Part of the budget includes contingencies for roadway and
public-right-of-way minor improvements. Sewer
operations increased by $68,126 and reflects the
Town’s projected increase for sewer treatment.

Salaries, wages, & benefits increase of $62,583 is
related to COLA ’s and benefit changes.

Expenditures by Categori es

Department | Public Works & Planning | Public Works Maintenance 97

Expenditures by Funds

Department | Public Works & Planning | Planning 98
Planning

Department Descri ption
The Planning Division is responsible for Advanced (long range) Planning, Current Planning (application processing), Climate Action, Economic Development and Neighborhood Services. The Planning staff, i n partnership with other Town staff, residents and the business community, implements the community vision for the physical development of Colma, as described in the General Plan. Specific activities include: preparing planning studies to update policies and regulations in light of changing laws and conditions to ensure Colma continues to be a desirable community in which to live, work, visit and recreate; coordination with or participation in County and regional planning efforts to represent Colma’s interests; reviewing development proposals to ensure high quality and compatible development; reviewing all building permits for compliance with zoning requirements; enforcing codes and promoting property maintenance; and providing public information about planning and development.

Staffing
The Town contracts with CSG Consultants for planning services – partially offset by fees. Professional contract staff, including the City Planner, an Assistant Planner, an Associate Planner, a Sustainability Manager, a Code Enforcement Officer and additional planning staff are available to assist the Town on an as-needed basis. Administrative support is provided by the Town’s Administrative Technician, who is under the supervision of the City Clerk.

Public Works & Planning

Department | Public Works & Planning | Planning 99
Revenues Summary
The FY 2021-22 Planning revenues budget is $51,920 and the operating budget is $451,000. Fees collected for planning activities are based on the 2018 cost of service fee study with a recovery target of 90%. Non permit related activities are supported by General Fund revenues.

Department | Public Works & Planning | Planning 100
Expenditures Summary
FY 2022-23 Planning Budget Di fference between FY 2022 -23 Budget and FY 2021-22 Estimated Actual

The t otal Planning budget for FY 2022- 23 is
$472,100. Similar to Engineering & Building, the
Town partners with a private company in providing
planning and sustainability services.

The FY 2022- 23 budget is $ 5,944 or 1% less
than the FY 2021- 22 Estimated Actual. The
budget for Code Amendments and Advanced
Planning services were reduced with the
recently adopted General Plan update, and the
Sustainability Services budget was increased
to address Senate Bill 1383 mandates.

Expenditures by Categori es

Department | Public Works & Planning | Planning 101
Expenditures by Funds

Department | Public Works & Planning | Facility Operations 102 Facility Operations

Department Descri ption
The Facility Operations Activity includes non- personnel operating expenses for all Town facilities, such as janitorial and landscape contract services for facilities, water, electricity, and pest control.

Staffing
The Public Works Maintenance Supervisor oversees facility maintenance operations, and the staffing cost is fully charged to Public Works Maintenance Division.

Revenues Summary
The FY 2021- 22 Facility Operations revenues budget is $257,207, with $180,300 from Creekside Villas and Verano. Creekside Villas and Verano rental incomes are recorded in Fund 83, City Properties fund - an Enterprise Fund and are used to offset facility operation costs in Fund 83.

Public Works & Planning

Department | Public Works & Planning | Facility Operations 103

Expenditures Summary
FY 2022-23 Facilit ies Operat ions
Budget
Di fference between FY 2022 -23 Budget
and FY 2021-22 Estimated Actual

The total Facility Operations budget for FY 2022- 23 is $870,395. The Recreation & Museum budget of
$325,435 includes facility maintenance and services at
Colma Community Center, Sterling Park, Colma
Museum, and Bark Park. The next largest function is
Police, at $204,260 which includes the Police Station
and the Gun range.

The FY 2022 -23 budget is $ 151,984 more than the
FY 2021 -22 Estimated Actual. The largest increase
for all facilities is interior and exterior maintenance at $85,000, where several projects were deferred from
FY 2021- 22 to FY 2022- 23, including a secondary
entry to dispatch and repair to the cupola at Sterling
Park.

The next largest increase is related to supplies and
services at $53,800 - $21,100 increase to account for
first aid, cleaning supplies, masks and other personal
protective equipment (PPE); and $32,700 increase in
services related to janitorial, landscaping, pest
control, security system s, and HVAC system upkeep.

Department | Public Works & Planning | Facility Operations 104 Expenditures by Facilit ie s

Department | Public Works & Planning | Facility Operations 105 Expenditures by Categori es

Department | Public Works & Planning | Facility Operations 106 Expenditures by Funds

Departmental | Recreation 107
R ecreation

The Recreation Services Department provides programs, activities and events for Colma residents of all age groups ranging from youths to seniors at two park facilities: Colma Historical Park & Community Center and Sterling Park. Program elements include: Fitness, Enrichment, Special Events, Cultural Events, Sporting Events, Trips and Community Events. It is the goal of the Recreation Services Department to offer a balanced program ensuring all elements are offered to all age groups throughout the fiscal year.

Recreation program fees are subsidized using a system that provides a greater discount for programs that serve the community versus programs that serve the individual. The policy -based system was approved by the City Council in 2011 and the Department has typically recovered 12% -14% of department costs, including the recreation facilities maintenance budgets. In FY 2020- 21, the Department is projected to recover 8% of department costs, including the recreation facilities maintenance budgets. The lower cost recovery rate is due to the Covid- 19 pandemic and reduced revenues.

The Department has experienced an increase in program participation every year beginni ng in FY 2012-13. The increase is attributed to more in- house activities and community-based programming, ensuring opportunities for all populations. In FY 2020- 21, staff had to alter traditional recreation programming and moved to an online and virtual pl atform with a few drive- through special events.

Traditional recreation program participation suffered but online and virtual program participation did much better than expected.

The 2017-2019 and 2020-2022 Strategic Plans call for the coordination and implementation of more community-based programming and additional recreation opportunities for the Teen population. Over the last few years, the Department has developed the following community-based programs and Teen activities: Halloween House Decorating Co ntest, Holiday House Decorating Contest, Super Bowl Party, Summer Concert Series, Friday Night Lights, Teen Center hours at Sterling Park, Teen L.E.Y.P program, Colma Community Fair and Bike Rodeo, Cinema at the Cemetery, Parol Lantern Workshop, Annual Holiday Tree Lighting, and Día De Los Muertos Festival. During the Covid-19 pandemic a lot of the above-mentioned programs were cancelled, and new online programming was developed.

Departmental | Recreation 108
Staffing

The staffing for this Department includes one
Recreation Manager, two Recreation Coordinators,

2.5 FTE in part-time Facility Attendants and 2 FTE
in part-time Recreation Leaders. In FY 2022-23 the
Recreation Manager and Recreation Coordinator
position were filled.

Revenues Summary
The FY 2021-22 Recreation revenues budget is $110,000. As shown in the table below, Recreation revenues from program charges and rentals are insufficient to fund the total Recreation Department operating expenditures of $1.02 million. General Fund revenues supports the remaining $932,000 of the operating expenditures.

Departmental | Recreation 109

Expenditures Summary
FY 2022-23 Recreation Budget Di fference between FY 2022 -23 Budget and FY 2021-22 Estimated Actual

The total Recreation budget for FY 2022- 23 is
$1,070,866. Salaries, wages, & benefits represents
66% and supplies & services represents 23% of the
total budget. Salaries, wages, & benefits supports 3
full time and 7.5 FTE of part -time staff. Supplies &
services also includes $189,200 in recreation
program expenses.

The FY 2022 -23 budget is $216,294 more than the
FY 2021-22 Estimated Actual. The largest increase is
in supplies & services where recreation programs
were budgeted in FY 2021 -22 but cancelled due to
COVID-19 restrictions. The FY 2022- 23 budget for
supplies & services is a reset to the FY 2021- 22
Budget, with the expectation that the Town will be
able to offer these community programs and activities
in FY 2022-23.

Departmental | Recreation 110
Expenditures by Categori es

Departmental | Recreation 111
Expenditures by Fund
The Recreation operating expenditures are part of the General Fund operation.

Accomplishments
St rat e gic Plans:
• Completed Age-Friendly City “Doorhanger Project,” and focused on recruiting additional Task Force Members and providing Age-Friendly initiatives to the community. • Hosted CAPE/CERT program and certified three new members. • Hosted modified, and COVID-19 safe Trunk or Treat for the community, Dia De Los Muertos Celebration, Holiday Events and Eggstravaganza.

Operational:
• Hosted multiple Blood Drives with the Red Cross, Stanford Blood Center and Vitalant. • Partnered with Second Harvest Foodbank of San Mateo County delivering food to populations in need.
• Partnered with Italian Cemetery to safely host Cinema at the Cemetery. • Provided take home Parol Lantern Kits.
• Safely hosted Summer Concert Series.
• Safely hosted a Veterans Day Celebration at Veterans Village.

Departmental | Recreation 112
Performance Measures:

The 2022- 23 Goals in the images below reflects the annual average. All three slides of the Recreation performance measures presentation are available below as separate images. The link to the digital budget for this section is:
https://stories.opengov.com/colmaca/published/lswWrumtls

Departmental | Recreation 113

Departmental | Recreation 114
COVID Response
Due to the Covid-19 pandemic and Shelter in Place Orders, the Recreation Services Department had to transition from providing in person services to a virtual, online, take home and drive thru recreation service provider. For a period of time picnic areas, outdoor workout equipment, and the basketball court were closed and the recreation facilities were closed for rentals since April 2020. Facility rentals for indoor, in-person gatherings started in the Fall of 2021; however, closed during the Omicron surge (December-February) and then re-opened in March 2022.

During FY 2021-22, the Recreation Services Department began offering an array of online programs and remote activities for the community, some of those programs were:
• Community online Bingo and Trivia,
• Remote Armchair Travel,
• Take Home Parents Night Out,
• Senior Breakfast Bingo,
• Delivered Senior Lunches,
• Take home Arts and Crafts & Dessert for Kids,
• Delivered craft kits to seniors,
• Ceramic Painting Kits for adults, and
• Delivered instructional painting kits for adults/seniors.

The Recreation Department also partnered with the Second Harvest Food Bank of San Mateo County delivering food to over 100 households once or twice a month throughout the year.

Future Obj ecti ves
For FY 2022-23, the Recreation Services Department will:

St rat e gic Plans:
• Continue working on Age Friendly Cities initiatives.
• Coordinate the annual Town Picnic and Adult Holiday Event, if permitted. • Continue to develop and offer more community based and teen programming including, • Cinema in the Cemetery Movie Series;
• Dia De Los Muertos festival in collaboration with a local cemetery; • Multicultural Craft Day; and
• Working with local shopping centers promoting economic development.

Operational:
• Attempt to provide the same service level (offer the same number of programs and meet participation levels) as FY 2019-20.
• Partner with the Colma Historical Association to create a scavenger hunt for the community. • COVID-19 permitting, fully open recreation facilities for facility rentals and indoor programming; and
• Offer modified in-person Day Camp, Afterschool programs and adult/senior programs.

Capital Improvement Plan Summary 115
Capit al Improveme nt Plan

The Capital Improvement Plan (CIP) is a project management and financial planning document . It provides a brief project scope, description, and funding & spending plans for major maintenance, improvements, and rehabilitations of Town properties, long- range planning documents, and equipment and technology purchases in excess of $10,000 for the next five years . The document shows the Town’s capital priorities for the year, as well as future obligations and needs.

The FY 2022- 23 CIP includes capital plans t hrough FY 2027- 28. The five-year CIP program costs $81.00 million – with $16.20 million funded or planned to be funded in the next five years and $64.80 million pending funding opportunities.

Capital Program Overview
CI P Proj ect Categori es
The projects listed in the FY 2022- 23 through FY 2027-28 CIP program is organized into four major categories, as listed below. The images below are linked to the corresponding sections of the capital program.

Capital Improvement Plan Summary 116
Category 1
Streets, Sidewalks & Bikeways

Category 2
Sewer & Storm Drain

Category 3
City Facilities & Long-Range Plan

Category 4
Major Equipment, Technology, & Fleet

Project Status
Within each of the four categories listed above, the projects are grouped by statuses. The statuses are Active, Closed, Future, or Unfunded.
• Active - existing or new CIP projects that have available funding and activities (spending) in FY 2022-23. These projects may have future and unfunded portion. • Closed - CIP projects that have been completed or have been closed out. These projects will only appear in future CIP budgets if they have project expenditures during the prior three years. • Future - CIP projects that are programmed for FY 2023 -24 through FY 202 7-28. Project budget and funding are identified but are not earmarked. • Unfunded - CIP projects that are Town priorities but are currently without budgeted funds.

Unfunded projects will be reviewed annually during the Town Budget process to see if funds are available for construction and if the proposed projects are ready to move from the Unfunded to the Budgeted projects list.

More information about the project status can be found in the project description.

Capital Improvement Plan Summary 117
FY 2021-22 Capital Improvement Program Overview
The FY 2021- 22 Capital program has 15 projects with a total project budget of $4.94 million since project inception. From inception to April 30, 2022, the Town has spent $4.09 million of the total project budget. This leaves an unspent balance of $854,000, and part of the unspent balance will be carried over to FY 2022-23.

During the year, the Town closed Mission Road and Pedestrian Improvement Project (903) and Creekside Villa Repair & Painting (952) and added Mission Road Crosswalk (909) and Mission Road Landscape (908) projects. In March 2022, the Town completed General Plan Update (991) proj ect, which will be presented to the City Council for project closure and fund release after the FY 2021-22 year-end process is completed.

Of the 15 projects, there are six that has not begun as of April 2022, but the Town plans to begin these projects in May or June of 2022. Projects in the streets, sewer/storm drain, and facilities categories are often weather dependent and would start in the summer/fall months. More information are available in the project description section of the capital budget.

Capital Improvement Plan Summary 118
FY 2022-23 Capit al Improve ment Plan Highlight
The FY 2022- 23 Capital program includes 17 active projects, 16 future/unfunded projects, and 4 projects that are closed will be closed by June 30, 2022. Of the 37 total projects, the following six projects are newly added.

1. Town-Wide Bicycle & Pedestrian Master Plan (910) - $105,000;

2. Public Arts Program (980) - $15,000;

3. Urban Tree Master Plan & Program (998) - $300,000 ($100,000 in FY 2022-23);

4. EV Charging Station at Town Facilities - $300,000;

5. Solar Panel Installation at Colma Community Center - $300,000; and

6. Phone System Upgrade (982) - $250,000.

Ongoing projects includes:

1. Annual Roadway Rehabilitation and Preventative Maintenance (906) - $292,900;

2. Equipment Purchase and Replacement (984) - $150,000;

3. IT Infrastructure Upgrades (986) - $50,000; and

4. Vehicle Replacement (987) - $164,000.

There are three projects that was part of the FY 2021- 22 budget with a status of Future/Unfunded that will begin in FY 2022-23:

1. El Camino Real Bicycle and Pedestrian Improvement (923) - $2,000,000 (with a Future unfunded project cost of $29.1 million);

2. Storm Drain Assessment (972) - $70,000 (with future funded project cost of $140,000); and

3. Town-Wide Branding (959) - $100,000 (with a future funded project cost of $100,000).

Project Funding and Spending Plan for FY 202 2-23 through FY 202 7-28 The Funding Plan table below summarizes the revenues sources that the Town plans to use to support the capital program. The funding identification process includes apply grant and special fundings first to the capital project, then special contributions, and finally the General Fund or the Capital Reserve Fund.

The Capital Program bar chart below summarizes the projects by categories. The corresponding table is below the bar chart. To get to the table, use the scroll bar on the right of the bar chart. At first glance, the table shows the total program by fiscal year and by categories. The project list is also available in the table by clicking on the triangles on the left of the categories.

Capital Improvement Plan Summary 119

Capital | Streets, Sidewalks, & Bikeways 120
Streets, Sidewalks, & Bikeways

Annual Roadway Rehabil i tation and Preventative Maintenance ( 906) Project Scope
The Annual Roadway Rehabilitation and Preventative Maintenance Program includes minor repairs, such as crack sealing, and major rehabilitation, such as slurry seal and mill and fill. The goal of the program is to maintain the Town’s Pavement Condition Index (PCI) at 80 or above; the current PCI has been rated at 79. The multi-year project budget includes design, construction management, and construction costs. The Engineering Department has identified the following locations for the current program cycle:
• 300 Block of F Street (FY 2021-22)
• Hillside Boulevard (FY 2022-23)
• Colma Boulevard and 400 Block of Serramonte Boulevard (FY 2023-24) • Collins Avenue and Junipero Serra Boulevard (FY 2024-25) The total project cost for the locations identified above is $917,900.

Status as of June 30, 2022
The 300 Block of F Street Road Rehabilitation project is scheduled to begin in the Spring of 2022 and be completed in the Summer of 2022. A portion of the project will be completed in FY 2022-23.

Active Projects
Capital Improvement Plan

Capital | Streets, Sidewalks, & Bikeways 121
Schedule for FY 2022 -23 and Thereafter
Staff will start assembling plans and specifications for the Hillside Boulevard surface treatment project.

The project is anticipated to go into construction either before the winter months of 2022/2023 or early spring of 2023. Colma Boulevard and 400 Block of Serramonte Boulevard surface treatments are scheduled for FY 2023-24, and Collins Avenue and Junipero Serra Boulevard surface treatments in FY 2024-25.

Impact on Operation
An effective roadway maintenance program includes minor repairs as part of the operating budget and major rehabilitation as part of the Annual Roadway Rehabilitation and Preventative Program. By rehabilitating the roadway whe n needed, the Town is able to maintain the annual roadway repairs operating budget of $95,900.

Project Funding and Spending Plan
The Annual Roadway Rehabilitation project is an eligible project to utilize the State and County allocated Gas Tax and SB -1 RMRA (21), Measure A (22), Measure W (26), and Measure M grant funding.

Capital | Streets, Sidewalks, & Bikeways 122
E l Camino Real Bi cycl e and Pedestri an Improvement ( 923) Construction Phase Scheduled for future (unknown)
Estimated Project Cost for Construction Phase: $29.1 million (Future Unfunded) Project Scope
The project includes a re- design of El Camino Real (ECR). It incorporates a lane reduction in each direction so that Class 4 bike lanes can be designated on the Northbound and Southbound directions.

The project also includes continuous compliant sidewalks, additional bicycle and pedestrian safety features, new traffic signals, landscaping, reconfiguration of the Mission Road (“the Y”) intersection, and bioretention storm drain infrastructure along ECR. The project presents a vision for residents and visitors to travel safely, comfortably, and with ease.

Status as of June 30, 2022
The El Camino Real Bicycle and Pedestrian Master Plan was completed in FY 2021-22. For the next phase of this project, the Town applied for and was granted a $1.8 million grant, with a required 10% local match to fund the Project Study Report (PSR). The PSR is a project initiation document that provides key opportunities for CalTrans and other regional and local agencies to achieve a consensus on the project purpose and need, the project scope, and the proposed project schedule. This PSR phase of work is programmed to take approximately 18 months.

Schedule for FY 2022 -23 and Thereafter
Once the PSR is completed, staf f will seek funding to move into the Project Approval and Environmental Document phase of the project.

Impact on Operation
There will be an increase in landscaping maintenance and irrigation costs. The proposed improvements and beautification enhancements will not only beautify one of the main thoroughfares, but it will also provide safe access for those who choose to walk or bike in the area.

Project Funding and Spending Plan
Currently, staff is working with the County and CalTrans on future funding opport unities. Staff understands that this project will need financial assistance from outside agencies if it is to be built out.

Capital | Streets, Sidewalks, & Bikeways 123

F-Street Retaining Wall ( 902)
Project Scope
In 2019, the Engineering Department surveyed the retaining wall on F Street. The survey determined that the deterioration of the F-Street wall is likely due to poor drainage. The first phase of the project is design, specifications, plans, and construction estimates. The second phase includes soliciting bids for construction and construction management services.

Status as of June 30, 2022
The project plans and specifications have been completed. Town staff has solicited bids from qualified contractors and the project buildout has started.

Schedule for FY 2022 -23 and Thereafter
The project should be completed by late summer or early fall of 2022.

Impact on Operation
The proposed improvements will decrease maintenance on and around the wall. Regular monitoring and maintenance of the drainage system will be needed and part of the annual operating budget.

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Project Funding and Spending Plan

L awndale L andscape and Median ( 956)
Scheduled for FY 2023 -24
Projected Cost: $1.53 million ($130k for design; $1.4 million construction) Project Scope
The median landscape and back of sidewalk on Lawndale Boulevard are in need of rehabilitation. As a result of the severe drought conditions in recent years, the State of California has levied irrigation restrictions that prevent cities from irrigating the street medians with turf. The Town’s turf medians on Lawndale Boulevard will need a significant landscape design makeover to replace the 3/4 quarter mile of turf with sustainable and drought -resistant plantings. The project also includes landscaping along the backside of the sidewalk along the northside of Lawndale Boulevard. This landscape area will be addressed in the following phases.
• Phase 1 is the conceptual review and preliminary approvals for the landscaping and public use and enhancement on Lawndale Boulevard - completed in FY 2019-20. • Phase 2 will provide “Shovel Ready” project plans, specifications, and estimates (PS&E) and prepare a bid package - tentatively scheduled for FY 2023-24. • Phase 3 is the construction phase, which includes awarding the contract, building and inspection services, and construction - future unfunded $1.53 million.

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The study will also focus on green infrastructure possibilities, stormwater enhancements, and recreational features. Grant opportunities may be available for Phase 3 of this project.

Status as of June 30, 2022
CIP 956 was identified as the Lawndale and El Camino Real Median Landscape Project. The El Camino Real portion of this capital project has been removed and is now part of the El Camino Real Bicycle and Pedestrian Improvement Project, (CIP 923). The Lawndale Median Project was suspended due to COVID-19.

Schedule for FY 2022 -23 and Thereafter
The plans, specifications, and estimates are scheduled FY 2023-24, the buildout is also scheduled to take place in FY 2023-24 and be completed in FY 2024-25.

Impact on Operation
The rehabilitation of the landscape median along Lawndale Boulevard with drought resistant vegetation will increase the aesthetic beauty of the roadway. The rehabilitation of the landscaping will provide a more pleasurable experience when walking, biking, and vehicle travel along Lawndale Boulevard. Once plant establishment takes place, monthly maintenance and irrigation will be at a minimum due to the drought resistant plant pallet.

Project Funding and Spending Plan

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Mission Road Crosswalk ( 909)
Project Scope
Design and construct a high visibility crosswalk on Mission Road at the back entrance to the Treasure Island mobile home park. The high visibility crosswalk will be delineated with pre- emptive signage, viable pavement markings and pedestrian activated solar powered Rectangular Rapid Flashing Beacons (RRFB’s). Part of the design portion of the project is to design speed humps for the roadway.

This will be introduced into the bid documents as a bid alternative.

Status as of June 30, 2022
The project will go before the City Council in May of 2022. The Construction drawing phase will include plans that will be ready to go to bid, specifications that will detail out the specifics of the project, and an engineer’s estimate for the work and any other associated costs such as contingencies and construction management. At the time of award, an amendment to the project budget for the construction and management phase will presented to the City Council for reconsideration.

Schedule for FY 2022 -23 and Thereafter
After contract approval in June of 2022, the street project is anticipated to start construction in early to mid-July.

Impact on O perat ion
Once installed, annual cost to maintain is nominal. Street markings is anticipated to be completed every 3 to 5 years.

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Project Funding and Spending Plan

Mission Road L andscaping ( 908)
Project Scope
After completion of the Mission Road Bicycle and Pedestrian Improvement Project in FY 2020-21, a second phase of the project was added to landscape the open area between Holy Cross’s Historic Rock Wall and the back of sidewalk that fronts Holy Cross Cemetery on Mission Road. The landscape design will be to emphasize drought resistance low maintenance plants and s hrubs. The tree pallet will be a species of trees that thrive in Colma’s microclimate along with providing color to enhance the roadway frontage and shade for those who walk through th e Mission Road Residential and Business District. The landscape area will have rest stops that will be constructed to meet accessibility requirements, park benches, trash receptacles, and a dog mitt station.

Status as of June 30, 2022
Project approval is going to City Council in May of 2022. City Council approved budget amendment for the construction and management phase of the project on the May 11, 2022 Regular City Council meeting. The $343,200 budget amendment will be added on July 1, 2022.

Schedule for FY 2022-23 and Thereafter
The project is scheduled to start in late summer and be completed in late fall of 2022.

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Impact on Operation
The plant pallet will be low maintenance and drought resistance, after the plants, shrubs and trees reach some level a maturity annual cost should come down substantially. Irrigation is being supplied by Holy Cross Cemetery. The improvements will enhance walking and biking for those who live and work in the Mission Road Neighborhood.

Project Funding and Spending Plan

Town -Wi de Bicycl e and Pedestri an Master Pl an ( 910) Project Scope
Colma was awarded funding through the Transportation Development Act Article 3 (TDA3) Pedestrian and Bicycle Program for a Bicycle and Pedestrian Master Plan. The Colma Bicycle and Pedestrian Master Plan will envision a safer, more connected active transportation system in the Town of Colma.

This project will build on the El Camino Real Bike and Pedestrian Plan, the Serramonte Collins Master Plan, the Hillside Boulevard complete streets improv ement project, the Mission Road improvement project, and Systemic Safety Analysis Report (SSAR) performed by the Town of Colma.

Status as of June 30, 2022
Grant was awarded in April and r equest for proposals have been drafted. The project will be processed in FY 2022-23 and will carry over to FY2023-24.

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Schedule for FY 2022 -23 and Thereafter
Estimated schedule:
• September 2022: Contract approval
• October 2022: Project kickoff
• January/February 2023: Study session with City Council • April 2023: Finalize draft plan
• May 2023: Bring plan to Council for environmental clearance and plan adoption Impact on Operation
The Town-Wide Bicycle and Pedestrian Master Plan will primarily be completed by a transportation planning consulting company, so the impacts on operations will be minimal. There will be some impact to staff time with respect to hiring and orienting the sub- consultant, reviewing the consultant’s work, and bringing the plan to council for a study session and adoption.

Project Fund ing and Spending Plan

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Projects Funding & Spending Schedule for FY 2023 -24 through FY 2027 -28

Colma Boulevard Improvement ( 912)
Scheduled for future (unknown)
Estimated Project Cost: $1.5 million (Future Unfunded)
Project Scope
Improvements to be considered include accessibility enhancements, mobility improvements, safety features, landscape improvements, roadway improvements (potential lane reduction), street light upgrades, and bike lanes. Colma Boulevard Improvements have been studied in the Town’s Roadway Network Plan (SSAR) - Project No. 993. The result of the SSAR study pursues funding options to help offset costs with the associated upgrades. Project phases would include development of a master plan, PS&E, and construction costs.

Status as of June 30, 2022
None. Pending availability of future funding.

Future Projects

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Schedule for FY 2022 -23 and Thereafter
Pending availability of funds.

Impact on Operation
Minor increase in streetlight electrical cost, improvements for bicyclists that use Colma Boulevard for travel.

El Camino Re al and Mission Road Traffic Signal (912)
Scheduled for future (unknown)
Estimated Project Cost: $3.4 million (Future Unfunded)
Project Scope
Traffic flow, vehicular safety and Bicycle and Pedestrian safety at the intersection of El Camino Real (ECR) and Mission Road is impacted by the existing geometry of the intersection and lack of a traffic signal. The reconfiguration of the intersection will include realignment of the roadway to accommodate proper ingress and egress into the Mission Road Residential Business District. The installation of a three-leg signal that will be interconnected to existing signals to the North and South to maintain proper traffic flow, but more importantly is the signaled intersection will provide an element of safety for pedestrian's, bicyclists and vehicles to traverse across ECR safely. ECR is part of the CalTrans Highway system, thus environmental studies, long term agreements and construction permitting will need to be obtained from CalTrans.

The estimated project cost increased from $700,000, originally estimated in 2017, to $3.4 million. The rise in project costs is the result of CCCI (California Construction Cost Index) and change in project scope. Since 2017, escalation in construction costs have risen between 15 to 20 percent. After the completion of the El Camino Real Bicycle and Pedestrian Master Plan, several features have been added to this project, including required signal interconnects, roadway hardscape and landscape features, realignment of the roadways, and required traffic studies and environmental work to meet the State's Right of Way requirements.

Status as of June 30, 2022
Future Unfunded.

Schedule for FY 2022 -23 and Thereafter
Pending availability of funds.

Impact on Operat ion
Annual cost sharing for maintenance and electrical charges will be shared with Cal Trans. The signalized intersection at ECR and Mission Road will provide access for pedestrian and bicyclist to traverse across the highway safely. It will also provide for vehicular safety (potential speed reduction) when entering the Town of Colma on this portion of ECR.

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Hillside Boule vard Beaut ificat ion (901)
Scheduled for future (unknown)
Estimated Project Cost: $9.1 million (Future Unfunded)
Project Scope
Phase 1 of the three- phase Hillside Beautification Project (Hoffman Street to 600 feet south of Serramonte Boulevard) was completed in the FY2014-15. Phase 2 and 3 start 600 feet south of Serramonte Boulevard to Lawndale Boulevard. Similar to Phase 1, Phase 2 and 3 of the Hillside Boulevard Beautification project will be compliant with “Complete Streets” policies such as continuous sidewalks, high visibility crosswalks, street lighting , ADA accessibility, and bike paths. The project also includes sustainable landscaping and stormwater treatment features, undergrounding of utilities and placement of new utilities such as water and sanitary sewer. The phasing of the of the remainder of this project will be evaluated on potential grant and other funding opportunities. Project estimates will also need to be updated to incorporate green infrastructure mandates. A reserve of $930,889 is being held in the Capital Improvement Fund towards an estimated $9,100,000 project.

Status as of June 30, 2022
On hold. Future Unfunded. Appling for grants and congressional budget earmarks.

Schedule for FY 2022 -23 and Thereafter
Pending availability of funds.

Impact on Operation
There will be an increase in landscaping maintenance and irrigation costs, streetlighting and future roadway maintenance. The various street and right of way improvements will provide safe paths of travel for those who use Hillside Boulevard to walk or bike to work or for pleasur e. The Hillside Boulevard improvement project will also incentivize property owners and developers to invest in development of the property on Hillside Boulevard that has been now zoned for commercial development, thus creating job opportunities for local residents.

Serramonte Blvd/Collins Ave Roadway Improvement ( 905)
Scheduled for future (unknown)
Estimated Project Cost: $20.0 million.

Project Scope
The primary purpose of the Serramonte Boulevard and Collins Avenue Master Plan (Master Plan) is to improve the overall design, function and identity of the corridors with a view to supporting the Town of Colma’s main economic engine and one of the premier auto rows in the Bay Area. The Master Plan thus addresses the design of the right of way, connections and accessibility, safety and operational challenges, identity and character, sustainabil ity, and green infrastructure. Please refer to https://www.colma.ca.gov/documents/serramonte-boulevard-collins-avenue-master-plan/ for the
Serramonte Boulevard and Collins Avenue Master Plan

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Status as of June 30, 2022
None. Scheduled for future unknown.

Schedule for FY 2022-23 and Thereafter
It is anticipated that this project will be broken into phases, scheduling of the various phases of design and construction are to be determined.
• Phase 1a: Traffic Signal at Serra Center (separate project)- see project 911 below. • Phase 1b the island (Collins Ave): Close down the slip lane at Serramonte and Collins in the east bound direction, also restripe Serramonte Boulevard simulating the proposed road diet, (lane reduction) from the Serramonte/Serra Center entrance to El Camino Real.
• Phase 2: Reconstruct Collins Avenue, continuous sidewalks, high visible crosswalks, streetlights, landscaping, underground of overhead utilities, car carrier offloading zones for local car dealerships.
• Phase 3: Continue improvements to Serramonte West: Lane reduction, sidewalks, landscaping, sustainability enhancements, street lighting, and accessibility improvements,
• Phase 4: landscaping, accessibility enhancements, street lighting, bike paths, streetlights.

Please note that phasing is meant to separate the project out into sections, City Council at their discretion can state when they want certain phases to take place.

Impact on Operation
The project will improve safety and mobility along Serramonte Blvd and Collins Avenue, reducing enforcement costs, and enhancing economic viability going into the future.

Serramonte/Serra Center Signalization ( 911)
Scheduled for FY 2023 -24
Estimated Project Cost: $1.00 million (Future Unfunded) Project Scope
Install traffic signal on Serramonte Blvd at the Serra Center entrance (Target). The project will be partially funded by a development impact fee ($26,000). Estimated project cost of $500,000 includes for the signalization of the intersection, the road realignment work at Serramonte Boulevard and Collins Avenue and removing the existing slip lane, restriping of Serramonte Boulevard to simulate the proposed lane reduction on Serramonte Boulevard, plus design and project management cost s associated with the project.

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The elimination of the slip lane will provide a safer approach for pedestrians and bicyclists as vehicles enter Collins Avenue. The removal of the slip lane will provide a landscape area for wayward signage, gateway signage and landscaping while entering into the Serramonte Auto Row District.

Another aspect of this project is to install temporary street stripping to simulate how the lane reduction on Serramonte Blvd. will perform and if the lane reduction is feasible. The restriping of the roadway will simulate the proposed lane reduction and will take two lanes of travel in each direction and reconfigure it to one lane of travel in each direction with a turn lane in the middle of the roadway. The purpose of the middle lane will provide vehicles to enter a safe area to make left hand turns into the various car dealerships and retail outlets. Likewise, vehicles exiting the various businesses along Serramonte will be able to make safe left hand turns onto the roadway and be able to enter the middle lane before merging into the oncoming traffic lane.

The signalization of the Serramonte/Serra Center intersection, roadway reconfiguration roadway striping is part of the Serramonte Blvd/Collins Ave Master Plan. These improvements have been separated for the Master Plan Project (CIP#905) for potential grant funding.

Status as of June 30, 2022
The project currently has set idle due to COVID 19 and is figured to go into design in FY 2022-23.

Schedule for FY 2022 -23 and Thereafter
Construction of these improvements are contingent on future grant funding and General Fund contributions. Staff will be pursuing funding opportunities to assist with the buildout of this project.

Impact on Operation
Annual operation and maintenance costs as they relate to the streetlight signal. These improvements will provide both pedestrian and vehicular safety in the Serramonte and Collins Avenue Commercial District.

Sterling Park Streetlight ( 926)
Scheduled for future (unknown)
Estimated Project Cost: $960,000.

Project Scope
The antique streetlights in the Sterling Park Residential Neighborhood have shown signs of deteriorating, some of the streetlights have deteriorated to the point where the rust/decay has rotted through the pole. It is estimated that approximately 10 to 25 percent of the streetlights have different levels of decay from minor to severe. It is projected that the decay process is taking place on the remaining light s, to what extent it has not been determined. It is recommended that the existing streetlights be replaced with lights that are more conducive to the salt air and damp weather conditions.

In a City Council Study session, it was the City Council's preference to replace the decaying metal streetlights with an ornate antique concrete pole with energy efficient single luminaire LED lighting.

Currently, the Town owns the streetlights, and the Colma Lighting District provides maintenance support and pays for the annual electrical charges. The first phase of the project was to provide a

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conceptual plan for the replacement of the streetlights within the Sterling Park residential area. The study has been completed and the next step will be to complete the plans and specifications, secure funding or partial funding with the Colma Lighting District and then go to bid for the streetlight replacement project. The original engineer's estimates that was provided in the study has been increased due to escalation cost s as it relates to construction and materials/supplies along with construction management costs.

Status as of June 30, 2022
None, project sat idle due to funding and issues related to COVID-19.

Schedule for FY 2022 -23 and Thereafter
Follow up with the Colma Lighting District for contributions for funding. Once established, the project will go into construction design documents and bid approval.

Impact on Operation
The improved street light structures should reduce long term maintenance. Electrical costs, (Even though they are paid for by the County Lighting District) will be reduced due to the energy efficient lighting that is being proposed.

Mission Road Bicycle and Pedestrian Improve ment Project (903) Closed as of December 31, 2021
Project Scope
The Mission Road Bicycle and Pedestrian Improvements Project includes the implementation of several safety- related improvements for pedestrians, bicyclists, and vehicles along Mission Road between El Camino Real and Lawndale Boulevard.

Status as of December 31, 2021
The design phase is complete, and the construction phase is nearly completed or will be completed by December 31, 2021.

Schedule for FY 2022 -23 and Thereafter
Closed

Closed Projects in FY 2022-23

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Impact on Op erat ion
The project will provide a safer bicycle and pedestrian path and will mitigate the risk of accidents and control the Town’s cost in annual insurance premiums and claims.

Project Funding and Spending Plan

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Sewer & Storm Drains

Storm Drain System Assessment and Mapping ( 972)
Project Scope
The project will review and analyze the Town's 11 miles of the Storm Drain System. The process will begin with starting to assess the current Storm Drainage system by way of internally videotaping the system in its current state. The video will provide several insights; it will unveil any needed repairs and unrecorded blind or illegal connections. The videotaping equipment used to view the interior of the storm drain lines will also have the capabilities of recording the data and allowing the data to be mapped in the Town’s Geographical Information System (GIS). The findings that come through the videotaping process will allow staff to budget for repairs or enhancements to the storm drain system.

Only portions of the system will be addressed each year. The project is expected to be a 3-year effort; funding will be requested on an annual basis for the specific scope of work for each year.

Status as of June 30, 2022
The project was deferred due to COVID-19 pandemic and has been rescheduled to begin in FY 2022-

23. The Storm Water Drainage Assessment Project will need to be funded through the Capital Reserves on an annual basis. This project is anticipated to start FY 2022- 23. Budget $70,000/per year for 3 years starting FY 2022-23.

Schedule for FY 2022 -23 and Thereafter
Develop a scope of work to go to a qualified contractor by the summer of 2022. The work is estimated to start in late summer/early fall of 2022 and may work its way into the 2023 calendar year.

Impact on Operation
Future costs for repairs or enhancements will be evaluated as part of the assessment and will be budgeted in future operating or capital projects.

Active Projects
Capital Improvement Plan

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Project Funding and Spending Plan

Projects Funding & Spending Schedule for FY 2022 -23 through FY 2026 -27

Future Projects

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Colma Cre ek Channel Repairs ( 934)
Scheduled for future (unknown)
Estimated Project Cost ($300,000)
Project Scope
Sections of the Colma Creek concrete channel have deteriorated over the years. Because there are different levels of deterioration, a study will need to be performed as Phase 1 of this project. This study will identify, categorize, and map the deteriorated areas, estimate costs to repair those areas , and identify permits required to enter and repair the creek walls and floor. Progress has been made working with The San Mateo County Flood and Sea Level Rise Resiliency District, also known as One Shoreline, to establish a program for creek repairs has been limited due to the presence of COVID 19. Because Colma Creek runs through private properties it is the Town's responsibility to first establish "Right of Entry” (ROE) agreements to enter the creek and eventually easements that will be granted to One Shoreline for creek maintenance and repair when needed.

Phase 2 of the
project will be to prepare plans and specifications for the project along with applying for and obtaining all necessary permits to perform the work. Phase 3 will be the preparation of the bid documents, project and construction management, and the repair work. Once the easements are established and recorded, Colma Creek will become the responsibility of One Shoreline with the Town of Colma assisting the District.

Status as of June 30, 2022
The Town’s role to date is to establish ROE and easements with those property owners where the creek travels through their property. To date, property owners, and contact information has been established. Next step will be t o make contact with the various property owners to establish ROE and eventually easements that will be dedicated to One Shoreline for ongoing maintenance and repairs.

Schedule for FY 2022 -23 and Thereafter
In FY 2022-23, staff will be working with the vari ous property owners to inform them of the intent to establish easements so that the responsible agency (One Shoreline) or their agent can clean and maintain the portion of the creek that travels through their property.

Impact on Operation
Once this assessment is made, Colma staff can petition One Shoreline for the funds that are needed to perform the maintenance and repair work.

No active projects are scheduled to close by June 30, 2022.

Closed Projects in FY 2021-22

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Cit y Facilit ies & Long-Range Plans

Facility Parking L ot Upgrades and Repairs ( 953)
Project Scope
Several of the Town owned facility parking lots are in need of reconstruction and/or resurfacing along with striping and Americans with Disabilities Act (ADA) upgrades. This project will address long term parking lot maintenance and reconstruction needs at: Creekside Villas, the Colma Community Center and Historical Museum, the Colma Police Station and the Public Works Maintenance Corporation Yard. The work will vary from facility to facility ranging from reconstruction, (Mill and fill) to minor surface treatments, such as crack sealing and slurry coats. All facilities will be restriped. Installation of additional ADA stalls will be considered if feasible for the Colma Community Center parking lot.

Given the recent increase in oil prices and construction escalation costs, it is estimated that the project
will increase by more than 20% over original estimates that were presented several years ago.

Status as of June 30, 2022
This project was deferred from the FY2021-22 CIP due to the COVID- 19 pandemic. After further review and looking at cost saving measures it is estimated that combing all parking lot upgrades, surface treatments and repairs, the Town would get better value bidding out all the parking lot restorations at one time, in lieu of piecemealing the projects. The Police S tation, Creekside Villas, Community Center, Historical Museum, and Corporation yard parking lot will be combined into one project.

Schedule for FY 2022 -23 and Thereafter
The Parking lot upgrades, and repair project is estimated to be ready for City Council consideration and approval in the winter of FY2022-23. The project is estimated to go to construction in the spring of 2023.

Active Projects
Capital Improvement Plan

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Impact on Operation
No additional annual maintenance costs (Within the 5-year CIP Plan) are anticipated at this time.

Project Funding and Spending Plan

Housing Element Update ( 996)
Project Scope
Pursuant to state law, the Town of Colma is required to update its General Plan’s Housing Element on a predetermined schedule. The 6th Cycle Housing Element Update (HEU) is required to be completed and certified by the state by January of 2023. Staff is working with 21 Elements, a consultant who is working with other San Mateo County jurisdictions on tasks related to the preparation of the HEU report , including a housing site inv entory and feasibility study. The updated housing element will need to include a map and inventory of sites which will show where 202 units can feasibly be built within the 8-year term of the Housing Element. The sites are determined through the Regional Housing Needs Allocation (RHNA) process and completed by the Association of Bay Area Government (ABAG). In addition, the Housing Element will include policies and implementation items to remove barriers to the production of housing.

Additional required acti vities may include site re- zonings, policy development, and zoning text amendments. An environmental review of the project is required which will be the process of an amendment to the approved and adopted General Plan Update’s Environmental Impact Report (EIR) for the fulfilment of CEQA requirements.

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Status as of June 30, 2022
Preliminary work on the housing site inventory is currently underway. Regular coordination with 21 Elements consultants will continue. The site inventory is prepared with the consideration of staff’s meeting with HCD (State Housing and Community Development Agency) in April, and the first draft housing report (for HCD) is reviewed by the Council in June. The first draft report will be forwarded to HCD in June 2022.

Schedule for FY 20 22 -23 and Thereafter
A majority of the work will continue through January 2023 when the HEU is due for submittal to the State. In June 2022, the first draft report of the update will be forwarded to HCD for a 90-day review.

The final report will be presented to the council by or prior to December 2022 in preparation of the final report to be forwarded to HCD. Final close of the project is anticipated to concluded by June 30, 2023.

Impact on Operation
Completion and certification of the Housing Element will allow the Town to be in full compliance with state law. Failure to have a certified Housing Element may cause the Town to incur financial or legal penalties and may make the Town ineligible for certain future grants and funding opportunities.

Project Fund ing and Spending Plan

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Public Art s Program ( 980)
Project Scope
The Town of Colma ’s Strategic Plan for 2020- 2022 includes an objective of developing a public art and wayfaring program, in the interest of building upon our community identity and maintaining quality of life. On October 13, 2021 and February 23, 2022 the Planning Department presented a public art study session to the City Council in order to gauge interest in implementing public art in Colma. In FY 2022-23 staff is proposing 2-4 pieces of small public art. Once approved, staff would recommend designs that are decorative and that depict uncontroversial subjects.

Paint or vinyl-wrap two utility cabinets
Utility cabinets are a popular site for small-scale public art. In Redwood City, the artist fee for painting a utility cabinet is $500 and the cost of UV -resistant coating can cost up to $1,000. Some potential starter sites for art on utility cabinets include Junipero Serra Blvd (near Serra Center) and at Colma Blvd and Junipero Serra Blvd (near 280 Metro Center). Some jurisdictions order vinyl wraps rather than painting directly on the utility cabinet, though that increases the project cost.

Paint on bike rack at the Colma Community Center
Bike racks can be detached from their location and shipped or driven to an artist to paint and return.

Great candidates for this treatment could include the bike racks at Town Hall and/or the bike rack at the Colma Community Center and Historical Museum.

Status as of June 30, 2022
New Project.

Schedule for FY 2022 -23 and Thereafter
Town staff will prepare requests for proposals for qualified artist and interested residents to participate in the Towns civic art program. Once proposals have been received, Town staff will engage the City Council to review the short list of candidates so that the artist can be commissioned to perform their artistry on various pieces of utility cabinets or Town owned bike racks.

Impact on Operation
There will be some minor work on keeping the art clean and free of graffiti. Civic art is an expression of the local community, which can help create civic pride in the community. This art project is the one of many projects that will keep the local community engaged in Colma.

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Project Funding and Spending Plan

Town -Wide Branding ( 959)
Project Scope
The 2012 Economic Development Plan identified several strategies within the framework of the study.

One of the strategies was to create Branding and Promotional Materials emphasizing Colma’s commercial activities. Phase 1 of this project will be to prepare an RFP and hire a firm to develop a community branding cam paign. The process will involve local outreach, surveys, interviews with business leaders, and other research, and utilizing this information to establish creative options for the community’s brand. Phase 2 will be to launch an expanded image and branding campaign highlighting Colma’s brand through logo, marketing brochures, letterhead, street light banners, promotional campaigns, advertisements, and tag lines. Staff will look to partner with local businesses and shopping centers for funding opportunities.

Status as of June 30, 2022
This Project was deferred in FY2021- 22 due to the COVID -19 pandemic, however some initial groundwork has been started by the Economic Development Ad- Hoc Committee and outreach to business community.

Schedule for FY 2022 -23 and T hereafter
Phase 1 of this project is scheduled to begin in FY 2022-23 and carryover into FY 2023-24 for Phase

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Impact on Operation
There may additional annual costs to maintain the branding campaign which may include updated street light banners and marketing materials.

Project Funding and Spending Plan

Urban Tree Master Plan & Improvement (998)
Project Scope
An Urban Tree Master Plan outlines the objectives and actions needed to sustain, protect, and enhance trees along streets, parks, and open space area. The Town’s trees have been tagged and entered into a GIS database. The next step is to contract with a certified arborist to survey and assess the health of town trees and provide a tree maintenance schedule that includes pruning, fertilizing, and replacing trees. The result of the study will be incorporated into the existing GIS database, along with tree maintenance and replacement schedule.

Cost for the tree survey and incorporating the results into the GIS database is estimated at $100,000.

The project also includes tree replacement ; however, an analysis of the existing tree conditions is required prior to any replacement. Staff is recommending a budget of $200,000 for future year tree replacement.

Status as of June 30, 2022
No work to date has taken place.

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Schedule for FY 2022 -23 and Thereafter
This fall, staff will develop a scope of work, and prepare a Request for Proposals for the tree inventory and development of the GIS data base. Tree replacement will be determined after the inventory has been completed.

Impact on Operation
Managing the Town owned trees will provide Public Works staff with a clearer understanding of what is needed to keep our tree inventory healthy and safe. This is also a best management practice that will assist the Town in keeping annual insurance cost down and reasonable.

Project Funding and Spending Plan

Zoning Code Update ( 997)
Project Scope
Pursuant to state law, the Town of Colma is required to amend its zoning code and zoning map after the adoption of the General Plan, which was completed in March 2022. The General Plan and zoning must be consistent with one another. The Town of Colma zoning code has been added to over the years, making it challenging to find information with land uses and development standards for each zone in two separate places in the code. The code requires reformatting and updating to be more user friendly. In addition, in anticipation of the Municipal Code being converted to a searchable document by sections, the update will align with the goal of creating an easily searchable document.

Sections will also be updated to comply with current state law. An environmental document will be required to be prepared as required by CEQA requirements.

The project was added to the FY 2020-21 CIP as part of the mid-year budget amendment.

Capital | City Facilities & Long -Range Plans 148
Status as of June 30, 2022
This project started in the first quarter of 2022 and is anticipated to be completed in 2023.

Schedule for FY 2022 -23 and Thereafter
Continued work on the Zoning Code update, including several study sessions with City Council and public will be held to gather opinions and direction regarding land use, zoning map, compatibility with other codes and ordinances, and compliance with CEQA requirements.

Impact on Operation
The Zoning Code update will improve usability of the zoning code by the public and developers. Staff will ensure that the zoning code complies with current legal requirements and that it is consistent with the adopted General Plan Update.

Project Funding and Spending Plan

Capital | City Facilities & Long -Range Plans 149

Projects Funding & Spending Scheduled for FY 2022 -23 through FY 2026 -27

Bark Park Upgrade ( 958)
Scheduled for FY 2023 -24
Estimated Project Cost: $95,000
Project Scope:

The Bark Park located on lower D Street provides dog owners a site where they can allow their pets to play, run and socialize with other dogs. Though the park caters to dogs, it is also a place where residents can meet while their pets play and be contained within a safe and confined area. Currently, the Bark Park is an underutilized park space, due to the fact that much of the facility has grown old, and is in need of repair and upgrades. The proposed project and upgrades include:
• Additional Picnic and seating spaces
• Resurface and expand grass area
• Install concrete curbing around lawn and decomposed granite walkways • Provide play features for pets, including obstacle course and add additional pet amenities • Add permanent shade structure over benches and picnic table area Future Projects

Capital | City Facilities & Long -Range Plans 150
• Add outdoor message board
• Replace fencing as needed
The funding is expected to come from the Town’s CIP reserves.

Status as of June 30, 2022:

The funding for the project has been secured through the Parks & Recreation per capita grant program.

Schedule for FY 2022 -23 and Th ereafter
The project is scheduled to start in the fall of 2023 and is estimated to be completed by early 2024.

Impact on Operation
Annual repairs will decrease, operation and maintenance of the Bark Park facility should stay the same as in past years.

Colma Community Center Painting and Repair ( 960)
Schedule for FY 2024 -25
Estimated Project Cost: $100,000
Project Scope
The work will include painting of the exterior, minor trim and building repairs, re-staining of the back deck, painting of miscellaneous iron work, guard and handrails. The Project is scheduled to take place in FY 2024-25.

Status as of June 30, 2022
None. Project was originally scheduled to start in FY 2022- 23. The project start has been pushed to FY 2024-25.

Schedule for FY 2023 -24 and Thereafter
The project is scheduled to start and be completed in the summer of 2024.

Impact on Operation
Painting and minor repair work will decrease some of the annual maintenance costs as it relates to the exterior of the building.

Capital | City Facilities & Long -Range Plans 151
Corporation Y ard Car Wash Upgrade ( 954)
Scheduled for FY 2023 -24
Estimated Project Cost: $170,000
Project Scope
Under the Town of Colma's Municipal Regional Permit (State Regional Water Board permit to discharge Storm Water), it is required that municipalities provide washdo wn facilities for various pieces of equipment. Currently, the Public Works department follows the State Stormwater mandates but the effort to stay in compliance is a tedious and time- consuming effort. A washdown station will be constructed on site in the Corporation yard, the drive- in wash area would have a roof over the washdown area and floor drains that are connected to a clarifier (prevents oil and grease to flow into the sanitary system), allowing the gray water from the washdown area to enter the sani tary sewer system.

Status as of June 30, 2022
This Project is scheduled to begin in FY 2023-24.

Schedule for FY 2022 -23 and Thereafter
This Project scope and plans are to be developed in the fall/winter of 2023. Anticipated construction is scheduled for spring of 2024.

Impact on Operation
This project will decrease the Public Works Maintenance Workers time in the washdown of equipment and cleanup and keep the Public Works Department in compliance with the State Water Board.

EV Charging Station at Town Facilit ies (TBD)
Schedule for future (unknown)
Estimated Project Cost: $300,000
Project Scope
Several level 2 electrical vehicles (EV) charging stations are being considered for installation at the Colma Community Center and Colma Police Facility. The project would include designing the system, upgrading the existing electrical systems at the facilities, and installing the needed infrastructure and associated hardscape to harbor the EV Chargers. The funding plan for this project is being pursued by Peninsula Clean Energy (PCE), one of the Town's energy providers.

Status as of June 30, 2022
In discussion with PCE on the scope and cost of the project.

Capital | City Facilities & Long -Range Plans 152
Schedule for FY 2022 -23 and Thereafter
Continue to search out funding to assist with the EV Charger installation.

Impact on Operation
Provides a public need and the EV Chargers in the police facility will assist in less dependency on gas. Providing EV Chargers will also assist in reducing greenhouse gases.

HV A C System Repl acement at Pol i ce Station ( 943)
Schedule for FY 2023 -24
Estimated Project Cost: $1,250,000
Project Scope
The HVAC system at the Colma Police Station is showing signs of failure due to exposure from the weather, quality of the equipm ent, and everyday normal use. The Department operates 24/7 increasing the rate of wear and tear on the HVAC system. The other area of concern is the current HVAC system uses R-22 refrigerant.

Production of R-22 refrigerant has stopped as of 2020 due to its harmful effects to the environment.

Currently, the only R- 22 available in the market are from recycled stock. As the recycled stock is depleted, the cost of R-22 will increase to the point where it will be more cost effective for the Town to replace the HVAC system.

This project is slated to be in the CIP long range plans, consideration for replacing the HVAC equipment is estimated to be 2 -3 years out (approximately 2024), funding for replacement will be pursued through State and Local grant programs that assist in energy equipment upgrades.

The increase in construction is due to escalation costs as it relates to equipment and labor. Design, construction administration was also added to the original construction budget.

Status as of June 30, 2022
Town staff has pursued grant funding to help offset the budget costs to replace the Police Facility HVAC system.

Schedule for FY 2022 -23 and Thereafter
Depending on the condition of the HVAC system and the Town's HVAC maintenance contractor's assessment, the project is temporarily scheduled for rehabilitation in FY 202 3-24 (maybe able to be pushed out to 2024-25 if outside funding assistance does not become available.

Impact on Operation
Costs for both Maintenance and operation should decrease due to the efficiencies of a new system and annual maintenance should be limited to general maintenance and not having to make needed repairs. Annual maintenance is required.

Capital | City Facilities & Long -Range Plans 153
Solar Panel Installation at Colma Community Center (TBD) Schedule for future (unknown)
Estimated Projec t Cost: $300,000
Project Scope
The Town and Peninsula Clean Energy (PCE) are participating in a Solar and Storage Collaborative Procurement Process in an effort to secure a solar installation at the Community Center. If successful, the solar installation will be funded by PCE through an on- bill finance type program. However, the cost for a battery back -up system would make the project too costly for an on- bill finance program.

Staff will seek funding for battery back-up system with an estimated cost of $300,000.

Status as of June 30, 2022
Working with outside consultants to help secure State and Federal assistance in funding the solar battery back-up system.

Schedule for FY 2022 -23 and Thereafter
Will continue to work on grant funding to assist in the purchase and installation of the battery back - up system.

Impact on Operation
The solar panel installation along with the battery back -up system will allow the Colma Community Center to function during a power outage. It will also allow the facility to be less dependent on energy provided by PCE or PG&E. Use of solar will decrease the Town's greenhouse gas emissions and lower its carbon footprint.

Sterling Park Facility Improvement (948)
Schedule for FY 2023 -24
Estimated Project Cost: $80,000
Project Scope
The Sterling Park facility is in need of some minor repairs and enhancements. The improvements would include refurbishing of the exterior basketball court, installing new picnic furniture across from the outside restrooms, and upgrading the exterior bathrooms.

Status as of June 30, 2022
Pursued funding to assist with these upgrades and improvements Schedule for FY 2022 -23 and Thereafter
Once funding is secured, requests for pricing will be pursued for the various repairs and upgrades.

Capital | City Facilities & Long -Range Plans 154
Impact on Operation
Will decrease annual maintenance and improve day to day recreation activities.

Colma Muse um Facilit y Re pair & Paint ing (951)
Will close by June 30, 2022
Project Scope
The Historical Museum Facility is currently in need of painting. The work includes minor building repairs such as plaster touch up, dry rot repairs, and window and trim repairs or replacement.

Status as of June 30, 2022
The Colma Museum painting and repair project was completed in FY 2021-22.

Schedule for FY 2022 -23 and Thereafter
None. This project will be completed by June 30, 2022. Future improvements will be monitored as part of the operating facilities budget.

Impact on Operation
No additional annual maintenance costs are anticipated at this time, outside of normal day to day wear and tear on the facility.

Project Funding and Spending Plan

Closed Projects in FY 2022-23

Capital | City Facilities & Long -Range Plans 155
Creekside Villas Repair and Painting ( 952)
Closed as of December 31, 2021
Project Scope
The Creekside Villas Facility is currently in need of painting and minor trim repair. The work will include:
• minor exterior repairs.
• window and exterior wood trim repair and/or replacement. stair and deck resurfacing. • exterior preparation and painting of main building & axillary structures. • replacement of awnings.

Status as of December 31, 2021
Exterior painting was completed 2019. The Town solicited but did not receive any proposals for the other exterior repairs. Remaining $40,000 in the budget has been returned to the City Facilities Fund (83) to be used for rental operating cost and improvements at Creekside Villa and Verano.

Schedule for FY 2022 -23 and Thereafter
None. Project closed.

Impact on Operation
Outstanding exterior repairs will be addressed as part of the rental facility operating budget.

Project Funding and Spending Plan

Capital | City Facilities & Long -Range Plans 156
General Plan Update ( 991)
Scheduled to close on June 30, 2022.

Project Scope
Update General Plan to comply with State Law. The General Plan governs development within Town limits.

Status as of June 30, 2022
The Town applied and received a $160,000 grant for the update of the General Plan.. The General Plan Update (GPU) and associated Draft Environmental Impact Report (DEIR) was presented to City Council Study Session on December 9, 2021. The public review period ended on January 25, 2022.

No comments were received.

The Final EIR, CEQA Statement of Overriding Consideration, and the 2040 General Plan Update was approved and adopted by the City Council on March 23, 2022.

The $160,000 grant will offset a portion of the increase.

Schedule for FY 2022 -23 and Thereafter
None. The General Plan Update was adopted by resolution on March 24, 2022. The next phase is in the Housing Element Update and the Zoning Code Update, listed in CIP #996 & 997 respectively) Impact on Operation
The General Plan guides the Town’s residential and commercial developments. It also ensures compliance with State and Federal regulations.

Project Funding and Spending Plan

Capital | City Facilities & Long -Range Plans 157
Recreation Operation and Fa cility Master Plan ( 995)
Schedule for future (unknown)
Estimated Project Cost: $50,000
Project Scope
The Recreation Department has grown over the last several years. The department has added additional community events, in-house programs and contract programs. The department plans to continue to grow in all areas of service, more specifically in teen and senior programming. The department seeks to develop solutions to facilities' needs that will better serve our current and future residents. The department is requesting that the facility master plan study provides:
• Options for areas of possible future expansion.
• Help to identify a designated space for teens (Teen Center). • Clarify design information to make a more informed decision on future facility additions or remodels.
• Evaluation of present facility conditions and future requirements to identify needs. • Feasibility study and program plan to identify all viable options and their costs.

While this project is important for the expansion of the Recreation Department, the Department will be shifting its focus on community engagement and programming in a post -COVID world and will revisit this project at a later time. In the meantime, this project will be removed from the Colma Capital Improvement Plan.

Capital | Major Equipment, Technologies, & Fleet 158
Major Equipment, Technology & Fleet

Equipment Purchase and Replacement ( 984)
Project Scope
This Capital Improvement Project covers the purchase of major equipment Town-wide.

In the FY 2019 -20, the Police Department updated the dispatch center radio and equipment. The Police base station radio and dispatch console equipment was nearing its useful life. The dispatch center was upgraded to digital in preparation for future radio updates. The radio itself will remain an analog system to be consistent with other Police Departments in San Mateo County and to communicate with Town Officers. The minimum life expectancy is 10 years. The project funding of $250,000 is required in FY 2019-20. This purchase was completed in FY 2020- 21. The total project cost is $217,661. Available funding of $32,339 was allocated to update the Council Chamber AV system.

For FY 2021-22, the program includes the purchase and installation of • Body worn cameras and in-car cameras for the Police operation. The purchase will include new tasers, automatic license plate reader (ALPR) units, and new computers for the police cars to support the new in-car camera systems. Projected cost is $191,000. • AV System to update the Colma Council Chamber to offer participants to join City Council meeting through a hybrid model, when the City Council meetings return to in-person.

The
FY 2022-23 program includes the following:
• Lawnet Equipment Upgrade: The Lawnet network connects the police departments and the County's criminal justice agencies together and provides a gateway to external criminal justice networks. It is a secure network that meets California DOJ and FBI standards for electronically transporting criminal justice information. The current system is more than 12 years old and must be replaced because of its age. Additionally, Lawnet uses old- style AT&T circuits that are increasingly unreliable and expensive. The circuits need to be Active Projects
Capital Improvement Plan

Capital | Major Equipment, Technologies, & Fleet 159
replaced with more modern fi ber-optic circuits. Also, we are faced with higher standards for encryption that cannot be met with the old Lawnet equipment. • Radio Encryption Upgrade: Following a mandate by California Department of Justice all law enforcement agencies must encrypt their radio communications. The reason for the encryption is protect individuals Private Identifying Information PII from becoming public.

The Colma Police Department is currently working with both the San Mateo County Chief of Police and Sheriff’s Association as well as outside consultant Telecommunications Engineering Associates TEA. The compliance deadline is 12/31/2023.

Status as of June 30, 2022
The Automatic License Plate Reader (ALPR) system and the Police body -worn and in-car cameras have been purchased and installed.

As for the Council Chamber AV System Upgrade, the Town is waiting for the equipment to arrive. The delay is due to supply shortages as a result of supply chain issues which arose from COVID and the War in Ukraine.

Schedule for FY 2022 -23 an d Thereafter
The Police Department will update its Lawnet system and continue to collaborate with neighboring jurisdictions in exploring solutions to the radio encryption mandate.

Impact on Operation
Depending on the selected system features, there may be annual maint enance or subscription cost that will be added to the operating budget.

Capital | Major Equipment, Technologies, & Fleet 160
Project Funding and Spending Plan

Financial Software Replacement (965)
Project Scope
The Town of Colma currently uses Eden Software provided by Tyler Technologies to record, manage and track all of the City's revenues, expenditures and financial transactions. In March 2022, Tyler Technologies notified all Eden users that they will retire the Eden system on March 1, 2027. They are encouraging all Eden system users to transition to their other financial system, Munis.

Features to be requested from the software vendors include the full range of City Financial System capabilities including General Ledger (GL), Accounts Receivable, Accounts Payable, Budget, Payroll, Purchasing, Account ing and Cash Management. Optional features may include Cash Register System, Project Budget Tracking, Online Transparency Reporting, and Permit Payment Tracking. As part of the RFP and selection process, software vendors will be asked to provide a response to the RFP that offers both an on-site server-based system and a hosted/cloud-based system.

The implementation will take up to 3 years from the start of the contract. The proposed budget of $550,000 does not include staff augmentation needs during the sys tem implementation and data conversion process.

Capital | Major Equipment, Technologies, & Fleet 161
Status as of June 30, 2022
Schedule demo and preliminary quotes for the system.

Schedule for FY 2022 -23 and Thereafter
Evaluate and select system based on the need of the Town and begin data conversion proc ess.

During the data conversion phase, the Town will need additional financial assistance during the audit and budget seasons. Further discussion on staff augmentation will be discussed at a regular City Council meeting during the ERP selection.

Impact on Operat ion
During the software implementation, the workload will increase for the Finance Department. The Department may consider the use of an intern to assist in the process. Once the system is in, there may be cost-saving measures available.

Project Fund ing and Spending Plan

Capital | Major Equipment, Technologies, & Fleet 162
IT Infrastructure Upgrades (986)
Project Scope
The ongoing maintenance of computers, as well as the Town’s backbone network, requires periodic upgrades to ensure that operations continue. The project includes:
• Replacement of desktop computers and other equipment. • Technology needs in the Town Hall facility and other Town-owned facilities. • Update software.
• Update and upgrade to servers, switches and routers.
• New switch to interconnect the Police Department and Town Hall sites.

Status as of June 30, 2022
This Project is ongoing.

Schedule for FY 2022 -23 and Thereafter
IT and Infrastructure upgrades is an ongoing capital investment.

Impact on Operation
This ongoing program provides timely replacement of essential technology hardware to ensure minimal impact on Town daily operation.

Project Funding and Spending Plan

Capital | Major Equipment, Technologies, & Fleet 163
V ehicl e Repl acement ( 987)
Project Scope
This Capital Improvement Project covers the purchase of vehicles and major fleet items Town-wide.

In the FY 2021-22, the Police Department will replace the patrol supervisor vehicle (Flex Fuel Tahoe, $64k), a patrol (Hybrid Explorer, $60k) and one detective vehicle (Honda, $40k). The cost of these three vehicles is estimated at $164,000, including outfitting with public safety equipment.

For FY 2022-23, the Town plans to replace the Public Works Maintenance Truck, and two police patrol vehicles (2015 Ford Explorers).

Status as of June 30, 2022
The Police Department purchased the two patrol vehicles and will defer the detective vehicle to FY 2022-23.

Schedule for FY 2022 -23 and Thereafter
This is an ongoing CIP project.

Impact on Operation
The goal of this ongoing program is to keep operating maintenance costs low.

Project Funding and Spending Plan

Capital | Major Equipment, Technologies, & Fleet 164

Projects Funding & Spending Schedule for FY 2022 -23 through FY 2026 -27

Phone System Upgrade ( 982)
Project Scope
The Tow n currently uses the ShoreTel telephone system for all Town facilities. The system was installed and implemented in FY 2014- 15 and the VoIP infrastructure is managed by Stepford. The average useful life of a commercial phone system is 5- 8 years. Our system is 7 years old and replacement will be required once the Town has depleted its inventory of replacement parts, which are no longer available in the market.

Status as of June 30, 2022
New project.

Schedule for FY 2022 -23 and Thereafter
Monitor the need for replacing the phone system based on inventory and system support.

Impact on Operation
Depending on the infrastructure of the replacement phone system, there may be annual subscription cost to be added to the Town’s operating budget.

Future Projects

Capital | Major Equipment, Technologies, & Fleet 165

No active projects scheduled to close by June 30, 2022.

Closed Projects in FY 2022-23

Financial Summaries & Forecast 166
Financial Summaries & Forecast

This section of the Budget provides additional analysis based on historical trends and a projection of future revenues and expenditures. Included are schedules showing five years of actual revenues and expenditures data for all funds. The General Fund comprises the most significant component of the Town's financial base. A five- year General Fund projection was prepared. The projection is a high- level forecast that can be used as a financial planning tool.

Hist orical Revenues and Expenditures (All Funds)
The table summarizes the Town’s activities since FY 2016- 17. The table separates out operating activities from capital, as capital activities vary dramatically depending on the capital program. For example, the Town Hall Campus Renovation capital project entered construction phase in FY 2017- 18 and FY 2018-19. As a result, the capital program expenses in those fiscal years were more than $8.0 million. As for operating activities, the Town’s operating revenue had been sufficient to support operating expenses, including debt services.

Financial Summaries & Forecast 167
General Fund Revenues & Expenditures Trend ( including transfers) As for General Fund activities, the Town reduced reserves in FY 2016-17 and FY 2019-20 and added to reserves in FY 2017-18, FY 2018-19, and FY 2020-21. FY 2016-17 includes a $5.5 million transfer to the capital program for the Town Hall Campus Renovation. As for FY 2019- 20, the Town had to drawdown on reserve due to the fiscal impact of the COVID-19 pandemic.

Financial Summaries & Forecast 168
General Fund Forecast and Assumptions
To understand the potential financial challenges to the Town in the next five years, this section of the budget will focus on the General Fund. General Fund represents 85 percent of total Town operations and subsidizes the Sewer Funds and Capital Improvement Funds. Additionally, this section is organized to show the financial impact of status quo and potential solutions. These solutions will require further analysis and City Council authorization.

General Fund Expenditures Forecast
• Salaries, wages & benefits are the largest expenditures category for the General Fund. This expenditures category includes contributions to address future unfunded liabilities as they are related to OPEB, pension, and accrued leave payout at separation (retirement and voluntary separation). The five-year projection builds in a 3% escalation for salaries and wages and 5% escalation for other benefits. The 3% escalation for salaries and wages does not include COLA adjustment but rather reflects step increase resulted from positive performance evaluation. • Professional & Contractual Service and Supplies & Services categories are the next largest categories in the General Fund. The projection applies a 3% or 5% escalation depending on the nature of the services.

Financial Summaries & Forecast 169
General Fund Revenues & Expenditures Fore cast (including ope rat ing t ransfe rs) Adding revenues to the discussion, the projection below shows the revenues and expenses lines cross between FY 2023- 24 and FY 2024-25 projections. T he gap between the revenue and expenditure lines continues to widen over time. This signifies that the Town’s General Fund revenues are not enough to support general government operations, such as police services, recreation services, planning, building, and engineering services, public infrastructure maintenance, and administrative support. This is assuming no changes to revenue streams or operating structure.

In terms of General Fund Reserves, the unassigned reserve is projected to reduce by $5.07 million by June 30, 2024, and it is due to capital transfers of $4.75 million. Beginning the fiscal year ending June 30, 2025, the reduction in unassigned reserve is attributed to the compounding of the operating deficit, shown in the table above, and transfers to support debt obligations, sewer services, and capital activities.

Financial Summaries & Forecast 170

Potenti al Optio ns to Mi ti gate I nsol vency
The FY 2019-20 Budget projected that the unassigned General Fund reserve will turn red beginning in FY 2023- 24. Since then, the Town increased its OPEB and pension trust contributions, made supplemental payments to CalPERS to reduce future unfunded liabilities , negotiated changes to employee benefits, and obtained several grants to fund major capital programs.

As stated in the Budget Overview section of the document , the 2020 -2022 Strategic Plan inc ludes plans to diversify revenues sources and promote economic development. In addition to the revenue measures, the financial plan for the coming year is to remain flexible. It is unclear how the US market will be impacted by the current rise in inflation and the potential stagnation predicted by many economists. Some additional strategies to consider include reducing debt and unfunded pension liabilities, restructuring services, making Sewer Enterprise a self-sustaining operation, and partnering with neighboring agencies in providing needed services.

Financial Summarie s
The tables and charts below include financial summaries for all Town funds by Fund Categories:

General Funds, Special Revenues and Debt Service Funds, Capital Improvement Funds, Internal Service Fund, and Enterprise Funds.

Financial Summaries & Forecast 171
General Fund ( 11, 12, 19) – Major Fund
General Fund Category consists of three separation fund numbers. The fund was separated for reporting and tracking purposes. For audit reporting purposes, they are consolidated to form the General Fund Category.
• 11: General Fund - For the purpose of tracking funding and cost of ongoing operation and unrestricted revenues. The expenditures and use of General Funds are discretionary after appropriation by the City Council to the extent there are no local policies or laws that impose any special conditions.
• 12: General Fund Reserves - For the purpose of segregating committed reserve funds approved by the City Council in the Town Budget.
• 19: Emergency Operation - For the purpose of tracking emergency operation.

Financial Summaries & Forecast 172
Special Revenues and Debt Funds
Special Revenues and Debt Funds category consists of grant funding and debt transactions.

The following grant funds are allocated and distributed to the Town annually and are intended for specific use.
• 21: Gas Tax - For the purpose of receiving gas tax collected and distributed by the State of California. Gas Tax Fund is designated for ongoing traffic signal and street lighting contract services as well as street capital projects as authorized by the gas tax requirement. • 22: Measure A - For the purpose of receiving Measure A collected and distributed by the San Mateo County Transportation Authority. This is a county-wide voter-approved sales tax measure designed to improve transit and relieve traffic congestion. A portion of the Measure A funds are distributed directly to cities on a per-capita basis and the use is limited to eligible street capital improvements.
• 23: Transportation Grant - For the purpose of recording various Federal, State and county grants for major bikeway, pedestrian, and roadway capital improvement projects. Grants are generally reimbursable in nature and require the Town to pay the contract cost, first. • 26: Measure W - For the purpose of receiving Measure W collected and distributed by the San Mateo County Transportation Authority. This is a county-wide voter-approved sales tax measure designed to improve transit and relieve traffic congestion. A portion of the Measure W funds are distributed directly to cities on a per-capita basis and the use is limited to eligible street capital improvements.
• 27: Police Grants - For the purpose of revenues associated with one-time or limited-term Police grants that have restricted uses. This includes a distribution associated with State criminal justice realignment funds. Other one-time Police-related grants are also accounted for in this fund. The Public Safety Grants Fund is designated by the Town as Fund #27.

Expenditures from this fund will finance the majority of costs associated with specialized Police training and homeless outreach services.
• 29: Citizens’ Option for Public Safety - For the purpose of revenues associated with Police grants that have restricted uses and may be on-going. This includes an annual State distribution from the Supplemental Law Enforcement Services Fund (SLESF), which must be used for front-line law enforcement activities. Expenditures from this fund will finance the majority of costs associated with the Police - Community Services Division including a Community Services Officer (CSO) position.

The following funds are collected from development agreements. • 24: Park in-Lieu - For the purpose of receiving Parks in Lieu fees and disbursing funds for Town parks and recreational facilities.
• 25: Housing Impact - For the purpose of receiving Housing Impact fees paid by developers and disbursing funds for affordable housing purposes.

The following fund is debt service funds.
• 43: COPS Debt Services - For the purpose of tracking the payment of interest and principal associated with the 2015 Town Hall Campus Renovation COP and related administrative expenses. This is the only debt the Town currently has outstanding.

Financial Summaries & Forecast 173

Financial Summaries & Forecast 174
Capital Improvement Funds
• 31: Capital Improvement - For the purpose of tracking the funding and cost of capital improvement projects that are not related to improvements to streets (Fund 32), sewer (Fund 82), Verano property (Fund 83), and Creekside Villas property (Fund 83). Fund 31 also reserves as the general Capital Reserve fund. This is categorized as a major fund in the audited financial statements.
• 32: Street Capital - For the purpose of tracking the funding and cost of Street Capital Improvement Projects. This fund includes grant reimbursements revenues to offset eligible street and roadway constructions.

Financial Summaries & Forecast 175
Internal Service Fund
• 61: Vehicle/Fleet Replacement - For the purpose of accumulated funds over time to provide for the replacement of the Town fleet used by Police, Public Works, Recreation and Administration. Annual charges based on the usable life and cost of vehicles and the public works fleet are recorded as expenses within the operating departments. The future replacement of these vehicles and the fleet is financed from reserves accumulated in this fund. The Fleet Replacement Fund is reported as a enterprise fund.

Financial Summaries & Forecast 176
Enterprise Funds
Enterprise Fund includes two sewer funds and one for city properties. For budgeting purposes, these funds are budgeted on modified accrual basis. For audited financial report purpose, these funds are reported in full accrual basis.
• 81: Sewer Operating - For the purpose of tracking the operating and maintenance cost of the Town’s Sewer System and to streamline quarterly and annual compliance reporting • 82: Sewer Capital - For the purpose of tracking the funding and cost of Sewer Capital Improvement project, and to establish the sewer system needs of the Town. • 83: City Properties - For the purpose of tracking the lease and rental of City properties, expenses for the maintenance of City properties, and depreciation.

Appendix |GANN Limit, Staffing, Fund Descriptions, & Financial Policies 177 Appendix

Appropriation L imit
California voters approved propositions, amending the State Constitution, which requires that the annual Town budget include a calculation of the Appropriations Limit, sometimes referred to as the Gann Limit. This requirement was imposed by Proposition 4 (1979) and later amended by Proposition 111 (1990).

The requirement imposes a restriction on the amount of governmental revenues, which may be appropriated in any fiscal year. The Appropriations Limit was first based on actual appropriations during the base year (1986-87), and it can be increased each year based on a specific formula and specified growth factors. The Appropriations Limit does not apply to all funds. It only applies to funds that are “proceeds of taxes.”
Each year, the adjustment to the Appropriations Limit takes into consideration two factors: 1) the change in the cost of living, and 2) the change in population. For each of these factors, the Town may select between two optional factors.

Selection of Optional Factors

1. Change in Population (Town of Colma vs. San Mateo County) a. Town of Colma had a population of 1,391 on 1/1/2021 and 1,370 on 1/1/2022 , a decrease of 1.51%
b. County of San Mateo had a population of 751,464 on 1/1/2021 and 744,552 on 1/1/2022, a decrease of 0.92%

2. Change in State per capita Personal Income vs. Colma Non-Residential Building Construction a. Change in State Per Capital Personal Income was 7.55% b. Change in Colma Non-Residential Assessed Valuation was not available.

For the Fiscal Year 2022-23 calculation, the Town selected the County’s population growth rate of -0.92% and the change in the State Per Capita Income of 7.55%

Appendix |GANN Limit, Staffing, Fund Descriptions, & Financial Policies 178 Appropriation L imit Calculation 202 2-23

The 2022-23 Appropriations subject to the limit (“Proceeds of Taxes”) total $18,157,135, which means the Town is $42,874,861 below the authorized limit.

City FY 2022-23
Amount
a) Prior Year Appropriations Limit 57,274,771
b) Adjustment Factors percent ratio
1) Population Change -0.92% 0.991
Population in city or county? County
2) Cost of Living 7.55% 1.076
State CPI or % New non-residential? CPI
3) Combined adjustment factor 1.0656
c) Adjusted Limit 61,031,996
d) Alterations
Transfer of Financial Responsibility
Transfer to Fees
Emergency
Voter Override
Total Alterations -
e) Appropriations Limit - Current Year 61,031,996
©2016 Michael Coleman. Use w ith attribution.

Select from Worksheet 5
"city" or "county"
Select from Worksheet 6
"CPI" or "%new non-resid AV"
b1 * b2
a * b3
sum of d
c + d
Appropriations Limit
Town of Colma
Source
Prior year schedules
City FY 2022-23
Amount
a) Proceeds of Taxes 18,157,135
b) Exclusions -
c) Appropriations Subject to Limitation 18,157,135
d) Appropriations Limit (current year) 61,031,996
e) Under (Over) Limit 42,874,861
©2016 Michael Coleman. Use w ith attribution.
d-c
Worksheet #3
a-b
Worksheet #7
Worksheet #1
Appropriations Subject to Limitation
Town of Colma
Source

Appendix |GANN Limit, Staffing, Fund Descriptions, & Financial Policies 179 Appropriation L imit History

Staffing List
The data is available beneath the bar charts. Use the scroll bar to the right to move to the table.

Appendix |GANN Limit, Staffing, Fund Descriptions, & Financial Policies 180 Description of Funds
Fund Type: General Fund
General Fund ( 11)
For the purpose of tracking funding and cost of ongoing operation and unrestricted revenues. The expenditures and use of General Funds are discretionary after appropriation by the City Council to the extent there are no local policies or laws that impose any special conditions.

General Fund R eserves ( 12)
For the purpose of segregating committed reserve funds approved by the City Council in the Town Budget.

Emergency Operation ( 19)
For the purpose of tracking emergency operation.

Fund Type: Special R evenues
Gas Tax ( 21)
For the purpose of receiving gas tax collected and distributed by the State of California. Gas Tax Fund is designated for ongoing traffic signal and street lighting contract services as well as street capital projects as authorized by the gas tax requirement.

Me a su re A (2 2 )
For the purpose of receiving Measure A collected and distributed by the San Mateo County Transportation Authority. This is a county -wide voter -approved sales tax measure designed to improve transit and relieve traffic congestion. A portion of the Measure A funds are distributed directly to cities on a per-capita basis and the use is limited to eligible street capital improvements.

Transportation Grant (23)
For the purpose of recording various Federal, State and county grants for major bikeway, pedestrian, and roadway capital improvement projects. Grants are generally reimbursable in nature and require the Town to pay the contract cost, first.

Parks in Lie u (24)
For the purpose of receiving Parks in Lieu fees and disbursing funds for Town parks and recreational facilities.

Housing Impact Fees ( 25)
For the purpose of receiving Housing Impact fees paid by developers and disbursing funds for affordable housing purposes.

Appendix |GANN Limit, Staffing, Fund Descriptions, & Financial Policies 181 Measure W ( 26)
For the purpose of receiving Measure W collected and distributed by the San Mateo County Transportation Authority. This is a county -wide voter -approved sales tax measure designed to improve transit and relieve traffic congestion. A portion of the Measure W funds are distributed directly to cities on a per-capita basis and the use is limited to eligible street capital improvements.

Public Safety Grants ( 27)
For the purpose of Revenues associated with one- time or limited -term Police grants that have restricted uses. This includes a distribution associated with State criminal justice realignm ent funds.

Other one-time Police-related grants are also accounted for in this fund. The Public Safety Grants Fund is designated by the Town as Fund #27. Expenditures from this fund will finance the majority of costs associated with specialized Police training and homeless outreach services.

CO PS Gra n t (2 9 )
For the purpose of revenues associated with Police grants that have restricted uses and may be on- going. This includes an annual State distribution from the Supplemental Law Enforcement Services Fund (SLESF), which must be used for front -line law enforcement activities. Expenditures from this fund will finance the majority of costs associated with the Police - Community Services Division including a Community Services Officer (CSO) position.

Fund Type: C apital
Capital Improvement ( 31)
For the purpose of tracking the funding and cost of capital improvement projects that are not related to improvements to streets (Fund 32), sewer (Fund 82), Verano property (Fund 83), and Creekside Villas property (Fund 83).

Street Capital ( 32)
For the purpose of tracking the funding and cost of Street Capital Improvement Projects Fund Type: Debt
COPS Debt Servi ces ( 43)
For the purpose of tracking the payment of interest and principal associated with the 2015 Town Hall Campus Renovation COP and related administrative expenses. This is the only debt the Town currently has outstanding.

Fund Type: I nternal Services
Ve hicle /Fl eet R epl acement ( 61)
For the purpose of accumulated funds over time to provide for the replacement of the Town fleet used by Police, Public Works, Recreation and Administration. Annual charges based on the usable life and cost of vehicles and the public works fleet are recorded as expenses within the operating departments.

Appendix |GANN Limit, Staffing, Fund Descriptions, & Financial Policies 182 The future replacement of these vehicles and the fleet is financed from reserves accumulated in this fund.

Fund Type: Trust
OPEB Trust ( 71)
For the purpose of tracking funding designated to pay retiree medical and dental cost and related investment returns.

Pension Trust ( 72)
For the purpose of tracking funding designated to pay retiree pension cost and related investment returns.

Fund Type: Enterprise
Sewer Operati ng ( 81)
For the purpose of tracking the operating and maintenance cost of the Town’s Sewer System and to streamline quarterly and annual compliance reporting
Se w e r Ca p it a l (8 2 )
For the purpose of tracking the funding and cost of Sewer Capital Improvement project, and to establish the sewer system needs of the Town.

City Properties ( 83)
For the purpose of tracking the lease and rental of City properties, expenses for the maintenance of City properties, and depreciation.

Financial Policie s
The Town of Colma's Policies are online and adopted as part of the Colma Administrative Code.

Below is a list of policies that pertains to finance, directly.

Colma Administrative Code 4.01: Budget Procedures and Reserve Polices https://www.colma.ca.gov/documents/cac-4-01-budget-procedures-reserve-policy/ Beginning on page 2 of the policy details the responsibility of the City Manager, content of the proposed budget, the process for budget adoption, and the process for budget amendments and adjustments. Beginning on page 6 of the policy details the reserve policy and the procedure to use and replenish the reserves.

Colma Administrative Code 4.02: Investment Policy
https://www.colma.ca.gov/documents/cac-4-02-investment-policy/

Appendix |GANN Limit, Staffing, Fund Descriptions, & Financial Policies 183 The purpose of the investment policy is to provide directions on how to invest public funds in a manner which will provide safety, liquidity, and yield through a diversified investment portfolio. The policy is reviewed annually and updated as needed.

Colma Administrative Code 4.03: Grants & Donations
https://www.colma.ca.gov/documents/cac-4-03-grants-donations/ The purposes of the grants and donation policy is to establish policies and procedures for assuring that all grants for charitable purposes are lawful and for establishing a fair and efficient process for reviewing and approving requests for grants or donations by the Town.

Colma Administrative Code 4.04: Banking Authority
https://www.colma.ca.gov/documents/chapter-4-04-banking-authority/ The purpose of the banking authority policy is to document the signing authority, transfer authority, and the internal control surrounding Town;s depositary accounts.

Appendix | Glossary & Resolutions 184
Glossary & Reso

Glossary of Terms
A
AB - Assembly Bill.

ABAG - Association of Bay Area Governments.

ABC - Alcoholic Beverage Control.

Accounting System - The total set of records and procedures used to record, classify, and report information on the financial status and operations of an entity.

Accrual Basis of Accounting - A method of accounting in which revenues are recorded when measurable and earned, and expenses are recognized when a good or service is used.

Activity - A unit of budgetary accountability and control that encompasses specific and distinguishable lines of work performance for the purpose of accomplishing a function for which the Town is responsible.

ADA - See Americans with Disabilities Act.

ADC - Actuarially Determined Contribution. Minimum annual contribution, as determined based on actuarial assumptions, to pay off OPEB or Pension liabilities.

Adopted Budget - The budget document formally approved by the City Council, often referred to as the original budget.

Ad-valorem - According to value.

Amended Budget - An adopted budget, after it has been changed (or adjusted) by the City Council.

An example of an amended budget is when the City Council adopts changes in expenses and revenues of a specific item or project or a series of items and projects during the M id-Year Budget process. (See Budget Adjustment)
Americans with Disabilities Act (ADA) - A 1990 law that gives federal civil rights protections to individuals with disabilities similar to those provided to individuals on the basis of race, color, sex, national origin, age, and religion. It guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, State and local government services, and telecommunications.

Appendix | Glossary & Resolutions 185
Appropriation - A legal authorization granted by the City Council to make expenditures or enter into obligations for specific purposes.

Appropriation Limit (Gann Limit) - A mandated calculation of how much the Town is allowed to expend in one fiscal year. It is mandated on government agencies within California by Article XIII B of the California Constitution. The amount of appropriation subject to the limit is the budgeted proceeds of taxes. Some examples of proceeds of taxes are sales and property taxes. The total of these budgeted revenues cannot exceed the total appropriations limit. Annually, local governments may increase the appropriations limit by a factor comprised of the change in population combined with the California inflation rate as determined by the State Finance Department.

APWA - American Public Works Association.

ARC - Actuarial Required Contribution. The term changed to Actuarially Determined Contribution, per GASB 75.

Assessed Valuation - A valuation set upon real estate or other property by the San Mateo County Assessor and the State as a basis for levying taxes.

Assigned Reserve - The spendable amounts set aside for specific purposes or contingencies authorized by resolution of the City Council.

Authorized Positions - Positions approved by the City Council which may or may not have funding. (See Budgeted Positions)
Audit - A review of the Town’s accounts by an independent accounting firm to verify that the Town’s financial statements accurately reflect its financial position.

B
BAAQMD - Bay Area Air Quality Management District.

Balanced Budget - A balanced budget exists when the total projected inflow of resources is equal to, or greater than, the total projected outflow of resources. The inflow of resources includes current year revenues, future grant receivable, and use of reserves as approved by City Council.

BART - Bay Area Rapid Transit.

Base Budget - Those resources necessary to meet an established and existing service level.

Basis of Budgeting - The method used for recognizing revenues and expenditures in the budget.

The Town uses the modified accrual basis of accounting for budgetary purposes, which is in compliance with Generally Accepted Accounting Principles (GAAP).

BCDC - Bay Conservation and Development Commission.

Beginning Fund Balance - Resources available in a fund from the end of the prior year for use in the following year.

Benefits - See Fringe Benefits.

Bond - A written promise to pay a specified sum of money, called the face value of principal amount, at a specified date or dates in the future, together with the periodic interest at a specified rate issued by a city to raise capital funds.

Appendix | Glossary & Resolutions 186
Budget - A planning and controlling document for financial operation with estimates of proposed expenditures and revenues for a given period of time, usually one year. A plan expressed in figures.

Budget Adjustment - A change of expenditures levels and corresponding resources needed to accomplish an existing service level or unanticipated service. All budget adjustments are reflected in the current year budget and are approved by the City Council.

Budget Calendar - The schedule of key dates or milestones that a city follows in the preparation and adoption of the budget.

Budget Highlights - Portion of department narrative in the budget that focuses on key changes in the budget from the previous year.

Budget Message - A general written descripti on summarizing the proposed budget. The budget message explains principal budget issues against the background of financial experience in recent years and presents recommendations made by the City Manager.

Budget Stabilization Reserve - Monies set aside, s ometimes called a rainy day fund, that can be used to assure continuity of Town operations when tax revenues temporarily decline as the result of a recession, the loss of a major taxpayer or other similar circumstance.

Budgeted Capital Project - Existing or new Capital Projects that have funding available in the current fiscal year. Work on these projects will continue during this year's budget.

Budgeted Positions - The number of full -time equivalent positions to be funded in the budget.

Example: Funding of two half -time positions would equal one full -time equivalent position. (See Authorized Positions).

C
C/CAG - City/County Association of Governments of San Mateo County.

CAD/RMS - Computer Aided Dispatch and Records Management System.

CAFR - Comprehensive Annual Financial Report.

Cal BIG - California Building Inspection Group.

CALBO - California Building Officials.

CalPERS - See PERS.

CAP - Climate Action Plan.

CAPE (General Government) – Community Action Plan for Emergencies (Colma’s CERT Program).

Capital Improvements - A permanent major addition to the Town’s real property assets including the design, construction, purchase or major renovation of land, buildings or facilities including major landscaping and park improvements.

Capital Improvement Program ( CIP) - A plan for capital expenditures and the means of financing them, to be incurred each year over a fixed period of years, to meet capital needs arising from a long- term plan. (See Capital Improvements)

Appendix | Glossary & Resolutions 187
Capital Outlay - Routine capital expenditures for the acquisition of capital assets. These items are included in almost every budget and do not have a significant impact on the operating budget. The Town’s capitalization limit is $10,000. (See Fixed Asset) Capital Project - All related expenditures for a public improvement project.

Capital Project Fund - Resources transferred from the General Fund to complete a capital improvement project.

Cardroom Tax - A permit tax imposed on gambling establishment operations in the Town of Colma.

The tax is a general tax with the proceeds going to the General Fund. The tax requires each person operating a gambling establishment to pay a monthly tax which is a combination of a set fee and a percentage of gross revenues on a sliding scale set by Town ordinance.

CASp - Certified Access Specialist.

CAT - Community Action Teams.

CEQA - California Environmental Quality Act.

CERT - Community Emergency Response Team.

Certificates of Participation (COPs) - A method of raising funds collateralized by leases between a lessor and a government agency. Payments are funded with annual appropriations made by the government agency (in this case the Town) to the lessor. COPs are typically used for capital leases for large projects where the financing amount exceeds several million dollars.

Charges for Service - See Fees.

CIP - See Capital Improvement Program.

Climate Action Plan - A Climate Action Plan or a CAP is a detailed and strategic framework for measuring, planning, and reducing Greenhouse Gas (GHG) emissions and related climatic impacts.

Climate Action Plans include an inventory of existing GHG emissions, reduction goals or targets, and prioritized measures and programs to reduce GHG emissions and climate impacts to target levels set by the City Council.

Closed Capital Project - Capital Projects that have been completed or closed out. These projects will only appear in fut ure Capital Improvement Budgets if they have project expenditures during the prior three years.

COLA - See Cost of Living Adjustment.

Committed Reserve - The spendable amounts set aside to meet the Town’s long-term obligations.

Competitive Bidding - Transparent procurement method in which bids from competing contractors, suppliers, or vendors are invited by openly advertising the scope, specifications, and terms and conditions of the proposed contract as well as the criteria by which the bids will be evaluated.

Competitive bidding aims at obtaining goods and services at the lowest prices by stimulating competition, and by preventing favoritism.

Consultants - Outside individuals who provide advice or services.

Contractual - A type of expenditures. Usually, a professional consulting service involving a contract for one or more years.

Appendix | Glossary & Resolutions 188
COP Town Hall Fund - Project expenses which were financed by Certificate of Participation (COP) debt financing.

COPs - (debt) Certificates of Participation.

COPS - (grant) Citizens Option for Public Safety. See Supplemental Law Enforcement Services Fund.

Cost Accounting - The branch of accounting that provides for the assembling and recording of all the elements of cost incurred to accomplish a purpose, to carry on an activity or operation, or to complete a unit of work or a specific job.

Cost of Living Adjustment (COLA) - A scheduled percentage adjustment to wages, which is based upon the terms of labor agreements as approved by an action of the City Council.

Cost of Services - Payments made by customers for publicly provided services that benefit specific individuals and exhibit "public good" characteristics. They include fees such as recreation fees, building permit fees and planning fees.

CPI - Consumer Price Index.

CPOA - California Peace Officers’ Association.

CPR - Cardiopulmonary Resuscitation.

CPRS - California Park and Recreation Society.

CPUC - California Public Utilities Commission.

CSMFO - California Society of Municipal Financial Officers.

CSO - Community Service Officer.

D
Debt Service - Actual cost of interest and principal on debt.

Debt Service Fund - A fund established for the payment of principal and interest on debt other than payable exclusively from special assessments.

Deficit - The excess of expenditures over revenues during an accounting period.

Department - An organizational unit comprised of divisions or programs. It is possible for a department to be comprised of only one division.

Department Description - A list of the typical activities of programs.

Department Function - Category of work performed. The Town has five major categories: General Government, Recreation, Public Works, Public Safety and Planning.

Discretionary Revenues - Money that the City Council has the authority to allocate for any purpose.

Often refers to the General Fund, as opposed to special or Restricted Use Funds.

Division - A functional grouping of related activities within a department. There are usually sev eral activities within a division. (See Activity)

Appendix | Glossary & Resolutions 189
DUI - Driving Under the Influence.

E
Economic Development - Efforts that seek to improve the economic well-being and quality of life for a community by creating and/or retaining jobs and supporting or growing incomes and the tax base.

Encumbrance - An obligation in the form of a purchase order or contract.

Enterprise Fund - A fund established to account for operations that are financed and operated in a manner similar to private business enterprises, where t he intent of the City Council is that the costs of providing services to the general public on a continuing basis be financed or recovered primarily through user charges, i.e., water utility, parking system.

EOC - Emergency Operations Center.

ERAF - Educational Revenues Augmentation Fund. A shift of property tax revenues from local agencies (cities, counties, special districts) to the State.

Expenditures - Designates the cost of goods delivered or services rendered, whether paid or unpaid.

Where accounts are kept on the accrual or modified accrual basis of accounting, costs are recorded when goods are received or services rendered. Where accounts are kept on a cash basis, expenditures are recognized when the cash payments are made.

F
FBI - Federal Bureau of Investigation.

Fees - A charge to cover the cost of services (e.g. building inspection fee, zoning fee, etc.) sometimes referred to as Charges for Service.

FEMA - Federal Emergency Management Agency.

FF&E - Furniture, Fixtures and Equipment.

FHA - Fair Housing Act.

Fiscal Accountability - The responsibility of governments to justify that their actions in the current period have complied with public policy decisions concerning the raising and spending of public moneys in the short term (usually one budgetary cycle or one year).

Fiscal Year - A twelve-month period of time to which the budget applies. For the Town of Colma and many local government agencies, this period is from July 1 through June 30.

Fixed Asset - A tangible item of a long- term character such as land, buildings, furniture, and other equipment with a unit cost in excess of $10,000. (See Capital Outlay) Fleet Replacement Fund - An internal service fund used to accumulate funds over time to provide for the replacement of the Town fleet.

FLSA - Fair Labor Standards Act.

FMLA - Family Medical Leave Act.

Appendix | Glossary & Resolutions 190
FPPC - Fair Political Practices Commission.

Fringe Benefits - Benefits to Town employees, in addition to salaries, paid by the Town. These benefits include pensions, workers’ compensation, unemployment insurance, health club membership, and life and health insurance.

FTE - See Full-Time Equivalent.

Full-Time Equivalent (FTE) - One or more employee positions totaling one full year of service or approximately 2,080 hours a year.

Full Cost Recovery - Recovering or funding the full costs of a project or service, typically through a user fee. In addition to the costs directly associated with the project, such as staff and equipment, projects will also draw on the rest of the organization. For example, adequate finance, human resources, management, and IT systems are also integral components of any project or service.

Fund - A self-balancing set of accounts. Governmental accounting information is organized into funds, each with separate revenues, expenditures and fund balances.

Fund Balance - The difference between fund assets and fund liabilities in a gover nmental or trust fund. Changes in fund balances are the result of the difference of revenues to expenditures. When revenues exceed expenditures in a given period, fund balance increases and when expenditures exceed revenues, fund balance decreases.

Funding Source - Identifies fund(s) that will provide resources for Town expenditures.

FY - See Fiscal Year.

G
GAAP - See Generally Accepted Accounting Principles.

Gann Limit - See Appropriation Limit.

Gas Tax Fund - Fund required by State law to account for gas tax revenues received from the State and expended for construction and maintenance of Town streets.

GASB - See Governmental Accounting Standards Board.

GASB Statement No. 34 - Requires state and local governments to produce financial statements on an accrual basis, in much the same manner as private sector businesses. The objective is to enhance the understandability and usefulness of the financial reports of state and local governments to the public, legislative and oversight bodies, and investors and creditors.

GASB Statement No. 45 - Requires the measurement and recognition criteria for other Post Employment Benefits (OPEB) for reporting purposes. The objective is to recognize the cost of benefits, provide information on related liabilities and provide information for assessing fiscal health for future periods.

GASB Statement No. 54 - Intended to improve the usefulness of the amount reported in fund balance by providing a more structured classification. It also clarifies the definition of existing governmental fund types.

Appendix | Glossary & Resolutions 191
GASB Statement No. 68 - Improves accounting and financial reporting by state and local governments for pensions. It establishes standards for measuring and recognizing liabilities and expenditures and identifies the methods and assumptions that should be used to calculate those liabilities and expenditures.

GASB Statement No. 75 - Improves accounting and financial reporting by state and local governments for post-employment benefits other than pensions (other post -employment benefits or OPEB) such as retiree medical and retiree dental benefits. It also improves information provided by state and local governmental employers about financial support for OPEB.

Generally Accepted Accounting Principles (GAAP) - Uniform standards used by state and local governments for financial recording and reporting; established by the accounting profession through the Governmental Accounting Standards Board.

General Fund - The primary fund of the Town used to account for all revenues of the Town not legally restricted as to use and related expenditures.

General Fund Reserves - The balance of all general funds not otherwise appropriated (budgeted) or accounted for, such as the allocated reserves Council set aside for Litigation, Insurance, Disaster Preparedness, Employee Benefits and Operations.

General Plan - A plan of a city, county or area which establishes zones for different types of development, uses, traffic patterns, and future development.

General Revenues - General sources of income a city collects an d receives for public use (e.g. property tax). There are no restrictions as to the use of these monies - often referred to as Discretionary Revenues. General Revenues comprises the General Fund.

GF - See General Fund.

GFOA - Government Finance Officers Association.

GHG - Greenhouse Gas emissions.

GIS - Geographic Information System. A Geographic Information System (GIS) is designed to capture, store, manipulate, analyze, manage, and present all types of geographical data. It analyzes the spatial location and organizes layers of information into visualizations using maps. With this unique capability, GIS reveals deeper insights into data, such as patterns, relationships, and situations — helping city departments make better decisions and more effective use of resources.

Goal - An observable and measurable end result having one or more objectives to be achieved within a more or less fixed time frame.

Governmental Accounting Standards Board (GASB) - The body that sets accounting standards specifically for governmental entities at the state and local levels.

Governmental Funds - Self-balancing sets of accounts that are maintained for governmental activities. Financial statements of governmental funds are prepared on the modified accrual basis of accounting and the current financial resource flows method of measurement focus. All of the Town’s funds are in the governmental category. (See Measurement Focus) GP - General Plan.

Grant - A payment of money , often earmarked for a specific purpose or program, e.g. from one governmental unit to another or from a governmental unit to a not-for-profit agency.

Appendix | Glossary & Resolutions 192
Grievance - An actual or supposed circumstance regarded as just cause for complaint. A complaint or protestation based on such a circumstance.

H
HEART - Housing Endowment and Regional Trust.

HOA - Homeowners Association.

HR - Human Resources.

HRA - Human Resources Administration.

HVAC - Heating, Ventilation and Air Conditioning.

I
ICMA - International City/County Management Association.

Infrastructure - All Town-owned facilities supporting the operation of the government agency. It includes streets, roads, bridges, curbs and gutters, parks, water and sewer lines, storm drains, water pump stations and reservoi rs, water wells, sewer lift stations, all government buildings and related facilities.

Interfund Transfers - Monies appropriated from one fund to another fund. This is done to reimburse the fund for expenses or to finance the operation of the other fund.

Internal Service Fund - A fund used to account for the financing of goods or services provided by one department or agency to other departments or agencies of a government on a cost reimbursement basis.

IPM - Integrated Pest Management.

Irrevocable Trust - A type of trust that by its design can't be modified, amended, changed or revoked.

IT - Information Technology.

J
JPA - Joint Powers Agreement.

L
LAFCO - Local Agency Formation Commission.

LAIF - Local Agency Investment Fund.

LAO - Legislative Analyst’s Office.

LCW - Liebert Cassidy Whitmore.

Level of Service - Indicator that measures the performance of a system. Certain goals are defined and the service level gives the percentage to which they should be achieved.

Appendix | Glossary & Resolutions 193
Long Term Debt - Debt with a maturity of more than one year after the date of the issue.

LTD - Long Term Disability.

M
MADD - Mothers Against Drunk Driving.

Mandate (Mandated Services) - A legal requirement, usually imposed by State or Federal law. This term is used to refer to Town services, which are provided to comply with State or Federal laws, such as preparation of the City Council Agenda in compliance with the Brown Act.

Maturities - The dates on which the principal or stated values of investments or debt obligati ons mature and may be reclaimed.

Measure A Fund - Fund used to account for the Town’s per-capita portion of a countywide, voter - approved sales tax increase for improving transit and relieving congestion.

Measure M - Countywide, voter-approved vehicle registration fee, half of which goes to the cities in the county using a pro-rata formula based on population and road miles. The money can be used for pavement resurfacing, pothole repair, signs and striping, traffic signals, street sweeping, storm -inlet cleaning and local shuttles.

Measurement Focus - The accounting convention which determines: (1) which assets and which liabilities are included on the governmental unit's balance sheet; and (2) whether its operating statement presents "financial flow" informat ion ( Revenues and Expenditures) or "capital maintenance" information (Revenues and expenses).

Mid-Year - As of December 31st (mid-point of the fiscal year).

Mid-Year Budget Review - Annual process, which occurs in February, where staff analyzes the revenues and expenditures of the Town through the mid- point of the fiscal year (December 31st), projects the data to the end of the fiscal year (June 30th) and presents the information to Council, along with any recommended budget adjustments.

MMANC - Municipal Management Association of Northern California.

Modified Accrual Basis of Accounting - A form of accrual accounting in which (1) expenditures are recognized when the goods or services are received and (2) revenues, such as taxes, are recognized when measurable and available to pay expenditures in the current accounting period.

MOU - Memorandum of Understanding.

MRP - Municipal Regional Stormwater Permit.

MTC - Metropolitan Transportation Commission.

Municipal Code - A book that contains City Council approved ordinances presently in effect. The Code defines Town law in various categories. (See Ordinance) N
National Pollution Discharge Elimination System (NPDES) - A policy set forth by the Environmental Protection Ag ency, under the 1987 Federal Clean Water Act, imposing regulations

Appendix | Glossary & Resolutions 194
that mandate local governments to control and reduce the amount of stormwater pollutant runoff into receiving waters.

Non-recurring Costs - One-time activities for which the expenditures should be budgeted only in the fiscal year in which the activity is undertaken.

Non-spendable Fund Balance - The amounts associated with inventories, prepaid expenses and other items legally or contractually required to be maintained intact.

NorCalHR - Northern California Municipal Human Resources Managers Group.

NPDES - See National Pollution Discharge Elimination System.

NSMCD - North San Mateo County Sanitation District.

O
OBF - On-Bill Financing.

Objectives - Desired results of the activities of a program.

OES - Office of Emergency Services.

OPEB - Other Post-Employment Benefits.

Operating Budget - A programmatic, financial, and organizational plan for furthering the goals of the City Council through departments of the Town, which does not include capital improvement projects.

Operating Expenses - Expenses incurred as a result of day-to-day operations.

Operational Accountability - Governments’ responsibility to report the extent to which they have met their operating objectives efficiently and effectively, using all resources available for that purpose, and whether they can continue to meet their objectives for the foreseeable future.

Ordinance - A formal legislative enactment by the City Council. It has the full force and effect of law within the City boundaries unless it is in conflict with any higher form of law, such as a State statute or consti tutional provision. An ordinance has higher legal standing than a resolution. Adopted ordinances form the Municipal Code. (See Municipal Code) P
PCI - Pavement Condition Index.

PCJPB - Peninsula Corridor Joint Powers Board (Also known as Caltrain Board) PELRA - Public Employers Labor Relations Association.

PEMHCA - Public Employees Medical and Hospital Care Act.

PERS - Public Employees Retirement System. A pension plan administered by the State of California for government agencies. (Also known as CalPERS).

Appendix | Glossary & Resolutions 195
Performance Measures - Indicators used in budgets to show, for example, (1) the amount of work accomplished, (2) the efficiency with which tasks were completed, and (3) the effectiveness of a program, which is often expressed as the extent to which objectives were accomplished.

Personnel Expenditures - Salaries, wages and benefits paid to employees.

PMP - Pavement Management Plan.

Police Grants Fund - Revenues associated with Police grants that have restricted uses and may be ongoing, for example, SLESF.

POST - Police Officer Standards and Training.

Priority Area - A category of Town services, such as Economic Development, Long Range Financial Plan or Neighborhoods which the City Council selects as an area of focus for staff in the coming fiscal year.

Program - Plan of action aimed at accomplishing a clear objective, with details on what work is to be done, by whom, when, and what means or resources will be used.

Program Revenues - Revenues received by a department as a result of the services or operations of that department (such as user fees), and generally used to finance the related services or programs.

Property Tax - A tax on the assessed value of property. California State Constitution Article XIII A provides that the combined maximum property tax rate on any given property equal to 1% of its assessed value unless an additional amount has been approved by voters for special taxes or general obligation bonds. San Mateo County remits the Town’s share, including all penalties and interest.

Proposed Budget - The working document for the fiscal year under discussion.

PTAF - Property Tax Assessment Fee.

Public Employee Retirement System - See PERS.

Public Safety Grants Fund - Revenues associated with one-time or limited term Police Grants that have restricted uses.

PW - Public Works.

R
Real Estate Transfer Tax - A tax on the value of property transferred, currently levied at a rate of $0.275 per $500. San Mateo County collects the tax and the Town receives the revenues. Revenues are dependent on how frequently the property is transferred and on the accrued value at the time of transfer.

Records Management System (RMS) - A system that automates the storage of current documents and important records of the Town (documents, agendas, minutes, reports, maps and vital records) to facilitate quick and easy access to these records using software and other technologies.

Request for Proposal (RFP) - Part of a procurement process which is frequently associated with obtaining professional or specialized services or goods. Vendors are invited to respond with a description of services and associated costs. The agency evaluates responses to determine the response which most closely meets the stated needs in a cost-effective manner.

Appendix | Glossary & Resolutions 196
Reserve - An account used to designate a portion of the fund balance as legally segregated for a specific use, i.e., General Fund Reserve.

Reserve Policy - A Council adopted set of principles which establish an appropriate minimum level of reserves and specify how reserves can be used.

Resolution - A special order of the City Council that requires less legal formality than an ordinance in terms of public notice and the number of public readings prior to approval.

Restricted Use Funds - Funds designated for use for a specific purpose.

Revenues - Income from all sources used to pay Town expenses.

RFP - See Request for Proposal.

RHNA - Regional Housing Needs Assessment.

Risk Management - An organized attempt to protect a government’s assets against accidental loss in the most economical method.

RMS - See Records Management System.

ROW - Right-Of-Way.

RWQCB - Regional Water Quality Control Board.

S
Salaries and Wages - A fixed monthly or hourly sum paid to an employee.

Sales Tax - Taxes assessed on retail sales or leases of tangible personal property in the Town. The Town receives one percent of the 8.25% San Mateo County sales tax.

SAMCAT - San Mateo County Telecommunications Authority.

SamTrans - San Mateo County Transit District.

SB - Senate Bill.

Secured Taxes - Taxes levied on real properties in the Town which are “secured” by liens on the properties.

SFPUC - San Francisco Public Utilities Commission.

SLESF - See Supplemental Law Enforcement Services Fund.

SLPP - State-Local Partnership Program.

SMC - San Mateo County.

SMIP - San Mateo County Investment Pool.

Special Revenues Fund - A fund that accounts for the use of revenues that are legally restricted to expenditures for specific purposes.

Appendix | Glossary & Resolutions 197
SSAR - Systemic Safety Analysis Report Program. A grant program estab lished by the State Department of Transportation (Caltrans) in 2016. The purpose of this grant is to study deficiencies in a government agency's roadway network including sidewalks, bike paths, crosswalks, accessibility barriers and streetlights and recommend corrective measures to correct the problems.

SSF – City of South San Francisco.

SSO - Sanitary Sewer Overflow.

STEP - Saturation Traffic Enforcement Program.

STOPP - Stormwater Pollution Prevention Program.

Strategic Plan - Plan of action aimed at accomplishing a clear objective, with details on what work is to be done, by whom, when, and what means or resources will be used.

Strategic Planning - A comprehensive and systematic management tool designed to help organizations assess the current environment, increase effectiveness, develop commitment to the organization’s mission and achieve consensus on strategies and objectives for achieving that mission.

The focus is on aligning organizational resources to bridge the gap bet ween present conditions and the envisioned future. The organization’s objectives for a strategic plan will help determine how available resources can be tied to future goals.

Supplemental Assessment - An assessment of real property occurring after the real property lien date of January 1st of each year as a result of new construction or a change in ownership. The San Mateo County Assessor determines the new value of the property based on current market values, and then calculates the difference between the new value and the value set on January 1st.

Supplemental Law Enforcement Services Fund (SLESF) - A component of the Citizens’ Option for Public Safety (COPS) program which provides grants to every city and county and five special districts that provide law enforcement in the State of California. SLESF funds are allocated among cities and counties and special districts that provide law enforcement services in proportion to population, except that each agency is to be allocated a minimum of $100,000. The Town of Colma receives the minimum allocation.

Supplies and Services - Expenditures for materials, supplies and related services which are ordinarily consumed within a fiscal year.

SWAT - Special Weapons And Tactics.

T
Tax Levy - Amount of tax dollars raised by the imposition of the tax rate on the assessed valuation of property.

Tax Equity Allocation - The amount of property taxes payable to the Town under a special law to assist cities that otherwise would receive low or no property taxes.

TDM - Transportation Demand Management.

TEA - Tax Equity Allocation.

TLC - Transportation for Livable Communities.

Appendix | Glossary & Resolutions 198
TMA - Training Managers Association.

Transportation Grants Fund - Fund used to account for one-time transportation grants awarded by Federal, State and Regional agencies, and the associated expenditures.

U
UBC - Uniform Building Code.

Unassigned Reserve - The amount of spendable fund balance that is not otherwise appropriated.

Unencumbered Appropriation - The portion of an appropriation not yet expended or encumbered.

Unfunded Capital Project - Capital Projects that are Town priorities but are currently without budgeted funds. Unfunded Capital Projects will be reviewed annually during the Town Budget process to see if funds are available for their design and construction and if these projects are ready to move from the Unfunded Capital Projects list to the Budgeted Capital Projects list.

Unfunded Position - Positions that are authorized but funding is not provided.

Unsecured Taxes - An ad-valorem (value-based) property tax that is the liability of the person or entity assessed for the tax. Because the tax is not secured by real property (such as land) the tax is called "unsecured."
Useful Life - An accounting term defined as the number of years, as set by the IRS, that depreciable business equipment or property is expected to be in use.

W
Way-finding - Information systems and signage that guide people through a physical environment and enhance their understanding and experience of the area or space.

Y
Year-End - As of June 30th (end of fiscal year).

Resolutions
Budget Adoption

Available after June 8, 2022
GANN L imit

Appendix | Glossary & Resolutions 199

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 document, should direct such a request to Pak Lin, Administrative Services Director, at 650- 997-8300 or Please allow two business days for your request to be processed.

F Street Retaining Wall Improvement Project
June 8, 2022. Page 1 of 4

STAFF REPORT
T
O: Mayor and Members of the City Council
FROM: Brad Donohue, Director of Public Works, CSG
Dave Bishop, Project Manager
VIA: Brian Dossey, City Manager
MEETING DATE: June 8, 2022
SUBJECT: F Street Retaining Wall Improvement Project – Bid Package Approval

RECOMMENDATION
Staff recommends that the City Council adopt the following:

MOTION TO APPROVE THE BID DOCUMENT PACKAGE , AUTHORIZE STAFF TO

ADVERTISE THE NOTICE INVITING BIDS FOR THE F STREET RET AINING WALL

IMPROVEMENT PROJECT, AND AUTHORIZE THE CITY MANAGER TO APPROVE CHANGES

TO THE PLAN DOCUMENTS AS NEEDED OR REQUIRED

EXECUTIVE SUMMARY
At the July 28 th, 2021, City Council Meeting, plans and specifications for the F Street Wall Improvement Project was approved. At the October 13, 2021, City Council Meeting , staff recommended that City Council reject all bids due to the lack of interest in bidding the project.

During the time of rejecting the bids, staff was able to “Value Engineer” portions of the project to hopefully bring the overall cost of the project down. New project plans and bid specifications (“Bid Package”) for the F Street Retaining Wall Improvement Project (“Project”) have now been prepared. Prior to publishing and advertising the Project Bid Package, staff is requesting the City Council review , comment and approve the Project Bid Package p lans and specifications . If approved, staff will proceed with advertising the notice inviting bids in acc ordance 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 contingencies and, construction management).

BACKGROUND
The F Street retaining wall is 18 feet high at its highest point from street level. The wall is considered to be what is called a bin-type concrete retaining wall. Bin-type walls are typically a Item #7
F Street Retaining Wall Improvement Project
June 8, 2022. Page 2 of 4
system of adjoining closed faced sections that is then filled with earth to help gravitationally retain the slope.

Concerns have been raised by the community on the structural stability of the existing retaining wall mainly due to the visible cracks and spalling on the face of the lower wall structure. Staff was asked to evaluate the stability and condition of the retaining wall and to report findings back to the City Council.

In 2019, the Town requested the Town’s Engineering staff to review the existing wall and provide a report with condition assessments and recommendations. Based on the findings of the inspection and condition assessment, staff identified several repair measures to address the wall deficiencies. Repairs consisted of chipping away all unsound concrete, preparing concrete and steel surfaces and placing an epoxy concrete patch material. Cracks will be pressure injected with epoxy to seal the crack and prevent water intrusion and corrosion of the reinforcement. Enhanced drainage is now implemented into the project to divert water from behind and then relieve hydrostatic water buildup and undo pressure against the wall.

ANALYSIS
A City Council Study Session was held on July 14, 2021 , to discuss the current condition of the retaining wall and to receive feedback and comments from the City Council and members of the public. It was noted in the meeting that the wall was experiencing some deterioration of the concrete structure but was still considered to be stable and safe. If left unattended, deterioration would likely worsen to the point where rehabilitation of the e xisting wall would no longer be an option and would require complete replacement. Because the current condition of the retaining wall is repairable; plans, specifications and an engineer’s estimate have been completed for long term repairs to the deteriorated parts of the retaining wall.

The various wall repairs consist of:
• Removing the concrete spalling (areas of the wall where the concrete surfacing is chipping away), removing any unsound concrete around the exposed rebar, cleaning and preparing and patching with high pressure concrete; and
• Exposing and cleaning cracks (Any crack over 1/16 inch) and injecting epoxy seal; and • Providing drainage enhancements so that surface water can be diverted, and proper drainage facilities are constructed to channel water away from the wall and adjacent properties.
• Paint wall, (upper and lower wall surfaces) to accept future public art considerations.

Other items that came from the City Council Study Session , (July 2021) that are included in the plans and specifications are:
• Community outreach when construction will start and potential impacts; and • Additive alternate bid items for different finishes for the wall, such as a smooth wall surface that can support a platform for community art, or a stucco finish; and F Street Retaining Wall Improvement Project
June 8, 2022. Page 3 of 4
• An annual maintenance program to help preserve the wall , this action item may be established after the wall rehabilitation is complete.
• Repair/enhance storm drain inlet at bottom of retaining wall. (this will be assessed once the contract is awarded and the contractor is on site, design build feature) Upon review and feedback from the City Council, staff will make all revisions directed by the City Council and proceed with advertising the Project bid package. Staff and the project management team will continue to update the City Council and the City Manager regarding the bidding process.

The proposed project schedule is as follows:

June 8, 2022: Approve PS&E Package and authorize to release bid package June 20, 2022: Advertise Project.

Mid-July 2022: Pre-Bid Meeting
August 24, 2022 Award Construction Contract, (If City Council is in session) September 2022:

Late Dec./Early Jan 2023.

Start Construction
End of Construction

ALTERNATIVES

The City Council could choose to postpone the project to a later date. However, this option is not recommended, as additional deterioration could take place reducing the ability to repair the wall, leaving full wall replacement as the only option.

Council Adopted Values
The proposed action is consistent with the City Council ’s value of being responsible . Repair of the wall will keep homeowners and businesses in the area of the F Street Retaining Wall safe from wall failure in the future. The City Council also will exhibit fiscal responsibility by expensing a fraction of cost to rehabilitate in lieu of replacement of the wall . City Council has taken a visionary approach and expressed an interest in providing an opportunity to the community to use portions of the retaining wall surface as a canvas for a community art program.

CONCLUSION
Staff seeks Council’s motion to approve the Bid Package, authorize advertisement of the noticing inviting bids for the Project, and authorize the City Manager to appro ve minor changes and or additions as needed or required.

F Street Retaining Wall Improvement Project
June 8, 2022. Page 4 of 4

ATTACHMENTS
A. Bid Documents - Plans
B. Bid Documents - Specifications
\\Server2.csg.loc\Clients\DESIGN\21-356-1 Colma Wall F Street\CAD\Advert 2 90% PLANS May 2022\01_TITLE.dwg@ 03:15:46 PM 05/25/22 @ 03:15:46 PMPlotted on:
®
Know what's below.

Call before you dig.

COLMA

TOWN HALL
Attachment A
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\\Server2.csg.loc\Clients\DESIGN\21-356-1 Colma Wall F Street\CAD\Advert 2 90% PLANS May 2022\03_DETAILS.dwg@ 03:15:59 PM 05/25/22 @ 03:15:59 PMPlotted on:®Know what's below. Call before you dig.

Construction Best Management Practices (BMPs)
Construction projects are required to implement the stormwater best management practices (BMP) on this page, as they apply to your project, all year long.

Non-Hazardous Materials
Berm and cover stockpiles of sand, dirt or other construction material ‰ with tarps when rain is forecast or if not actively being used within 14 days.

Use (but don’t overuse) reclaimed water for dust control. ‰ Hazardous Materials
Label all hazardous materials and hazardous wastes (such as ‰ pesticides, paints, thinners, solvents, fuel, oil, and antifreeze) in accordance with city, county, state and federal regulations.

Store hazardous materials and wastes in water tight containers, store ‰ in appropriate secondary containment, and cover them at the end of every work day or during wet weather or when rain is forecast.

Follow manufacturer’s application instructions for hazardous ‰ materials and be careful not to use more than necessary. Do not apply chemicals outdoors when rain is forecast within 24 hours.

Arrange for appropriate disposal of all hazardous wastes. ‰ Waste Management
Cover waste disposal containers securely with tarps at the end of ‰ every work day and during wet weather.

Check waste disposal containers frequently for leaks and to make ‰ sure they are not overfi lled. Never hose down a dumpster on the construction site.

Clean or replace portable toilets, and inspect them frequently for ‰ leaks and spills.

Dispose of all wastes and debris properly. Recycle materials and ‰ wastes that can be recycled (such as asphalt, concrete, aggregate base materials, wood, gyp board, pipe, etc.)
Dispose of liquid residues from paints, thinners, solvents, glues, and ‰ cleaning fl uids as hazardous waste.

Construction Entrances and Perimeter
Establish and maintain effective perimeter controls and stabilize all ‰ construction entrances and exits to suffi ciently control erosion and sediment discharges from site and tracking off site.

Sweep or vacuum any street tracking immediately and secure ‰ sediment source to prevent further tracking. Never hose down streets to clean up tracking.

Materials & Waste Management Equipment Management &
Spill Control
Maintenance and Parking
Designate an area, fi tted with appropriate BMPs, for ‰ vehicle and equipment parking and storage.

Perform major maintenance, repair jobs, and vehicle ‰
and equipment washing off site.

If refueling or vehicle maintenance must be done ‰
onsite, work in a bermed area away from storm drains
and over a drip pan or drop cloths big enough to collect fl uids. Recycle or dispose of fl uids as hazardous waste.

If vehicle or equipment cleaning must be done onsite, ‰ clean with water only in a bermed area that will not
allow rinse water to run into gutters, streets, storm
drains, or surface waters.

Do not clean vehicle or equipment onsite using soaps, ‰ solvents, degreasers, or steam cleaning equipment.

Spill Prevention and Control
Keep spill cleanup materials (e.g., rags, absorbents and ‰ cat litter) available at the construction site at all times.

Inspect vehicles and equipment frequently for and ‰
repair leaks promptly. Use drip pans to catch leaks
until repairs are made.

Clean up spills or leaks immediately and dispose of ‰
cleanup materials properly.

Do not hose down surfaces where fl uids have spilled. ‰ Use dry cleanup methods (absorbent materials, cat
litter, and/or rags).

Sweep up spilled dry materials immediately. Do not ‰
try to wash them away with water, or bury them.

Clean up spills on dirt areas by digging up and ‰
properly disposing of contaminated soil.

Report signifi cant spills immediately. You are required ‰ by law to report all signifi cant releases of hazardous
materials, including oil. To report a spill: 1) Dial 911 or your local emergency response number, 2) Call the
Governor’s Offi ce of Emergency Services Warning
Center, (800) 852-7550 (24 hours).

Earthmoving
Schedule grading and excavation work ‰
during dry weather.

Stabilize all denuded areas, install and ‰
maintain temporary erosion controls (such
as erosion control fabric or bonded fi ber
matrix) until vegetation is established.

Remove existing vegetation only when ‰
absolutely necessary, and seed or plant
vegetation for erosion control on slopes
or where construction is not immediately
planned.

Prevent sediment from migrating offsite ‰
and protect storm drain inlets, gutters,
ditches, and drainage courses by installing
and maintaining appropriate BMPs, such
as fi ber rolls, silt fences, sediment basins,
gravel bags, berms, etc.

Keep excavated soil on site and transfer it ‰
to dump trucks on site, not in the streets.

Contaminated Soils
If any of the following conditions are ‰
observed, test for contamination and
contact the Regional Water Quality
Control Board:

Unusual soil conditions, discoloration, -
or odor.

Abandoned underground tanks. -
Abandoned wells -
Buried barrels, debris, or trash. -
Discharges of groundwater or captured ‰
runoff from dewatering operations must
be properly managed and disposed. When
possible send dewatering discharge to
landscaped area or sanitary sewer. If
discharging to the sanitary sewer call your
local wastewater treatment plant.

Divert run-on water from offsite away ‰
from all disturbed areas.

When dewatering, notify and obtain ‰
approval from the local municipality
before discharging water to a street gutter
or storm drain. Filtration or diversion
through a basin, tank, or sediment trap
may be required.

In areas of known or suspected ‰
contamination, call your local agency to
determine whether the ground water must
be tested. Pumped groundwater may need
to be collected and hauled off-site for
treatment and proper disposal.

Dewatering
Avoid paving and seal coating in wet ‰
weather or when rain is forecast, to
prevent materials that have not cured
from contacting stormwater runoff.

Cover storm drain inlets and manholes ‰
when applying seal coat, tack coat, slurry
seal, fog seal, etc.

Collect and recycle or appropriately ‰
dispose of excess abrasive gravel or sand.

Do NOT sweep or wash it into gutters.

Do not use water to wash down fresh ‰
asphalt concrete pavement.

Sawcutting & Asphalt/Concrete Removal
Protect nearby storm drain inlets when ‰
saw cutting. Use fi lter fabric, catch basin
inlet fi lters, or gravel bags to keep slurry
out of the storm drain system.

Shovel, abosorb, or vacuum saw-cut ‰
slurry and dispose of all waste as soon
as you are fi nished in one location or at
the end of each work day (whichever is
sooner!).

If sawcut slurry enters a catch basin, clean ‰
it up immediately.

Store concrete, grout, and mortar away ‰
from storm drains or waterways, and on
pallets under cover to protect them from
rain, runoff, and wind.

Wash out concrete equipment/trucks ‰
offsite or in a designated washout
area, where the water will fl ow into a
temporary waste pit, and in a manner
that will prevent leaching into the
underlying soil or onto surrounding areas.

Let concrete harden and dispose of as
garbage.

When washing exposed aggregate, ‰
prevent washwater from entering storm
drains. Block any inlets and vacuum
gutters, hose washwater onto dirt areas, or
drain onto a bermed surface to be pumped
and disposed of properly.

Painting Cleanup and Removal
Never clean brushes or rinse paint ‰
containers into a street, gutter, storm
drain, or stream.

For water-based paints, paint out brushes ‰
to the extent possible, and rinse into a
drain that goes to the sanitary sewer.

Never pour paint down a storm drain.

For oil-based paints, paint out brushes to ‰
the extent possible and clean with thinner
or solvent in a proper container. Filter and
reuse thinners and solvents. Dispose of
excess liquids as hazardous waste.

Paint chips and dust from non-hazardous ‰
dry stripping and sand blasting may be
swept up or collected in plastic drop
cloths and disposed of as trash.

Chemical paint stripping residue and chips ‰
and dust from marine paints or paints
containing lead, mercury, or tributyltin
must be disposed of as hazardous waste.

Lead based paint removal requires a state-
certifi ed contractor.

Painting & Paint Removal
Concrete, Grout & Mortar
Application
Protect stockpiled landscaping materials ‰
from wind and rain by storing them under
tarps all year-round.

Stack bagged material on pallets and ‰
under cover.

Discontinue application of any erodible ‰
landscape material within 2 days before a
forecast rain event or during wet weather.

Landscaping
Paving/Asphalt Work
Storm drain polluters may be liable for fi nes of up to $10,000 per day!

TOWN

OF COLMA

CONTRACT DOCUMENTS AND

SPECIFICATIONS
FOR

F STREET RETAINING WALL REPAIR PROJECT
BID DUE DATE: ________________________
SUBMIT BIDS TO:

TOWN OF COLMA

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

25977.00100\34209346.1

<Month> <Year>

-i- TABLE OF CONTENTS

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

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ARTICLE 31. AWARD PROCESS ...................................................................................... 15 ARTICLE 32. EXECUTION OF CONTRACT ...................................................................... 15 ARTICLE 33. QUESTIONS ................................................................................................ 16 00 41 43 – BID FORMS ............................................................................................................ 17 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 .................................................................................................. 57 ARTICLE 4. CONTRACT DOCUMENTS: COPIES & MAINTENANCE ............................ 58 ARTICLE 5. EXAMINATION OF DRAWINGS, SPECIFICATIONS AND SITE OF WORK ............................................................................................................... 58 ARTICLE 6. MOBILIZATION ............................................................................................ 58 ARTICLE 7. EXISTENCE OF UTILITIES AT THE WORK SITE ........................................ 59 ARTICLE 8. SOILS INVESTIGATIONS ............................................................................ 60 ARTICLE 9. CONTRACTOR’S SUPERVISION ................................................................ 61 ARTICLE 10. WORKERS ................................................................................................... 61 ARTICLE 11. INDEPENDENT CONTRACTORS ................................................................ 61 ARTICLE 12. SUBCONTRACTS ........................................................................................ 61 ARTICLE 13. VERIFICATION OF EMPLOYMENT ELIGIBILITY ........................................ 62 ARTICLE 14. REQUESTS FOR SUBSTITUTION ............................................................... 62 ARTICLE 15. SHOP DRAWINGS ....................................................................................... 63 ARTICLE 16. SUBMITTALS ............................................................................................... 64 ARTICLE 17. MATERIALS ................................................................................................. 64 ARTICLE 18. PERMITS AND LICENSES ........................................................................... 65 ARTICLE 19. TRENCHES .................................................................................................. 65 ARTICLE 20. TRAFFIC CONTROL .................................................................................... 66 25977.00100\34209346.1

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-iii- 00 11 16 – NOTICE INVITING BIDS

ARTICLE 21. DIVERSION OF RECYCLABLE WASTE MATERIALS ................................. 67 ARTICLE 22. REMOVAL OF HAZARDOUS MATERIALS .................................................. 67 ARTICLE 23. SANITARY FACILITIES ................................................................................ 67 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 ....................................................................................... 69 ARTICLE 31. PAYROLL RECORDS; LABOR COMPLIANCE ............................................ 70 ARTICLE 32. PREVAILING RATES OF WAGES ............................................................... 72 ARTICLE 33. PUBLIC WORKS CONTRACTOR REGISTRATION ..................................... 72 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 .................................................. 80 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 .............................................. 105 ARTICLE 51. DOCUMENT RETENTION & EXAMINATION ............................................. 108 ARTICLE 52. SEPARATE CONTRACTS.......................................................................... 108 ARTICLE 53. NOTICE AND SERVICE THEREOF ........................................................... 109 ARTICLE 54. NOTICE OF THIRD PARTY CLAIMS ......................................................... 109 25977.00100\34209346.1

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ARTICLE 55. STATE LICENSE BOARD NOTICE ............................................................ 109 ARTICLE 56. INTEGRATION ........................................................................................... 109 ARTICLE 57. ASSIGNMENT OF CONTRACT ................................................................. 109 ARTICLE 58. CHANGE IN NAME AND NATURE OF CONTRACTOR’S LEGAL ENTITY .................................................................................................................. 109 ARTICLE 59. ASSIGNMENT OF ANTITRUST ACTIONS ................................................. 110 ARTICLE 60. PROHIBITED INTERESTS ......................................................................... 110 ARTICLE 61. CONTROLLING LAW ................................................................................. 110 ARTICLE 62. JURISDICTION; VENUE ............................................................................ 110 ARTICLE 63. LAWS AND REGULATIONS ....................................................................... 110 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 ................................................................................... - 112 - 01 00 00 – GENERAL REQUIREMENTS ........................................................................... - 115 - 02 00 00 TECHNICAL PROVISIONS ................................................................................. - 132 - ARTICLE 1. MOBILIZATION ..................................................................................... - 132 - ARTICLE 2. LEAD COMPLIANCE ............................................................................. - 133 - ARTICLE 3. DEVELOP CONSTRUCTION WATER SUPPLY .................................... - 134 - ARTICLE 4. TRAFFIC CONTROL AND NOTIFICATION ........................................... - 135 - ARTICLE 5. STORMWATER PULUTION PREVENTION PLANERROR! BOOKMARK NOT DEFINED.

ARTICLE 6. STRUCTURE REHABILITATION........................................................... - 143 - ARTICLE 7. DRAINAGE IMPROVEMENTS .............................................................. - 145 - ARTICLE 8. TIMBER RETAINING WALL .................................................................. - 147 - ARTICLE 9. MINOR CONCRETE (REPLACE CONCRETE FLATWORK) ................. - 149 - ARTICLE 10. BID ALTERNATIVE 1 – ARCHITECTURAL PILASTERS (REVOCABLE) ................................................................................................. - 150 - ARTICLE 11. BID ALTERNATIVE 2 – STUCCO FINISH LOWER WALL (REVOCABLE) .............................................. ERROR! BOOKMARK NOT DEFINED.

EXHIBIT “A” CHANGE ORDER FORM .......................................................................... - 153 -53 25977.00100\34209346.1

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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 2pm on ________________, 2022 at the office of the Public Works Department, 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 F Street Retaining Wall Repair Project (the “Project”). At said time, Bids will be publicly opened and read aloud at the Colma Town Hall Lobby . Bids received after said t ime shall be returned unopened. Bids shall be valid for a period of 90 calendar days after the Bid opening date.

The various wall repairs consist of:
• Removing the concrete spalling (areas of the wall where the concrete surfacing is chipping away), removing any unsound concrete around the exposed rebar, cleaning and preparing and patching with high pressure concrete; and • Exposing and cleaning cracks (Any crack over 1/16 inch) and injecting epoxy seal; and • Removal and installation of valley gutters, c oncrete flat work, wooden retaining structures, and installation of new weep holes, erosion control and painting.

Bids must be submitted on the Town’s Bid Forms. Bidders may obtain a copy of the Contract Documents from https://www.colma.ca.gov/rfp-and-bids/
(Town’s Webpage). 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 the Town’s Website It is the responsibility of each prospective bidder to check the Town’s 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 Documents.

Information on Town’s Webpage may change without notice to prospective bidders. The Contract Documents shall supersede any information posted or transmitted by the Town’s Webpage.

Each Bid shall be accompanied by cash, a certified or cashier’s check, or Bid Bond secured from a surety company satisfactory to the Town, the amount of which shall not be less than ten percent (10%) of the submitted Total Bid Price, made 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 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 withi n said time. No interest will be paid on funds deposited with Town.

A MANDATORY Pre-Bid Conference is scheduled for ___________, 2022 at 10:00 a.m. to review the Project's existing conditions at the intersection of F Street and El Camino Real .

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 25977.00100\34209346.1

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shall be answered in writing, and shall be sent to all Bidders present at the Pre-Bid Conference.

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 pe rformance 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 Indu strial 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 job 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 rates to all workers employed by them in the execution of the C ontract, 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 Relati ons. 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 Instruct ions 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 contract: Class A License.
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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.

Town shall award the contract for the Project to the lowest responsive, responsible Bidder as determined by the Town from the BASE BID SCHEDULE PLUS THE TOTAL OF THE ALTERNATE BID SCHEDULE. 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 Dave Bishop, Senior Engineer/Project Manager , at [email protected].

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 https://www.colma.ca.gov/rfp- and-bids/ Town’s 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.

Any Addenda will be posted the Town’s Webpage. Failure 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, forms, 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 exc ept 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 prospectiv e Bidder submitting the request is responsible 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 the proposed documents. If a Prospective Bidders becomes aware of any errors or omissi ons 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.
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ARTICLE 4. PRE-BID CONFERENCE
A mandatory Pre-Bid Conference is scheduled for ___________,2022 at 10:00 a.m . to review the Project's existing conditions at the intersection of F Street and El Camino Real.

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.

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 Documents. 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. The 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 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 i tems. 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. Accordingly, 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 which 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 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.
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ARTICLE 8. MODIFICATIONS OF BIDS
Each Bidder shall submit its 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 materi als 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 am ount 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 P rofessions Code Section 7028.5, the Town shall consider any bid submitted by a contractor not currently licensed in accordance with state law and pursuant 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 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 bidders no later than 60 calendar days after award of the contract. 25977.00100\34209346.1

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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 into 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 subdivision (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. N o 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 m ay 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 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 25977.00100\34209346.1

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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 t he Bidder 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 the 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 F Street Retaining Wall Repair Project
Only whe re 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, 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.
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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 percent age 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 Contract. These rates are available at the Public Works Department 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). 25977.00100\34209346.1

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ARTICLE 24. 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 25. INSURANCE REQUIREMENTS
Prior to commencing work, the successful bidder shall purchase and maintain insurance as set forth in the General Conditions.

ARTICLE 26. 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 all 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 27. 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 28. 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 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 payabl e by Contractor to the Agency of Jurisdiction are included within the allowance.

ARTICLE 29. FILING OF BID PROTESTS
Bidders may file a “protest” of a Bid with the Town’s Public Works Director . In order for a Bidder’s protest to be considered valid, the protest must:
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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 Public Works Director, or other designated Town staff member, shall review the protest , any response from the challenged Bidder(s), and all other relevant information. The Public Works Director 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 30. BASIS OF AWARD; BALANCED BID
The Town shall award the Contract to the lowest responsible Bidder submitting a responsive Bid. The lowest Bid will be determined on the basis of the Base Bid and Any Alternate.

The Town may reject any B id which, in its opinion 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 weight s or allocates costs, including but not limited to overhead and profit to one or more particular bid items.

ARTICLE 31. 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 the Bidder, the Town shall issue a Notice to Proceed to that Bidder.

ARTICLE 32. 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 25977.00100\34209346.1

-16- 00 21 13 – INSTRUCTIONS TO BIDDERS

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 33. QUESTIONS
Questions regarding this Notice Inviting Bids may be directed to Nichol Bowersox, Senior Engineer/Project Manager, email at [email protected] . 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 m ust 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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-17- 00 41 43 – BID FORMS

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 2:00 p.m. on Tuesday __________________, 2022.

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:

F STREET RETAINING WALL REPAIR 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 complete 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 l ess 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.

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-18- 00 41 43 – BID FORMS

A. BASE BID SCHEDULE
NO. ITEM DESCRIPTION

UNIT OF

MEASURE
EST.

QTY.

UNIT
PRICE ($)
ITEM
COST

1. Mobilization LS 1

2. Traffic Control and
Notification LS 1

3. Lead Compliance Plan LS 1

4. Develop Construction Water
Supply LS 1

5. Stormwater Pollution
Prevention LS
1 6.

Prepare Concrete Spall
Areas SQFT 85

7. Inject Crack (Epoxy) LF 100

8. Repair Concrete Spall
Areas CY 1

9. Clean and Paint Upper and
Lower Walls and Butress
Surfaces (Revocable)
SQFT 3165

10. Bar Reinforcing Steel
(Retaining Wall) LB 500

11. Structure Backfill CY CY

12. Core Concrete Hole (4" Dia) EA 15

13. Remove and Replace
Concrete Gutter LS 1

14. Structure Excavation
(Retaining Wall) CY 22

15. Pervious Backfill Material CY 15

16. Timber Retaining Wall LF 265

17. Rolled Erosion Control
Blanket Product (Netting
non-seeded)
SF 720
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-19- 00 41 43 – BID FORMS

18. Fiber Rolls LF 120

19. 2”-8” Cobble Blend with
Double Layer Filter Fabric CY 12

20. Minor Concrete
(Replace Concrete Flatwork
–
6 inches thick)
SQFT 144

TOTAL BASE BID ITEMS

ALTRNATE BID SCHEDULE 1

NO. ITEM DESCRIPTION UNIT OF

MEASURE
EST.

QTY.

UNIT
PRICE ($)
ITEM
COST
ALT1
Architectural Pilasters
(Revocable) EA 19
ALT2
Stucco Color Finish Lower
Wall (Revocable) SQFT 1505

TOTAL OF ALTERNATE
BID SCHEDULE 1 ITEMS

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 and shall be divided by the estima ted 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 representation 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.
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-20- 00 41 43 – BID FORMS

B. TOTAL BID PRICE:

TOTAL BID PRICE IS BASED ON THE TOTAL OF BASE BID

SCHEDULE TOTAL OF UNIT PRICES

FOR F STREET RETAINING WALL REPAIR PROJECT
$
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.

If the Contract Documents specify Alternate Bid items, the following Alternate Bid amounts shall be added to or deducted from the Total Bid Price entered above (please check the appropriate box), in the Town’s sole discretion. The Town can choose to include any, all, or none of the Alternate Bid items in the Work. If the Town selects any of the Alternate Bid items, the corresponding Alternate Bid prices shall be added to or deducted from Base Bid Price for the Work. The Town can award/select Alternate Bid items at any time(s).

ALTERNATE
BIDS

BID PRICE
(IN WRITTEN FORM)

BID PRICE
(IN NUMBERS)
ALTERNATE #1
 Add  Deduct

ALTERNATE #2
 Add  Deduct

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.
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-21- 00 41 43 – BID FORMS

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.

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 undersigned 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 partnership ______, organized under the laws of the State of _______________________________.

Bidder confirms lice nse(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%) of 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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-23- 00 41 43 – BID FORMS

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 whereas the Principal has submitted the acc ompanying bid dated _____________, 20 ____, for F Street Retaining Wall Repair Project.

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 instrument 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

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
NOTE: This acknowledgment is to be completed for Contractor/Principal.

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-25- 00 41 43 – BID FORMS

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
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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-26- 00 41 43 – BID FORMS

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 St ate 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 pursuan t to Labor Code Sections 1725.5 and 1771.1, and (d) the portion of the work 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 Bi d 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 work 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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-28- 00 41 43 – BID FORMS

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

-30- 00 41 43 – BID FORMS

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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-31- 00 41 43 – BID FORMS

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

25977.00100\34209346.1

-32- 00 41 43 – BID FORMS

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

25977.00100\34209346.1

-33- 00 41 43 – BID FORMS

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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-34- 00 41 43 – BID FORMS

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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-35- 00 41 43 – BID FORMS

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 other B idder 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 indirectly, 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 Contractor’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 Pro ject 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 ineligibility 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 contractor’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 ______________________________
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-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 here to 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, equipm ent, 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:

F STREET RETAINING WALL REPAIR 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 40 working 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 Contract 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 Tow n may deduct that amount from any money due or that may become due the Contractor under the Contract. This 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 indemnif ication 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 o r 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

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

25977.00100\34209346.1

-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 wo rk 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, 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 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 lo ss 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, California 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 s hall 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 Projec t in accordance with all terms and conditions in the Contract 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 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.

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 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

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 reattac hment 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
NOTE: This acknowledgment is to be completed for Contractor/Principal.

25977.00100\34209346.1

-47- 00 61 13 – BOND FORMS

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
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
25977.00100\34209346.1

-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 wor k 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 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 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 investiga tion 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 Sur ety 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 relat ing 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 right 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 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 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

25977.00100\34209346.1

-50- 00 61 13 – BOND FORMS

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
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

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
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 with initial capital letters in the Contract Documents inc lude 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 Public Works Director of the Town, acting either directly or through properly authorized agents, such agents acting severally within the scope of the particular duties entrusted to them. On all questions 25977.00100\34209346.1

-55- 00 72 13 – GENERAL CONDITIONS

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 exec uted 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.

FF. Project -- The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part.
25977.00100\34209346.1

-56- 00 72 13 – GENERAL CONDITIONS

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 specifically 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 workmanship 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 traffic 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 u se for the period required by the Contract Documents or the longest period permitted by the law of this State, whichever is longer.

SS. Work -- The entire construction or the various separately identifiable parts thereof required to be provided under the Contr act Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to 25977.00100\34209346.1

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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 f ully 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.

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 herein, procedures 25977.00100\34209346.1

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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 al l 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 , ambiguity, 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 costs, 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, inconsist ency, ambiguity, 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 parts 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 improper Work removed, remade or replaced by the Contractor at the Contractor’s expense.

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 attributabl e to any specific bid item will be included in the progress estimate (“Initial Mobilization”). When no bid 25977.00100\34209346.1

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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 the 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 water facili ties 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 s torage 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.

12. Submittal of Construction Schedule as required by the Contract Documents.

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. 25977.00100\34209346.1

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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 not 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 any 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 structures 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 excavati on 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 notification 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

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 25977.00100\34209346.1

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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 contractor 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.

ARTICLE 12. SUBCONTRACTS
A. Contractor agrees to bind every subcontractor 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 indirectly employed by its subcontractors, as Contractor is for acts and omissions of persons directly employed by Contractor. Nothing contained in these Contract Docum ents shall create any contractual relationship between any subcontractor and the Town. 25977.00100\34209346.1

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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 in 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, Contractor 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 time 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 article 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 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, 25977.00100\34209346.1

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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 time 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.

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 s hall 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. 25977.00100\34209346.1

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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 Engineer’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 wi th 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 s hall be of good quality.

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. 25977.00100\34209346.1

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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 neces sary 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 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 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, 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 Cal ifornia 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. 25977.00100\34209346.1

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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.

4. There is a potential to encountering hazardous waste at the project site. Based on the age of the structure, it is anticipated that the existing paint may contain hazardous levels of lead. The Contractor shall submit a Lead Compliance Plan that includes testing and removal methods to be used to remove existing paint as described on the plans and these special provisions.

The Town shall promptly investigate the conditions, and if it fi nds 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 Contract. 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 requirements of the Agency(s) of Jurisdiction. The Permit and Inspection Allowance 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 traffic control plans, implementation of any traffic contr ol requirements or for any traffic 25977.00100\34209346.1

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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 Jurisdiction 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 intersecting 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/she 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 otherwise 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 temporarily 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 w ritten 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 c osts 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 Work in the affected area shall not thereafter be resumed except by wr itten agreement of the Town and Contractor.

ARTICLE 23. SANITARY FACILITIES
Contractor shall provide sanitary temporary toilet buildings and hand washing facilities for the 25977.00100\34209346.1

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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 air 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 Town. 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 complia nce 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 for testing at the source of supply. Any materials which have not satisfact orily 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. 25977.00100\34209346.1

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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 los s 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 Contractor’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 fai lure to carry out the Work in accordance with the Contract Documents. Contractor shall provide safe and proper facilities for such access.

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 pa rt of the Work contemplated by this Contract is limited and restricted to eight (8) hours during any one calendar day and 40 hours during any 25977.00100\34209346.1

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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 every 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 t o 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 performed 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
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 25977.00100\34209346.1

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records maintained and submitted by Contractor are true and accur ate. Contractor shall also require subcontractor(s) to certify weekly payroll records under penalty of perjury.

B. In accordance 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, the certified payroll records shall be on forms provided by the Division of Labor Standards Enforc ement (“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 Apprenti ceship Standards or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, 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.

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pay a penalty of one hundred dollars ($100.00) to the Town for each calendar day, or portion thereof, for eac h 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 t his 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 fi le 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 P roject 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 authorized 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.

C. Contractor shall post, at appropriate conspicuous points on the Project site, a schedule showing all determined general prevailing wage rates and all authorized 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 25977.00100\34209346.1

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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 regist ration 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 sm all project 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 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 time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the 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 au thorization 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. 25977.00100\34209346.1

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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 conditions 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 Contractor or its subcontractors, sub -subcontractors or consultants to meet any of the requirements provided for herein; (2) any misrepresentation or material o mission 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 36. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS Contractors or subcontractors may not perf orm 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 subcontr actor 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 accordance with California Code of Regulations, Title 8, Section 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.
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ARTICLE 38. INSURANCE
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 certificates 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. Contractor 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 e mployees 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 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 25977.00100\34209346.1

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provide a Borrowed Servant/Alternate E mployer 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, 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 f orm 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.

1. 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 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 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.

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

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 shall 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.

3. Policy shall be provided for replacement value 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.
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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. Contractor’s Pollution Liability Coverage. Contractor shall provide pollut ion 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 Cont ract Documents 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 c overage 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 25977.00100\34209346.1

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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 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 t he 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 ess ence 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, 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 dama ges. 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 caus es beyond the control and without the fault or negligence of Contractor (or its subcontractors or 25977.00100\34209346.1

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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 without 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 over head 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 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 which the payment request is prepared. Contractor 25977.00100\34209346.1

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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.

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 s ubsections (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. 25977.00100\34209346.1

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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 s hall 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 t o 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 avai lable 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 cont ract. 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 securities 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.

1. The Town, witho ut 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 in writing by the Town even when the par ties 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.
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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 or 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.
b. Contractor Initiated Change. The Contractor must give written notice of a proposed change order required for compliance with the Contract Documents 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 25977.00100\34209346.1

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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:
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 S um 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 25977.00100\34209346.1

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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 work er 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 agreements. 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), 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 properly 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 price 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 25977.00100\34209346.1

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of cost are not furnished wi thin fifteen (15) Days of delivery, then the Town shall determine the materials cost, at its sole discretion. Estimated material change order costs shall reflect the 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 suffi cient 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 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 Allow able 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 proces sing, 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 25977.00100\34209346.1

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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 proposal. 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, projec t 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, pi ck-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.
j. Deduct Change Orders and Net Deduct Changes . The application of the 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 contract 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. 25977.00100\34209346.1

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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 writing 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 waiver 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 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 completion o f 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 Summary Sheet w ithin 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 o f labor for the workers used in the actual and direct performance of the Work. The cost of labor will be the 25977.00100\34209346.1

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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 Tr ansportation 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.
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 mat erials 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.
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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 performed 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.
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 25977.00100\34209346.1

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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 . Spec ial 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.
i. Invoices for Special Services . Wh en 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 th e 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 fi fteen 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.
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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 negligenc e 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 wrongl y 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;
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 the 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 25977.00100\34209346.1

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Contractor and subcontractors at cost only, without mark -up. Contractor shall provide Town with documentat ion 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 the following costs are included in the markups for overhead and profit described above, and Contractor shall not receive any additional compensation 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 ser vices; 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 office 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 reco rd of the cost to the Contractor, signed by such vendor or supplier.
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8. Any change in the Work involving both additions and deletions shall indicate a net total cost, including subcontracts and materials. Allowance for overhead and profit, as specified herei n, 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 acceleration 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 T own, a Change 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.

C. Change of Contract Times.

1. The Contract Times may only be changed by a Change Order.

2. All changes in the Contract Price and/or adjustments to the Contract Times related to each change shall be included in Contractor’s COR pursuant to this Article. No cost or time will be allowed for cumulative effects of multiple changes.

All Change Orders must state that the Contract Time is not changed or is either increased or decreased by a specific number of days. Failure to include a change to time shall waive any change to the time unless the parties mutually agree in writing to postpone a determination of the change to time resulting from the Change Order.

3. Notice of the amount of the request for adjustment in the Contract Times with supporting data shall be delivered within seven (7) Days after such start of occurrence, unless Town’s Representative allows an additional period of time to ascertain more accurate data in support of the request. No extension of time or additional compensation shall be given for a delay if the Contractor failed to give notice in the manner and within the time prescribed.

4. Town may elect, at Town ’s sole discretion, to grant an extension in Contract Times, without Contractor’s request, because of delays or other factors. 25977.00100\34209346.1

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5. Use of Float and Critical Path.
a. Float is for the benefit of the Proje ct. Float shall not be considered for the exclusive use or benefit of either the Town or the Contractor. b. Contractor shall not be entitled to compensation, and Town will not compensate Contractor, for delays which impact early completion. Any difference in time between the Contractor’s early completion and the Contract Time shall be considered a part of the Project float.

6. Contractor’s entitlement to an extension of the Contract Times is limited to a Town-caused extension of the critical path, reduced by the Contractor’s concurrent delays, and established by a proper time impact analysis. No time extension shall be allowed unless, and then only to the extent that, the Town- caused delay extends the critical path beyond the previously approved Contract Time. If approved, the increase in time required to complete the Work shall be added to the Contract Time.
a. Contractor shall not be entitled to an adjustment in the Contract Price or Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor.
b. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, pandemic, abnormal weather conditions (as det ermined by the Town), Acts of God, acts or failures to act of utility owners not under the control of Town, or other causes not the fault of and beyond control of Town and Contractor, then Contractor shall be entitled to an time extension when the Work stopped is on the critical path. Such a non- compensable adjustment shall be Contractor’s sole and exclusive remedy for such delays.

Contractor must submit a timely request in accordance with the requirements of this Article.
c. Utility-Related Delays.
i. Contractor shall immediately notify in writing the utility owner and Town’s Representative of its construction schedule and any subsequent changes in the construction schedule which will affect the time available for protection, removal, or relocation of u tilities. Requests for extensions of time arising out of utility relocation or repair delays shall be filed in accordance with this Article.
ii. Contractor shall not be entitled to damages or additional payment for delays attributable to utility relocations o r alterations if correctly located, as noted in the Contract Documents or by the Underground Service Alert survey.

7. Content for Requests for Contract Extension. Contractor’s justification for entitlement shall be clear and complete citing specific Contract Document 25977.00100\34209346.1

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references and reasons on which Contractor’s entitlement is based. At a minimum, each request for a time extension must include:
a. Each request for an extension of Contract Time must identify the impacting event, in narrative form, providing a description of the delay event and sufficient justification as to why the Contractor is entitled to a time extension.

Contractor must demonstrate that the delay arises from unforeseeable causes beyond the control and without the fault or negligence of both Contractor and any Subcontractors or Suppliers, or any other persons or organizations employed by any of them or for whose acts any of them may be liable, and that such causes in fact lead to performance or completion of the Work, or specified part in question, beyond the corresponding Contract Times, despite Contractor’s reasonable and diligent actions to guard against those effects.
b. Each request for an extension of Contract Time must include a time impac t analysis in CPM format, using the Contemporaneous Impacted As -Planned Schedule Analysis to calculate the impact of the delay event.

8. No Damages for Reasonable Delay.
a. Town’s liability to Contractor for delays for which Town is responsible shall be limited to only an extension of time unless such delays were unreasonable under the circumstances. In no case shall 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. b. Damages caused by unreasonable Town delay that impact the critical path, including delays caused by items that are the responsibility of the Town pursuant to Government Code section 4215, shall be compensated at the Daily Rate e stablished in the Special Conditions. No other calculations, proportions or formulas shall be used to calculate any delay damages. c. Town and Town’s Representative, and the officers, members, partners, employees, agents, consultants, or subcontractors of each of them, shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project.

9. Contractor’s failure, neglect, or refusal to comply with the requirements of the Contract Documents, or any portion thereof, shall bar Contractor’s request f or extensions of the Contract Times. Such failure, neglect, or refusal prejudices Town’s and Town’s Representative’s ability to recognize and mitigate delay, and such failure, neglect, or refusal prevent the timely analysis of requests for extensions of Contract Times, and whether such extensions may be warranted.

Contractor hereby waives all rights to extensions of Contract Times due to delays or accelerations that result from or occur during periods of time for which 25977.00100\34209346.1

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Contractor fails, neglects, or refuses to fully comply with t he requirements of this Article.

ARTICLE 45. FINAL ACCEPTANCE AND PAYMENT
A. The acceptance of the Work on behalf of the Town will be made by the Engineer.

Such acceptance by the Town shall not constitute a waiver of defects. When the Work has been accepted there shall be paid to Contractor a sum equal to the contract price less any amounts previously paid Contractor and less any amounts withheld by the Town from Contractor under the terms of the contract. The final five percent (5%), or the perc entage specified in the notice inviting bids where the Town has adopted a finding of substantially complete, shall not become due and payable until five (5) calendar days shall have elapsed after the expiration of the period within which all claims may be filed under the provisions of Civil Code section 9356. If the Contractor has placed securities with the Town as described herein, the Contractor shall be paid a sum equal to one hundred percent (100%) of the contract price less any amounts due the Town under the terms of the Contract.

B. Unless Contractor advises the Town in writing prior to acceptance of the final five percent (5%) or the percentage specified in the notice inviting bids where the Town has adopted a finding of substantially complete, or the r eturn of securities held as described herein, said acceptance shall operate as a release to the Town of all claims and all liability to Contractor for all things done or furnished in connection with this work and for every act of negligence of the Town and for all other claims relating to or arising out of this work. If Contractor advises the Town in writing prior to acceptance of final payment or return of the securities that there is a dispute regarding the amount due the Contractor, the Town may pay the undisputed amount contingent upon the Contractor furnishing a release of all undisputed claims against the Town with the disputed claims in stated amounts being specifically excluded by Contractor from the operation of the release. No payments, however, f inal or otherwise, shall operate to release Contractor or its sureties from the Faithful Performance Bond, Labor and Material Payment Bond, or from any other obligation under this contract.

C. In case of suspension of the contract any unpaid balance shall be and become the sole and absolute property of the Town to the extent necessary to repay the Town any excess in the cost of the Work above the contract price.

D. Final payment shall be made no later than 60 days after the date of acceptance of the Work by the Town or the date of occupation, beneficial use and enjoyment of the Work by the Town including any operation only for testing, start-up or commissioning accompanied by cessation of labor on the Work, provided that a release of liens and claims has been received from the Contractor pursuant to Civil Code section 8136.

In the event of a dispute between the Town and the Contractor, the Town may withhold from the final payment an amount not to exceed 150% of the disputed amount.

E. Within ten (10) calendar days from the time that all or any portion of the retention proceeds are received by Contractor, Contractor shall pay each of its subcontractors from whom retention has been withheld each subcontractor’s share of the retention 25977.00100\34209346.1

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received. However, if a retention payment received by Contractor is specifically designated for a particular subcontractor, payment of the retention shall be made to the designated subcontractor if the payment is consistent wit h the terms of the subcontract.

ARTICLE 46. OCCUPANCY
The Town reserves the right to occupy or utilize any portion of t he Work at any time before completion, and such occupancy or use shall not constitute a cceptance of any part of Work covered by this Contract. This use shall not relieve the Contra ctor of its resp onsibilities under the Contract.

ARTICLE 47. INDEMNIFICATION
To the fullest extent permitted by law, Contractor shall immediately defend (with counsel of the Town’s choosing), indemnify and hold harmless the Town, officials, officers, agents, employees, and representatives, and each of them from and against:

A. Any and all claims, demands, causes of action, costs, expenses, injuries, losses or liabilities, in law or in equity, of every kind or nature whatsoever, but not limited to, injury to or death, incl uding wrongful death, of any person, and damages to or destruction of property of any person, arising out of, related to, or in any manner directly or indirectly connected with the Work or this Contract, including claims made by subcontractors for nonpayment, including without limitation the payment of all consequential damages and attorney’s fees and other related costs and expenses, however caused, regardless of whether the allegations are false, fraudulent, or groundless, and regardless of any negligence of the Town or its officers, employees, or authorized volunteers (including passive negligence), except the sole negligence or willful misconduct or active negligence of the Town or its officials , officers, employees, or authorized volunteers.

B. Contractor’s defense and indemnity obligation herein includes, but is not limited to damages, fines, penalties, attorney’s fees and costs arising from claims under the Americans with Disabilities Act (ADA) or other federal or state disability access or discrimination laws arising from Contractor’s Work during the course of construction of the improvements or after the Work is complete, as the result of defects or negligence in Contractor’s construction of the improvements.

C. Any and all actions, proceedings, damages, costs, expenses, fines, penalties or liabilities, in law or equity, of every kind or nature whatsoever, arising out of, resulting from, or on account of the violation of any governmental law or regulation, compliance with which is the responsibility of Contractor; D. Any and all losses, expenses, damages (including damages to the Work itself), attorney’s fees, and other costs, including all costs of defense which any of them may incur with respect to the failure, neglect, or refusal of Contractor to f aithfully perform the Work and all of Contractor’s obligations under the agreement. Such costs, expenses, and damages shall include all costs, including attorney’s fees, incurred by the indemnified parties in any lawsuit to which they are a party. 25977.00100\34209346.1

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Contractor shall immediately 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 the Town, its officials, officers, agents, employees and r epresentatives.

Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the Town, its officials, officers, employees, agents, employees and representatives, in any such suit, action or other legal proceeding. Contractor shall reimburse the Town, its officials, officers, agents, employees and representatives for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The only limitations on this provision shall be those imposed by Civil Code section 2782.

ARTICLE 48. PROCEDURE FOR RESOLVING DISPUTES
Contractor shall timely comply with all notices and requests for changes to the Contract Time or Contract Price, including but not limited to all requirements of A rticle 4 4, Changes and Extra Work, as a prerequisite to filing any claim governed by this Article. The failure to timely submit a notice of delay or notice of change, or to timely request a change to the Contract Price or Contract Time, or to timely provide any other notice or request required herein shall constitute a waiver of the right to further pursue the claim under the Contract or at law.

A. Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a pr ocess utilizing informal conferences, non- binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a proc ess for negotiation and mediation to resolve disputes on construction claims. The intent of this Article is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code.

This Article shall be construed to be consistent with said statutes.

B. Claims. For purposes of this Article, “Claim” means a separate demand by the Contractor, after a change order duly requested in accordance with Article 44 “Changes and Extra Work” has been denied by the Town, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract , or (C) an amount the payment of which is disputed by the Town. Claims governed by this Article may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the procedures contained in Article 4 4, Changes and Extra Work, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Article must be filed no later than the date of final payment. The claim shall be submitted in writing to the Town and shall include on its first page the following in 1 6 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substanti ate the claim. Nothing herein is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the f iling of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions.

Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.

C. Supporting Documentation. The Contractor shall submit all claims in the following format:
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1. Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made

2. List of documents relating to claim:
a. Specifications
b. Drawings
c. Clarifications (Requests for Information)
d. Schedules
e. Other

3. Chronology of events and correspondence

4. Analysis of claim merit

5. Analysis of claim cost

6. Time impact analysis in CPM format

7. If Contractor’s claim is based in whole or in part on an allegation of errors or omissions in the Drawings or Specifications for the Project, Contractor shall provide a summary of the percentage of the claim subject to design errors or omissions and shall obtain a certificate of merit in support of the claim of design errors and omissions.

D. Town’s Response. Upon receipt of a claim pursuant to this Article, Town shall conduct a reasonable review of the claim and, within a period not to exceed 45 Days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 Days after the Town issues its written statement.

1. If the Town needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the Town’s governing body does not meet within the 45 Days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the Town shall have up to three Days following the next duly publicly noticed meeting of the Town’s governing body after the 45 -Day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.

2. Within 30 Days of receipt of a claim, the Town may request in writing additional documentation supporting the claim or relating to defenses or claims the Town may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivis ion, upon mutual agreement of Town and the Contractor. The Town’s written response to the 25977.00100\34209346.1

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claim, as further documented, shall be submitted to the Contractor within 30 Days (if the claim is less than $15,000, within 15 Days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.

E. Meet and Confer. If the Contractor disputes the Town’s written response, or the Town fails to respond within the time prescribed, the Contractor may so notify the Town, in writing, either within 15 Days of receipt of the Town’s response or within 15 Days of the Town’s failure to respond within the time prescribed, respectively, and demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the Town shall schedule a meet and confer conference within 30 Days for settlement of the dispute.

F. Mediation. Within 10 business Days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the Town shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 Days after the Town issues its written statement. Any disputed portion of the claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the Town and the Contractor sharing the associated costs equally. The Town and Contractor shall mutually agree to a mediator within 10 business Days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time.

1. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.

2. For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.

3. Unless otherwise agreed to by the Town and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced.

4. The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed.

G. Procedures After Mediation. If following the mediation, the claim or any portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 25977.00100\34209346.1

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(commencing with Section 900) and Chapter 2 ( commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code prior to initiating litigation.

For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time t he Contractor submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference.

H. Civil Actions. The following procedures are established for all civil actions filed to resolve claims of $375,000 or less:

1. Within 60 Days, but no earlier than 30 Days, following the filing or responsive pleadings, the court shall submit the matter to non- binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of this Contract. The mediation process shall provide for the selection within 15 Days by both parties of a disinterested thi rd person as mediator, shall be commenced within 30 Days of the submittal, and shall be concluded within 15 Days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.

2. If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.

I. Government Code Claims. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra Work, disputed Work, construction claims and/or changed conditions, the Contractor must comply with the claim procedures set forth in Government Code Sections 900, et seq. prior to filing any lawsuit against the Town. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra Work, disputed Work, construction claims, and/or changed conditions have been follow ed by Contractor. If no such Government Code claim is submitted, or if the prerequisite contractual requirements are not satisfied, no action against the Town may be filed.

A Government Code claim must be filed no earlier than the date t he Work is completed or the date the Contractor last performs Work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted.
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J. Non-Waiver. The Town’s failure to respond to a claim from the Contractor within the time periods described in this Article or to otherwise meet the time requirements of this Article shall result in the claim being deemed rejected in its entirety.

ARTICLE 49. TOWN’S RIGHT TO TERMINATE CONTRACT
A. Termination for Cause by the Town:

1. In the sole estimation of the Town, if the Contractor refuses or fails to prosecute the Work or any separable part thereof with such diligence as will insure its completion within the time specified by the Contr act Documents, or any extension thereof, or fails to complete such Work within such time, or if the Contractor should be adjudged a bankrupt, or if it should make a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of its insolvency, or the Contractor or any of its subcontractors should violate any of the provisions of this Contract, the Town may serve written notice upon the Contractor and its Surety of the Town's intention to terminate this Contract. Thi s notice of intent to terminate shall contain the reasons for such intention to terminate this Contract, and a statement to the effect that the Contractor's right to perform this Contract shall cease and terminate upon the expiration of ten (10) calendar days unless such violations have ceased and arrangements satisfactory to the Town have been made for correction of said violations.

2. In the event that the Town serves such written notice of termination upon the Contractor and the Surety, the Surety shall hav e the right to take over and perform the Contract. If the Surety does not: (1) give the Town written notice of Surety's intention to take over and commence performance of the Contract within 15 calendar days of the Town's service of said notice of intent to terminate upon Surety; and (2) actually commence performance of the Contract within 30 calendar days of the Town's service of said notice upon Surety; then the Town may take over the Work and prosecute the same to completion by separate contract or by any other method it may deem advisable for the account and at the expense of the Contractor.

3. In the event that the Town elects to obtain an alternative performance of the Contract as specified above: (1) the Town may, without liability for so doing, take possession of and utilize in completion of the Work such materials, appliances, plants and other property belonging to the Contractor that are on the site and reasonably necessary for such completion (A special li en to secure the claims of the Town in the event of such suspension is hereby created against any property of Contractor taken into the possession of the Town under the terms hereof and such lien may be enforced by sale of such property under the direction of the Town without notice to Contractor. The proceeds of the sale after deducting all expenses thereof and connected therewith shall be credited to Contractor. If the net credits shall be in excess of the claims of the Town against Contractor, the balance will be paid to Contractor or Contractor’s legal representatives.); and (2) Surety shall be liable to the Town for any cost or other damage to the Town necessitated by the Town securing an alternate performance pursuant to this Article.
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B. Termination for Convenience by the Town:

1. The Town may terminate performance of the Work called for by the Contract Documents in whole or, from time to time, in part, if the Town determines that a termination is in the Town's interest.

2. The Contractor shall terminate all o r any part of the Work upon delivery to the Contractor of a Notice of Termination specifying that the termination is for the convenience of the Town, the extent of termination, and the Effective Date of such termination.

3. After receipt of Notice of Terminat ion, and except as directed by the Town's Representative, the Contractor shall, regardless of any delay in determining or adjusting any amounts due under this Termination for Convenience clause, immediately proceed with the following obligations:
a. Stop Work as specified in the Notice.
b. Complete any Work specified in the Notice of Termination in a least cost/shortest time manner while still maintaining the quality called for under the Contract Documents.
c. Leave the property upon which the Contractor was working and upon which the facility (or facilities) forming the basis of the Contract Document is situated in a safe and sanitary manner such that it does not pose any threat to the public health or safety.
d. Terminate all subcontracts to the extent that the y relate to the portions of the Work terminated.
e. Place no further subcontracts or orders, except as necessary to complete the continued portion of the Contract.
f. Submit to the Town's Representative, within ten (10) calendar days from the Effective Date of t he Notice of Termination, all of the usual documentation called for by the Contract Documents to substantiate all costs incurred by the Contractor for labor, materials and equipment through the Effective Date of the Notice of Termination. Any documentation substantiating costs incurred by the Contractor solely as a result of the Town's exercise of its right to terminate this Contract pursuant to this clause, which costs the contractor is authorized under the Contract documents to incur, shall: (1) be submi tted to and received by the Engineer no later than 30 calendar days after the Effective Date of the Notice of Termination; (2) describe the costs incurred with particularity; and (3) be conspicuously identified as “Termination Costs occasioned by the Town's Termination for Convenience.”

4. Termination of the Contract shall not relieve Surety of its obligation for any just claims arising out of or relating to the Work performed.

5. In the event that the Town exercises its right to terminate this Contract pursuant to this clause, the Town shall pay the Contractor, upon the Contractor's submission of 25977.00100\34209346.1

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the documentation required by this clause and other applicable provisions of the Contract Documents, the following amounts:
a. All actual reimbursable costs incurred according to the provisions of this Contract.
b. A reasonable allowance for profit on the cost of the Work performed, provided Contractor establishes to the satisfaction of the Town 's Representative that it is reasonably probable that Contractor would have made a profit had the Contract been completed and provided further, that the profit allowed shall in no event exceed fifteen (15%) percent of the costs.
c. A reasonable allowance for Contractor's administrative costs in determining the amount payable due to termination of the Contract under this Article.

C. Notwithstanding any other provision of this Article, when immediate action is necessary to protect life and safety or to reduce significant exposure or liability, the Town may immediately order Contractor to cease Wor k on the Project until such safety or liability issues are addressed to the satisfaction of the Town or the Contract is terminated.

D. Town shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Work including, without limitation, any overhead and profit on the portion of the Work that is terminated and shall not be entitled to damages or compensation of any kind or nature for termination of Work.

ARTICLE 50. WARRANTY AND GUARANTEE OF WORK
A. Contractor hereby warrants that materials and W ork shall be completed in conformance with the Contract Documents and that the materials and Work provided will fulfill the requirements of this Warranty. Contractor hereby agrees to repair or replace, at the discretion of the Town, any or all Work that may prove to be defective in its workmanship, materials furnished, methods of installation or fail to conform to the Contract Document requirements together with any other Work which may be damaged or displaced by such defect(s) within a period of one (1) year from the date of the Notice of Completion of the Project without any expense whatever to the Town, ordinary wear and tear and unusual abuse and neglect excepted. Contractor shall be required to promptly repair or replace defective equipment or materials, at Contractor’s option. 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.

B. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected Work. The reinstatement of the one (1) year warranty shall apply only to that portion of work that was corrected. Contractor shall perform such tests as Town may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. In the event of Contractor’s failure to comply with the 25977.00100\34209346.1

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above-mentioned conditions within ten (10) calendar days after being notified in writing of required repairs, 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 immediately upon demand.

C. In addition to the warranty set forth in this Article, Contractor shall obtain for Town all warranties that would be given in normal commercial practice and assign to Town any and all manufacturer’s or installer’s warranti es for equipment or materials not manufactured by Contractor and provided as part of the Work, to the extent that such third-party warranties are assignable and extend beyond the warranty period set forth in this Article. Contractor shall furnish the Town with all warranty and guarantee documents prior to final Acceptance of the Project by the Town as required.

D. When specifically indicated in the Contract Documents or when directed by the Engineer, the Town may furnish materials or products to the Contractor for installation. In the event any act or failure to act by Contractor shall cause a warranty applicable to any materials or products purchased by the Town for installation by the Contractor to be voided or reduced, Contractor shall indemnify Town from a nd against any cost, expense, or other liability arising therefrom, and shall be responsible to the Town for the cost of any repairs, replacement or other costs that would have been covered by the warranty but for such act or failure to act by Contractor.

E. The Contractor shall remedy at its expense any damage to Town- owned or controlled real or personal property.

F. The Town shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage. The Contractor s hall within ten (10) calendar days after being notified commence and perform with due diligence all necessary Work. If the Contractor fails to promptly remedy any defect, or damage; the Town shall have the right to replace, repair or otherwise remedy the defect, or damage at the Contractor’s expense.

G. In the event of any emergency constituting an immediate hazard to health, safety, property, or licensees, when caused by Work of the Contractor not in accordance with the Contract requirements, the Town may undertake at Contractor ’s expense, and without prior notice, all Work necessary to correct such condition.

H. Acceptance of Defective Work.

1. If, instead of requiring correction or removal and replacement of Defective Work, the Town prefers to accept it, Town may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, ar chitects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Town’s evaluation of and determination to accept such Defective Work and for the diminished value of the Work.
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2. If any acceptance of defective work occurs prior to release of the Project Retention, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Town shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work and all costs incurred by Town.

3. If the Project Retention is held in an escrow account as permitted by the Contract Documents, Contractor will promptly alert the escrow holder, in writing, of the amount of Retention to be paid to Town.

4. If the acceptance of Defective Work occurs after release of the Project Retention, an appropriate amount will be paid by Contractor to Town.

I. Town May Correct Defective Work.

1. If Contractor fails within a reasonable time after written notice from Town’s Representative to correct Defective Work, or to remove and replace rejected Work as required by Town, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Town may, after seven (7) Days’ written notice to Contractor, correct, or remedy any such deficiency.

2. In connection with such corrective or remedial action, Town may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, take possession of Contractor’s tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Town has paid Contractor but which are stored elsewhere. Contractor shall allow Town and Town’s Representative, and the agents, employees, other contractors, and consultants of each of them, access to the Site to enable Town to exercise the rights and remedies to correct the Defective Work.

3. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Town correcting the Defective Work will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions into the Contract Documents with respect to the Work; and Town shall be entitled to an appropriate decrease in the Contract Price.

4. Such claims, cos ts, losses and damages will include, but not be limited to, all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Defective Work.

5. If the Change Order is executed after all payments under the Contract have been paid by Town and the Project Retention is held in an escrow account as permitted by the Contract Documents, Contractor will promptly alert the escrow holder, in writing, of the amount of Retention to be paid to Town. 25977.00100\34209346.1

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6. If the Change Order is executed after release of the Project Retention, an appropriate amount will be paid by Contractor to Town.

7. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to Town correcting Defective work.

J. Nothing in the Warranty or in the Contract Documents shall be construed to limit the rights and remedies available to Town at law or in equity, including, but not limited to, Code of Civil Procedure section 337.15.

ARTICLE 51. DOCUMENT RETENTION & EXAMINATION
A. In accordance with Government Code section 8546.7, records of both the Town and the Contractor shall be subject to examination and audit by the State Auditor General for a period of three (3) years after final payment.

B. Contractor shall make available to the Town any of the Contractor’s other documents related to the Project immediately upon request of the Town.